Title 2 . Administration

Chapter 40 . Public Information

Section 145. Administrative hearings

2 AAC 40.145. Administrative hearings

(a) The administrator will grant an administrative hearing to a person who has been denied benefits under this chapter and who complies with 2 AAC 40.060(b) , 2 AAC 40.100(c) , or 2 AAC 40.120(a) (3) and (d). A person who contacts the administrator by telephone and states an intent to request a hearing will be granted a 15-day extension in which to submit a written request confirming the call. The administrator will grant a hearing to a person who demonstrates, to the satisfaction of the administrator, that the request for a hearing was delayed by illness, prolonged absence from a usual place of residence, an inability to obtain necessary assistance in requesting a hearing, or other excusable neglect.

(b) Within 10 days after the administrator's receipt of a request for a hearing, the commissioner of administration will appoint as hearing officer a person who has not previously reviewed or acted upon the matter under consideration.

(c) The hearing officer will provide the appellant adequate opportunity to examine the contents of the case file and documents and records to be used by the hearing officer at the hearing. The identity of a person reporting information to the administrator on a confidential basis will not be provided to the hearing officer, the appellant, or the appellant's agent.

(d) A hearing will be held at a date and time mutually agreed upon between the appellant and the hearing officer. A hearing will be held by telephone unless the hearing officer determines that a telephonic hearing is inappropriate. If a hearing is not held by telephone, it will occur in a place mutually agreed upon by the appellant and the hearing officer. The appellant shall bear his or her own expenses related to attendance or representation at the hearing, except for the telephone expenses of the hearing.

(e) The hearing will be electronically recorded and the recording will be preserved until the time limit for appeal of the hearing officer's decision has expired. If the appellant requests a transcript of the proceedings, it will be prepared at the appellant's expense.

(f) The appellant bears the burden of proving that the administrator's decision was incorrect.

(g) The state is not responsible for any fees, mileage, or expenses for any representative or witness appearing at the request of the appellant.

(h) Oral evidence will be taken only under oath to be administered by the hearing officer. The hearing officer will admit evidence that is relevant and will exclude evidence that is irrelevant or unduly repetitious. The hearing officer will accord such weight to the evidence as would a responsible person in the conduct of serious affairs.

(i) The appellant, the appellant's guardian, or the appellant's designated agent under a properly executed statutory power of attorney shall be present at the hearing. The appellant may be represented or assisted by a person of his or her choice. The hearing officer will allow witnesses to testify by telephone and will provide the appellant with adequate opportunity to

(1) call witnesses;

(2) establish relevant facts and circumstances;

(3) advance arguments without undue interference;

(4) question or refute testimony or evidence; and

(5) confront and cross-examine adverse witnesses.

(j) The hearing officer will render a decision within 60 days after the date a request for a hearing is received by the administrator unless the time period is extended by mutual consent of the appellant and the hearing officer. The appellant will be notified of the decision by certified mail.

(k) An appellant may appeal the decision of the hearing officer to the superior court within 30 days after the mailing of the hearing officer's decision.

( l ) An appellant may request that the appeal process be terminated at any time. Upon receipt of a request by an appellant to terminate the process, the hearing officer will give the appellant written notice that the appeal process is being ended at the appellant's request and that the administrator's decision will stand.

History: Eff. 12/1/90, Register 117

Authority: AS 47.45.010

AS 47.45.050

AS 47.45.060

AS 47.45.070

AS 47.45.100 (1)