Section 2.35.100. Filing of notice of appeal.

	(a)  A person who wishes to appeal a decision of the division under AS 39.35  shall file a notice of appeal with the division within 30 days after the date that the person receives notice of the decision.  
	(b)  Repealed 7/20/2006.  
	(c)  Repealed 7/20/2006.  
	(d)  A person who fails to file a notice of appeal within the time established by this section forfeits the right to appeal, unless the person demonstrates to the satisfaction of the administrator that there are extraordinary circumstances that prevented the person from meeting the deadline. Extraordinary circumstances may include being adjudged as incompetent or confined to a hospital, but do not include lack of information or mere neglect.  
	(e)  If a person files an untimely notice of appeal, including a notice of appeal to the commissioner of administration under AS 39.35.522, without explanation of why the filing is untimely, the division shall return the notice of appeal to the person, and inform the person that the person may resubmit the notice with an explanation of why it was not timely filed. If the person resubmits the notice of appeal with an explanation or if the original untimely notice of appeal contained an explanation of untimeliness, and the administrator in either situation found that the explanation did not establish extraordinary circumstances excusing the untimeliness under (d) of this section, the person may file a new notice of appeal within 30 days of the date that the person receives notice of the decision refusing to accept the untimely first appeal.  

Authorities

39.35.003;39.35.522

Notes

Reference

2 AAC 35.080
2 AAC 35.110
2 AAC 37.127

Authority

AS 39.35.003 AS 39.35.522

History

In effect before 10/21/83, Register 93; am 5/5/89, Register 111; am 1/7/2001, Register 159; am/readopt 7/20/2006, Register 179; am 1/13/2010, Register 193