Section 7 AAC 26.960 - Appeals procedures(a) An applicant or certificate holder may appeal to the commissioner a determination by the department to revoke, suspend, or deny certification or recertification by requesting, in writing, an administrative hearing. To be timely, a request must be received within 15 days after the issuance of the notice of revocation, suspension, or denial of certification or recertification.(b) Upon receipt of the request for appeal, a hearing will be scheduled to be held within 30 days after receipt of the request. Notice of the date, time, and place of the hearing will be sent to the applicant or certificate holder, and to that person's attorney or representative, if any, within 10 days after the receipt of the request. At this time, the commissioner may designate a department employee who was not involved in the original agency determination to make the final agency determination.(c) A decision by the department to refuse to certify or a decision by the department to refuse to grant reciprocity under 7 AAC 26.150 remains in effect throughout the administrative appeal process.(d) A certificate holder whose certificate is subject to suspension or revocation may seek a temporary stay of the department's determination pending the outcome of the hearing under this section by filing a written request to the commissioner with a sworn affidavit setting out the reasons for seeking the stay. A stay will be granted only if the commissioner determines that the public safety will be reasonably protected. As necessary to assure the protection of the public safety, the commissioner will impose conditions on the certificate holder for the term of the stay.(e) A certificate holder whose certificate is subject to immediate suspension under 7 AAC 26.955(e) or who has been denied a request for a temporary stay under (d) of this section may seek expedited review of the department's determination by filing a timely request for an expedited review with the commissioner. To be timely, the request must be received within 15 days after the department's action. The commissioner or the commissioner's designee will receive written evidence and schedule a telephonic or in-person hearing on the sole issue of whether a temporary stay may be granted pending an appeal. The commissioner or the commissioner's designee will deny the request for a temporary stay upon expedited review if that person determines, by a preponderance of evidence, that the denial of a temporary stay is necessary to assure the protection of the public.(f) The commissioner may designate a hearing officer from the staff of the division of public health within the department to perform a hearing under this section. The hearing officer may not be a person who was involved in the original agency determination. The commissioner or the commissioner's designee will, or the hearing officer shall, accept written argument and documentary evidence from the applicant or certificate holder and the department staff. As necessary to provide an opportunity to present and cross examine witnesses, the commissioner or commissioner's designee will, or the hearing officer shall, hold an oral hearing. A party may not request an oral hearing to address only a question of law. The applicant or certificate holder may be represented at the hearing by an attorney or other representative.(g) The rules of evidence contained in AS 44.62.460 - AS 44.62.480 (Administrative Procedure Act) will be used for hearings under this section.(h) The commissioner or commissioner's designee will issue a decision, or, if a hearing officer conducts the hearing, the hearing officer shall issue a recommended decision, within 10 working days after the written and testimonial records are closed, unless the commissioner or the commissioner's designee extends the period to address unusually complex questions of fact or law, or to allow post-hearing briefs or the presentation of newly discovered evidence not previously discoverable. If a hearing officer conducts the hearing, the commissioner or the commissioner's designee will adopt, modify, or remand the recommended decision within 10 working days after receiving it from the hearing officer. An adopted or modified decision becomes final and takes effect 15 days after issuance by the commissioner or the commissioner's designee and constitutes final agency action for the purposes of judicial review.(i) The commissioner or the commissioner's designee may order a reconsideration of a decision on that person's own motion or on petition of a party. To be considered, a petition for reconsideration must be filed with the department within 15 days after issuance of the decision. The commissioner or commissioner's designee will not order reconsideration more than 30 days after the issuance of a decision. If action is not taken on a petition within the time allowed for ordering reconsideration, the petition is considered denied.Eff. 6/23/2001, Register 158; am 12/26/2014, Register 212, January 2015Authority:AS 18.08.080
AS 18.08.082
AS 18.08.084