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.

History: Eff. 1/1/93, Register 124; am 11/20/96, Register 140; am 4/18/97, Register 142

Authority: AS 43.23.005

AS 43.23.015

AS 43.23.055

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