17 AAC 81.020 - Appeals
(a) An aggrieved party, dissatisfied by the
benefits or relocation services offered by the department, may request in
writing that an administrative review officer be appointed, by the regional
director of the department's geographic region where the claim arose, to
reconsider the benefits or relocation services offered. An administrative
review officer may not have been involved in the matter for which review is
sought. An aggrieved party may be represented by counsel at the aggrieved
party's sole expense. A request for reconsideration must be submitted no more
than 60 days after the aggrieved party receives written notification of the
department's decision on the benefits or services offered. An administrative
review officer shall issue a written decision within 21 days after the regional
director receives a request for reconsideration of the benefits or services
offered.
(b) An aggrieved party may
appeal the administrative review officer's determination under (a) of this
section within 30 days after receiving the determination. An appeal must be in
writing and sent to the director of statewide design and engineering services.
The director of statewide design and engineering services shall impanel a
three-person relocation appeals board to conduct a hearing and provide the
aggrieved party the opportunity to be heard. A relocation appeals board's
membership consists of the director of statewide design and engineering
services, or a designee, and the department's regional directors, or their
designees, excluding the director of the region in which the appeal arose. The
relocation appeals board shall conduct the hearing in accordance with the
requirements of
17 AAC 85.040(d)
-(e).
(c) The relocation appeals
board shall issue its decision, in the form set out in
AS
44.62.510, no more than 15 days after the
close of the record of the appeal.
(d) A decision of a relocation appeals board
on the merits of an appeal under this section is the final decision of the
department. An aggrieved party may appeal a decision of a relocation appeals
board to the superior court in accordance with the Alaska Rules of Appellate
Procedure.
(e) Expenses incurred by
an aggrieved party under this section are the sole expense of the aggrieved
party.
(f) Initiating an appeal
does not invalidate relocation assistance payments for which an aggrieved party
is eligible under the department's initial determination.
(g) The department will, in its discretion,
waive the time requirements under (a) and (b) of this section upon a written
finding of hardship that the aggrieved party did not file because of
circumstances beyond the aggrieved party's control.
Notes
Authority:AS 34.60.140
AS 44.42.030
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