Title 20 . Miscellaneous Boards and Commissions

Chapter 15 . Mental Health Trust Authority

Section 915. Complaints and appeals

20 AAC 15.915. Complaints and appeals

(a) Except as provided in AS 44.64.030 , a complaint or an appeal of a decision of or the program administration by the commission staff is governed by this section.

(b) The commission staff must answer a written complaint regarding a decision of or the program administration by the commission staff within 30 days after the commission's receipt. The commission staff shall keep a copy of the complaint and response in a complaint file. At each quarterly commission meeting, the commission staff shall provide the commission with a synopsis of the written complaints received during the preceding quarter and the action taken on the complaints.

(c) A response under (b) of this section may be appealed in writing to the executive director of the commission. The appeal must be postmarked within 40 days after the date of the response, must clearly state all objections to that response, and must set out any justification for the requested result. The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the requested result under the statutes and regulations governing the Alaska education loan programs. The executive director shall make a written decision on the appeal, including findings of fact and conclusions of law, as soon as possible after the receipt of the appeal. The executive director may contact the appellant to clarify the appeal or obtain additional information. Except as provided in (d) of this section, the decision of the executive director constitutes final agency action.

(d) Within 30 days after the mailing or distribution of the executive director's decision, the appellant may appeal to the commission a decision that denies loan eligibility under an Alaska education loan program. The appeal must clearly state all objections to that decision, and must set out any justification for the requested result. The appeal will be determined by the commission at its next quarterly meeting. The commission will review the materials reviewed by the executive director, the executive director's decision, the appeal, and any response by the executive director. The commission may allow the appellant and the commission's staff to make brief presentations at its meeting. The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the loan under the statutes and regulations governing the Alaska education loan programs. The executive director shall notify the appellant of the commission's decision, including findings of fact and conclusions of law. That notification constitutes final agency action.

(e) A request for a hearing on the commission's authority to seize a defaulted borrower's permanent fund dividend shall be accompanied by a $25 fee to cover costs of retrieval and duplication of the borrower's file, mailing of duplicated documents, and research of the borrower's payment history. This fee shall be waived if a borrower documents that the borrower's total income from all sources falls below the federal poverty guidelines for the borrower's family size. To request a waiver of fee under this subsection, the borrower must submit a request on a form or in a format provided by the commission and include with the request a copy of the borrower's federal income tax return for the past year. The commission will refund a fee paid under this subsection within 30 days of receipt of a decision by a court or administrative agency that the seizure was not allowed under AS 14.43.145 (a)(2) and 20 AAC 15.970(e) (3). In this subsection, "federal poverty guidelines" means the United States Department of Health and Human Services for Alaska established in 67 Fed. Reg. 6931 - 6933, and revised as of February 14, 2002, and adopted by reference.

History: Eff. 6/23/95, Register 134; am 1/30/2003, Register 165; am 12/31/2005, Register 176

Authority: AS 14.43.100

AS 14.43.105

AS 14.43.320

AS 14.43.630

Editor's note: As of Register 160 (January 2002), the regulations attorney made technical revisions under AS 44.62.125 (b)(6), and in accordance with ch. 85, sec. 45, SLA 2001, to change "student loan" to "education loan" in 20 AAC 15.915(c) and (d).

A copy of the "federal poverty guidelines" adopted by reference in 20 AAC 15.915 may be obtained from the Alaska Commission on Postsecondary Education, 3030 Vintage Blvd., Juneau, Alaska 99801-7109.