Section 4.40.030. Administrative review.

	(a)  No later than five working days after receipt of the notice required under 4 AAC 40.020(a), the commissioner will appoint a designee to review all issues set out in the notice of appeal.  
	(b)  The commissioner's designee's review of the decision may include whether  
		(1) the process was fair, including whether additional process or opportunity to present evidence to the initial decision maker is necessary to achieve a fair decision;  
		(2) the initial decision maker had expertise in the subject matter of the decision;  
		(3) the decision is internally consistent and rational;  
		(4) the decision is consistent with law;  
		(5) the decision contains errors; and  
		(6) substantial evidence supports the decision.  
	(c)  No later than 15 working days after appointment under (a) of this section, the commissioner's designee shall issue a written decision. The designee's supervisor may grant the designee a five-day extension. The designee may  
		(1) affirm the decision;  
		(2) remand the decision to the initial decision maker for amendment or for consideration of additional evidence or argument;  
		(3) amend the decision or issue a new decision if the designee has expertise in the subject matter; or  
		(4) amend the decision or issue a new decision if the amendment or new decision corrects an error that does not require special expertise or knowledge.  
	(d)  An initial decision maker shall issue a new decision after a remand from the commissioner's designee under (c) of this section no later than 15 days after the initial decision maker receives the remand. In the decision, the initial decision maker shall include a written description of the decisions maker's resolution of the issues on remand.  

Authorities

14.07.060;14.17.920

Notes

Reference

4 AAC 40.040

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