15 AAC 23.173 - Proof of eligibility
Current through April 6, 2022
(a) An individual must indicate, on forms
prescribed by the department, information required by the department that will
support the claim of residency and physical presence in Alaska as required by
AS
43.23.005.
(b) The department will, in its discretion,
require an individual to provide other information to accompany the
individual's application. If the department notifies an individual that the
information included on, or provided with, the application form is insufficient
for any reason, the individual must provide the additional information as
requested by the department. If the other information requested by the
department is not available at the time of application or the request, the
individual must specify why the information is not available, and the date by
which the information will be submitted to the department.
(c) An individual must provide all
information requested by the department for processing within 30 days after the
date of the request. Information delivered to the department or postmarked
within 30 days after the date of the request is considered timely. An
individual may request, for good cause, an extension of the 30 days to respond
to a department request for information. If the department determines that good
cause exists and grants an extension, the department will determine the time
period of the extension on a case-by-case basis. Information not timely
received will not be considered in the initial eligibility determination;
however, it may be considered on subsequent appeal.
(d) If an individual has not provided all
information for processing requested by the department within 30 days after the
date of the request or the time period granted in an extension under (c) of
this section, the application will be denied.
(e) An individual whose spouse is not a
resident eligible for a dividend must provide documentation that demonstrates
an intent to remain indefinitely in Alaska despite the nonresidency of the
individual's spouse. The department will, in its discretion, require additional
proof of the individual's intent to remain in Alaska.
(f) An individual described in this
subsection may be eligible to receive a dividend if, with the application, the
individual provides documentation that demonstrates to the department's
satisfaction an intent to remain indefinitely in Alaska despite the nature of
the individual's employment in Alaska. The department may require additional
proof of the individual's intent to remain in Alaska. This subsection applies
to
(1) an individual transferred to Alaska on
temporary assignment by the individual's employer for a definite period of
time;
(2) an individual who is
employed in Alaska on a seasonal basis;
(3) an individual who is working in Alaska
under a contract that requires the employer to return the individual to a place
outside of Alaska at the end of the contract; or
(4) an individual who is employed in Alaska
but who maintains a home or other abode outside Alaska to which the individual
regularly travels.
(g)
Proof bearing on an individual's intent to remain indefinitely in Alaska might
be any proof acceptable to the department, including
(1) a contract to move household goods to
Alaska, except when there is a contract to move household goods from Alaska at
the end of the individual's employment;
(2) proof of home ownership, a home purchase
contract, rent receipts, or other proof that the individual maintains a
principal place of abode in Alaska, except when housing is provided as a part
of an employment contract;
(3)
employment and unemployment records, including a copy of the leave and earnings
statement of a military member for
(A)
December of the year before the qualifying year; and
(B) the most recent month;
(4) tax records;
(5) school records;
(6) voter registration and voting
records;
(7) motor vehicle
registration records;
(8) licensing
records; or
(9) court or other
government agency records; or
(10)
repealed 5/22/2016.
(h)
Proof of physical presence in Alaska might be any proof acceptable to the
department, including
(1) records or receipts
of airlines, the Alaska Marine Highway system, or other carriers;
(2) hotel receipts;
(3) traffic citations;
(4) repealed 1/1/2002;
(5) affidavits or certifications by adult
residents acquainted with or related to the applicant who have personal
knowledge of the applicant's physical presence in Alaska.
(6) other documentation of completed travel
that displays this state as the point of origin or
destination.
(i) The
burden of proof rests on an individual claiming an allowable absence to prove
that the individual has maintained, at all times during the absence, the intent
to return and remain indefinitely in Alaska.
(j) If an individual is denied under (d) of
this section, the department will reverse the denial if the
(1) only reason the individual was denied was
because the individual failed to provide requested information for processing
timely;
(2) individual timely
requests an informal conference under
15 AAC 05.020; and
(3) requested information is provided by the
time of the individual's informal conference;
(4) repealed 8/24/95;
(5) repealed 8/24/95.
Notes
Authority: AS 43.23.015
AS 43.23.055
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.