7 AAC 49.030 - Request for hearing
(a) Unless otherwise provided in federal law,
a request for a hearing within the scope of
7
AAC 49.020 must be made to the department in writing
by a recipient, or by a legal representative acting on the recipient's behalf,
not later than 30 days after the date of the notice required under
7
AAC 49.060. A hearing request may be accepted after
the time limit under this section only if the administrative law judge finds,
based on the evidence submitted, that the request for a hearing could not be
filed within the time limit.
(b)
Unless the request is denied under
7
AAC 49.080, the department will refer the matter to
the office of administrative hearings (AS
44.64.010) as provided under
AS
44.64.060 and
2
AAC 64.120.
(c) Other than a care coordinator, a service
provider may not request a hearing for a recipient if it concerns services by
that provider or if the outcome of the hearing affects the level of paid
services to that provider.
Notes
Authority:AS 47.05.010
AS 47.25.180
AS 47.25.460
AS 47.27.080
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