7 Alaska Admin. Code § 160.130

Current through April 27, 2024

Section 7 AAC 160.130 - Appeal

(a) A provider may appeal the findings of a final audit conducted under 7 AAC 160.110 and determinations of overpayment amount under the audit. A provider may requeste reconsideration of the audit findings before a formal appeal. If a provider requests reconsideration, the provider may still request a formal appeal under this section by requesting the appeal not later than 30 days after the date of the notice of decision on reconsideration.

(b) An appeal under this section must

(1) be made in writing and submitted to the Commissioner's Office, Department of Health and Social Services, P.O. Box 110601, Juneau, Alaska 99811-0601;

(2) be submitted to the commissioner no more than 30 days after the date of the letter transmitting the provider's final audit report;

(3) contain a description of the finding or determination being appealed, a copy of the determination, and the basis upon which the final audit report is challenged; and

(4) include all information and materials, including any new information that the provider requests the commissioner to consider in resolving the appeal.

(c) The department will refer an appeal received under this section to the Department of Administration, office of administrative hearings (AS 44.64.010). At the hearing under AS 44.64.060, the department must prove by a preponderance of the evidence to the administrative law judge that overpayments were properly identified and that the amount is correctly calculated. The commissioner will render a decision on an appeal after reviewing, under AS 04.64.060(e), the record and the proposed decision submitted under AS 44.64.060(d) by the administrative law judge.

(d) The commissioner's decision under this section is a final administrative decision. The department will notify the provider of the provider's right to appeal the final administrative decision to the superior court under the Alaska Rules of Appellate Procedure.

7 AAC 160.130

Eff. 2/1/2010, Register 193; am 6/7/2018,Register 226, July 2018

Authority:AS 47.05.010

AS 47.05.200

AS 47.07.040