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law judge shall schedule a new hearing and reopen the hearing record. (e) An administrative law judge with the office of administrative hearings shall conduct a hearing under this section. After hearing the facts of the case and examining the evidence, the administrative law judge shall decide whether a family or provider has committed an intentional program violation. The administrative law judge shall base a determination of intentional program violation on clear and convincing evidence that the family or provider committed, and intended to commit, an intentional program violation. (f) At a hearing, the accused family or provider may choose self-representation, or to be represented by an attorney or any other person who may be helpful in defense of the accusation. If the accused family or provider chooses to be represented at the hearing by an attorney or any other person, the representative of the accused family or provider shall submit a completed permission form provided by the department, that is signed by the accused family or provider and the family’s or provider’s representative. For purposes of this subsection, the signature of an accused family is the signature of the accused individual within the family. (g) The accused family or provider or the accused family’s or provider’s representative may

(1) examine the contents of the family’s or provider’s file, and all documents and records to be used at the intentional program violation hearing, at a reasonable time before the date of the hearing, and during the hearing;

(2) at the family’s or provider’s own expense, present at the hearing witnesses and documents pertinent to the case;

(3) establish relevant facts and circumstances;

(4) present oral and written arguments pertinent to the case; and

(5) question or refute any testimony or evidence, including the opportunity to cross-examine witnesses. (h) If the accused family or provider is notified in advance, a hearing under 7 AAC 49 for a family or a hearing for a provider under 7 AAC 41.443 that is based on the same or related circumstances as an intentional program violation hearing under this section may be combined by the administrative law judge into a single hearing. (i) The administrative law judge shall render a decision within 90 calendar days after the date the accused family or provider received the notice of the hearing in accordance with (a) of this section. However, if the accused family or provider or the family’s or provider’s representative is granted a postponement, the 90-day time limit is extended for the same number of days that the hearing is postponed. (j) If the administrative law judge determines that a family or provider has committed an intentional program violation, no further administrative remedy exists. However, the family or provider is entitled to seek relief in a court having appropriate jurisdiction. (Eff. 1/5/2017, Register 221)