Section 34.45.400. Action to establish claim.

   (a) A person aggrieved by a decision or action of the department under this chapter may apply to the department within 60 days after the mailing date of the department's notice to the person, giving notice of the grievance and requesting an informal conference.  At the conference the person aggrieved may present arguments and evidence relevant to the decision or action of the department.  If the department determines that a correction is warranted, the department shall make the correction.
   (b) A person aggrieved by a decision or action of the department may apply to the department and request a formal hearing
        (1) in place of the informal conference provided for in (a) of this section, within 60 days after the mailing date of the department's notice to the person; or
        (2) within 30 days after the decision resulting from an informal conference.
   (c) At the formal hearing, the administrative law judge from the office of administrative hearings (AS 44.64.010) may subpoena witnesses and may administer oaths and make inquiries necessary to determine the validity of the claim. The person aggrieved may present arguments and evidence relevant to the decision or action of the department. If, after the hearing, the department determines that a correction is warranted, the department shall make the correction.
   (d) A person aggrieved by the decision of the department may, within 30 days after the formal hearing and decision by the department, appeal to the superior court in the judicial district in which the person resides.  The department shall give appellant access to the department's file in the matter for preparation of the appeal.  If, after the appeal is heard, it appears that the decision of the department was correct, the court shall confirm that decision.  If incorrect the court shall determine the amount that the person aggrieved is entitled to recover and shall order the repayment.  The department shall immediately pay the amount due and attach a certified copy of the judgment to the payment.

Notes

History

(Sec. 11 ch 133 SLA 1986; am Sec. 50 ch 163 SLA 2004)