Section 7 AAC 45.585 - Administrative disqualification hearing(a) An accused individual may request one hearing postponement of not more than 30 calendar days after the date of the first scheduled administrative disqualification hearing if the department and the office of administrative hearings receive the request for postponement not later than 10 calendar days before the first scheduled hearing.(b) If an accused individual or the individual's representative fails to appear at an administrative disqualification hearing, the administrative law judge shall (1) hold the hearing without the accused individual or the individual's representative;(2) consider the evidence based on the information provided by the department; and(3) determine if an intentional program violation was committed.(c) An accused individual who fails to appear, or have a representative appear, for an administrative disqualification hearing has 10 calendar days after the date of the scheduled hearing to contact the office of administrative hearings, provide evidence of good cause for failure to appear, and request that a new hearing be scheduled. If the administrative law judge determines that the individual had good cause for not appearing, the administrative law judge shall schedule a new hearing and reopen the hearing record.(d) An administrative law judge with the office of administrative hearings (AS 44.64.010 ) shall conduct a hearing under this section. After hearing the facts of the case and examining the evidence, the administrative law judge shall decide whether an individual has committed an intentional program violation. The administrative law judge shall base a determination of intentional program violation on clear and convincing evidence that the individual committed, and intended to commit, an intentional program violation as defined in 7 AAC 45.580.(e) At a hearing, an accused individual may choose self-representation, to be represented by an attorney, or the assistance of another person who may be helpful in defense of the accusation. If the accused individual chooses to be represented at the hearing by an attorney or another person, the individual shall submit a completed permission form provided by the department, that is signed by the individual and the individual's representative.(f) The accused individual, or the individual's representative, may (1) examine the contents of the individual's file, and all documents and records to be used at the administrative disqualification hearing, at a reasonable time before the date of the hearing, and during the hearing;(2) at the individual's own expense, present at the hearing witnesses and documents pertinent to the case;(3) establish relevant facts and circumstances;(4) present oral or written arguments pertinent to the case; and(5) question or refute any testimony or evidence, including the opportunity to cross-examine witnesses.(g) If the hearing involves a medical issue and if requested by the accused individual or the department, the administrative law judge may order that a medical assessment be obtained at the department's expense and made part of the hearing record if the assessment is (1) related to the underlying issue at the hearing; and(2) done by a provider enrolled under 7 AAC 105 - 7 AAC 160.(h) If the accused individual is notified in advance, a fair hearing under 7 AAC 49 and an administrative disqualification hearing under this section that are based on the same or related circumstances may be combined by the administrative law judge into a single hearing.(i) The administrative law judge shall render a decision not later than 90 calendar days after the date the accused individual received the notice of the hearing in accordance with (a) of this section. However, if the accused individual or the individual's representative is granted a postponement, the 90-day time limit is extended for the same number of days that the hearing is postponed.(j) If the administrative law judge determines that an individual has committed an intentional program violation, as described in 7 AAC 45.580, no further administrative remedy exists. However, the individual is entitled to seek relief in a court having appropriate jurisdiction.Eff. 8/6/92, Register 123; am 10/1/97, Register 143; am 1/7/2005, Register 173; am 4/4/2013, Register 206Authority:AS 47.05.010
AS 47.27.005
AS 47.27.080