15 AAC 23.183 - Individuals identified as incarcerated for certain offenses
(a) If the
Department of Corrections or the Department of Public Safety advises the
department in writing that the Department of Corrections or the Department of
Public Safety incorrectly identified an individual as being incarcerated or
sentenced as the result of a conviction for an offense as described in
AS
43.23.005(d), the department
will reverse a denial issued as a result of the Department of Corrections or
the Department of Public Safety error even if the individual does not have an
appeal of the denial pending before the department or the court.
(b) An individual who was correctly
identified as incarcerated or sentenced for an offense as described in
AS
43.23.005(d), and
consequently was denied a dividend, may appeal a denial of a dividend issued
under AS
43.23.005(d) within 60 days
of the reversal or vacating of the disqualifying convictions for which the
individual was incarcerated or sentenced. The department will overturn any
denial of an individual who
(1) has a valid
appeal of the individual's dividend denial pending before the department or a
court;
(2) can demonstrate to the
department's satisfaction that all disqualifying convictions for which the
individual was incarcerated or sentenced during the qualifying year for that
dividend have been vacated or reversed; and
(3) is otherwise eligible for the
dividend.
Notes
Authority:AS 43.23.005
AS 43.23.015
AS 43.23.055
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