7 AAC 49.115 - Access to agency records

(a) After granting a request for a hearing under 7 AAC 49.080, the department will provide the recipient and the administrative law judge with a position statement. In the position statement the department will include a

(1) summary of the proposed action and the reasons for the proposed action;

(2) copy of each law the department is relying upon to support its proposed action; and

(3) copy of each document the department is relying upon to support its proposed action.

(b) The position statement and documents relied upon by the department constitute the official agency record for purposes of the hearing.

(c) Notwithstanding any other provision of law related to the release of records or access to records retained by the department, during a hearing under this chapter the recipient, the recipient's authorized representative, or a person who has been designated to assist the recipient may examine, at a reasonable time before the hearing, the recipient's case file. In this subsection, "recipient's case file" means the file that the department used when issuing notice to the recipient under 7 AAC 49.060.

(d) The recipient's authorized representative or person who has been designated to assist the recipient in the administrative process may examine the records under (a) and (c) of this section only after providing the department a release from the recipient that

(1) is in writing;

(2) clearly identifies the designated person; and

(3) clearly identifies where to send the information.

Notes

7 AAC 49.115

Eff. 4/4/2013, Register 206

Authority:AS 47.05.010

AS 47.25.180

AS 47.25.460