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Title 4 . Education and Early Development
Chapter 64 . (Repealed)
Section 800. Appeal; waiver of provisions

4 AAC 64.800. Appeal; waiver of provisions

(a) A provider may appeal a decision of the department under this chapter by submitting an appeal request in writing to the department's child care programs office. The appeal must include a statement of why the appeal is being made and all pertinent facts.

(b) If the child care programs office determines that approval of the appeal requires waiver of a provision of 4 AAC 64.020 - 4 AAC 64.990, the office will forward the appeal request to the commissioner. The commissioner, or the commissioner's designee, will approve the appeal request and waive the program regulation provision if the commissioner or the designee determines that (1) a waiver is in the public interest; (2) the purpose of the program is being met; and (3) the regulation provision to be waived is not a statutory requirement.

(c) If the office determines that waiver of a program regulation provision is not required for the appeal request to be approved, the office will approve the appeal request if the office determines that (1) the decision being appealed was erroneous; or (2) approval is in the public interest and the purpose of the program is being met.

History: Eff. 9/12/97, Register 143

Authority: AS 14.07.060

AS 14.38.160

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Last modified 7/05/2006