An applicant whose application for
provider approval was denied under
22 AAC 30.050
may request review
of the denial by filing a request with the commissioner within 30 days after
the date of the department's notification of denial under
22 AAC 30.050(b)
The request for review must contain a statement of why the department's
decision should be changed and must indicate which department findings the
applicant believes are in error.
(b) If the commissioner determines that the
request for review demonstrates a genuine issue in contention, the commissioner
will grant an administrative review. The commissioner's denial of a request for
review is a final administrative decision for purposes of appeal to the
superior court under the Alaska Rules of Appellate Procedure.
(c) If the request for review is granted, the
commissioner will appoint a review officer to conduct the review. If the
commissioner appoints a department employee as the review officer, the employee
will not be a person who participated in the decision to deny the
In conducting the
review, the review officer may
additional information from the applicant if the review officer considers the
information to be necessary to the review; and
(2) conduct an additional investigation if
the review officer believes that the information to be obtained from the
additional investigation is necessary to the review.
(e) All information resulting from the review
officer's review will be retained in the applicant's file.
(f) Upon completion of the review, the review
officer shall prepare a written report that summarizes the case and recommends
a decision, and shall submit the report and the applicant's file to the
commissioner. The commissioner will review the report and will issue a written
decision that sets out the reasons for accepting or rejecting the review
officer's recommendation. The review officer's report and a copy of the
commissioner's decision will be retained in the applicant's file. The
commissioner's decision is a final administrative decision for purposes of
appeal to the superior court under the Alaska Rules of Appellate
(g) In a review under
this section, the burden of proof is on the applicant to establish by a
preponderance of the evidence that the applicant meets the department's
requirements for provider approval under this chapter.