7 AAC 72.430. Procedure for appeal

(a) The commissioner will notify an appellant of a decision to accept or reject the appeal within seven days after the department receives a notice of appeal. The commissioner will reject an appeal if the notice of appeal is untimely or if it does not allege any facts which, if true, would permit reversal of the decision appealed.

(b) The commissioner will, in a notice of a decision to accept an appeal, set a time and place for a hearing and name an impartial hearing officer.

(c) The department will record all hearings conducted under this section. The appellant may appear, be represented by legal counsel, present exhibits and witnesses on the appellant's own behalf, and examine all evidence and witnesses presented by the department. The hearing officer shall establish all other procedures for the hearing. After the hearing, the hearing officer shall prepare written findings and recommendations to the commissioner, and the commissioner will make a final decision based on the evidence presented at the hearing.

History: Eff. 3/30/85, Register 93

Authority: AS 47.30.660

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