117-15        APPEAL TO THE DIRECTOR

 

117-15 A.   CLIENT'S REQUEST FOR APPEAL TO THE DIRECTOR

 

Clients may file an appeal to the Division Director if they are dissatisfied for any reason with the hearing authority’s decision. The appeal must be filed within 15 days of the date the fair hearing decision is received by the client.

 

117-15 B.   THE APPEAL DECISION

 

The Director must review the hearing record, the hearing authority's decision, and applicable laws, regulations and policies to make a decision on the appeal.  The notice of the appeal decision must be sent to the client within 30 days after receipt of the appeal request.  The Director's decision constitutes the final administrative action taken by the agency.  If a client wishes to contest a Director's decision, he or she may file a civil suit with the Alaska court system.

 

117-15 C.   DISTRIBUTION OF THE DIRECTOR'S DECISION

 

Copies of the Director's appeal decision are sent to all parties involved in the hearing and all staff who received a copy of the hearing authority’s decision.  The case file copy is forwarded to the district office supervisor for necessary action and filing in the case file. If the hearing is related to an overpayment claim, a copy of the Director’s appeal decision is sent to the Claims Unit in Juneau.

 

117-15 D.   DISTRICT OFFICE ACTION REQUIRED BY THE DIRECTOR'S APPEAL DECISION

 

If the Director rescinds or changes the actions ordered by the hearing authority, the district office supervisor must ensure that the changes are made immediately following the receipt of the decision, and inform the Director in writing that the action has been completed.

 

Appeal decisions by the Director apply only to the case that was the subject of the fair hearing.  If an appeal decision is determined to apply to other cases, appropriate changes in those other cases will be ordered by the Director through program manual changes. Changes to similarly situated cases will be made only after the issuance of a generally distributed program policy change.

 

 

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