2 AAC 64.340 - Decisions

(a) Unless an administrative hearing is exempted by statute from the hearing procedures in AS 44.64.060, the administrative law judge assigned to hear a case shall issue a proposed decision as provided in AS 44.64.060(d) and (e). The office will distribute a copy of the proposed decision to the parties and final decision-maker.

(b) A party may request that the final decision-maker take an action listed in AS 44.64.060(e). The request must be filed within 10 days after distribution in a fast-track hearing and within 20 days after distribution in another administrative hearing. The request must state the basis for the action requested. A final decision-maker may not issue a final decision until the time allowed for a request under this subsection has expired, unless each of the parties has filed, or waived the right to file, a request.

(c) A final decision-maker shall transmit a final decision to the office and the office will distribute it to the parties, unless a statute requires differently. If a statute requires that a final decision-maker distribute the final decision to the parties, the final decision-maker must distribute it to the office at the same time.

(d) An administrative law judge may, by stipulation of the parties or upon a motion under 2 AAC 64.270, remand a matter to the agency whose decision is contested, unless otherwise required by statute. If the ability of the party who initiated the administrative hearing to pursue the administrative hearing following the action on remand is preserved, a proposed or final decision under this section or AS 44.64.060 need not accompany the remand order. If a remand order has the effect of concluding the administrative hearing, the requirements in AS 44.64.060 and this section for a proposed or final decision apply. Nothing in this subsection interferes with a statutory requirement for final decision-maker approval of a remand

Notes

2 AAC 64.340

Eff. 7/2/2006, Register 178

Authority:AS 44.64.020

AS 44.64.060

AS 44.64.090