8 AAC 85.225. Claim against permanent fund dividend

(a) The division will execute upon an individual's permanent fund dividend under AS 43.23.072 if the individual

(1) has received an overpayment under AS 23.20.390 ;

(2) has been sent by the division notice under AS 23.20.390 that repayment is required and failed to repay the overpayment under 8 AAC 85.220;

(3) remains in default for repayment of an amount owed to the department that may include overpayments, penalties, fines, attorney fees, costs, and other amounts as described in AS 43.23.072 (f);

(4) failed to comply with, or has exhausted, the administrative remedies provided in this section; and

(5) has been sent notice by the division of the permanent fund dividend claim as described in AS 43.23.072 and this section.

(b) The division shall notify the individual of the default on the repayment of the amount owed, and the division's intent to execute upon the individual's permanent fund dividend under (a) of this section by mailing a demand letter to the individual's last address of record provided to the division by the individual or a more recent address obtained by the division by other means. The division will not execute upon an individual's permanent fund dividend under this section if the individual, within 60 days from the date of the demand letter, brings the debt out of default by remitting payment in full on the amount owed.

(c) Beginning 60 days after the date of the demand letter under (b) of this section, the division may issue a final notice to an individual that remains in default to the mailing address provided on the individual's permanent fund dividend application to serve notice that

(1) the individual's permanent fund dividend, or a portion of the permanent fund dividend not to exceed the amount of the claim, will be paid to the Department of Labor and Workforce Development in accordance with the priorities established in AS 43.23.065 , and that the action described in this paragraph is the final administrative action unless the individual files an appeal under (2) of this subsection; and

(2) the individual may file an appeal in person, by mail, or by telephone objecting to paying the claim from the individual's permanent fund dividend and request a hearing before an appeal tribunal appointed under AS 23.20.410 within 30 days of the date of the final notice.

(d) A hearing for an appeal requested under (c)(2) of this section shall be conducted in the manner described in AS 23.20.420 , AS 23.20.430 , 8 AAC 85.153, and 8 AAC 85.154. The hearing

(1) is limited to the issues of identity of the individual and whether an amount is still owing on the claim under AS 23.20; and

(2) may be conducted telephonically or in writing.

(e) The decision of the appeal tribunal is the final administrative action, unless the individual files a written appeal to the commissioner within 30 days after the mailing or personal delivery of the decision of the appeal tribunal. The appeal must contain the reasons for the request and must be filed in accordance with 8 AAC 85.155.

(f) The division will claim the individual's permanent fund dividend no less than 30 days after the date of the final notice letter under (c) of this section, the decision of the appeal tribunal is final, or the decision from an appeal to the commissioner under (e) of this section is final, whichever is later.

(g) If the director is unable under this section to recover all amounts owed by an individual, the director may pursue a civil action against the individual.

History: Eff. 3/3/2001, Register 157

Authority: AS 23.20.045

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