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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 conforming technical revisions under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation that follows 7 AAC 81.200 to add references to AS 44.30.020 and AS 47.06.010. 7 AAC 81.210. Appeal procedures. (a) If the commissioner appoints a hearing officer under 7 AAC 81.200(d) to hear an appeal, the hearing officer will set a date for a hearing that is no more than 15 days after the appointment. (b) The hearing officer may

(1) upon the agreement of the appellant, for good cause shown, or as is otherwise in the interest of the state, extend the time set for the hearing;

(2) arrange for the hearing to be held by teleconference;

(3) with the agreement of the appellant, review the appeal on the basis of the written submissions of the appellant and the department, without a hearing. (c) In a hearing under this section,

(1) the hearing officer shall regulate the order of testimony and presentation of the appeal;

(2) interested persons may attend, give testimony, or submit written statements;

(3) formal rules of evidence do not apply; however, testimony must be given under oath; and

(4) the hearing must be recorded and will be transcribed at the request and expense of the person requesting the transcript. (d) The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the remedy requested. (e) The hearing officer shall provide a written recommendation to the commissioner. The commissioner will

(1) accept the hearing officer’s recommendation;

(2) reject the hearing officer’s recommendation and remand the recommendation back to the hearing officer with instructions; or

(3) issue a written decision based on the appeal record.