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(c) The requirements of (a) of this section do not apply to a facility licensed for foster care or to an approval for an adoption subsidy issued by the subunit of the Department of Family and Community Services that oversees children’s services. (Eff. 2/9/2007, Register 181; am 6/29/2017, Register 222) Statutory Authority: Authority: AS 47.05.300 AS 47.05.330 AS 47.32.030
AS 47.05.310 AS 47.05.340
AS 47.05.320 AS 47.32.010 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to 7 AAC 10.940. 7 AAC 10.945. Revocation of valid background 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,