Section 7 AAC 150.230 - Appeal procedures(a) If a notice of appeal satisfies the requirements of 7 AAC 150.220, the department will file, in accordance with the prehearing schedule established under (c) of this section, and with both the administrative law judge that the office of administrative hearings (AS 44.64.010 ) assigns to the matter and the facility representative designated under 7 AAC 150.220(a) (4) or (b)(4) as the point of contact, a written response setting out the department's position with respect to each of the points raised in the appeal. In the response, the department will state clearly the defenses it intends to assert.(b) Not later than 10 days after receiving a notice of appeal that satisfies the requirements of 7 AAC 150.220, the commissioner will refer the appeal to the office of administrative hearings (AS 44.64.010 ) for a hearing in accordance with 2 AAC 64.100 - 2 AAC 64.990.(c) No more than 45 days after receiving the notice of assignment, the administrative law judge shall conduct a prehearing conference, at which time a schedule shall be established that sets prehearing deadlines and a date for the hearing. The schedule shall provide for a hearing on the administrative appeal under 7 AAC 150.220(a) or (b) to begin no more than 120 days after the written notice of appeal was received by the commissioner, unless the facility requests a delay or the administrative law judge finds good cause for the delay. The administrative law judge may find good cause for the delay under AS 47.07.075(b)(1) and this subsection in circumstances such as the following: (1) the administrative law judge finds that the facility waived its right to a timely hearing under this section;(2) the parties stipulated to the hearing being held at a later date;(3) the facility failed to file the statement of issues described in (a) of this section at the time that the notice of appeal was initially filed;(4) the facility amended its statement of issues after initial filing;(5) the administrative law judge finds that strict adherence to the 120-day time limit for a hearing would work injustice.(d) A facility may amend its original statement of issues once as a matter of course at any time before the department's response is filed. The department may amend its response to the facility's statement of issues, once no more than 20 days after the department's original response is filed. A party may amend the statement of issues or a response at other times only by leave of the administrative law judge or by written consent of the opposing party. The administrative law judge shall freely grant leave to amend, if the administrative law judge finds justice so requires. Unless the administrative law judge orders otherwise, the department shall respond to an amended statement of issues no later than the time remaining for response to the original statement of issues or no more than 10 days after service of the amended statement of issues, whichever period is longer.(e) Unless otherwise ordered by the administrative law judge, discovery shall be permitted in accordance with a plan for discovery approved by the administrative law judge.(f) The administrative law judge shall issue a proposed decision on the appeal not more than 120 days after the latest of the following events:(1) completion of briefing on a dispositive motion, or oral argument on the motion, whichever is later;(2) completion of the evidentiary hearing, including post-hearing briefing and argument, if any.(g) If a proposed decision is not issued under (f) of this section in 120 days or less, the administrative law judge shall inform the commissioner and the parties, in writing, as to the reasons for the delay. Failure to complete a proposed decision in 120 days or less does not affect the status of the administrative proceeding or the rights of the parties in the administrative proceeding.(j) In making the report on noncompliance with the 120-day hearing time limit as required by AS 47.07.075, the department will only include a hearing that did not comply with that time limit, if the time limit was not adjusted under (c) of this section.Eff. 2/1/2010, Register 193; am 4/4/2013, Register 206Authority:AS 47.05.010
AS 47.07.070
AS 47.07.075