Section 47.25.626. Regional heating assistance program.

   (a) The Department of Health and Social Services may develop a regional Alaska heating program for the administration of AS 47.25.621 - 47.25.626 to provide home heating assistance in a uniform and cost-effective manner in a region of this state if an Alaska Native organization is authorized to implement a federally approved tribal family assistance plan that includes that region and has been awarded a tribal energy assistance grant for a program that includes that region under 42 U.S.C. 8623(d).
   (b) The department may award contracts to implement a program developed under (a) of this section. A contract authorized for delivery of home heating assistance under a regional Alaska heating program under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). Subject to appropriation, a contract under this section must be in an amount that represents a fair and equitable share of the money appropriated for the Alaska affordable heating program under AS 47.25.621 - 47.25.626 to serve the state residents specified in (a) of this section. The authority provided under this section to contract is in addition to the authority to contract in AS 47.05.015 or other law.
   (c) The department may award a contract under this section only to an organization that
        (1) has been awarded a tribal energy assistance grant under 42 U.S.C. 8623(d) for a program that includes that region;
        (2) agrees to administer home heating assistance under AS 47.25.621 - 47.25.626 to state residents in the region; and
        (3) agrees to implement an appeals process as described in (e) of this section.
   (d) Records pertaining to recipients of home heating assistance under a contract awarded under this section are confidential and not subject to disclosure under AS 40.25.100 - 40.25.220.
   (e) An organization that receives a contract under this section shall provide an appeals process to applicants for or recipients of home heating assistance covered by the contract awarded under this section. The appeals process must be the same as the method available under AS 47.25.624, except that the decision reached shall be considered a recommended decision to the department. Within 30 days after receiving a recommended decision, the department shall review the recommended decision and issue a decision accepting or rejecting the recommended decision. If the department rejects the recommended decision, the department shall independently review the record and issue its final decision. The final decision of the department on the matter is appealable to the courts of this state.
   (f) If the department establishes a regional Alaska heating program and awards a contract to provide home heating assistance under this section,
        (1) a person applying for home heating assistance under AS 47.25.621 - 47.25.626 in the region of the state covered by the regional Alaska heating program may obtain home heating assistance from the department only through the organization designated by the department to serve the region;
        (2) the department may require the contractor
             (A) to operate and administer the contract in a manner consistent with the organization's federally approved energy assistance grant and plan; or
             (B) to apply the provisions of AS 47.25.623 to determine eligibility for home heating assistance to a person for whom assistance may be paid under the contract or may allow the contractor to use other criteria to determine that eligibility.

Authorities

36.30.850;47.25.624

Notes

References

AS 36.30.850 Application of this chapter.
AS 47.25.624 Appeal rights.

History

(Sec. 4 ch 31 SLA 2008; am Sec. 34 - 36 ch 83 SLA 2010)