7 AAC 74.065. Appeal procedures

(a) Subject to (d) of this section, the following decisions may be appealed to the director within 30 days after the mailing or personal delivery of the decision:

(1) a decision made by a pioneers' home administrator in the case of admission, discharge, length of absence, continued stay in a pioneer home, or eligibility for day services and respite services;

(2) a decision made by a designated department employee in the case of payment assistance applications and discharge for nonpayment of any appropriate rate.

(b) During the course of the appeal, the director or the director's designee shall accept all written evidence that the appellant, pioneers' home administrator, or designated employee wishes to submit. If the appellant, the pioneers' home administrator, or a designated employee requests a hearing, the director or the director's designee shall conduct an evidentiary hearing. Witnesses called to testify at an evidentiary hearing shall testify under oath and shall furnish relevant documents upon request. If an evidentiary hearing is not held, the director or the director's designee shall review and consider the written evidence submitted.

(c) The director shall issue a written decision, or the director's designee shall prepare a recommended decision, within 10 working days after the written and testimonial records are closed, unless that period is extended by the commissioner or the commissioner's designee for good cause shown. Grounds for extension include allowance of time to present post-hearing briefs or newly-discovered evidence not previously discovered or discoverable. If the director's designee prepares a recommended decision, the director shall adopt, modify, or disapprove the recommended decision within 10 days after receiving it. If the director disapproves the decision prepared by a designee, the director shall issue the director's own decision. The decision shall be mailed to the appellant by certified mail, return receipt requested, or personally delivered to the appellant.

(d) If the director is the person who made the initial decision under 7 AAC 74.060(d) or another provision of this chapter, an appeal under this section may be taken directly to the commissioner, within 30 days after the mailing or personal delivery of the director's decision. The commissioner will provide an opportunity for an evidentiary hearing, and the final agency decision will be rendered in accordance with (e) of this section.

(e) Within 30 days after the mailing or personal delivery of the director's decision, a party to the proceeding may appeal that decision in writing to the commissioner. The commissioner may assign the authority to hear and decide appeals under this section to a deputy commissioner, special assistant to the commissioner, or hearing officer. Except as provided in (c) of this section, the appeal will be on the record, and will be decided within 10 days after the full record is received, or the hearing is concluded, by the commissioner or the commissioner's designee. This decision constitutes final agency action for the purposes of judicial review.

History: Eff. 8/1/2004, Register 171

Authority: AS 47.55.010

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