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Sec. 47.45.035. Unpaid sabbaticals. [Repealed, § 4 ch 78 SLA 2002.] Sec. 47.45.040. Disqualification. Disqualification under AS 47.45.010 — 47.45.160 shall rest solely with the commissioner of health and shall be outlined in the regulations adopted under AS 47.45.100. Sec. 47.45.045. Reapplication after disqualification. [Repealed, § 4 ch 78 SLA 2002.] Sec. 47.45.050. Department hearing. The Department of Health may arrange with the office of administrative hearings (AS 44.64.010) to hold a hearing upon the request of an applicant or recipient who has been disqualified. Before this hearing, the department shall, by certified mail, notify an applicant or recipient in plain and comprehensive language the exact reason for the disqualification. Form letters using only referral to state statutes or department regulations, or otherwise vague in detail, are not considered compliance by the department with this section. Sec. 47.45.060. Legal remedy. Legal remedy from disqualification may be sought by an applicant or recipient in any court of competent jurisdiction in the state. The burden of proof shall rest solely upon the applicant or recipient and any costs related to a disqualification verdict determined against the applicant or recipient may be recoverable by the attorney general from that person, or from any agency representing that person supported in whole, or in part, with state appropriations. Sec. 47.45.070. Unqualified persons. (a) An unqualified person is one who (1) does not meet the age or residence requirements as provided for under AS 47.45.010 — 47.45.160; (2) meets the age and residence requirements of AS 47.45.010 — 47.45.160 but either is confined in a state or federal mental health institution or facility and is certified by the state as unable to manage personal affairs, or resides in a nursing home as that term is defined in AS 08.70.180; however, if that person, at the time of commitment or commencement of residence, provided the principal support of a spouse, the commissioner of health may determine to pay the confined person's bonus to the person's spouse until the spouse is qualified for a bonus; (3) is otherwise qualified but confined in a penal or correctional institution or facility; upon completion of sentence or upon the conferral of a pardon, parole, or probation, the person may make application; confinement outside the state shall be considered as residence in the state if a person was convicted and sentenced from a court in Alaska; revocation of parole or probation shall be cause for immediate disqualification until release from confinement is again effected; (4) is permanently disqualified under AS 47.45.030(c); (5) did not apply, under AS 47.45.010(a), before January 1, 1997, for qualification to receive a longevity bonus; (6) was found qualified to receive a longevity bonus and was subsequently permanently disqualified under former AS 47.45.030(b) or former AS 47.45.045. (b) Notwithstanding (a)(2) of this section, a person who meets the age and residence requirements of AS 47.45.010 — 47.45.160 qualifies for the bonus during any period of residence in a nursing home that does not exceed 90 consecutive days if the bonus is exempt from