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(a) The time allowed for the filing of an appeal under AS 23.20.220 , 23.20.225, 23.20.242, 23.20.276, 23.20.277, 23.20.305, and 23.20.315 will be computed under Rule 6 of the Rules of Civil Procedure.
(b) An appeal referee appointed by the department shall promptly conduct the appeal hearing under 8 AAC 85.153 at a location selected under AS 44.62.410 . The referee shall mail notice of the location, time, and date of the hearing to interested parties and their representatives at least 15 days before the hearing. A party may waive the right to the notice.
(c) The appeal referee shall conduct a preliminary conference before the hearing if the referee finds it necessary or if it is requested by an interested party. At the preliminary conference, the time and date of the hearing shall be scheduled, the issues of the dispute shall be clarified, and the inspection of pertinent state files shall be permitted. Procedural matters and requests for subpoenas and stipulations shall also be heard.
(d) For purposes of this section, the appeal referee shall issue a decision under 8 AAC 85.154 if the issue is subject to the appeal provisions of AS 23.20.276 or 23.20.315.
(e) If the appeal concerns a contribution issue other than one subject to the appeal provisions of AS 23.20.276 or 23.20.315, the appeal referee shall prepare a proposed written decision. The proposed decision must contain findings of fact and the reason for the proposed decision. The referee shall send the proposed decision and the hearing record to the commissioner. The commissioner will, in the commissioner's discretion, hear additional evidence or direct the referee to take additional evidence. The commissioner will consider the evidence and decide the appeal. Copies of the decision and a notice of the right to judicial review will be mailed to all interested parties.
History: Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 3/24/85, Register 93; am 4/11/90, Register 114; am 4/28/95, Register 134
Authority: AS 23.20.045
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Last modified 7/05/2006