Section 14.43.153. Hearings in administrative action to establish a collection order; burden of proof.

   (a) A borrower served with a notice of establishment of collection order under AS 14.43.152 is entitled to a hearing before the commission if the request for a hearing is served on the commission by registered mail, return receipt requested, within 30 days after the date the notice is mailed to the borrower.
   (b) If a request for a hearing in accordance with (a) of this section is made, the issuance of a collection order is automatically stayed pending the decision of the hearing officer for the commission. If a request for a hearing is not made, the collection order is final at the expiration of the 30-day period specified in (a) of this section.
   (c) A borrower claiming that the notice is incorrect has the burden at hearing to document the existence of one of the conditions described in AS 14.43.152(b)(3)(A) and (B).
   (d) Within 60 days after the date of the hearing, the hearing officer shall enter a decision determining whether default has occurred and, if default has occurred, specifying the amount of the collection order and declaring that the property of the borrower is subject to a lien under AS 14.43.149 in the amount of the collection order.
   (e) If the borrower who requested the hearing fails to appear at the hearing, the hearing officer shall enter a decision
        (1) confirming that a default has occurred;
        (2) confirming the amount of the collection order;
        (3) declaring that the property of the borrower is subject to a lien under AS 14.43.149 in the amount stated under (2) of this subsection.
   (f) The decision of the hearing officer is a final decision that may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

Authorities

14.42.030;14.43.154

Notes

References

AS 14.42.030 Functions, duties, and powers of the commission.
AS 14.43.154 Collection orders as judgments.

History

(Sec. 9 ch 63 SLA 2004)