Section 22.30.060. Review of denial.

	(a)  An applicant whose application for provider approval was denied under 22 AAC 30.050 may request review of the denial by filing a request with the commissioner within 30 days after the date of the department's notification of denial under 22 AAC 30.050(b). The request for review must contain a statement of why the department's decision should be changed and must indicate which department findings the applicant believes are in error.  
	(b)  If the commissioner determines that the request for review demonstrates a genuine issue in contention, the commissioner will grant an administrative review. The commissioner's denial of a request for review is a final administrative decision for purposes of appeal to the superior court under the Alaska Rules of Appellate Procedure.  
	(c)  If the request for review is granted, the commissioner will appoint a review officer to conduct the review. If the commissioner appoints a department employee as the review officer, the employee will not be a person who participated in the decision to deny the application.  
	(d)  In conducting the review, the review officer may  
		(1) request additional information from the applicant if the review officer considers the information to be necessary to the review; and  
		(2) conduct an additional investigation if the review officer believes that the information to be obtained from the additional investigation is necessary to the review.  
	(e)  All information resulting from the review officer's review will be retained in the applicant's file.  
	(f)  Upon completion of the review, the review officer shall prepare a written report that summarizes the case and recommends a decision, and shall submit the report and the applicant's file to the commissioner. The commissioner will review the report and will issue a written decision that sets out the reasons for accepting or rejecting the review officer's recommendation. The review officer's report and a copy of the commissioner's decision will be retained in the applicant's file. The commissioner's decision is a final administrative decision for purposes of appeal to the superior court under the Alaska Rules of Appellate Procedure.  
	(g)  In a review under this section, the burden of proof is on the applicant to establish by a preponderance of the evidence that the applicant meets the department's requirements for provider approval under this chapter.  

Authorities

33.30.011;33.30.021;44.28.030

Notes

Reference

22 AAC 30.050
22 AAC 30.080
22 AAC 30.110

Authority

AS 33.30.011 AS 33.30.021 AS 44.28.030

History

Eff. 11/2/2002, Register 164