Section 44.77.040. Hearing and judgment on appeal to department.

   (a) The Department of Administration, after consulting with the office of administrative hearings (AS 44.64.010), shall fix a time for hearing the appeal and shall notify the claimant and the officer who approved the voucher and give them a reasonable opportunity to be heard. The hearing shall be conducted by the office of administrative hearings.
   (b) The department, after the hearing, may affirm, reverse, or modify its original decision. Upon acceptance by the claimant of the decision of the department or if the claimant does not obtain judicial review as set out in (c) of this section, the department shall make a disbursement from the proper appropriation for the sum the department finds due the claimant.
   (c) If the claimant does not accept the decision of the Department of Administration, the claimant may obtain judicial review of the decision in accordance with AS 44.62.560 - 44.62.570.  A claimant may also bring an action under AS 09.50.250 - 09.50.300 at any time after one year has elapsed since the presentation of the claim under AS 44.77.010, if no decision has been made by the department.

Authorities

9.50.250

Notes

Recent Bills that will modify this

HB 55 COMPENSATION FOR WRONGFUL CONVICTION

Implemented As

2 AAC 25.030
2 AAC 25.040
2 AAC 25.050
2 AAC 25.060
2 AAC 25.070
2 AAC 25.080

References

AS 9.50.250 .250">Sec. 09.50.250. Actionable claims against the state.

History

(Sec. 15-1-4 ACLA 1949; am Sec. 27 ch 133 SLA 1951; am Sec. 1, 2 ch 24 SLA 1953; am Sec. 3 ch 30 SLA 1965; am Sec. 1, 2 ch 100 SLA 1986; am Sec. 83 ch 163 SLA 2004; am Sec. 26 ch 175 SLA 2004)