8 AAC 85.155. Appeals to the commissioner

(a) An interested party may file a written appeal to the commissioner within 30 days after the mailing or personal delivery of the decision of an appeal referee except for a decision issued under 8 AAC 85.154(a) (2). The application must contain the reasons for the appeal and must be filed in accordance with 8 AAC 85.151.

(b) After receipt, the commissioner will decide whether to accept the appeal using the standards set out AS 23.20.435 (a). In exercising discretion, the commissioner will accept an appeal from a decision of the referee that does not reverse or modify the determination of the department if the decision of the referee is clearly erroneous or presents an issue, that requires the commissioner's decision. Notice of the commissioner's decision will be mailed or otherwise delivered to all interested parties, and, if the appeal is not accepted under AS 23.20.435 (a), the notice will contain a statement of the party's right to initiate judicial review.

(1) affirm, modify, or reverse the decision of the appeal referee on the basis of the evidence previously submitted, or on the basis of additional evidence taken in accordance with 8 AAC 85.153; or

(2) remand the case to the appeal referee or the division to take additional facts and issue a new decision or determination.

(d) Interested parties may present written arguments to the commissioner and may apply for permission to present oral arguments.

(e) If the commissioner accepts an appeal from an appeal referee's decision, the commissioner will issue a written decision stating the findings of fact and the reasons for the decision. Copies of the decision will be mailed or otherwise delivered to all interested parties. A decision issued under (c)(1) of this section will include a notice of the right to judicial review.

(f) Electronic or paper copies of decisions of the commissioner will be kept on file at the office of the director. Decisions are open for inspection by the public.

History: Eff. 11/7/80, Register 76; am 10/12/97, Register 144

Authority: AS 23.20.045

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