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Title 3 . Commerce, Community, and Economic Development
Chapter 132 . Small Municipality Energy Assistance Program
Section 160. Overpayment and adjustment

3 AAC 132.160. Overpayment and adjustment

(a) If the department determines that a payment that a municipality or regional educational attendance area received under the national forest receipts program exceeded the amount that the municipality or regional educational attendance area was entitled to receive during an application year, the department either will

(1) request that the excess payment be returned to the state; or

(2) reduce the municipality's or regional educational attendance area's payment during the following application year.

(b) If the commissioner or the commissioner's designee determines that it is in the best interests of the state and the municipality or regional educational attendance area, the commissioner or the commissioner's designee will reduce the municipality's or regional educational attendance area's payment under (a)(2) of this section over a period of not more than three application years.

(c) The commissioner or the commissioner's designee will waive the return of the overpayment if the commissioner or the commissioner's designee determines that

(1) the municipality or regional educational attendance area reasonably and in good faith relied upon the department's determination of the amount of the payment; and

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

History: Eff. 10/23/94, Register 132

Authority: AS 41.15.180

AS 44.33.020


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Last modified 7/05/2006