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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 1840. Hearing officer decisions

20 AAC 05.1840. Hearing officer decisions

(a) The hearing officer shall issue a written decision containing findings and conclusions, and the reasons or basis for them, on all material issues of fact, law, or discretion presented on the record. The written decision must also set out an appropriate order resolving those issues.

(b) A hearing officer's decision becomes effective if

(1) the commission adopts the hearing officer's decision as a final commission decision; and

(2) within the 60-day period after the hearing officer's decision is hand-delivered or mailed to the applicant or other party, the applicant or other party does not file a petition for administrative review under 20 AAC 05.1845.

(c) The hearing officer's written decision must be hand-delivered or mailed to the applicant or other party, and must include a notice specifying the right to petition the commissioners for administrative review of adverse decisions.

(d) The hearing officer may issue a preliminary order before issuing a favorable written decision allowing the transfer of a permit. Upon issuance of such a preliminary order, the transfer will be allowed on a provisional basis pending the final commission decision in the matter. Preliminary orders must be hand-delivered or mailed to the applicant or other party and must include a notice specifying that the transfer is being allowed on a provisional basis only and that the hearing officer's order and written decision may be affirmed, modified, or reversed by the commissioners upon administrative review. The periods of time set by 20 AAC 05.1845 do not begin to run until the complete written decision by the hearing officer is hand-delivered or mailed to the applicant or other party.

(e) Notwithstanding (b) of this section, the commission will, in its discretion, adopt and give effect to a hearing officer's decision before the end of the 60-day period if the applicant or other party has requested an earlier effective date. If the commission fails to adopt the hearing officer's decision within five working days after the 60-day period set out in (b) of this section, the commission will conduct administrative review of that decision under 20 AAC 05.1845. For the purpose of this subsection, "working days" means calendar days, except Saturday, Sunday, or a state holiday.

History: Eff. 12/18/74, Register 52; am 12/29/84, Register 92; am 11/22/87, Register 104; am 1/21/98, Register 145; am 1/29/2000, Register 153

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.120


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Last modified 7/05/2006