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Title 3 . Commerce, Community, and Economic Development
Chapter 132 . Small Municipality Energy Assistance Program
Section 150. Underpayment and adjustment

3 AAC 132.150. Underpayment and adjustment

(a) A municipality or regional educational attendance area may submit a request for adjustment if the municipality or the regional educational attendance area believes that an underpayment was made. A request for adjustment under this section must be made in writing to the commissioner and must be postmarked on or before August 1 of the application year following the application year in which the underpayment was made. The request must include evidence to demonstrate a good faith effort by the municipality or regional educational attendance area to comply with the provisions of this chapter and must include documentation in support of the adjustment.

(b) Not later than 15 days after receipt of the request for adjustment, the commissioner or the commissioner's designee will make a determination and will notify the municipality or regional educational attendance area of the decision in writing by certified mail. The written decision is the agency's final administrative decision for purposes of appeal to the superior court.

(c) Upon a determination by the commissioner or the commissioner's designee that the municipality or regional educational attendance area made a good faith effort to comply with the provisions of this chapter and that an underpayment was made, the department will adjust the payment during the application year in which the request for adjustment was made. The adjustment will be the difference between the amount that the municipality or regional educational attendance area received and the amount it was entitled to receive.

(d) If the commissioner or the commissioner's designee determines that the municipality or regional educational attendance area did not make a good faith effort to comply with the provisions of this chapter or that an underpayment was not made, the request for adjustment will be denied.

History: Eff. 10/23/94, Register 132; am 1/6/2005, Register 173

Authority: AS 41.15.180

AS 44.33.020


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Last modified 7/05/2006