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(a) To be timely filed, an appeal or request for reconsideration must be received by the commissioner's office within 20 calendar days after issuance of the decision, as determined under (c) or (d) of this section, unless another period is set by statute, regulation, or existing contract. If the 20th day falls on a day when the department is officially closed, the appeal or request for reconsideration must be filed by the next working day.
(b) An appeal or request for reconsideration will not be accepted if it is not timely filed.
(c) If the appellant is a person to whom the department delivers a decision by personal service or by certified mail, return receipt requested, issuance occurs when the addressee or the addressee's agent signs for the decision. If the addressee or the addressee's agent neglects or refuses to sign for the certified mail, or if the address that the addressee provided to the department is not correct, issuance by certified mail occurs when the decision is deposited in a United States general or branch post office, enclosed in a postage-paid wrapper or envelope, addressed to the person's current address of record with the department, or to the address specified by the appellant under 11 AAC 02.030(a) (11).
(d) If the appellant is a person to whom the department did not deliver a decision by personal service or certified mail, issuance occurs
(1) when the department gives public notice of the decision; or
(2) if no public notice is given, when the decision is signed; however, the department may state in the decision a later date of issuance and the corresponding due date for any appeal or request for reconsideration.
(e) The date of issuance constitutes delivery or mailing for purposes of a reconsideration request under AS 44.37.011 (d) or AS 44.62.540 (a).
History: Eff. 11/7/90, Register 116; am 9/19/2001, Register 159
Authority: AS 03.05.010
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Last modified 7/05/2006