Section 2.36.060. Filing of notice of appeal.

	(a)  A person who wishes to appeal a decision of the division under AS 14.25  shall file a notice of appeal with the division within 30 days of the date that the person receives notice of the decision. If the person wishes to appeal a decision of the commissioner of administration under AS 14.25.175, the person must file a notice of appeal with the commissioner within 30 days of the date that the person receives notice of the decision. The commissioner of administration will send to the division a copy of any notice of appeal that the commissioner receives under this subsection, and the division will notify the person wishing to appeal if the notice of appeal is untimely.  
	(b)  Repealed 7/20/2006.  
	(c)  Repealed 7/20/2006.  
	(d)  A person who fails to file the 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. This subsection applies to untimely notices of appeals filed with the commissioner of administration under (a) of this section as well as to notices of appeal filed with the division.  
	(e)  If a person files an untimely notice of appeal, including a notice of appeal to the commissioner of administration under AS 14.25.175, 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

14.25.003;14.25.175

Notes

Reference

2 AAC 36.070

Authority

AS 14.25.003 AS 14.25.175

History

In effect before 10/21/83, Register 93; am 5/3/89, Register 111; am 1/7/2001, Register 159; am/readopt 7/20/2006, Register 179