Title 15 . Revenue

Chapter 150 . (Repealed)

Section 210. Appeal for reconsideration

15 AAC 150.210. Appeal for reconsideration

(a) Appeals permitted by the following sections are subject to the provisions of this section: 15 AAC 150.030, 15 AAC 151.920, 15 AAC 151.930, 15 AAC 152.900, 15 AAC 155.020, 15 AAC 155.030, and 15 AAC 155.560.

(b) An appeal under this section will be heard and decided by an appeals committee created pursuant to this section.

(c) The following persons may appeal the following decisions of the Corporation under this section:

(1) a decision by the Corporation relating to purchasing, participating in the purchase, making, or participating in the making of a mortgage loan may be appealed by the seller of the mortgage loan;

(2) a decision by the Corporation relating to the denial of approval for a housing project may be appealed by the seller sponsoring the project;

(3) a decision by the Corporation relating to the recertification of approval for a housing project may be appealed by the project homeowner association applying for recertification;

(4) a decision by the Corporation relating to a direct loan by the Corporation may be appealed by the borrower or his or her designee;

(5) a decision by the executive director under 15 AAC 150.030(d) relating to a municipality's construction code may be appealed by the municipality affected by the decision;

(6) a decision by the Corporation under 15 AAC 151.920 relating to a delegated underwriter application may be appealed by the applicant; and

(7) a decision by the Corporation under 15 AAC 155.020 or 15 AAC 155.030 relating to the energy efficiency standard that is subject to appeal under the terms of those sections may be appealed by the requester referred to in those sections.

(d) An appeals committee created under this section shall consist of:

(1) the executive director; however, if an appeal involves a decision made by the executive director himself or herself or by an individual acting as the executive director's designee, the executive director shall designate another person who was not directly involved in making the decision to serve on the appeals committee under this paragraph;

(2) a member of the board of directors designated by the chairperson;

(3) a member of the private lending community selected by the other two members of the appeals committee or a member of another appropriate professional community selected by the other two members of the appeals committee;

(4) in the case of an appeal from the denial of recertification of approval for a housing project, a member of the Community Association Institute selected by the Community Association Institute; however, if the Community Association Institute ceases to exist, the fourth member of the appeals committee will be a member of the condominium association community selected by the other three members of the appeals committee; and

(5) in the case of an appeal under 15 AAC 150.030(d) relating to a municipality's construction code, a municipal building official, other than a municipal building official of the affected municipality.

(e) In appointing the members of appeals committees under 15 AAC 150.210(d) , the executive director and the appointed board member or their designees may select different members of the private lending community or other professional organizations and different municipal building officials for different appeals. No member of the appeals committee may serve on an appeal in which he or she has a conflict of interest. The remaining members of the committee will determine whether a conflict of interest exists. If a conflict of interest is found, a new member of the committee will be selected as provided in 15 AAC 150.210(d) .

(f) If an appeals committee reaches a decision that is adverse to the appellant, the decision must:

(1) be in writing and dated;

(2) specifically set forth the reasons relied upon to reach the decision; and

(3) be mailed or delivered to the appellant.

(g) An appeal under this section must be in writing and dated, must be received by the Corporation within 10 working days after the date of the Corporation's decision being appealed, and must include at least the following information:

(1) the name, address, and telephone number of the appellant or appellant's designated representative;

(2) the signature of the appellant or appellant's designated representative;

(3) specific reasons supporting the appeal; and

(4) a detailed statement of the factual grounds of the appeal, including copies of relevant documentation.

(h) In the case of an appeal from a decision relating to the recertification of a housing project, the project homeowner association may make an oral presentation to the appeals committee. A request to make an oral presentation must be included in the written notice of appeal. The appeals committee will provide the Corporation's project reviewer an opportunity to attend the presentation and to address the committee.

(i) The appeals committee shall review the appeal and issue a written appeal decision within 15 calendar days after the Corporation's receipt of the notice of appeal. The decision shall:

(1) be signed by the executive director; and

(2) specifically set forth the reasons of the appeals committee for its decision.

(j) The Corporation will consider no further appeal from a decision of the appeals committee.

History: Eff. 5/7/93, Register 130; am 9/19/2001, Register 160

Authority: AS 18.56.088

Editor's note: Before Register 130, July, 1994, the substance of 15 AAC 150.210 was contained in former 15 AAC 118.272. The history note for 15 AAC 150.210 does not reflect the history of the section under its former number.