15 AAC 23.103 - Application generally

Current through April 6, 2022

(a) An individual must use a form prescribed by the department to apply for a dividend. An application signed, delivered, or postmarked before the application period begins is not a valid application. A prescribed application form must be received by the department or postmarked during the application period set by AS 43.23.011 to be considered timely filed. An application mailed before, but postmarked after, the end of the application period is not timely filed. If the envelope in which the application was mailed bears both a private meter stamp and a United States Postal Service or foreign postal service postmark, the department will disregard the meter stamp and use the postal service postmark to determine timely filing.
(b) An application may be made on behalf of an individual after that individual has died only if the
(1) individual died
(A) after the 180-day period of time in the qualifying year as specified in AS 43.23.005(h); in order to be eligible for purposes of43.23.005(h) and this subparagraph, the death certificate for the individual who has died must reflect the 181st calendar day or later of the qualifying year as announced by the department; or
(B) during the period of time specified in AS 43.23.011; or
(2) application was signed by the individual or the individual's authorized representative before the individual's death.
(c) An individual applying for a dividend must provide a current mailing and physical address with the application. If a corrected address for the individual is provided to the department by the United States Postal Service or foreign postal service, the department may use that address. If the individual's mailing or physical address changes before the dividend is paid or during the appeal or collection process, the individual must notify the department in writing of the change in address. Except in the case of a minor parent filing on behalf of that parent's own minor child under 15 AAC 23.113(b) (1)(C), the department will not implement a change of address requested by an individual who is a minor unless the individual submits proof satisfactory to the department of emancipation with the request.
(d) An individual born outside Alaska who is filing for a dividend for the first time must submit a certified copy of the individual's birth certificate issued by the official agency of the other state or country responsible for recording births, or must submit an original passport or an original United States naturalization certificate. An individual born in Alaska who is filing for a dividend for the first time need not submit a certified copy of the individual's birth certificate. However, if the individual was born in Alaska and the department is unable to confirm the birth with Alaska's division of public health, vital statistics, the individual must submit a certified copy of the individual's Alaska birth certificate.
(e) Absences that total more than 90 days during the qualifying year must be disclosed on the application. Any absence since January 1 of the qualifying year must be disclosed upon request of the department.
(f) Except as provided in AS 43.23.015(d), 15 AAC 23.113, and 15 AAC 23.123, an individual applying for a dividend must personally sign the certification of residency and eligibility contained on the application form. The department will deny an application if the certification is altered, unless the alteration does not substantially change the content of the certification.
(g) It is an individual's responsibility to ensure that an application is timely delivered to the department. A paper application must be timely delivered to the department during normal business hours or delivered to the post office in sufficient time to be postmarked before the end of the application period. The department will deny a paper application postmarked after the application period, unless the individual provides the department with an official statement from the United States Postal Service or a foreign postal service that describes the specific circumstances under which the postal service incorrectly posted the individual's application or caused a delay in posting. An online application must be received electronically by the department by midnight Alaska Daylight Time on the last day of the application period. An applicant's proof of timely filing an online application is a copy of the computer-generated page containing the permanent fund dividend confirmation number received by the applicant after completing the online filing process that shows that the online application was timely delivered to the department.
(h) If an individual has timely filed an application but the department does not have that application on file, the individual may submit a request to reapply on or before December 31 of the dividend year. A request to reapply must be accompanied by one of the following forms of evidence that an application was timely filed with the department:
(1) a mailing receipt;
(2) a mailing return receipt documenting delivery to the department, or a receipt issued by the department;
(3) a copy of the computer-generated page containing the permanent fund dividend confirmation number received by the applicant after completing the online filing process;
(4) if the previous application was filed on or after January 1, 2009, a notarized affidavit in which the individual attests that the individual mailed or submitted the previous application timely, or a sponsor applying on behalf of the individual attests that the sponsor mailed or submitted the previous application timely; an individual may request to reapply under this paragraph only once during the individual's lifetime.
(i) Unless the department has initiated a criminal investigation involving the individual or the application, an individual may withdraw an application at any time before payment by notifying the department in writing. An individual may retract the withdrawal only during the application period by filing a new application before the end of the application period. After the application period closes, the department will not honor a retraction of the withdrawn application.
(j) The department will deny an application if the department determines that an individual intentionally, recklessly, or negligently provided false information or omitted material facts, including failure to disclose a reportable absence to the department.
(k) An electronic signature satisfies the personal signature requirements of (f) of this section if the electronic signature is
(1) executed or adopted by the individual with the intent to attest to a statement concerning the applicant's residency and eligibility;
(2) verified by the electronic signature verification system designated by the commissioner of administration and established in 2 AAC 05.200 - 2 AAC 05.295; and
(3) is securely linked to the application form and stored together with the application as one document.
(l) Repealed 5/22/2016.
(m) The application must include the names, addresses, and telephone numbers of adult Alaska residents who can attest to facts relating to the individual's length of residence and physical presence in Alaska.
(n) In this section,
(1) "electronic signature" has the meaning given in AS 09.80.190;
(2) "statement" has the meaning given in AS 11.56.240.

Notes

15 AAC 23.103
Eff. 1/1/93, Register 124; am 10/8/94, Register 131; am 3/30/95, Register 133; am 8/24/95, Register 135; am 1/1/99, Register 148; am 1/1/2000, Register 152; am 1/1/2002, Register 160; am 1/1/2003, Register 164; add'l am 1/1/2003, Register 164; am 1/1/2005, Register 172; am 1/1/2006, Register 176; am 1/1/2007, Register 180; am 1/1/2008, Register 184; am 1/1/2009, Register 188; am 1/1/2010, Register 192; am 6/5/2011, Register 198; am 5/22/2016, Register 218, July 2016

As of Register 179 (October 2006), and acting under AS 44.62.125(b)(6), the regulations attorney made a technical revision to 15 AAC 23.103(n)(1) (formerly 15 AAC 23.103(l)(1)), and made technical revisions to the authority citation following 15 AAC 23.103. These changes reflect ch. 110, SLA 2004, which repealed former AS 09.25.500 - 09.25.520 and relocated authority concerning electronic transactions to AS 09.80.150 - 09.80.190 (Uniform Electronic Transactions Act).

Authority: AS 09.80.150

AS 09.80.160

AS 09.80.190

AS 43.05.290

AS 43.23.005

AS 43.23.011

AS 43.23.015

AS 43.23.035

AS 43.23.055

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