Page 2978

the administrative law judge or by written consent of the opposing party. The administrative law judge shall freely grant leave to amend, if the administrative law judge finds justice so requires. Unless the administrative law judge orders otherwise, the department shall respond to an amended statement of issues no later than the time remaining for response to the original statement of issues or no more than 10 days after service of the amended statement of issues, whichever period is longer. (e) Unless otherwise ordered by the administrative law judge, discovery shall be permitted in accordance with a plan for discovery approved by the administrative law judge. (f) The administrative law judge shall issue a proposed decision on the appeal not more than 120 days after the latest of the following events:

(1) completion of briefing on a dispositive motion, or oral argument on the motion, whichever is later;

(2) completion of the evidentiary hearing, including post-hearing briefing and argument, if any. (g) If a proposed decision is not issued under (f) of this section in 120 days or less, the administrative law judge shall inform the commissioner and the parties, in writing, as to the reasons for the delay. Failure to complete a proposed decision in 120 days or less does not affect the status of the administrative proceeding or the rights of the parties in the administrative proceeding. (h) Repealed 4/4/2013. (i) Repealed 4/4/2013. (j) In making the report on noncompliance with the 120-day hearing time limit as required by AS 47.07.075, the department will only include a hearing that did not comply with that time limit, if the time limit was not adjusted under (c) of this section. (Eff. 2/1/2010, Register 193; am 4/4/2013, Register 206) Statutory Authority: Authority: AS 47.05.010 AS 47.07.070 AS 47.07.075 7 AAC 150.240. Exceptional relief to prospective payment rate setting. (a) If application of the methodology in 7 AAC 145.700 or in 7 AAC 150.040 — 7 AAC 150.190 and 7 AAC 150.250 results in a permanent prospective payment rate that does not allow