7 AAC 78.305. Request for appeal

(a) An applicant or grantee may appeal the following decisions under 7 AAC 78.310:

(1) a final decision under 7 AAC 78.093 or a decision eliminating an applicant from consideration under 7 AAC 78.090(b) (2);

(2) a decision to withhold a payment under 7 AAC 78.200(c) (1);

(3) a decision to require a refund of grant money under 7 AAC 78.230(b) ;

(4) a decision to suspend or terminate a grant under 7 AAC 78.290.

(b) The appellant must submit, within 15 days after receipt of notification of the decision, a written request for appeal to the commissioner. The request must contain the reasons for the appeal and must cite the statute, regulation, or terms of the grant upon which the appeal is based.

(c) The commissioner will review the request for appeal and, within 15 days after receipt of the request, will advise the appellant of acceptance or rejection of the appeal and, if the appeal is rejected, inform the applicant of the reason for the rejection.

(d) If the appeal is accepted, the commissioner will

(1) find that the appeal has merit and remedy the problem by whatever means within the commissioner's authority; or

(2) appoint a hearing officer to hear the appeal under 7 AAC 78.310.

History: Eff. 7/21/2002, Register 163; am 6/24/2004, Register 170

Authority: AS 18.05.040

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