- Alaska Statutes.
- Title 43. Revenue and Taxation
- Chapter 23. Permanent Fund Dividends
- Section 15. Application and Proof of Eligibility.
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AS 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
- (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.
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