Section 8.85.154. Appeal decisions.

	(a)  After the hearing, the appeal referee shall issue a written decision that states the findings of fact and the reasons for the decision. The decision of the appeal referee shall  
		(1) affirm, reverse, or modify the determination of the division; or  
		(2) remand the case to the division for further investigation and a redetermination.  
	(b)  If the appellant does not appear for the hearing, the appeal referee may  
		(1) dismiss the appeal without a hearing;  
		(2) continue the hearing upon a finding of good cause outside of the control of the appellant;  
		(3) decide the merits of the appeal on the basis of the available information without a hearing; or  
		(4) decide the merits of the appeal after conducting a hearing with the participation of the parties who did appear.  
	(c)  The appeal referee shall mail or deliver a copy of a decision issued under (a) or (b) of this section to all interested parties. The decision must include or be accompanied by a notice that states clearly the procedure and time period for filing an appeal from the referee's decision.  
	(d)  A party may file an appeal to the department from a decision of an appeal referee, except for a referee decision issued under (a)(2) of this section that only remands the case to the division for further investigation and a redetermination. If the case is remanded, the party may file an appeal to an appeal referee from the redetermination issued by the division.  
	(e)  The director shall maintain electronic or paper copies of decisions of appeal referees. The decisions are open for inspection by the public.  

Authorities

23.20.045;23.20.420;23.20.430

Notes

Reference

8 AAC 85.155
8 AAC 85.157
8 AAC 85.225

Authority

AS 23.20.045 AS 23.20.420 AS 23.20.430

History

Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 10/12/97, Register 144