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(3) repealed 1/1/2011;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(7) repealed 1/1/2003;
(8) repealed 1/1/2003;
(9) repealed 1/1/2003;
(10) repealed 1/1/2003;
(11) repealed 1/1/2003;
(12) repealed 1/1/2003;
(13) repealed 1/1/2003;
(14) repealed 1/1/2003;
(15) repealed 1/1/2003;
(16) repealed 1/1/2003;
(17) repealed 1/1/2003;
(18) repealed 1/1/2003;
(19) repealed 1/1/2003;
(20) repealed 1/1/2003;
(21) repealed 1/1/2003;
(22) repealed 1/1/2003;
(23) repealed 1/1/2003;
(24) repealed 1/1/2003;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

15 AAC 23.253
Eff. 1/1/93, Register 124; am 10/8/94, Register 131; am 3/30/95, Register 133; am 11/20/96, Register 140; am 4/18/97, Register 142; am 8/22/97, Register 143; am 1/1/99, Register 148; am 1/1/2000, Register 152; am 1/1/2002, Register 160; am 1/1/2003, Register 164; am 1/1/2005, Register 172; 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 1/1/2011, Register 196

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

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.