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Title 3 . Commerce, Community, and Economic Development
Chapter 130 . Small Municipality Energy Assistance Program
Section 43. Request for adjustment of population determination

3 AAC 130.043. Request for adjustment of population determination

(a) A municipality may request an adjustment of its population determination under 3 AAC 130.042 by submitting a written request to the director, postmarked no later than April 1 of the calendar year. If a municipality requests an adjustment under this section, the municipality shall substantiate the requested adjustment with

(1) a head count census conducted by the municipality in accordance with (c) of this section; or

(2) a housing unit method population estimate conducted by the municipality in accordance with (d) of this section.

(b) If a municipality's request under (a) of this section is postmarked after April 1 of the calendar year, it will be denied by the director as being untimely filed. An appeal to the commissioner regarding that denial, submitted in accordance with 3 AAC 130.044, will be accepted if the applicant shows good cause for missing the postmark deadline.

(c) For the purposes of (a)(1) of this section, a head count census must be conducted in a manner satisfactory to the division. The division will validate the census in accordance with standard census definitions and procedures specified by the division. The municipality shall bear the expense of the census. The governing body of the municipality must pass a resolution adopting the results of the census and the municipality must provide a copy of the resolution to the division.

(d) For the purposes of (a)(2) of this section, a housing unit population estimate must be conducted in a manner satisfactory to the division. The division will validate the estimate in accordance with standard census definitions and procedures specified by the division. The municipality will bear the expense of the estimate. The governing body of the municipality must pass a resolution adopting the results of the estimate and the municipality must provide a copy of the resolution with the estimate results to the division.

(e) A municipality shall, upon request of the director, furnish available information and provide assistance requested by the director necessary to make a determination to grant or deny a municipality's request for adjustment under (a) of this section. The director may prescribe forms, containing procedures, for reporting the information.

(f) The director will, in writing, grant or deny a request for adjustment within 10 days after receipt of the request. The director's response will include the reason for granting or denying the request for adjustment, and a determination of the municipality's population based upon the director's decision to grant or deny the request.

History: Eff. 10/18/87, Register 104; am 12/1/2002, Register 164

Authority: AS 29.60.020

AS 29.60.070


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Last modified 7/05/2006