Title 15 . Revenue

Chapter 125 . (Repealed)

Section 125. Request for relief from agency administrative orders after the appeal deadline

15 AAC 125.125. Request for relief from agency administrative orders after the appeal deadline

(a) A party to an administrative order, or the agency on its own initiative, may file with the director a written request for relief from the order after the deadline set out in 15 AAC 125.118 for filing an appeal. The request must state one or more of the specific grounds for relief listed in (b) of this section and explain why relief is justified.

(b) The director will grant relief under this section from an administrative order if the party demonstrates, to the director's satisfaction,

(1) mistake, inadvertence, or excusable neglect;

(2) newly discovered evidence that by due diligence could not have been discovered before issuance of the order;

(3) fraud, misrepresentation, or other misconduct of an adverse party;

(4) that the order is void; or

(5) that the order, if the order is an administrative support order, has been satisfied, released, or discharged, or that a prior paternity judgment upon which that support order was based has been reversed or otherwise vacated, so that prospective application of the support order is no longer equitable.

(c) Upon receipt by the agency of a request for relief under this section, or upon the agency's own initiative, the agency will send, by first class mail, copies of the request for relief to the parties and, if appropriate, a child support enforcement agency of another state. Any party may respond to the request. The response must be in writing and must be postmarked or received by the agency within 20 days after a copy of the request for relief is mailed to the party.

(d) Within 30 days after receipt of a request for relief under (a) of this section, the director, or the director's designee, will consider the administrative order and any arguments raised with respect to the request for relief. As necessary to determine any ground for relief under (b) of this section, the director may request the submission of additional information or argument or order the administrative review process reopened to receive further evidence.

(e) If the director determines that relief from an administrative order is to be granted under (b) of this section, the agency will issue an amended administrative order with any corrections that the director determines to be appropriate to provide relief If the director grants relief under this section, the agency will adjust the obligor's account to reflect the correction of the administrative order. The amended administrative order is final for purposes of appeal to a formal hearing but is not a final administrative determination for purposes of appeal to the superior court. The provisions of 15 AAC 05.010 and 15 AAC 05.025 - 15 AAC 05.040 regarding formal hearings apply to appeals under this subsection.

(f) If the director denies a request for relief under this section, the director's decision becomes final for purposes of appeal to formal hearing as of the date of the director's written order denying the request.

(g) In this section, "administrative order" means an order of the agency.

History: Eff. 6/15/2001, Register 158

Authority: AS 25.27.020

AS 25.27.166

AS 25.27.195