Title 20 . Miscellaneous Boards and Commissions

Chapter 40 . Mental Health Trust Authority

Section 910. Appeals

20 AAC 40.910. Appeals

(a) This section applies to an appeal of

(1) a decision on a protest under 20 AAC 40.900; and

(2) a decision of the board's executive committee on an application for an emergency grant under 20 AAC 40.260(h) (1).

(b) The authority must receive an appeal within 30 calendar days after

(1) the earliest date that the executive director or the director's designee mailed or delivered the decision being appealed to the appellant or the appellant's representative; or

(2) the date that is 15 calendar days after the protest was filed, if a decision on the protest was not mailed or delivered to the appellant or the appellant's representative by that date.

(c) An appeal must be in writing, must be signed by the appellant or the appellant's representative, and must include

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

(2) a copy of the decision being appealed;

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

(4) the address of the appellant or the appellant's representative to whom any notice or decision concerning the appeal is to be mailed or delivered;

(5) a reference, by grant or grant application number, if applicable, to any other affected grant or grant application; and

(6) if a material fact is disputed and a hearing is desired, a request for a hearing.

(d) The proper and timely filing of an appeal under this section stays the decision being appealed until the appeal is decided unless the board 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.

(e) The board will decide the appeal. The board may appoint a committee of the board or a review officer to assist the board with the appeal. A person appointed as a review officer may not have any prior direct involvement in the decision being appealed.

(f) A hearing on the appeal will be held if the board or, as applicable, the committee or review officer determines that material facts are in dispute. The board, committee, or review officer, as applicable, may

(1) with the agreement of the appellant, review the appellant's appeal on the basis of the written submissions of the appellant and the grant agency, without a hearing, even though material facts are in dispute;

(2) upon the agreement of the appellant, for good cause shown, or as is otherwise in the interest of the state, extend the time set for the hearing;

(3) arrange for the hearing to be held by teleconference.

(g) In a hearing under this section,

(1) as applicable, the board will or the committee or review officer shall,

(A) at least 20 calendar days before the hearing or such lesser time as agreed to by the board, committee, or review officer and the parties, provide to the appellant and the executive director written notice of the time and place for the hearing;

(B) upon the prior request of a person with a mental or physical disability who is either the appellant, the appellant's representative, or an interested person, provide reasonable accommodation for that person in procedures or facilities to permit the person to participate in the hearing;

(2) as applicable, the chair of the board or of the committee or the review officer shall regulate the order of testimony and presentation of the appeal;

(3) interested persons may attend, give testimony, or submit written statements;

(4) formal rules of evidence do not apply; however, testimony must be given under oath; and

(5) the hearing must be recorded and will be transcribed at the request and expense of the person requesting the transcript.

(h) The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the remedy requested.

(i) If a committee or review officer is appointed to assist the board under (e) of this section, the committee or review officer, as applicable, shall provide a written recommendation on the appeal to the board. The board may

(1) accept the recommendation of the committee or review officer;

(2) reject the recommendation of the committee or review officer and remand the recommendation back to the committee or review officer, as applicable, with instructions; or

(3) issue a written decision based on the appeal record.

(j) The authority will mail or deliver to the appellant or the appellant's representative a copy of any decision or order the board issues on the appeal.

(k) The decision of the board on the appeal is a final administrative decision of the authority that may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

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

Authority: AS 47.30.031

AS 47.30.051