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Title 3 . Commerce, Community, and Economic Development
Chapter 130 . Small Municipality Energy Assistance Program
Section 121. Overpayment and adjustment

3 AAC 130.121. Overpayment and adjustment

(a) Except as otherwise provided in this section, if the payment that an applicant receives under this chapter exceeds the amount that that applicant is entitled to receive during the entitlement year, the department will either request the applicant to return the excess to the state or will reduce the applicant's entitlement for the next entitlement year by the difference between the amount received and the amount that the applicant was entitled to receive.

(b) If the commissioner determines that it is in the best interests of the state and the applicant involved, the commissioner will, in his or her discretion, extend the adjustment period over three entitlement years.

(c) The commissioner will, in his or her discretion, waive the return of the overpayment if

(1) the applicant reasonably and in good faith relied upon the department's determination of the applicant's entitlement; and

(2) the reason for the overpayment was all or in substantial part departmental error.

History: Eff. 8/20/81, Register 79; am 5/23/85, Register 94; am 10/17/85, Register 96

Authority: AS 44.33.020


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Last modified 7/05/2006