8 AAC 98.610. Procedures for administrative review

(a) An applicant or recipient, or that individual's parent, guardian, or representative, may request an administrative review in accordance with 34 C.F.R. 361.48 and this section to express a grievance and seek a remedy for dissatisfaction with services or decisions concerning services of the division if

(1) the division action causing the concern in question happened within the 30 days before the request for the administrative review; and

(2) previous efforts to remedy the concern have been unsatisfactory for the applicant or recipient.

(b) The request must be sent in writing to the division, and must include the issues to be resolved by an administrative review.

(1) assigning as review officer a supervisory staff person who has not participated in the division action in question;

(2) scheduling the administrative review within 15 working days after the request, or at an alternative time convenient to the aggrieved applicant or recipient; the division will schedule the review in the district office nearest to the aggrieved applicant or recipient, during regular working hours;

(3) providing appropriate communication methods for a sensory-impaired individual or an individual who does not understand the English language;

(4) providing transportation to the aggrieved applicant or recipient if necessary.

(d) The division will advise the aggrieved applicant or recipient, in writing, of the decision of the appeal within 10 working days after the review. The division will maintain an official administrative review process record regarding the administrative review action and decisions resulting from the action. This record will be placed in the case file.

(e) If an administrative review does not resolve a dispute to the satisfaction of the aggrieved applicant or recipient, she or he may request a fair hearing in accordance with 34 C.F.R. 361.48 and 8 AAC 98.630.

History: Eff. 10/29/87, Register 104

Authority: AS 23.15.020

AS 23.15.100

AS 23.15.180

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