Alaska Administrative Code › Title 7 - Health and Social Services › Part 2 - Public Health › Chapter 26 - Emergency Medical Services › Article 10 - General Provisions › 7 AAC 26.960 - Appeals procedures

Current through May 31, 2024
(a) An applicant or certificate holder may
				  appeal to the commissioner a determination by the department to revoke,
				  suspend, or deny certification or recertification by requesting, in writing, an
				  administrative hearing. To be timely, a request must be received within 15 days
				  after the issuance of the notice of revocation, suspension, or denial of
				  certification or recertification.
(b) Upon receipt of the request for appeal, a
				  hearing will be scheduled to be held within 30 days after receipt of the
				  request. Notice of the date, time, and place of the hearing will be sent to the
				  applicant or certificate holder, and to that person's attorney or
				  representative, if any, within 10 days after the receipt of the request. At
				  this time, the commissioner may designate a department employee who was not
				  involved in the original agency determination to make the final agency
				  determination.
(c) A decision by
				  the department to refuse to certify or a decision by the department to refuse
				  to grant reciprocity under
				  7 AAC 26.150 remains in effect throughout the
				  administrative appeal process.
(d)
				  A certificate holder whose certificate is subject to suspension or revocation
				  may seek a temporary stay of the department's determination pending the outcome
				  of the hearing under this section by filing a written request to the
				  commissioner with a sworn affidavit setting out the reasons for seeking the
				  stay. A stay will be granted only if the commissioner determines that the
				  public safety will be reasonably protected. As necessary to assure the
				  protection of the public safety, the commissioner will impose conditions on the
				  certificate holder for the term of the stay.
(e) A certificate holder whose certificate is
				  subject to immediate suspension under
				  7 AAC 26.955(e) or who has been denied
				  a request for a temporary stay under (d) of this section may seek expedited
				  review of the department's determination by filing a timely request for an
				  expedited review with the commissioner. To be timely, the request must be
				  received within 15 days after the department's action. The commissioner or the
				  commissioner's designee will receive written evidence and schedule a telephonic
				  or in-person hearing on the sole issue of whether a temporary stay may be
				  granted pending an appeal. The commissioner or the commissioner's designee will
				  deny the request for a temporary stay upon expedited review if that person
				  determines, by a preponderance of evidence, that the denial of a temporary stay
				  is necessary to assure the protection of the public.
(f) The commissioner may designate a hearing
				  officer from the staff of the division of public health within the department
				  to perform a hearing under this section. The hearing officer may not be a
				  person who was involved in the original agency determination. The commissioner
				  or the commissioner's designee will, or the hearing officer shall, accept
				  written argument and documentary evidence from the applicant or certificate
				  holder and the department staff. As necessary to provide an opportunity to
				  present and cross examine witnesses, the commissioner or commissioner's
				  designee will, or the hearing officer shall, hold an oral hearing. A party may
				  not request an oral hearing to address only a question of law. The applicant or
				  certificate holder may be represented at the hearing by an attorney or other
				  representative.
(g) The rules of
				  evidence contained in
				  AS
				  44.62.460 -
				  AS
				  44.62.480 (Administrative Procedure Act) will
				  be used for hearings under this section.
(h) The commissioner or commissioner's
				  designee will issue a decision, or, if a hearing officer conducts the hearing,
				  the hearing officer shall issue a recommended decision, within 10 working days
				  after the written and testimonial records are closed, unless the commissioner
				  or the commissioner's designee extends the period to address unusually complex
				  questions of fact or law, or to allow post-hearing briefs or the presentation
				  of newly discovered evidence not previously discoverable. If a hearing officer
				  conducts the hearing, the commissioner or the commissioner's designee will
				  adopt, modify, or remand the recommended decision within 10 working days after
				  receiving it from the hearing officer. An adopted or modified decision becomes
				  final and takes effect 15 days after issuance by the commissioner or the
				  commissioner's designee and constitutes final agency action for the purposes of
				  judicial review.
(i) The
				  commissioner or the commissioner's designee may order a reconsideration of a
				  decision on that person's own motion or on petition of a party. To be
				  considered, a petition for reconsideration must be filed with the department
				  within 15 days after issuance of the decision. The commissioner or
				  commissioner's designee will not order reconsideration more than 30 days after
				  the issuance of a decision. If action is not taken on a petition within the
				  time allowed for ordering reconsideration, the petition is considered
				  denied.
Authority:
AS
						18.08.080
AS 18.08.082
AS
						18.08.084