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Title 17 . Transportation and Public Facilities
Chapter 81 . Miscellaneous Provisions
Section 20. Appeals

17 AAC 81.020. Appeals

(a) An aggrieved party, dissatisfied by the benefits or relocation services offered by the department, may request in writing that an administrative review officer be appointed, by the regional director of the department's geographic region where the claim arose, to reconsider the benefits or relocation services offered. An administrative review officer may not have been involved in the matter for which review is sought. An aggrieved party may be represented by counsel at the aggrieved party's sole expense. A request for reconsideration must be submitted no more than 60 days after the aggrieved party receives written notification of the department's decision on the benefits or services offered. An administrative review officer shall issue a written decision within 21 days after the regional director receives a request for reconsideration of the benefits or services offered.

(b) An aggrieved party may appeal the administrative review officer's determination under (a) of this section within 30 days after receiving the determination. An appeal must be in writing and sent to the director of statewide design and engineering services. The director of statewide design and engineering services shall impanel a three-person relocation appeals board to conduct a hearing and provide the aggrieved party the opportunity to be heard. A relocation appeals board's membership consists of the director of statewide design and engineering services, or a designee, and the department's regional directors, or their designees, excluding the director of the region in which the appeal arose. The relocation appeals board shall conduct the hearing in accordance with the requirements of 17 AAC 85.040(d) -(e).

(c) The relocation appeals board shall issue its decision, in the form set out in AS 44.62.510 , no more than 15 days after the close of the record of the appeal.

(d) A decision of a relocation appeals board on the merits of an appeal under this section is the final decision of the department. An aggrieved party may appeal a decision of a relocation appeals board to the superior court in accordance with the Alaska Rules of Appellate Procedure.

(e) Expenses incurred by an aggrieved party under this section are the sole expense of the aggrieved party.

(f) Initiating an appeal does not invalidate relocation assistance payments for which an aggrieved party is eligible under the department's initial determination.

(g) The department will, in its discretion, waive the time requirements under (a) and (b) of this section upon a written finding of hardship that the aggrieved party did not file because of circumstances beyond the aggrieved party's control.

History: Eff. 5/4/2000, Register 154

Authority: AS 34.60.140

AS 44.42.030


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Last modified 7/05/2006