8 AAC 98.630. Procedures for fair hearing

(a) The division will provide a fair hearing in accordance with 34 C.F.R. 361.48 to an applicant or recipient who is not satisfied with the decision of the administrative review.

(b) During the application process, the division will notify the applicant or that individual's parent, guardian, or other representative, in writing, of the right to a fair hearing and the procedure for obtaining one.

(c) An applicant or recipient, or that individual's parent, guardian, or other representative, must request a fair hearing within 15 working days following receipt of the written administrative review decision she or he wishes to appeal. The request must be made in writing to the division director.

(d) The division director will

(1) schedule the fair hearing date within 15 days following the receipt of the request unless the division and aggrieved applicant or recipient agree in writing to a later time;

(2) hold the hearing in the division office nearest the aggrieved applicant or recipient during regular working hours;

(3) assign as hearing officer a person who has had no involvement with the division action which is at issue or with the administrative review;

(4) advise the aggrieved applicant or recipient of the client assistance program and of legal sources that are available in the community;

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

(6) provide the aggrieved applicant or recipient with relevant information necessary to prepare the case.

(e) The division will not pay for legal counsel.

(f) During the fair hearing, the aggrieved applicant or recipient, or that individual's parent, guardian, or other representative, will have the opportunity to

(1) present his or her case, or use an authorized representative;

(2) call witnesses;

(3) present his or her case by oral or documentary evidence;

(4) submit rebuttal evidence;

(5) cross-examine witnesses.

(g) All documents introduced as evidence will be filed with the hearing officer and provided to the other party. All evidence will be open to examination by each party.

(h) A transcript of all oral evidence will be available to both parties. The division will pay all transcript costs and will make one copy available to the aggrieved applicant or recipient.

(i) The transcript of testimony, exhibits, and all papers and documents filed in the hearing, constitute the exclusive record for the decision.

(j) The final decision will set out the principal issues and relevant facts presented at the hearing and the applicable provisions of law and agency policy. It will

(1) contain findings of facts and conclusions with respect to each issue, and the basis for the findings;

(2) recommend remedial action necessary to resolve the issues and disputes;

(3) be made in writing by the director, and will not be delegated to any other officer of the division.

(k) The decision will be made within 15 working days after the hearing, and will be mailed to the aggrieved applicant or recipient by certified mail, return receipt requested.

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

Authority: AS 23.15.020

AS 23.15.100

AS 23.15.180

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