Page 930
(4) provide a written notice to the family or provider that
(A) describes the action the department intends to take, and the effective date of that action; and
(B) advises the family of the right to request a hearing under 7 AAC 49 or provider of the right to request a hearing under 7 AAC 41.443. (h) The department may discontinue collection efforts if the department has been unable to establish contact with a former family or provider for 10 consecutive years to develop a repayment plan, or obtain compliance with an established plan, under (c) of this section. (Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221) Statutory Authority: Authority: AS 47.05.010 AS 47.25.001 7 AAC 41.423. Intentional program violation hearings. (a) If the department believes that a family or provider has committed an intentional program violation under 7 AAC 41.410 the department will refer the matter to the office of administrative hearings (AS 44.64.010) for scheduling of an intentional program violation hearing. After the office of administrative hearings sets a date and time for the hearing, the department will provide the family or provider with a written notice at least 30 calendar days before the scheduled date of the intentional program violation hearing. In the notice the department will include
(1) the date, time, and location of the hearing;
(2) the accusations against the family or provider;
(3) a summary of the evidence to be presented by the department, and how and where the evidence can be examined;
(4) a description of the availability of a hearing postponement, as specified in (b) of this section;
(5) an explanation of the consequences of failure to appear at the hearing, as provided in (c) of this section;
(6) instructions on how to claim good cause for failure to appear at the hearing, as provided in (d) of this section;