8 Alaska Admin. Code § 87.220

Current through May 31, 2024

Section 8 AAC 87.220 - Reconsideration and appeals

(a) A person that receives a notice of denial of award from the department may file a written request for reconsideration under this section to the commissioner no later than 10 working days after the date of the notice.

(b) The notice of denial of award from the department will include information describing the reasons the proposal was denied by the department. The written request for reconsideration must address the reasons the proposal was not recommended for award by the department.

(c) No later than 10 working days from receipt of the request for reconsideration, the commissioner will make and issue a written decision on the request.

(d) The commissioner may reconsider a proposal for an award if the person requesting reconsideration under this section demonstrates one or more of the following:

(1) shows that there has been a substantial change in the circumstances that led to the denial;

(2) provides relevant information to the department that was not available when the denial was made; or

(3) shows that the department's decision contains a technical, legal, or administrative error or misinterpretation of data, the correction of which might reverse the decision.

(e) If the commissioner does not issue a written decision on or before the 10th working day after a request for reconsideration is received, the request is considered denied.

(f) The commissioner's decision on a request for reconsideration constitutes the final determination of the department.

(g) If the commissioner grants the request for reconsideration, the person making the request under this section will be contacted by the department to negotiate the terms of an award.

(h) If the commissioner denies the request for reconsideration, the commissioner's decision is the final determination of the department. The commissioner's decision is subject to judicial review in accordance with Rule 602 of the Alaska Rules of Appellate Procedure.

(i) If a person does not file a request for reconsideration on or before the date established under (a) of this section, the department's decision constitutes the final determination of the department.

8 AAC 87.220

Eff. 6/18/2010, Register 194

Authority:AS 23.15.636

AS 23.15.654