2 AAC 40.120 - Procedures for disqualification
(a) If the
administrator determines that a recipient should be disqualified, the
administrator will notify the recipient by certified mail of the reason for and
effective date and duration of the proposed disqualification. The notice will
set out the following procedure:
(1) a
recipient has 30 days after the date of the notice to submit written evidence
challenging the disqualification;
(2) a proposed disqualification is effective
on the date stated in the notice if evidence is not received within 30 days
after the date of the notice; and
(3) a recipient is entitled to a hearing on
the disqualification only if evidence is submitted under (1) of this
subsection.
(b) If a
recipient fails to submit evidence in compliance with (a) of this section, the
administrator will notify the recipient by certified mail of
(1) actions necessary for requalification;
and
(2) the recipient's right to
appeal the administrator's decision to the superior court within 30 days after
the notice.
(c) The
administrator will review evidence submitted and notify a recipient within 15
days by certified mail
(1) that the recipient
is not disqualified and will receive bonus payments that were withheld but to
which the recipient is entitled; or
(2) that the recipient is disqualified and
may request an administrative hearing on the disqualification.
(d) A recipient who is entitled to
an administrative hearing will be granted a hearing only if he or she submits a
written request for a hearing to the administrator within 30 days after the
notice under (c) of this section or extensions allowed by
2 AAC 40.145(a).
(e) If a recipient fails to request a hearing
in compliance with (d) of this section, the administrator will notify the
recipient by certified mail of
(1) actions
necessary for requalification; and
(2) the recipient's right to appeal the
administrator's decision to the superior court within 30 days after the
notice.
Notes
Authority:AS 47.45.040
AS 47.45.050
AS 47.45.060
AS 47.45.100(1)
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