3 AAC 180.140 - Overpayment, adjustment, and assignment.
(a) If the amount
that an entity receives under this chapter exceeds the amount that the entity
is entitled to receive under
AS
29.60.855 and
29.60.860, the department will
either request the entity to return the excess to the state or will reduce the
entity's payment for the next distribution by the difference between the amount
received and the amount that the entity was entitled to receive.
(b) If the department determines that it is
in the best interests of the state and the entity involved, the department may
extend the adjustment period over three years.
(c) The commissioner may waive the return of
the overpayment if
(1) the entity reasonably
and in good faith relied upon the department's determination of the entity's
payment; and
(2) the reason for the
overpayment was all or in substantial part departmental error.
(d) If a loss of services
essential to the public health and safety is imminent, an entity receiving
community assistance payments may assign any portion of the current year
program payment directly to a third party approved by the commissioner.
Notes
Authority:AS 29.60.855
AS 29.60.860
AS 44.33.020
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