Section 2 AAC 35.080 - Notice of appeal rights(a) If a final decision by the administrator is in whole or in part adverse to the person seeking the decision, the division will include with that decision an outline of the procedures necessary for filing an administrative appeal of the decision and the notice of appeal form necessary to initiate the appeal. The outline or notice will include a statement that the person, if filing an appeal, has a right to counsel at the person's own expense in the appeal. A final decision of the administrator includes a final determination of eligibility for benefits, a reduction in benefits, or the denial of a review of a decision by a division supervisor, but does not include a decision on a request for a waiver of an adjustment made by the commissioner of administration under AS 39.35.522.(b) If a decision made by the commissioner of administration under AS 39.35.522 on a request for a waiver of an adjustment is adverse in whole or in part to the person seeking the waiver, the commissioner will notify the person that the person may appeal the decision to the office of administrative hearings, and that a notice of appeal must be filed with the commissioner within 30 days of the date that the person received the notice of the commissioner's decision. The commissioner will send to the division a copy of any notices of appeal that the commissioner receives under this subsection, and the division will notify the person wishing to appeal if the notice of appeal was timely. If the notice of appeal was not timely, the process set out under 2 AAC 35.100(e) applies.In effect before 10/21/83, Register 93; am 7/12/90, Register 122; am 9/27/96, Register 150; am 11/25/99, Register 151; am/readopt 7/20/2006, Register 179; am 1/13/2010, Register 193Even though 2 AAC 35.080 was repealed and readopted effective 9/27/96, it was not published until Register 150, July 1999.
Even though the 1998 amendment to 2 AAC 35.080 was effective 11/25/98, it was not published until Register 151, October 1999.
Authority:AS 39.35.003
AS 39.35.520
AS 39.35.522