Title 15 . Revenue

Chapter 23 . (Repealed)

Section 253. Disclosure

15 AAC 23.253. Disclosure

(a) Except to the extent required under AS 24.20.271 and AS 24.55.160 - 24.55.170 for the administration of the dividend program, and as provided in this section, personal information related to an individual's application or dividend, including a dividend eligibility determination made by the department, is confidential. Except as provided in (e) of this section, the department will release information related to an individual's application or dividend to that individual, to an authorized representative of the individual, or to another adult or emancipated minor who filed with the individual.

(b) The following information is subject to release by the department under the following conditions:

(1) to an individual, including a representative of an agency, who has filed an application on behalf of another individual, information regarding the eligibility status of that other individual;

(2) to any of two or more competing sponsors of an applicant, information regarding the status of the applicant's eligibility;

(3) to the Office of the Governor, a legislative office, or a congressional office, if an individual has requested assistance from the governor, legislative office, or congressional office in a matter concerning an application made by the individual as an applicant, authorized representative, or sponsor, information regarding the application filed by that individual or, if the application was submitted with the applications of others in a filing packet, information regarding the application filed by any adult whose application was part of the filing packet;

(4) to a process server or plaintiff identified on a writ of execution by case number or court of origin, information related to payments made by the department to the process server or court and the status of a payment due the process server or court;

(5) to a financial institution with a specific dividend warrant number, whether a stop payment has been placed on that warrant;

(6) to a person who makes a written request and pays the fee under 15 AAC 23.263(a) , if applicable, the names of applicants in an electronic medium and format specified by the department;

(7) repealed 1/1/2003;

(8) repealed 1/1/2003;

(9) repealed 1/1/2003;

(10) repealed 1/1/2003;

(11) repealed 1/1/2003;

(12) repealed 1/1/2003;

(13) repealed 1/1/2003;

(14) repealed 1/1/2003;

(15) repealed 1/1/2003;

(16) repealed 1/1/2003;

(17) repealed 1/1/2003;

(18) repealed 1/1/2003;

(19) repealed 1/1/2003;

(20) repealed 1/1/2003;

(21) repealed 1/1/2003;

(22) repealed 1/1/2003;

(23) repealed 1/1/2003;

(24) repealed 1/1/2003;

(25) to the general public, the names of applicants in a format set by the department; information disclosed under this paragraph is available from the department's web site;

(26) upon written request and approval from the department, to governmental agencies, information for use in administering programs, collecting debts, and for use in official investigations.

(c) Notwithstanding (b) of this section, the department will only release bank, credit union, or savings and loan account information provided by an individual under 15 AAC 23.223(b) (2) if the department

(1) receives authorization from the individual to release the information;

(2) receives a court order directing the release;

(3) receives a request as part of a criminal investigation; or

(4) makes use of the information to recover an assessment under 15 AAC 23.233.

(d) Repealed 1/1/2003.

(e) A request for information that is denied may be appealed to the director of the department's permanent fund dividend division as provided in 2 AAC 96.335 - 2 AAC 96.350.

(f) If an informant contacts the department with information that might potentially disqualify another individual from receiving a dividend, the informant's name and identity is confidential and will not be disclosed to the extent permitted by law.

(g) The department will provide a paper list of the information available through (b)(25) of this section, if the person

(1) makes a written request; and

(2) pays the required fee under 15 AAC 23.263, if the request is for more than 50 names and mailing addresses.

(h) If a governmental agency wants disclosure of information other than names and addresses available under (b)(26) and (g) of this section, the governmental agency must make a written request and sign a written agreement on a form or in a format prescribed by the department. The agreement must contain

(1) an acknowledgement by the requestor that the requestor understands that the information is confidential;

(2) a list of uses that may be made of the information;

(3) a statement by the requestor agreeing to

(A) use the information only for those items listed in this subsection;

(B) ensure each subordinate employee given access to the information is required to sign an acknowledgement containing the provisions of this subsection; and

(C) not release the information to other parties; and

(4) an acknowledgement by the requestor that the requestor understands the applicable provisions of AS 11.56.860 or 5 U.S.C. 552a (Privacy Act of 1974) regarding the misuse of confidential information.

History: Eff. 1/1/93, Register 124; am 10/8/94, Register 131; am 3/30/95, Register 133; am 11/20/96, Register 140; am 4/18/97, Register 142; am 8/22/97, Register 143; am 1/1/99, Register 148; am 1/1/2000, Register 152; am 1/1/2002, Register 160; am 1/1/2003, Register 164; am 1/1/2005, Register 172

Authority: Ak Const.,

Art. I, sec. 22

AS 43.23.015

AS 43.23.055

Editor's note: As of Register 176 (January 2006), and acting under AS 44.62.125 (b)(6), the regulations attorney made a technical change to 15 AAC 23.253(e) , to reflect Executive Order 113 (2005). Executive Order 113 eliminated the Telecommunications Information Council and transferred its functions related to public information and records to the governor and to the Department of Administration.