2 AAC 35.080 - Notice of appeal rights
(a) If a final
decision by the administrator is in whole or in part adverse to the person
seeking the decision, the division will include with that decision an outline
of the procedures necessary for filing an administrative appeal of the decision
and the notice of appeal form necessary to initiate the appeal. The outline or
notice will include a statement that the person, if filing an appeal, has a
right to counsel at the person's own expense in the appeal. A final decision of
the administrator includes a final determination of eligibility for benefits, a
reduction in benefits, or the denial of a review of a decision by a division
supervisor, but does not include a decision on a request for a waiver of an
adjustment made by the commissioner of administration under
AS
39.35.522.
(b) If a decision made by the commissioner of
administration under
AS
39.35.522 on a request for a waiver of an
adjustment is adverse in whole or in part to the person seeking the waiver, the
commissioner will notify the person that the person may appeal the decision to
the office of administrative hearings, and that a notice of appeal must be
filed with the commissioner within 30 days of the date that the person received
the notice of the commissioner's decision. The commissioner will send to the
division a copy of any notices of appeal that the commissioner receives under
this subsection, and the division will notify the person wishing to appeal if
the notice of appeal was timely. If the notice of appeal was not timely, the
process set out under
2 AAC 35.100(e) applies.
Notes
Even though 2 AAC 35.080 was repealed and readopted effective 9/27/96, it was not published until Register 150, July 1999.
Even though the 1998 amendment to 2 AAC 35.080 was effective 11/25/98, it was not published until Register 151, October 1999.
Authority:AS 39.35.003
AS 39.35.520
AS 39.35.522
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