§ 21.50.140. Reconsideration and appeal.

A.

Within 14 days of issuance of the written decision a party that participated in the hearing may request reconsideration of a hearing officer's decision based only on the following criteria:

1.

The hearing officer overlooked, misapplied, or failed to consider a code provision directly controlling;

2.

The hearing officer overlooked or misconceived a material fact;

3.

The hearing officer overlooked or misconceived a material question in the case; or

4.

Fraud or misrepresentation by a party.

B.

Motions for reconsideration are prohibited more than fourteen (14) days after the hearing officer's written decision is issued.

C.

The hearing officer shall rule on a motion for reconsideration or request the other party to respond within ten days after the date of filing the motion with the borough clerk. If ten days pass without the hearing officer issuing a decision on the motion, the motion is considered denied. The motion for reconsideration shall not be granted without giving the parties not filing the motion an opportunity to respond to the motion. Where an opposition to the motion for reconsideration has been requested by the hearing officer and filed with the borough clerk by the respondent, the hearing officer shall issue a written decision on the matter.

D.

The filing of a motion for reconsideration suspends the time in which an appeal must be taken to superior court. The time period in which to file an appeal shall begin when the hearing officer issues the decision on reconsideration or ten days after the motion for reconsideration is filed if the hearing officer does not issue a decision on the motion.

E.

An appeal from a hearing officer decision under this section may be filed in the superior court within 30 days after the date of distribution of the hearing officer decision to the parties, and is governed by Part 6 of the Alaska Rules of Appellate Procedure. A hearing officer decision remains in effect while an appeal is pending unless stayed by the superior court.

(Ord. No. 2011-34, § 2, 10-11-11)