8 AAC 81.050 - Reconsideration of denials of applications

(a) No later than 10 working days after the date of the notice, a career and technical school program that receives a notice of denial of an application from the department may file a written request for reconsideration under this section to the commissioner. The request must address the reasons that the department did not approve the application.

(b) No later than 15 working days after receiving a request for reconsideration, the commissioner will issue a written decision on the request. The commissioner will reconsider the application if the person requesting reconsideration demonstrates one or more of the following to the commissioner's satisfaction:

(1) that there has been a substantial change in the conditions upon which the denial was based;

(2) that the person requesting reconsideration has relevant information that was not available when the denial was made;

(3) that the denial contains a technical, legal or administrative error or misinterpretation of data, the correction of which might result in a different decision.

(c) If the commissioner does not issue a written decision on or before the 15th working day after receiving a request for reconsideration, the request is considered denied.

(d) The commissioner's decision on a request for reconsideration constitutes the final decision of the department. The commissioner's decision is subject to judicial review in accordance with Rule 602 of the Alaska Rules of Appellate Procedure.

(e) If a person does not file a timely request for reconsideration, the department's decision constitutes the final determination of the department.

Notes

8 AAC 81.050

Eff. 1/1/2011, Register 196

Authority:AS 18.43.830