(a) Notwithstanding Alaska Stat. § 44.62.330 – 44.62.630, the department, by regulation, shall establish a hearing procedure by which a nursing facility may present evidence to refute a deficiency found by the department, and by which it may appeal, in a hearing conducted by the office of administrative hearings (Alaska Stat. § 44.64.010) , a sanction imposed by order of the department under Alaska Stat. § 18.20.310. A request for a hearing shall be made in writing within 10 days after service of the department’s order on the nursing facility. Except for an order that takes effect immediately under Alaska Stat. § 18.20.310(b)(1), a request under this subsection has the effect of staying the department’s order until the hearing is concluded and the department makes a final determination.
Terms Used In Alaska Statutes 18.20.330
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) An appeal, or request for stay, regarding a sanction imposed by the court under Alaska Stat. § 18.20.310(a)(6) or (7), 18.20.360, or 18.20.370, shall be filed with the court in accordance with the Rules of Civil Procedure.
