Alaska Administrative Code › Title 2 - Administration › Chapter 40 - Longevity Bonus Program › 2 AAC 40.145 - Administrative hearings

Current through May 31, 2024
(a) The
			 administrator will grant an administrative hearing to a person who has been
			 denied benefits under this chapter and who complies with
			 2 AAC 40.060(b),
			 2 AAC 40.100(c), or
			 2 AAC 40.120(a) (3) and (d). A person
			 who contacts the administrator by telephone and states an intent to request a
			 hearing will be granted a 15-day extension in which to submit a written request
			 confirming the call. The administrator will grant a hearing to a person who
			 demonstrates, to the satisfaction of the administrator, that the request for a
			 hearing was delayed by illness, prolonged absence from a usual place of
			 residence, an inability to obtain necessary assistance in requesting a hearing,
			 or other excusable neglect.
(b)
			 Within 10 days after the administrator's receipt of a request for a hearing,
			 the commissioner of administration will appoint as hearing officer a person who
			 has not previously reviewed or acted upon the matter under
			 consideration.
(c) The hearing
			 officer will provide the appellant adequate opportunity to examine the contents
			 of the case file and documents and records to be used by the hearing officer at
			 the hearing. The identity of a person reporting information to the
			 administrator on a confidential basis will not be provided to the hearing
			 officer, the appellant, or the appellant's agent.
(d) A hearing will be held at a date and time
			 mutually agreed upon between the appellant and the hearing officer. A hearing
			 will be held by telephone unless the hearing officer determines that a
			 telephonic hearing is inappropriate. If a hearing is not held by telephone, it
			 will occur in a place mutually agreed upon by the appellant and the hearing
			 officer. The appellant shall bear his or her own expenses related to attendance
			 or representation at the hearing, except for the telephone expenses of the
			 hearing.
(e) The hearing will be
			 electronically recorded and the recording will be preserved until the time
			 limit for appeal of the hearing officer's decision has expired. If the
			 appellant requests a transcript of the proceedings, it will be prepared at the
			 appellant's expense.
(f) The
			 appellant bears the burden of proving that the administrator's decision was
			 incorrect.
(g) The state is not
			 responsible for any fees, mileage, or expenses for any representative or
			 witness appearing at the request of the appellant.
(h) Oral evidence will be taken only under
			 oath to be administered by the hearing officer. The hearing officer will admit
			 evidence that is relevant and will exclude evidence that is irrelevant or
			 unduly repetitious. The hearing officer will accord such weight to the evidence
			 as would a responsible person in the conduct of serious affairs.
(i) The appellant, the appellant's guardian,
			 or the appellant's designated agent under a properly executed statutory power
			 of attorney shall be present at the hearing. The appellant may be represented
			 or assisted by a person of his or her choice. The hearing officer will allow
			 witnesses to testify by telephone and will provide the appellant with adequate
			 opportunity to
(1) call witnesses;
(2) establish relevant facts and
			 circumstances;
(3) advance
			 arguments without undue interference;
(4) question or refute testimony or evidence;
			 and
(5) confront and cross-examine
			 adverse witnesses.