15 AAC 23.253 - Disclosure
Current through April 6, 2022
(a) Except to the extent required under
AS
24.20.271,
AS
24.55.160-24.55.170,
AS
43.23.015, and
43.23.017 for the administration
of the dividend program, and as provided in this section, information provided
regarding an individual's application is confidential. Except as provided in
(e) of this section, the department will release information provided regarding
an individual's application to that individual or to an authorized
representative of the individual.
(b) The following information is subject to
release by the department under the following conditions:
(1) to an individual, including a
representative of an agency, who has filed an application on behalf of another
individual, information regarding the eligibility status of that other
individual;
(2) to any of two or
more competing sponsors of an applicant, information regarding the status of
the applicant's eligibility;
(3)
repealed 1/1/2011;
(4) to a process
server or plaintiff identified on a writ of execution by case number or court
of origin, information related to payments made by the department to the
process server or court and the status of a payment due the process server or
court;
(5) to a financial
institution with a specific dividend warrant number, whether a stop payment has
been placed on that warrant;
(6) to
a person who makes a written request and pays the fee under
15 AAC 23.263(a),
if applicable, the names of applicants in an electronic medium and format
specified by the department;
(7)
repealed 1/1/2003;
(8) repealed
1/1/2003;
(9) repealed
1/1/2003;
(10) repealed
1/1/2003;
(11) repealed
1/1/2003;
(12) repealed
1/1/2003;
(13) repealed
1/1/2003;
(14) repealed
1/1/2003;
(15) repealed
1/1/2003;
(16) repealed
1/1/2003;
(17) repealed
1/1/2003;
(18) repealed
1/1/2003;
(19) repealed
1/1/2003;
(20) repealed
1/1/2003;
(21) repealed
1/1/2003;
(22) repealed
1/1/2003;
(23) repealed
1/1/2003;
(24) repealed
1/1/2003;
(25) to the general
public, the names of applicants in a format set by the department; information
disclosed under this paragraph is available from the department's web
site;
(26) upon written request and
approval from the department, to governmental agencies, information for use in
administering programs, collecting debts, and for use in official
investigations.
(c)
Notwithstanding (b) of this section, the department will only release bank,
credit union, or savings and loan account information provided by an individual
under 15 AAC 23.223(b)
(2) if the department
(1) receives authorization from the
individual to release the information;
(2) receives a court order directing the
release;
(3) receives a request as
part of a criminal investigation; or
(4) makes use of the information to recover
an assessment under
15 AAC 23.233.
(d) Repealed 1/1/2003.
(e) A request for information that is denied
may be appealed to the director of the department's permanent fund dividend
division as provided in
2
AAC 96.335 -
2
AAC 96.350.
(f) If an informant contacts the department
with information that might potentially disqualify another individual from
receiving a dividend, the informant's name and identity is confidential and
will not be disclosed to the extent permitted by law.
(g) The department will provide a paper list
of the information available through (b)(25) of this section, if the person
(1) makes a written request; and
(2) pays the required fee under
15 AAC 23.263, if the request is
for more than 500 names.
(h) If a governmental agency wants disclosure
of information other than names available under (b)(26) and (g) of this
section, the governmental agency must make a written request and sign a written
agreement on a form or in a format prescribed by the department. The agreement
must contain
(1) an acknowledgement by the
requester that the requester understands that the information is
confidential;
(2) a list of uses
that may be made of the information;
(3) a statement by the requester agreeing to
(A) use the information only for those items
listed in this subsection;
(B)
ensure each subordinate employee given access to the information is required to
sign an acknowledgement containing the provisions of this subsection;
(C) not release the information to other
parties;
(D) store the information
in a secure place; and
(4) an acknowledgement by the requester that
the requester understands the applicable provisions of
AS
11.56.860 or
5 U.S.C.
552 a (Privacy Act of 1974) regarding the
misuse of confidential information.
(i) After entering all timely applications
into its database, the department will
(1)
create an electronic file containing the
(A)
name of each individual who has voluntarily indicated on the application form
that the individual is a veteran;
(B) individual's mailing address;
(C) name of the branch of service in which
that individual served; and
(D)
dates of service; and
(2) provide the electronic file to the
Department of Military and Veterans' Affairs.
Notes
As of Register 176 (January 2006), and acting under AS 44.62.125(b)(6), the regulations attorney made a technical change to 15 AAC 23.253(e), to reflect Executive Order 113 (2005). Executive Order 113 eliminated the Telecommunications Information Council and transferred its functions related to public information and records to the governor and to the Department of Administration.
As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 15 AAC 23.253.
Authority: Art. I, sec. 22,
Ak Const.
AS 43.23.015
AS 43.23.017
AS 43.23.021
AS 43.23.055
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