7 AAC 10.927 - Request for a redetermination

(a) If the department makes a determination under 7 AAC 10.915(d) or (e) that a barrier crime or condition exists, or if the department revokes an applicant's background check under 7 AAC 10.945(a), the applicant who was the subject of the background check may submit a request for a redetermination under this section if the applicant

(1) believes that the department's determination was made in error;

(2) believes there was an error in the information that the department relied on; or

(3) has new or additional factual information that could change the department's determination.

(b) A request for a redetermination must be submitted within 90 days after the department issues its determination. The request for a redetermination must include

(1) the requester's name, mailing address, telephone number, and, if available, electronic mail address and facsimile number;

(2) a clear description of the department's determination to be reviewed; and

(3) a clear and concise statement of the reason for the request, including copies of any documents or other information that would assist the department in its review.

(c) Within 30 days after receiving a request for a redetermination, the department will review the request and issue a decision regarding whether to grant or deny a redetermination. If the department denies a redetermination, the department will inform the requester in the notice of decision that a barrier crime or condition exists and that

(1) if the applicant for whom a barrier crime or condition exists is willing to disclose the barrier crime or condition to the provider, the provider may, if allowed under 7 AAC 10.930, request a variance under 7 AAC 10.935, within 90 days after the notice of decision is issued under this subsection; or

(2) if the notice of decision under this subsection is issued to an applicant described in 7 AAC I 0.902, the applicant may, if allowed under 7 AAC I 0.930, request a variance under 7 AAC 10.935 within 90 days after the notice of decision is issued under this subsection.

(d) Unless the department grants a variance under 7 AAC 10.935, the decision issued under (c) of this section is a final agency decision and may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

Notes

7 AAC 10.927

Eff. 2/9/2007, Register 1816/29/2017,Register 222, July 2017

Authority:AS 47.05.300

AS 47.05.310

AS 47.05.320

AS 47.05.330

AS 47.05.340

AS 47.32.010

AS 47.32.030