8 AAC 61.880. Appeals

(a) A revocation under 8 AAC 61.870, a withdrawal under 8 AAC 61.875, or a citation and penalty under 8 AAC 61.885 is final unless the person affected files an appeal with the commissioner within 30 calendar days after receipt of the notice of revocation, notice of withdrawal, or citation and penalty. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) The commissioner's decision will be based upon the department record, and will state the facts relied upon by the commissioner in deciding the matter.

(c) The commissioner will, in his or her discretion, hold a hearing on the appeal to supplement the department record if clarification or additional facts are necessary for a proper resolution of the appeal.

(d) A copy of the commissioner's decision will be sent to the appellant by certified mail within 10 days after receipt of the appeal if a hearing is not held, or within 10 days after the date of the hearing if a hearing is held. The decision will include a statement of the appellant's right to further appeal.

History: Eff. 5/14/89, Register 110; am 8/8/90, Register 115

Authority: AS 18.63.060

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