Section 7.54.500. First-level review.

	(a)  A foster parent, a prospective adoptive parent or guardian, or an adoptive parent or legal guardian who is not satisfied with the department's decision to deny, suspend, reduce, change, or terminate a foster care payment, an adoption subsidy payment, or a guardianship subsidy payment may request  
		(1) a first-level review under this section; or  
		(2) an evidentiary hearing under 7 AAC 54.510.  
	(b)  To seek a review under this section, a foster parent, a prospective adoptive parent or guardian, or an adoptive parent or legal guardian must, no later than 30 days after the date of the department's decision, request a review. The request may be made by telephone, by electronic mail, by facsimile transmission, or in writing to the department. A request for review under this section does not affect the right to an evidentiary hearing under 7 AAC 54.510.  
	(c)  At any time during a review under this section, a foster parent, a prospective adoptive parent or guardian, or an adoptive parent or legal guardian may be represented by an attorney or may be self-represented. A self-represented party may be assisted by a person who is not an attorney. The department's designee under (d) of this section may impose reasonable limits on participation by the assistant.  
	(d)  The department will designate an individual, other than the individual who issued the decision being reviewed, to conduct the review under this section. The department's designee may request additional information from the requester. No later than 10 business days after receipt of the request for review, or any request for additional information, whichever is later, the designee shall review the information related to the department's decision, any additional information requested under this subsection, and applicable statutes and regulations and shall render a written decision on the first-level review. In this subsection, "business day" means a day other than Saturday, Sunday, or a state holiday.  
	(e)  A foster parent, a prospective adoptive parent or guardian, or an adoptive parent or legal guardian who is not satisfied with the department's first-level review decision may request an evidentiary hearing under 7 AAC 54.510.  
	(f)  If a foster parent, a prospective adoptive parent or guardian, or an adoptive parent or legal guardian does not submit a request for a first-level review, the department's original decision is a final administrative action unless a written request for an evidentiary hearing is submitted under 7 AAC 54.510.  
	(g)  The provisions of this section do not apply to licensing-related actions conducted under AS 47.05,  AS 47.32,  7 AAC 10, or 7 AAC 50.  

Authorities

13.26.062;25.23.210;25.23.230;47.05.010;47.05.050;47.14.010;47.14.100;47.14.120;47.14.130;44.62.125

Notes

Reference

7 AAC 53.060
7 AAC 53.061
7 AAC 53.135
7 AAC 53.222
7 AAC 53.225
7 AAC 53.227
7 AAC 53.245
7 AAC 53.260
7 AAC 54.510

Authority

AS 13.26.062 AS 25.23.210 AS 25.23.230 AS 47.05.010 AS 47.05.050 AS 47.14.010 AS 47.14.100 AS 47.14.120 AS 47.14.130 Editor's note: As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 7 AAC 54.500.

History

Eff. 4/13/2011, Register 198

References

7.54.500