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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 1721. Determination of need regarding permit holder

20 AAC 05.1721. Determination of need regarding permit holder

(a) Upon receipt under 20 AAC 05.1714 of a request for transfer that is approvable under 20 AAC 05.1718(a)(1) - (a)(5), the commission will notify the permit holder in writing that the holder may apply to the commission for a determination of need.

(b) Application for a determination of need must be made to the commission, on a form provided by the commission, within 30 days after the holder receives notice from the commission under (a) of this section.

(c) Upon request by the commission, an applicant under this section shall produce documentation of the facts supporting the application and shall furnish any other information that the commission finds necessary to support the application. If the required documentation or information in support of an application is not submitted to the commission within 60 days after notification that the supporting documentation or other information is required, the commission will deny the application.

(d) The commission will base its determination of need under this section on evidence that tends to show the reasonably available means of support for the permit holder and for those dependent upon the permit holder, including earnings of the permit holder from any source and support provided by the permit holder to those dependent upon the holder. The commission will not consider any form of public assistance as a reasonably available means of support for the permit holder or for those dependent upon the permit holder.

(e) The commission will not accept a waiver of the permit holder's right to request a determination of need unless the waiver is submitted to the commission

(1) after notice is given under (a) of this section; and

(2) on the form designated waiver of Right to Determination of Need, provided by the commission.

(f) In this section, "determination of need" means the commission's determination that a permit holder has demonstrated that the holder's permit is a necessary means of support for the holder and those dependent upon the holder.

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

Authority: AS 16.43.100

AS 16.43.110 (a)

AS 16.43.170


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Last modified 7/05/2006