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Title 7 . Health and Social Services
Chapter 81 . Electronic and Other Records Containing Behavioral Health Information
Section 210. Appeal procedures

7 AAC 81.210. Appeal procedures

(a) If the commissioner appoints a hearing officer under 7 AAC 81.200(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 appeal on the basis of the written submissions of the appellant and the department, without a hearing.

(c) In a hearing under this section,

(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. 7/21/2002, Register 163; am 6/24/2004, Register 170

Authority: AS 18.05.040

AS 18.08.010

AS 18.08.080

AS 18.25.100

AS 18.28.010

AS 18.28.050

AS 29.60.600

AS 44.29.020

AS 47.05.010

AS 47.20.075

AS 47.20.110

AS 47.27.005

AS 47.27.050

AS 47.30.477

AS 47.30.530

AS 47.37.030

AS 47.37.045

AS 47.40.041

AS 47.40.120

AS 47.80.130


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Last modified 7/05/2006