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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 1845. Administrative review

20 AAC 05.1845. Administrative review

(a) An applicant or other party may file a petition for administrative review, by the commission, of a decision by a hearing officer, within the 60-day period set out in 20 AAC 05.1840(b)(2). The commission will, in its discretion, and on its own motion, order administrative review of any written decision issued by a hearing officer if the commission has not yet adopted that decision. If the petitioner fails to act within the 60-day period, a late petition will be accepted only upon good cause shown.

(b) A petition for administrative review submitted by a petitioner must be in writing and must contain the following:

(1) a statement setting out the reasons that the decision should be changed;

(2) a listing of those findings of fact or interpretations of regulations or statutes that the petitioner believes to be in error;

(3) a statement as to whether a written or oral presentation before the commissioners is desired;

(4) a showing of the reasons why an oral presentation is necessary if it is desired;

(5) a request to supplement the record of the proceedings if desired;

(6) a summary of any new documentary evidence or testimony that is sought to be added to the record; and

(7) an explanation as to why the new documentary evidence or testimony was not made a part of the record earlier.

(c) The commission will grant a petition for administrative review only if, in its judgment, it appears that a question of law, fact, or discretion exists that might lead it to modify or reverse the hearing officer's decision, and if it appears that the applicant or other party acted with due diligence in making claims and presenting evidence in the administrative hearing before the hearing officer.

(d) A presentation to the commission, either oral or written, must be limited to the record of the proceedings as developed during the administrative hearing before the hearing officer, unless the commission specifically authorizes supplementation of the record by adding new documentary evidence or testimony. The commission will, in its discretion, specifically authorize supplementation of the record on the request of a petitioner or on its own motion. If supplementation is authorized, the commission will, in its discretion, refer the case back to a hearing officer for a second written decision following consideration of the new evidence or a supplemental administrative hearing. The commission will, in its discretion, exercise all those powers granted to hearing officers in 20 AAC 05.1820 - 20 AAC 05.1840.

(e) Written presentations must be made to the commission within a deadline that, in the commission's judgment, is reasonable under the circumstances of the case.

(f) Oral presentations must be conducted before a quorum of the commission. If the petitioner fails to appear as scheduled for an oral presentation, the commission will grant an additional opportunity only for good cause shown.

(g) Repealed 5/20/90.

(h) The commission will affirm, modify, or reverse the decision of the hearing officer. If the decision of the hearing officer is modified or reversed, the commission will issue a written decision containing findings and conclusions, and the reasons or bases for them, on all material issues of fact, law, or discretion presented on the record. The written decision will also set out an appropriate order resolving those issues.

(i) Unless otherwise specified by the commission, the commission's decision upon administrative review is effective and final 30 days after it is delivered or mailed to the petitioner, unless a reconsideration is ordered or a petition for reconsideration is filed within that period of time.

History: Eff. 12/18/74, Register 52, am 1/29/82, Register 81; am 10/30/82, Register 84; am 12/29/84, Register 92; am 5/20/90, Register 114, am 10/7/95, Register 136; 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