Alaska Administrative Code
Title 7 - Health and Social Services
Part 1 - Administration
Chapter 10 - Licensing, Certification, and Approvals
Article 3 - Barrier Crimes and Conditions; Background Checks
7 AAC 10.945 - Revocation of valid criminal history check or variance

(a) Subject to AS 47.32, if the department decides to revoke a valid background check issued under 7 AAC 10.900 - 7 AAC 10.990, the department will provide electronic notice of the change in determination to the provider for whom the background check was conducted. The department will provide written notice of revocation to the applicant for whom the background check was conducted. In the notice to the applicant, the department will include the reasons for the department's decision and will advise an applicant of the right to request a redetermination under 7 AAC 10.927 if the applicant believes that the department's determination was made in error or believes that there was an error in the information that the department relied on, or if the applicant has new or additional factual information that could change the department's decision. Nothing in this section precludes the submission of a request for a variance under 7 AAC 10.930.

(b) If the oversight division decides to revoke a variance issued under 7 AAC 10.900 - 7 AAC 10.990, the oversight division shall provide written notice of revocation to the provider to whom the variance was issued and to any applicant who was the subject of the variance. In the notice to the applicant, the oversight division shall include the reasons for the oversight division's decision and will advise the applicant of the right to request reconsideration under 7 AAC 10.950 if the applicant believes that the oversight division's determination was made in error or believes that there was an error in the information that the oversight division relied on, or if the applicant has new or additional factual information that could change the oversight division's decision. Nothing in this section precludes the resubmission of a request for variance under 7 AAC 10.930.

(c) A notice of revocation issued under this section is effective immediately after the department issues the notice, unless a delay is granted under (d) of this section.

(d) At the request of the provider or applicant, the department may delay the effective date of a revocation under this section for not more than 30 days after its issuance if the department determines that closer supervision and revised work conditions under which the applicant must operate will not threaten the health, safety, and welfare of a recipient of services.