- Alaska Statutes.
- Title 43. Revenue and Taxation
- Chapter 23. Permanent Fund Dividends
- Section 35. Penalties and Enforcement.
previous: Section 33
. Subpoena Power.
next: Section 40
. Penalties and Enforcement. [Repealed, Sec. 22 Ch 102 SLA 1982].
AS 43.23.035. Penalties and Enforcement.
- (a) In addition to any criminal penalties imposed by state law, if an individual is convicted of a crime in connection
with a false statement made in a certification required under AS 43.23.015
, and the conviction is not reversed, that individual forfeits all permanent fund dividends paid and is not eligible
for a future permanent fund dividend.
- (b) If the commissioner determines that a permanent fund dividend should not have been claimed by or paid to an
individual, the commissioner may use all collection procedures or remedies available for collection of taxes under this
title to recover the payment of a permanent fund dividend that was improperly made. A notice of an improperly paid
dividend must be sent to the individual within
- (1) three years after the improper payment is sent; or
- (2) six years after the improper payment is sent if the commissioner determines that the individual exercised gross
negligence or recklessly disregarded a material fact in connection with a false statement made in an application.
- (c) In addition to any criminal penalties imposed by state law, if the department finds that an
individual, in claiming a permanent fund dividend, or an individual, in certifying another person's
eligibility, willfully misrepresents, exercises gross negligence with respect to, or recklessly disregards a material fact
pertaining to, eligibility, the department may issue an order against the individual for the
- (1) forfeiture of the dividend;
- (2) imposition of a civil fine of up to $3,000; and
- (3) loss of eligibility to receive the next five dividends following the forfeited dividends.
- (d) If notice is not sent within the time required under (b) of this section, administrative or judicial proceedings may
not be commenced for recovery of an improperly paid dividend. The time limitations of (b) of this section do not apply
if a dividend is forfeited under (a) of this section or if it is more probable than not that an individual has
committed a crime in connection with a false statement made in an application.
- (e) The provisions of AS 43.23.015 (g) and (i) apply to a request for review of, and
to appeal of, a decision under (c) of this section by an individual aggrieved by the decision. When all appeals have been
exhausted under this chapter or the time when all of the appeals that could have been taken has expired, the order issued
imposing a civil fine, forfeiture, or loss of eligibility becomes final and enforceable in the same manner as a judgment of
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.