7 AAC 41.443 - Administrative hearing

(a) A provider who is not satisfied with a written determination under this chapter with regard to denying, suspending, or terminating the provider's ability to be a child care provider approved to participate or to the amount of payment received for services provided under the child care assistance program may request an administrative hearing under this section, except that the provider may not request an administrative hearing under this section regarding a determination under 7 AAC 41.423 of an intentional program violation.

(b) A request for an administrative hearing under this section must be submitted in writing no later than 30 days after the date of the department's original decision.

(c) A request for an administrative hearing under this section must

(1) describe the issue or decision being appealed;

(2) specify the basis upon which the decision is challenged;

(3) include all information and materials that the provider requests the department to consider in resolving the matter; and

(4) be submitted to the department at the address set out for requesting a hearing in the department's original decision.

(d) At any time during the hearing, the provider may be represented by an attorney or may be self-represented. A self-represented party may be assisted by a person who is not an attorney as provided in 2 AAC 64.160.

(e) Within 10 days after receipt of a timely request under this section, the department will either

(1) request that the chief administrative law judge appointed under AS 44.64.020 appoint an administrative law judge employed or retained by the office of administrative hearings to preside over a hearing requested under this section in accordance with AS 44.64.060 and 2 AAC 64; or

(2) deny the request in writing for reasons allowed by law, stating the reasons as required under AS 44.64,060(b) and 2 AAC 64,130, and forward notice of the denial to the party who requested the hearing and the office of administrative hearings.

(f) If a provider fails to submit a request under this section no later than 30 days after a department decision described in (b) of this section, the hearing request will be denied and the decision described in (b) of the section is the department's final administrative action.

(g) The provisions of this section do not apply to licensing-related actions conducted under AS 47.05, AS 47.32, or 7 AAC 10.

Notes

7 AAC 41.443

Eff. 1/5/2017, Register 221, April 2017

Authority:AS 47.25.001

AS 47.25.041