Section 43.23.015. Application and proof of eligibility.

   (a) The commissioner shall adopt regulations under the Administrative Procedure Act (AS 44.62) for determining the eligibility of individuals for permanent fund dividends. The commissioner may require an individual to provide proof of eligibility, and the commissioner may use other information available from other state departments or agencies to determine the eligibility of an individual. The commissioner shall consider all relevant circumstances in determining the eligibility of an individual. However, the residency of an individual's spouse may not be the principal factor relied upon by the commissioner in determining the residency of the individual.
   (b) The department shall prescribe and furnish an application form for claiming a permanent fund dividend. The application must include notice of the penalties provided for under AS 43.23.035 and contain a statement of eligibility and a certification of residency.
   (c) Except as provided in (d) of this section or as may be provided by regulations adopted by the department, an individual must personally sign the application for permanent fund dividends, including the certification of residency required under (b) of this section.
   (d) The application and certification of residency of an unemancipated individual under 18 years of age or of a disabled or an incompetent individual must be signed by the individual's parent, legal guardian, or other authorized representative. An individual may complete, sign, and file an application on behalf of a member of the armed forces of the United States who is serving on active duty outside of the United States if the individual has a power of attorney from the member of the armed forces that authorizes, in specific or general terms, the individual to file that application.
   (e) If a public agency claims a permanent fund dividend on behalf of an individual, the public agency shall hold the dividend in trust for the individual. Money held in trust under this subsection shall be invested by the commissioner in accordance with AS 37.10.070.
   (f) A minor or a disabled or an incompetent individual may not maintain a claim against the state or an officer or employee of the state based on the manner in which the parent, guardian, or authorized representative other than a public agency of the state managed or disposed of permanent fund dividends received on behalf of the minor or disabled or incompetent individual.
   (g) If an individual is aggrieved by a decision of the department determining the individual's eligibility for a permanent fund dividend or the individual's authority to claim a permanent fund dividend on behalf of another, the individual may, upon payment of a $25 appeal fee, request the department to review its decision. Within 12 months after the administrative appeal is filed, the department shall provide the individual with a final written decision. If the individual is aggrieved by the decision of the department after all administrative proceedings, the individual may appeal that decision to the superior court in accordance with AS 44.62.560. An appeal to the court under this section does not entitle the aggrieved individual to a trial de novo. The appeal shall be based on the record of the administrative proceeding from which appeal is taken and the scope of appeal is limited to matters contained in the record of the administrative proceeding. If, as a result of an administrative proceeding or a court appeal, the individual prevails, the $25 appeal fee shall be returned to the individual by the department.
   (h) The penalty and enforcement provisions of AS 43.23.035 apply to an individual who claims a permanent fund dividend on behalf of another.
   (i) An indigent individual may apply for a waiver of the appeal fee required under (g) of this section. The department shall prescribe and furnish a form for that purpose. The department shall grant the waiver if, during the year immediately preceding the year the form is submitted to the department, the individual was a member of a family with an income equal to or less than the federal poverty guidelines for Alaska set by the United States Department of Health and Human Services.
   (j) The application form for claiming a permanent fund dividend must include a place for the applicant to voluntarily indicate that the applicant is a veteran, the branch of service, including the Alaska Territorial Guard, and the dates of service. Notwithstanding AS 43.23.017, the department shall release information provided under this subsection to the Department of Military and Veterans' Affairs and may not otherwise release the information. The Department of Military and Veterans' Affairs may only release the information to congressionally chartered veterans service organizations in the state. The application form must contain notice that providing the information under this subsection is voluntary, that the information will be released as provided in this subsection, and that the veterans service organizations are not required to keep it confidential.

Authorities

22.10.025;43.23.035;43.23.062;47.10.115

Notes

Recent Bills that will modify this

HB 365 INCOME TAX; PERMANENT FUND TAX CREDIT

Implemented As

15 AAC 05.001
15 AAC 05.010
15 AAC 05.020
15 AAC 05.030
15 AAC 05.035
15 AAC 05.040
15 AAC 23.103
15 AAC 23.113
15 AAC 23.123
15 AAC 23.133
15 AAC 23.143
15 AAC 23.154
15 AAC 23.163
15 AAC 23.173
15 AAC 23.183
15 AAC 23.193
15 AAC 23.203
15 AAC 23.223
15 AAC 23.243
15 AAC 23.253
15 AAC 23.993

References

15 AAC 05.020
15 AAC 23.103
15 AAC 23.223
15 AAC 23.243
15 AAC 23.253
15 AAC 23.993
AS 22.10.025 Powers of superior court in action for divorce, separation, or child support.
AS 43.23.035 Penalties and enforcement.
AS 43.23.062 Contributions from dividends.
AS 47.10.115 Permanent fund dividend.

History

(Sec. 1 ch 102 SLA 1982; am Sec. 2 ch 159 SLA 1988; am Sec. 4 ch 107 SLA 1989; am Sec. 2, 3 ch 68 SLA 1990; am Sec. 47 ch 21 SLA 1991; am Sec. 2 ch 68 SLA 1991; am Sec. 10, 11 ch 4 SLA 1992; am Sec. 1, 2 ch 18 SLA 1996; am Sec. 1 ch 83 SLA 2005; am Sec. 1 ch 90 SLA 2008)