12 AAC 12.805. Request for hearing

(a) To obtain administrative review of a department action under AS 43.70.075 , an aggrieved person must file with the department, in accordance with this section and 12 AAC 12.855, a request for an administrative hearing. The request must be filed within 20 days after the notice of department action is issued.

(b) A request for an administrative hearing must

(1) be in writing;

(2) be signed by the aggrieved person or the aggrieved person's attorney;

(3) be correctly addressed;

(4) set out the jurisdictional heading and case caption; the case caption must state the aggrieved person's own name; in addition, if the aggrieved person does business under another name, the case caption must state that name under a "d/b/a" designation;

(5) set out the case reference number used by the department;

(6) set out, underneath the case reference number and centered, the title of the request;

(7) specify the basis upon which the department action is being challenged;

(8) specify the relief sought;

(9) set out, at the end of the request, the

(A) signature of the aggrieved person or the aggrieved person's attorney; and

(B) date that the request was signed;

(10) include the aggrieved person's mailing address and daytime telephone number; the aggrieved person may include an electronic mail address and a telephone number for facsimile transmissions; and

(11) include a request for any special procedures to be used at the hearing, including the use of a translator.

(c) The aggrieved person is responsible for notifying the department in writing of any change in the aggrieved person's mailing address, daytime telephone number, electronic mail address, or telephone number for facsimile transmissions. For purposes of any requirement in 12 AAC 12.800 - 12 AAC 12.855 to provide the aggrieved person with a copy of filed or decisional documents, and for purposes of any other attempt to contact the aggrieved person, the department and the hearing officer may consider current any information that the aggrieved person most recently provided with respect to the aggrieved person's mailing address, daytime telephone number, electronic mail address, or telephone number for facsimile transmissions.

History: Eff. 6/27/2004, Register 170; am 9/29/2005, Register 175

Authority: AS 43.70.075

AS 43.70.090

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