18 AAC 15.185 - Informal review

(a) The informal review process allows the requester to address. with the department division that issued a contested decision, concerns over the decision without entering into a formal adjudicatory hearing process. An informal review request is not required before making a request for an adjudicatory hearing. A person authorized under a provision of this title to request an informal review under this section, or a person authorized to request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340, may request an informal agency review by the director of the department division that issued the contested decision. As provided in 18 AAC 15.200(e), proceedings on a request for adjudicatory hearing do not begin until after the proceedings on a request for informal review, if requested. of the contested decision are completed . A request for informal review must be made not later than 20 days after issuance of the department's decision reviewable under this section. The request may be made by mail, electronic mail, or facsimile, and must include

(1) the information required under 18 AAC 15.200(c) and (d); and

(2) subject to the restrictions of 18 AAC 15.245, copies of any documents or data that would assist the director in concluding the informal review.

(b) Not later than seven days after receipt of a request for review, the director will decide if the request merits informal review. If the director decides that the request does not merit informal review, the director shall inform the requester in writing of this decision and include the reasons for the decision. The director's informal review decision is not itself subject to appeal, but the requester may seek a formal adjudicatory hearing on the underlying contested decision under 18 AAC 15.200 or AS 44.62, if either of those options is available to the requester. In the denial, the director shall include !! statement informing the requester if either of those options is available to the requester.

(c) If informal review is granted, the director may request additional information from the requester. Additional information requested as part of the informal review process does not become part of the agency decision record under 18 AAC 15.237, unless previously and timely submitted to the division during its review before issuance of the contested decision. The director shall issue a final decision not later than 20 days after receipt of the request for informal review or receipt of additional information requested, whichever is later. The director's informal review decision itself is not subject to an appeal. Rather, the director shall advise the requester and all other parties of the appropriate appeal procedure described in (d) of this section based on the director's final decision after granting informal review.

(d) In making a final decision after granting informal review, the director may

(1) affirm the contested decision; the director shall advise the requester and all other parties of the right to seek, not later than 30 days after issuance of the director's decision affirming the contested decision, an adjudicatory hearing under 18 AAC 15.200 or AS 44.62, if either of those options is available to the requester or other parties;

(2) remand the entire decision to the division staff for action in accordance with the director's decision; the director shall advise the requester and all other parties of the right to seek an informal review or an adjudicatory hearing under 18 AAC 15.200 or AS 44.62 if either of those options is available to the requester or other parties not later than 30 days after the division staff issues a final decision on remand; or

(3) change the contested decision as follows:

(A) if the change is minor the director shall advise the requester and all other parties of the right to seek an adjudicatory hearing under 18 AAC 15.200 or AS 44.62 on the contested decision as revised by the director, if either of those options is available to the requester or other parties not later than 30 days after issuance of the director's revised decision;

(B) if the change is substantive the director shall direct the division staff to re-notice the contested decision; once finalized and issued, the revised decision is subject to informal review in accordance with this section or to a request for an adjudicatory hearing under 18 AAC 15.200 or AS 44.62, if either of those options is available to the requester or other parties not later than 30 days after issuance of the revised decision.

(e) With the consent of the parties or good cause shown, the director may shorten or extend a deadline established in (b) or ( c) of this section.

Notes

18 AAC 15.185

Eff. 7/11/2002, Register 163; am 11/5/2017,Register 224, January 2018

As of Register 204 (January 2013), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 18 AAC 15.185(c).

Authority: AS 46.03.020

AS 46.03.100

AS 46.03.110

AS 46.03.320

AS 46.03.330

AS 46.03.720

AS 46.03.730

AS 46.03.880

AS 46.04.030

AS 46.04.890

AS 46.14.120

AS 46.14.150

AS 46.14.200