Title 20 . Miscellaneous Boards and Commissions

Chapter 40 . Mental Health Trust Authority

Section 900. Grant protest procedures

20 AAC 40.900. Grant protest procedures

(a) A person may seek review of a decision described in 20 AAC 40.415 only by filing a protest with the executive director under this section. In order to be considered under this section, a protest must assert that the decision being protested was

(1) based on a material error of fact by the authority;

(2) made by the authority without following applicable procedures; or

(3) made by the authority contrary to applicable

(A) statutes or regulations;

(B) terms of a specific grant; or

(C) authority policy or procedure.

(b) The executive director must receive a protest within 30 calendar days after

(1) the earliest date that the authority mailed or delivered the decision being protested to the protester; or

(2) the date that the authority conveyed the decision to the protester if the authority did not put the decision in writing.

(c) A protest is not effective unless it is submitted in writing, is signed by the protester or the protester's representative, and includes

(1) a reference to any grant or grant application number under which the decision was made;

(2) a copy of the decision being protested, if written, or, if either the decision was not written or a copy of the decision is not available to the protester, a summary description of the decision;

(3) a detailed statement of the factual and legal basis of the protest, as applicable, including a statement of the facts alleged to be in dispute and a copy of any relevant documents, and a statement of the remedy requested;

(4) citation to the statute, regulation, terms of the grant, or authority policy or procedure upon which the protest is based;

(5) the address of the protester or the protester's representative to whom any notice or decision concerning the protest is to be mailed or delivered; and

(6) a reference, by grant or grant application number, if applicable, to any other affected grant or application.

(d) The executive director may reject a protest that does not satisfy the requirements of (a) of this section. If the executive director rejects a protest under this subsection, the executive director shall inform the protestor of the reason for the rejection in writing.

(e) The proper and timely filing of a protest under this section stays the decision being protested until the protest is decided unless the executive director determines in writing that it is contrary to the best interest of the authority or the trust to stay the decision beyond the date of that determination or another stated date.

(f) The executive director shall mail or deliver a written decision on the protest to the protester or the protester's representative within 15 calendar days after the protest is filed unless the protester agrees, in writing, to a longer period. If the executive director does not mail or deliver a decision to the protester or the protester's representative within 15 calendar days, the protest is denied.

(g) The executive director may delegate the functions of the executive director under this section to another employee of the authority who was not involved in the decision being protested. If the decision being protested was made by the executive director, the chair of the board, or another board member designated by the board chair, shall exercise the functions of the executive director under this section.

(h) The protester may appeal an adverse decision on the protest in accordance with 20 AAC 40.910. A decision subject to this section but not timely protested in accordance with this section is not subject to appeal under 20 AAC 40.910.

History: Eff. 10/24/2004, Register 172

Authority: AS 47.30.031

AS 47.30.051