18 AAC 15.300. Final decision

(a) The hearing officer will send a copy of the decision with the findings of fact and conclusions of law to the parties as soon as practicable after notice of certification of the record under 18 AAC 15.280 or after submittal of briefs ordered under 18 AAC 15.270(h) , whichever occurs later.

(b) A decision under this section will be issued

(1) as a final decision if the commissioner is the hearing officer or if the commissioner instructs a hearing officer designated under 18 AAC 15.235(a) (1)(B(i) to prepare and issue a final decision; or

(2) as a recommended decision; within 15 days after issuance of a recommended decision a party may submit briefing to the commissioner as to whether the commissioner should adopt the recommended decision; the commissioner will issue a final agency decision as soon as practicable after expiration of the time to submit briefing concerning a recommended decision under this paragraph.

(c) Unless the final decision involves a remand to department staff, a final decision issued under (b) of this section is a final agency decision for purposes of appeal as provided in AS 44.62.560 - 44.62.570 and shall be issued with a statement that it is a final agency decision and that an aggrieved party, including the department, has 30 days to appeal to the superior court.

History: Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

Authority: AS 46.03.020

AS 46.35.090 (e)

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