EO 116



Under the authority of art. III, sec. 23, of the Alaska Constitution, and in accordance with AS 24.08.210, I order the following:

* Section 1. FINDING. As governor, I find that the transfer of certain hearing and appeal functions of the Department of Health and Social Services to the office of administrative hearings (AS 44.64.010) in the Department of Administration would be in the best interest of efficient administration. This action will further the development of coordinated central administrative hearing process in the state.

* Sec. 2. AS 18.07.081(a) is amended to read:

(a) The department, a member of the public who is substantially affected by activities authorized by the certificate, or another applicant for a certificate of need may initiate a hearing conducted by the office of administrative hearings (AS 44.64.010) to obtain modification, suspension, or revocation of an existing certificate of need by filing an accusation with the commissioner as prescribed under AS 44.62.360. A revocation, modification, or suspension of an outstanding certificate may not be undertaken unless it is in accordance with AS 44.62.330 - 44.62.630.

* Sec. 3. AS 18.20.330(a) is amended to read:

(a) Notwithstanding AS 44.62.330 - 44.62.630, the department, by regulation, shall establish a hearing procedure by which a nursing facility may present evidence to refute a deficiency found by the department, and by which it may appeal, in a hearing conducted by the office of administrative hearings (AS 44.64.010), a sanction imposed by order of the department under AS 18.20.310. A request for a hearing shall be made in writing within 10 days after service of the department's order on the nursing facility. Except for an order that takes effect immediately under AS 18.20.310(b)(1), a request under this subsection has the effect of staying the department's order until the hearing is concluded and the department makes a final determination.

* Sec. 4. AS 44.64.030(a)(40) is amended to read:

(40) AS 47.45.050 [AS 47.45] (longevity bonuses).

* Sec. 5. AS 44.64.030(a) is amended by adding new paragraphs to read:

(41) AS 18.07 (certificate of need program);

(42) AS 18.20 (hospitals and nursing facilities);

(43) AS 47.05 (assistance programs);

(44) AS 47.07 (medical assistance for needy persons);

(45) AS 47.25 (public assistance);

(46) AS 47.27 (Alaska temporary assistance program);

(47) AS 47.37.130 (alcohol safety action program);

(48) AS 47.37.140 (treatment facilities);

(49) AS 47.45.306 (Alaska senior benefits payment program).