2 AAC 25.080. Decision following hearing

(a) After hearing the arguments of the parties and any witnesses, and obtaining a written opinion from the Department of Law (if necessary), the hearing officer may affirm, reverse, or modify the original decision disallowing the claim. The hearing officer's decision must be stated in writing, and must include the basis for the decision. Information obtained by the hearing officer subsequent to the hearing may be considered in making a decision if the parties are given an opportunity to comment on it.

(b) In cases of decisions against the state, the hearing officer's written decision must include a statement that the Department of Administration will issue a warrant against the proper appropriation for the sum the hearing officer finds due against the claimant, if any. In all cases the decision must include a statement that if the claimant does not accept the hearing officer's decision he may bring an action under AS 09.50.250 - 09.50.300 and Appellate Rule 45, but only if he brings it within 30 calendar days after receiving notice of the hearing officer's decision. No warrant will be issued until the claimant notifies the Department of Administration in writing that the award is accepted and the claim is satisfied, or until the state agency which was a party to the claim or the Department of Law notifies the Department of Administration that no action was brought on the claimant's claim within 30 days as provided by law.

(c) The hearing officer's decision is the final administrative action available to claimants and is not appealable to the Department of Administration.

History: Eff. 12/2/78, Register 68

Authority: AS 44.77.040

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