15 AAC 125.660. Application for participation in arrears forgiveness program

(a) In order to be considered for the arrears forgiveness program, a parent must submit a written application to the agency. The application must be on a form prescribed by the agency and must be accompanied by all documentation or other information requested by the agency to support the application.

(b) If a parent fails to submit all of the information needed by the agency to process the application or if the agency determines that the case should be referred for modification or other review under 15 AAC 125.663, the agency will notify the parent that the application is insufficient or that a referral for modification or other review is being made. The agency will identify any additional information that the agency needs in order to review the parent's application or to refer the case for modification or other review. If the parent was referred to the agency by a community-based organization under 15 AAC 125.650(a) (3)(A), the agency will notify the referring organization of the request for additional information and will request the organization's assistance in obtaining the necessary information. If the parent fails to provide the additional information within 30 days after the agency sent its notice and request for additional information, the agency will deny the parent's application based on the failure to provide information.

(c) Upon receipt of all necessary information and after completion of any referral under 15 AAC 125.663, the agency will review a parent's application to determine whether the parent meets the eligibility requirements of 15 AAC 125.650. If the agency determines that the parent

(1) meets the eligibility requirements, the agency will prepare and send to the parent a forgiveness agreement under 15 AAC 125.665; or

(2) does not meet the eligibility requirements, the agency will send the parent a notice of denial.

(d) If a parent's application is denied under (b) or (c) of this section, the parent may contest the denial by submitting to the agency a written request for administrative review within 30 days after the notice was sent to the parent. The request must state the specific reasons for the contest and be accompanied by all documents upon which the person requesting the review intends to rely. The agency may reject a request for administrative review if it does not comply with the requirements set out in this subsection. The administrative review is limited to whether a parent has complied with the application and eligibility requirements for participation in the arrears forgiveness program. As necessary to determine whether a parent is eligible for the arrears forgiveness program, the agency may request additional information from the parents or from any other source. The agency will issue an administrative review decision as soon as practicable after receiving the request. An administrative appeal is not available from the administrative review decision issued under this subsection, but the decision is final for the purpose of appeal to the superior court.

(e) If the agency determines at any time after an application has been approved for participation in the arrears forgiveness program that the parent knowingly provided false or incomplete information with the parent's application, the agency may terminate the parent's participation in the program as provided in 15 AAC 125.685.

History: Eff. 4/1/2005, Register 173

Authority: AS 25.27.020

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