Motion for reconsideration

Official textakleg.govlast amended Oct 01, 1998

# (a)

A party to a formal hearing may, within 10 days after the decision of the hearing officer is mailed to the party, file with the commissioner a written motion for reconsideration of that decision. The motion must state specific grounds for relief and, if mailed, be addressed:
Commissioner's Office Appeals (Reconsideration), Alaska Department of Revenue, P.O. Box 110400, Juneau, Alaska 99811-0400.

# (b)

Within 20 days after receipt of a motion for reconsideration, the commissioner will issue an order in writing either granting or denying the motion.

# (c)

If the commissioner grants a motion for reconsideration, the decision will be reconsidered and any modifications to it made as promptly as possible. If appropriate, the commissioner will authorize the submission of further briefs, order the hearing reopened to receive further evidence or provide for other suitable procedures for reconsideration of the decision. After a decision has been reconsidered, the commissioner will readopt the decision with any appropriate modifications. Upon readoption, the decision is the final administrative decision of the department for purposes of appeal to the superior court under 15 AAC 05.040.

# (d)

If the commissioner denies a motion for reconsideration, the hearing officer's decision becomes the final administrative decision of the department for purposes of appeal to the superior court under 15 AAC 05.040 as of the date of the commissioner's written order denying the motion.
(Eff. 12/26/80, Register 76; am 4/21/88, Register 106; am 1/1/93, Register 124; am 10/1/98, Register 147) Statutory Authority:
Authority:
AS 25.27.020 AS 43.05.010 AS 43.23.015
Editor's note:
As of Register 235 (October 2020), the Department of Revenue changed the authority citation that follows 15 AAC 05.035. The text of 15 AAC 05.035 was unchanged, and the history note does not reflect the changes to the authority citation.

Amendment history

Eff. 12/26/80, Register 76; am 4/21/88, Register 106; am 1/1/93, Register 124; am 10/1/98, Register 147

Source: official source document (full AAC Title 15 PDF)

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