8 AAC 55.030 - Appeals

(a) The administrator shall send to the council for review a claim for benefits that the administrator has denied under 8 AAC 55.020(c).

(b) If the administrator has denied a fisherman's claim under 8 AAC 55.020(c), the administrator shall send a written notification of the time and place of the council's review to the fisherman, so that the fisherman receives the notification no later than 10 days before the date of the council's review. A fisherman may submit additional evidence and witnesses to the council in support of the fisherman's claim. The evidence may be presented in writing, by personal appearance, or by both methods.

(c) The administrator shall notify, in writing, a fisherman with a claim before the council, the vessel owner, and each provider of the council's decision.

(d) A fisherman may appeal the decision of the council. The council's decision is final unless appealed to the commissioner no later than 30 days after mailing of the notice of the council's decision. The appeal must be in writing and must include a description of the relief sought. The commissioner's decision will be based on a consideration of the whole record and will state the facts relied on. The decision of the commissioner may be appealed as provided under AS 44.62 (Administrative Procedure Act).

Notes

8 AAC 55.030

Eff. 3/28/74, Register 49; am 4/11/81, Register 78; am 9/10/98, Register 147; am 7/13/2012, Register 203

Authority:AS 23.35.040

AS 23.35.050