8 AAC 85.154 - Appeal decisions
(a) After the hearing, the appeal referee
shall issue a written decision that states the findings of fact and the reasons
for the decision. The decision of the appeal referee shall
(1) affirm, reverse, or modify the
determination of the division; or
(2) remand the case to the division for
further investigation and a redetermination.
(b) If the appellant does not appear for the
hearing, the appeal referee may
(1) dismiss
the appeal without a hearing;
(2)
continue the hearing upon a finding of good cause outside of the control of the
appellant;
(3) decide the merits of
the appeal on the basis of the available information without a hearing;
or
(4) decide the merits of the
appeal after conducting a hearing with the participation of the parties who did
appear.
(c) The appeal
referee shall mail or deliver a copy of a decision issued under (a) or (b) of
this section to all interested parties. The decision must include or be
accompanied by a notice that states clearly the procedure and time period for
filing an appeal from the referee's decision.
(d) A party may file an appeal to the
department from a decision of an appeal referee, except for a referee decision
issued under (a)(2) of this section that only remands the case to the division
for further investigation and a redetermination. If the case is remanded, the
party may file an appeal to an appeal referee from the redetermination issued
by the division.
(e) The director
shall maintain electronic or paper copies of decisions of appeal referees. The
decisions are open for inspection by the public.
Notes
Authority:AS 23.20.045
AS 23.20.420
AS 23.20.430
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