18 AAC 15.185. Informal review

(a) A person authorized by a provision of this title to request an informal review under this section, or a person authorized to request an adjudicatory hearing under 18 15.195 - 18 AAC 15.340, may request an informal agency review by the director of the department division that issued the contested decision. As provided in 18 AAC 15.200(e) , a request for informal review stays proceedings on a request for an adjudicatory hearing. A request for informal review must be made within 15 days after receiving the department's decision reviewable under this section. The request may be made by mail, electronic mail, or facsimile, and must include

(1) the requestor's name, mailing address, and telephone number;

(2) an identification of the department's decision to be reviewed; and

(3) a clear and concise statement of the reason for the request, including

(A) a statement of the nature and scope of the requestor's interests, and an explanation of how and to what extent those interests would be directly and adversely affected by the decision;

(B) the contested terms and conditions of the department's decision, and proposed alternatives; and

(b) The director of the department division that issued the contested decision may designate a person to conduct the informal review, other than the person who issued the contested decision. Within seven days after receipt of a request for review, the director or designee will decide if the request merits informal review. If the director or designee decides that the request does not merit informal review, the director or designee shall inform the requestor in writing of this decision and include the reasons for the decision. In the denial, the director or designee shall include the statement that the requestor may seek a formal adjudicatory hearing under 18 AAC 15.200 or AS 44.62, if either of those options is available to the requestor.

(c) If informal review is granted, the director or designee may request additional information from the requestor. The director or designee shall issue a final decision within 15 days after receipt of the request for informal review or receipt of additional information requested, whichever is later. The director or designee shall also advise the requestor and all other parties of the right to seek an adjudicatory hearing 18 AAC 15.200 or AS 44.62, if either of those options is available to the requestor or other parties.

(d) A person authorized to seek an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 or AS 44.62 may submit a hearing request within 30 days after a decision is made under (b) or (c) of this section and that decision is served on the requestor.

History: Eff. 7/11/2002, Register 163

Authority: AS 46.03.020

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