7 AAC 78.310. Appeal procedures

(a) If the commissioner appoints a hearing officer under 7 AAC 78.305(d) to hear an appeal, the hearing officer will set a date for a hearing that is no more than 15 days after the appointment.

(b) The hearing officer may

(1) upon the agreement of the appellant, for good cause shown, or as is otherwise in the interest of the state, extend the time set for the hearing;

(2) arrange for the hearing to be held by teleconference;

(3) with the agreement of the appellant, review the appellant's appeal on the basis of the written submissions of the appellant and the department, without a hearing.

(1) the hearing officer shall regulate the order of testimony and presentation of the appeal;

(2) interested persons may attend, give testimony, or submit written statements;

(3) formal rules of evidence do not apply; however, testimony must be given under oath; and

(4) the hearing must be recorded and will be transcribed at the request and expense of the person requesting the transcript.

(d) The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the remedy requested.

(e) The hearing officer shall provide a written recommendation to the commissioner. The commissioner will

(1) accept the hearing officer's recommendation;

(2) reject the hearing officer's recommendation and remand the recommendation back to the hearing officer with instructions; or

(3) issue a written decision based on the appeal record.

(f) The commissioner will mail or deliver to the appellant or the appellant's representative a copy of any decision or order the commissioner issues on the appeal.

(g) The commissioner's decision on the appeal is a final administrative decision of the department that may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

History: Eff. 4/11/81, Register 78; am 7/21/2002, Register 163; am 6/24/2004, Register 170

Authority: AS 18.05.040

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