Section 7 AAC 10.950 - Request for reconsideration of a variance request decision or revocation(a) If a variance request is denied or made subject to terms or conditions under 7 AAC 10.935(j) and (k) or if the oversight division revokes a variance under 7 AAC 10.945(b), the provider or applicant may submit a request for reconsideration under this section if the provider or applicant (1) believes that the department's determination was made in error;(2) believes there was an error in the information that the department relied on; or(3) has new or additional factual information that could change the department's determination.(b) A request for reconsideration be submitted within 30 days after the variance decision or the notice of revocation is issued. The request for reconsideration must include (1) the requester's name, mailing address, telephone number, and, if available, electronic mail address and facsimile number;(2) a clear description of the department's decision to be reviewed; and(3) a clear and concise statement of the reason for the request, including copies of any documents or other information that would assist the department in its review.(c) Within 30 days after receiving a request for reconsideration, the commissioner will review the request and will issue a decision in writing regarding whether to grant or deny reconsideration. If granting reconsideration, the commissioner will state in the decision that a barrier crime or condition does not exist or that the variance is granted, with or without terms and conditions. If denying reconsideration, the commissioner will state in the decision that (1) a barrier crime or condition still exists or the variance remains denied or subject to the same terms and conditions; and(2) the decision is a final agency decision subject to appeal to the superior court under the Alaska Rules of Appellate Procedure.(d) A copy of a decision on reconsideration under this section will be provided to the department office responsible for conducting background checks and to the oversight division.Eff. 2/9/2007, Register 181; am 6/29/2017,Register 222, July 2017As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 7 AAC 10.950.
Authority:AS 47.05.300
AS 47.05.310
AS 47.05.320
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AS 47.32.010
AS 47.32.030