Made available by Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.

You can also go to The Alaska Legal Resource Center or search the entire website search.

Touch N' Go, the DeskTop In-and-Out Board makes your office run smoother. Visit Touch N' Go's Website to see how.
Title 4 . Education and Early Development
Chapter 64 . (Repealed)
Section 70. Wrongfully obtained benefits; repayment; sanctions

4 AAC 64.070. Wrongfully obtained benefits; repayment; sanctions

(a) If the department has reasonable evidence of wrongfully obtained benefits by a provider, the department will conduct a preliminary review of the provider's records.

(b) If, as a result of the preliminary review, the department determines that an investigation is warranted, the department will send written notification of an investigation to the provider.

(c) A provider may continue to participate in the program during a review or investigation under this section. If a review or investigation results in no finding of wrongfully obtained benefits, the department will close the file for the case and will notify the provider of the file closure.

(d) If, after an investigation, the department determines that benefits were wrongfully obtained, the provider shall repay the amount wrongfully obtained under a repayment plan established with the department. If a participating provider defaults on a repayment plan, the provider is suspended from program participation for the remainder of the provider's existing grant period except that if the payments are brought current during the existing grant period, and unless a sanction under (e) of this section is also in effect, the provider will be reinstated for the remainder of that grant period. If a provider is in default on a repayment plan, the provider is ineligible to apply for a grant.

(e) In addition to the sanctions in (d) of this section, the provider is subject to the following sanctions:

(1) for a first violation, the provider is suspended from program participation for a period of two months, regardless of whether the amount wrongfully obtained has been, or is being, repaid;

(2) for a second violation, the provider's existing grant is terminated and the provider is permanently ineligible to apply for a grant, regardless of whether the amount wrongfully obtained has been, or is being, repaid.

(f) If a provider refuses to cooperate during a review or investigation under this section, the department will, in its discretion,

(1) suspend the provider from program participation during the remainder of the provider's existing grant period; or

(2) terminate the provider's existing grant; if the provider's existing grant is terminated under this paragraph, the provider is permanently ineligible to apply for a grant.

(g) A provider whose grant is terminated under this section shall return all unexpended grant money.

History: Eff. 9/12/97, Register 143

Authority: AS 14.07.060

AS 14.38.160


Note to HTML Version:

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006