Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 3 - Workers' Compensation
Chapter 57 - Appeals
8 AAC 57.070 - Notice of appeal

Universal Citation: 8 AK Admin Code 8 AAC 57.070

Current through November 28, 2024

(a) To begin an appeal, an appellant shall file a notice of appeal not later than 30 days after the date the board's decision and order is filed or, if a timely petition for reconsideration was filed with the board, not later than 30 days after the date the board's decision and order on reconsideration is filed. If the board does not act on the petition for reconsideration, the petition is considered denied. A notice of appeal must be filed not later than 30 days after the date the petition for reconsideration is considered denied, as provided in AS 23.30.127(a) and (b).

(b) The notice of appeal must

(1) specify the board decision or order appealed from;

(2) state the grounds for the appeal upon which the appellant intends to rely and wishes the commission to consider;

(3) be served on the director in addition to the other parties, unless the director is the appellant; and

(4) be served on the attorney general's office in Juneau, Alaska, and the office of the assistant attorney general who appeared in the board proceeding, if the state or a political subdivision of the state is an appellee.

(c) The following documents must be filed with a notice of appeal:

(1) the name, current mailing address, telephone number, and facsimile number or electronic mail address of each party to the appeal, if known;

(2) the name, current mailing address, telephone number, and facsimile number or electronic mail address of each attorney known to be representing a party to the appeal; and

(3) an entry of appearance by the attorney representing the appellant, if applicable.

(d) unless the appellant is the state or a political subdivision of the state, at the same time the notice of appeal is filed, the appellant shall

(1) pay a filing fee of $50, payable by money order, or by business, certified, or cashier's check; or

(2) file a motion for exemption from payment of the filing fee or transcript costs and a completed Financial Statement Affidavit, as provided in 8 AAC 57.090.

(e) An appellee may begin a cross-appeal by filing a notice of cross-appeal in the original appeal, as provided in AS 23.30.127(c).

(f) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of the notice of appeal and the documents specified under (a) - (c) of this section, the appellee may file supplemental or responsive documents, including

(1) entries of appearance; or

(2) notices of consent to service by facsimile transmission or by electronic mail, as provided in 8 AAC 57.050(g).

Authority:AS 23.30.007

AS 23.30.008

AS 23.30.127

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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