3 AAC 130.094. Determination of most qualified entity

(a) If the department receives an application for state aid to unincorporated communities under AS 29.60.140 from more than one entity in the same community, the director will, in the director's discretion,

(1) attempt to mediate the dispute informally; or

(2) instead of, or after attempting, mediation, call for written submissions by all interested parties; after receiving the written submissions, the director

(A) will make a written determination on the matter, including reasons for the determination, and will mail the determination to the interested parties; or

(B) will, after notice, convene an informal public meeting at which the views and arguments of all interested parties may be stated orally and on the record; following the public meeting the director will issue a written determination on the matter, including reasons for the determination, and will mail it to the interested parties.

(b) The grounds for determination of the most qualified applicant include the following:

(1) administrative capability of each applicant;

(2) the degree to which each applicant is representative of the community; and

(3) the purposes for which the applicant intends to spend the state aid.

(c) An applicant may appeal to the commissioner the written determination of the director made under (a) of this section. The appeal must be in writing and must be postmarked within 15 days after the applicant received the written determination. The appeal must include relevant evidence in support of the applicant's claim. No later than 15 days after receipt of the appeal, the commissioner will decide the appeal. Immediately following the commissioner's decision, written notification, containing a statement of the decision and the reasons for it, will be sent to the applicant.

History: Eff. 10/18/87, Register 104

Authority: AS 29.60.140

AS 29.60.180

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