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(a) If the department revokes a designation under this chapter and does not notify the person or facility at least 30 days before the effective date of the revocation, then the person or facility may request a hearing on shortened time.
(b) A request for a hearing on shortened time must be designated as such, and must otherwise meet the standards of 7 AAC 72.420(b) .
(c) The commissioner will appoint a hearing officer and will schedule a hearing for a time within five days, excluding weekends and state holiday, after the department receives the request.
(d) The hearing officer shall, at the close of the hearing, announce a decision to uphold or reverse the department's decision. The hearing officer's decision is effective immediately and will be the final decision in the matter except as provided in (e) of this section. Within two days after the hearing on shortened time, the hearing officer shall transmit a written notice of the decision and a transcript or electronic recording of the hearing to the commissioner.
(e) Within seven days after the close of the hearing on shortened time, the appellant or the department staff may request that the commissioner grant a rehearing in the matter. The request for a rehearing must be designated as such, and must include a concise statement of facts showing the reason for disagreement with the hearing officer's decision and any views or arguments on any issue of fact or law presented. The commissioner will reject a request for rehearing if it is untimely or if the request fails to state any facts, which, if true would permit reversal of the hearing officer's decision. The commissioner will, in a notice that a request for a rehearing has been accepted, set a time and place for rehearing. The hearing officer shall follow the procedure set out at 7 AAC 72.430(c) in conducting the rehearing. The commissioner will issue a final decision within 60 days after the request for a rehearing.
History: Eff. 3/30/85, Register 93
Authority: AS 47.30.660
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Last modified 7/05/2006