Section 4.40.020. Notice of appeal.

	(a)  A district or other applicant that is aggrieved by an appealable action of the department regarding a payment or award of money as described in 4 AAC 40.010 may file a notice of appeal with the commissioner by registered mail or by electronic submission on a form provided by the department. The notice of appeal must be postmarked or received by electronic submission no later than 30 calendar days after receipt of notice of the final action being appealed.  
	(b)  The notice of appeal must contain  
		(1) a copy of the written action being appealed;  
		(2) an itemized listing of each alleged violation of statute or regulation upon which the appeal is based;  
		(3) a statement of the facts supporting each alleged violation of statute or regulation; and  
		(4) the specific relief sought.  
	(c)  the notice of appeal must be signed  
		(1) by the superintendent, if the appeal is filed by a district; or  
		(2) by the chairman or presiding officer of the board, committee, or organization making application, if the appeal is filed by an applicant other than a district.  
	(d)  Failure to raise an issue in the notice of appeal waives the issue in the subsequent proceedings under this chapter.  
	(e)  In this section, "appealable action of the department" means a final decision  
		(1) made by an employee of the department who is not the commissioner; and  
		(2) denying a request for, or withholding, money appropriate to the department under AS 14  or AS 44.27,  for payment to school districts or other applicants.  

Authorities

14.07.060;14.17.920

Notes

Reference

4 AAC 31.062
4 AAC 40.030

Authority

AS 14.07.060 AS 14.17.920

History

Eff. 10/16/81, Register 80; am 2/11/89, Register 109; am 11/10/2002, Register 164; am 12/29/2010, Register 196