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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 1714. Involuntary transfer: proposed transferee's request for permanent transfer of an entry permit under

20 AAC 05.1714. Involuntary transfer: proposed transferee's request for permanent transfer of an entry permit under

(a) A request for the permanent transfer of an entry permit under AS 16.43.170 (g) due to an execution on the holder's interest in that permit must be made on the form designated Request for Permanent Transfer of Entry Permit Due to Involuntary Action, provided by the commission.

(b) A proposed transferee under AS 16.43.170 (g) shall complete the Request for Permanent Transfer of Entry Permit Due to Involuntary Action form, including the transfer survey portion of that form. On the affidavit portion of the form, the proposed transferee shall swear to the commission under penalty of perjury that the information that the proposed transferee submits to the commission on the form and in all supporting documents and other information provided at any time in support of the request is true; that the transfer is not in violation of AS 16.43.150 (g) or 20 AAC 05.1705; and that the proposed transferee is not prohibited by law or court order from participating in the transfer. The proposed transferee's signature on the affidavit portion of the form must be witnessed by a notary public or postmaster. If the proposed transferee fails to complete and sign the request form as required, the commission will deny the request for permanent transfer of the entry permit.

(c) A transfer request under this section must include an accurate and complete copy of any written transfer agreement for the permit and any written agreements for the use or subsequent transfer of the permit. If there is an oral agreement for the transfer of the permit or an oral agreement for the use or subsequent transfer of the permit, a written statement containing all terms and conditions of the oral agreement or agreements shall be submitted to the commission with the request form. If the proposed transferee is a party to such an oral agreement, the proposed transferee shall certify to the commission in writing to the accuracy and completeness of the written statement regarding that agreement; the proposed transferee's signature on the certification must be witnessed by a notary public or postmaster. If the proposed transferee is not a party to any written or oral agreement described in this subsection, the proposed transferee shall certify to that fact to the commission in writing; the proposed transferee's signature on the certification must be witnessed by a notary public or postmaster. A certification required by this subsection must be submitted to the commission with the request form.

(d) A request under this section

(1) may be filed with the commission on or after the effective date of the execution on the holder's interest in that permit; and

(2) must be filed with the commission within 90 days after the date the proposed transferee completed and signed the request form.

(e) A request filed under this section may be withdrawn only upon a written request signed by the proposed transferee. The withdrawal takes effect when the signed request is received by the commission.

History: Eff. 11/13/94, Register 132

Authority: AS 16.43.100

AS 16.43.110 (a)

AS 16.43.150 (g)

AS 16.43.170


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Last modified 7/05/2006