Alaska Administrative Code
Title 7 - Health and Social Services
Part 3 - Public Assistance and Medical Assistance
Chapter 41 - Child Care Assistance Program
Article 4 - General Provisions
7 AAC 41.423 - Intentional program violation hearings

(a) If the department believes that a family or provider has committed an intentional program violation under 7 AAC 41.410 the department will refer the matter to the office of administrative hearings (AS 44.64.010) for scheduling of an intentional program violation hearing. After the office of administrative hearings sets a date and time for the hearing, the department will provide the family or provider with a written notice at least 30 calendar days before the scheduled date of the intentional program violation hearing. In the notice the department will include

(b) An accused family or provider may request one hearing postponement of no more than 30 calendar days after the date of the first scheduled intentional program violation hearing if the request for postponement is received by the department at least 10 calendar days before the first scheduled hearing,

(c) If an accused family or provider fails to appear at an intentional program violation hearing, the administrative law judge shall

(d) An accused family or provider who fails to appear, or have a representative appear, for a scheduled intentional program violation 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 family or provider had good cause for not appearing, the administrative law judge shall schedule a new hearing and reopen the hearing record.

(e) An administrative law judge with the office of administrative hearings 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 a family or provider 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 family or provider committed, and intended to commit, an intentional program violation.

(f) At a hearing, the accused family or provider may choose self-representation, or to Be represented by an attorney or any other person who may be helpful in defense of the accusation. If the accused family or provider chooses to be represented at the hearing by an attorney or any other person, the representative of the accused family or provider shall submit a completed permission form provided by the department, that is signed by the accused family or provider and the family's or provider's representative. For purposes of this subsection, the signature of an accused family is the signature of the accused individual within the family,

(g) The accused family or provider or the accused family's or provider's representative may

(h) If the accused family or provider is notified in advance, a hearing under 7 AAC 49 for a family or a hearing for a provider under 7 AAC 41.443 that is based on the same or related circumstances as an intentional program violation hearing under this section may be combined by the administrative law judge into a single hearing.

(i) The administrative law judge shall render a decision within 90 calendar days after the date the accused family or provider received the notice of the hearing in accordance with (a) of this section. However, if the accused family or provider or the family's or provider'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 a family or provider has committed an intentional program violation, no further administrative remedy exists. However, the family or provider is entitled to seek relief in a court having appropriate jurisdiction.