Alert rule test fails in time series dashboard using Loki as data source

When testing an alert rule for a time series dashboard using Loki as the data source the test fails with the following error:
"request handler response error {Run out of attempts while querying the server A <nil> [] [] 0xc0026c6720}"

The query does return data to the dashboard
sum(count_over_time({app=“tutor-proxy”} |~ “x509: certificate has expired or is not yet valid” [1m])) by (pod)

Grafana is v8.4.2 deployed to a K8 cluster using the community helm chart.

Can you confirm: are you using the new Grafana Alerting platform (first released in Grafana 8) or the legacy alerting platform? Legacy alerting was very closely tied to dashboards…:

https://grafana.com/docs/grafana/next/alerting/migrating-alerts/

Using the Legacy alerts