2 AAC 35.100 - Filing of notice of appeal
(a) A person who
wishes to appeal a decision of the division under AS 39.35 shall file a notice
of appeal with the division within 30 days after the date that the person
receives notice of the decision.
(b) Repealed 7/20/2006.
(c) Repealed 7/20/2006.
(d) A person who fails to file a notice of
appeal within the time established by this section forfeits the right to
appeal, unless the person demonstrates to the satisfaction of the administrator
that there are extraordinary circumstances that prevented the person from
meeting the deadline. Extraordinary circumstances may include being adjudged as
incompetent or confined to a hospital, but do not include lack of information
or mere neglect.
(e) If a person
files an untimely notice of appeal, including a notice of appeal to the
commissioner of administration under
AS
39.35.522, without explanation of why the
filing is untimely, the division shall return the notice of appeal to the
person, and inform the person that the person may resubmit the notice with an
explanation of why it was not timely filed. If the person resubmits the notice
of appeal with an explanation or if the original untimely notice of appeal
contained an explanation of untimeliness, and the administrator in either
situation found that the explanation did not establish extraordinary
circumstances excusing the untimeliness under (d) of this section, the person
may file a new notice of appeal within 30 days of the date that the person
receives notice of the decision refusing to accept the untimely first
appeal.
Notes
Authority:AS 39.35.003
AS 39.35.522
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