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(B) the part of the federal allotment allocated under (6) of this subsection to a particular classification is not fully used within that classification; or

(C) after issuance of the list under (8) of this subsection, part of the federal allotment becomes available for distribution because an agreement or other criterion required under (2) of this subsection was not reached or satisfied;

(10) a hospital aggrieved by the department’s decision under (8) of this subsection, regarding whether a hospital is a qualifying hospital, may request reconsideration of the decision by filing a request with the department, and sending a copy of the request to each qualifying hospital, no more than 10 days after the date of the department’s list under (8) of this subsection; a request for reconsideration under this paragraph must state the facts in the record that support a reversal of the initial decision; a qualifying hospital to which a request for reconsideration was sent may file with the department, no more than 10 days after the date the request was sent, a response to the request for reconsideration; the response must be based on facts in the record; the department’s decision on reconsideration under this paragraph is the department’s final administrative action on a reconsideration request under this paragraph; if the department does not issue a decision on reconsideration 30 days or less after the deadline for filing a response to the request for reconsideration, and does not waive the 30-day deadline, the request is considered denied by the department; the denial is the department’s final administrative action on a reconsideration request under this paragraph;

(11) a hospital aggrieved by the department’s decision under (8) of this subsection, regarding the amount of a qualifying hospital’s proportionate share payment under this subsection, may request reconsideration of the decision by filing a request with the department, and sending a copy of the request to each of the other qualifying hospitals, no more than 10 days after the date of the department’s list under (8) of this subsection; if the department has made the private hospital proportionate share payment under this subsection to the qualifying hospital, the department will accept and consider a request for reconsideration under this paragraph only after return of any unearned portion of the payment is made; a request for reconsideration under this paragraph must state the facts in the record that support a change in the payment amount; a qualifying hospital to which a request for reconsideration was sent may file with the department, no more than 10 days after the date the request was sent, a response to the request for reconsideration; the response must be based on facts in the record; the department’s decision on reconsideration under this paragraph is the department’s final administrative action on a reconsideration request under this paragraph; if the department does not issue a decision on reconsideration 30 days or less after the deadline for filing a response to the request for reconsideration, and does not waive the 30-day deadline, the request is considered denied by the department; the denial is the department’s final administrative action on a reconsideration request under this paragraph;

(12) the administrative appeal process provided by 7 AAC 150.220 and the exceptional relief process set out in 7 AAC 150.240 are not available to a hospital disputing an item on the department’s list under (8) of this subsection of qualifying hospitals and amounts;

(13) unless the department considers it impractical, the department will recalculate and