2 AAC 36.060 - Filing of notice of appeal
(a) A person who
wishes to appeal a decision of the division under AS 14.25 shall file a notice
of appeal with the division within 30 days of the date that the person receives
notice of the decision. If the person wishes to appeal a decision of the
commissioner of administration under
AS
14.25.175, the person must file a notice of
appeal with the commissioner within 30 days of the date that the person
receives notice of the decision. The commissioner of administration will send
to the division a copy of any notice of appeal that the commissioner receives
under this subsection, and the division will notify the person wishing to
appeal if the notice of appeal is untimely.
(b) Repealed 7/20/2006.
(c) Repealed 7/20/2006.
(d) A person who fails to file the 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. This subsection applies to untimely notices of appeals filed
with the commissioner of administration under (a) of this section as well as to
notices of appeal filed with the division.
(e) If a person files an untimely notice of
appeal, including a notice of appeal to the commissioner of administration
under AS
14.25.175, 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 14.25.003
AS 14.25.175
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