13 AAC 95.350. Appeals procedures

(a) An applicant or grantee may appeal the following decisions under this section:

(1) a final decision regarding funding under 13 AAC 95.070(d) ;

(2) a decision to withhold a payment under 13 AAC 95.230(c) ;

(3) a decision of the council to require a refund of grant money under 13 AAC 95.260; and

(4) a decision to suspend or terminate a grant under 13 AAC 95.330.

(b) An applicant or grantee who wishes to appeal a decision must submit, within 15 days after receipt of notification of the decision, a written request for a hearing. The request must contain the reasons for the request and must cite the law, regulation, or council policy or procedure upon which the request is based.

(d) The appeals committee will be composed of the chair and two other council members chosen by council members at a meeting before the council's funding meeting.

(e) The appeals committee will review the request for a hearing, and, within 15 days after receipt of the request, will advise the appellant of acceptance or rejection of the request for hearing and, if the request is rejected, the reason for the rejection.

(f) If the request for a hearing is accepted, the appeals committee will request the governor to appoint a hearing officer and will schedule a hearing for the earliest practicable time, but not later than 20 days after the acceptance. The committee will, in the committee's discretion, arrange for the hearing to be held by teleconference network.

(g) The hearing officer shall submit a transcript of the hearing, any written testimony, and a written recommendation, to the appeals committee, which will make the final decision on the appeal.

History: Eff. 6/25/88, Register 106

Authority: AS 18.66.050

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