(a) An individual must use a form prescribed
by the department to apply for a dividend. An application signed, delivered, or
postmarked before the application period begins is not a valid application. A
prescribed application form must be received by the department or postmarked
during the application period set by
AS
43.23.011 to be considered timely filed. An
application mailed before, but postmarked after, the end of the application
period is not timely filed. If the envelope in which the application was mailed
bears both a private meter stamp and a United States Postal Service or foreign
postal service postmark, the department will disregard the meter stamp and use
the postal service postmark to determine timely filing.
(b) An application may be made on behalf of
an individual after that individual has died only if the
(1) individual died
(A) after the 180-day period of time in the
qualifying year as specified in
AS
43.23.005(h); in order to be
eligible for purposes of43.23.005(h) and
this subparagraph, the death certificate for the individual who has died must
reflect the 181st calendar day or later of the qualifying year as announced by
the department; or
(B) during the
period of time specified in
AS
43.23.011; or
(2) application was signed by the individual
or the individual's authorized representative before the individual's
death.
(c) An individual
applying for a dividend must provide a current mailing and physical address
with the application. If a corrected address for the individual is provided to
the department by the United States Postal Service or foreign postal service,
the department may use that address. If the individual's mailing or physical
address changes before the dividend is paid or during the appeal or collection
process, the individual must notify the department in writing of the change in
address. Except in the case of a minor parent filing on behalf of that parent's
own minor child under
15 AAC 23.113(b) (1)(C), the department will not implement a
change of address requested by an individual who is a minor unless the
individual submits proof satisfactory to the department of emancipation with
the request.
(d) An individual born
outside Alaska who is filing for a dividend for the first time must submit a
certified copy of the individual's birth certificate issued by the official
agency of the other state or country responsible for recording births, or must
submit an original passport or an original United States naturalization
certificate. An individual born in Alaska who is filing for a dividend for the
first time need not submit a certified copy of the individual's birth
certificate. However, if the individual was born in Alaska and the department
is unable to confirm the birth with Alaska's division of public health, vital
statistics, the individual must submit a certified copy of the individual's
Alaska birth certificate.
(e)
Absences that total more than 90 days during the qualifying year must be
disclosed on the application. Any absence since January 1 of the qualifying
year must be disclosed upon request of the department.
(f) Except as provided in
AS
43.23.015(d),
15 AAC 23.113, and
15 AAC 23.123, an individual
applying for a dividend must personally sign the certification of residency and
eligibility contained on the application form. The department will deny an
application if the certification is altered, unless the alteration does not
substantially change the content of the certification.
(g) It is an individual's responsibility to
ensure that an application is timely delivered to the department. A paper
application must be timely delivered to the department during normal business
hours or delivered to the post office in sufficient time to be postmarked
before the end of the application period. The department will deny a paper
application postmarked after the application period, unless the individual
provides the department with an official statement from the United States
Postal Service or a foreign postal service that describes the specific
circumstances under which the postal service incorrectly posted the
individual's application or caused a delay in posting. An online application
must be received electronically by the department by midnight Alaska Daylight
Time on the last day of the application period. An applicant's proof of timely
filing an online application is a copy of the computer-generated page
containing the permanent fund dividend confirmation number received by the
applicant after completing the online filing process that shows that the online
application was timely delivered to the department.
(h) If an individual has timely filed an
application but the department does not have that application on file, the
individual may submit a request to reapply on or before December 31 of the
dividend year. A request to reapply must be accompanied by one of the following
forms of evidence that an application was timely filed with the department:
(1) a mailing receipt;
(2) a mailing return receipt documenting
delivery to the department, or a receipt issued by the department;
(3) a copy of the computer-generated page
containing the permanent fund dividend confirmation number received by the
applicant after completing the online filing process;
(4) if the previous application was filed on
or after January 1, 2009, a notarized affidavit in which the individual attests
that the individual mailed or submitted the previous application timely, or a
sponsor applying on behalf of the individual attests that the sponsor mailed or
submitted the previous application timely; an individual may request to reapply
under this paragraph only once during the individual's lifetime.
(i) Unless the department has
initiated a criminal investigation involving the individual or the application,
an individual may withdraw an application at any time before payment by
notifying the department in writing. An individual may retract the withdrawal
only during the application period by filing a new application before the end
of the application period. After the application period closes, the department
will not honor a retraction of the withdrawn application.
(j) The department will deny an application
if the department determines that an individual intentionally, recklessly, or
negligently provided false information or omitted material facts, including
failure to disclose a reportable absence to the department.
(k) An electronic signature satisfies the
personal signature requirements of (f) of this section if the electronic
signature is
(1) executed or adopted by the
individual with the intent to attest to a statement concerning the applicant's
residency and eligibility;
(2)
verified by the electronic signature verification system designated by the
department; and
(3) is securely
linked to the application form and stored together with the application as one
document.
(l) Repealed
5/22/2016.
(m) The application must
include the names, addresses, and telephone numbers of adult Alaska residents
who can attest to facts relating to the individual's length of residence and
physical presence in Alaska.
(n) In
this section,
(1) "electronic signature" has
the meaning given in
AS
09.80.190;
(2) "statement" has the meaning given in
AS
11.56.240.
Notes
15 AAC 23.103
Eff. 1/1/93, Register 124; am 10/8/94, Register 131; am 3/30/95,
Register 133; am 8/24/95, Register 135; am 1/1/99, Register 148; am 1/1/2000,
Register 152; am 1/1/2002, Register 160; am 1/1/2003, Register 164; add'l am
1/1/2003, Register 164; am 1/1/2005, Register 172; am 1/1/2006, Register 176;
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 6/5/2011, Register 198; am
5/22/2016,
Register
218, July 2016; am 12/23/2022,
Register
244, January 2023
As of Register 179 (October 2006), and acting under
AS
44.62.125(b)(6), the
regulations attorney made a technical revision to
15 AAC 23.103(n)(1) (formerly
15 AAC 23.103(l)(1)), and made technical
revisions to the authority citation following
15 AAC 23.103. These changes
reflect ch. 110, SLA 2004, which repealed former
AS
09.25.500 -
09.25.520 and relocated authority
concerning electronic transactions to
AS
09.80.150-09.80.190 (Uniform Electronic
Transactions Act).
Authority:AS
09.80.150
AS 09.80.160
AS 09.80.190
AS 43.05.290
AS 43.23.005
AS 43.23.011
AS 43.23.015
AS 43.23.035
AS
43.23.055