Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 1712. Voluntary transfer: permit holder's request for permanent transfer of entry permit under

20 AAC 05.1712. Voluntary transfer: permit holder's request for permanent transfer of entry permit under

(a) A permit holder's request for the permanent transfer of the holder's entry permit under AS 16.43.170 (b) shall be made on the form designated Holder's Request for Permanent Transfer of Entry Permit, provided by the commission.

(b) The holder and the proposed transferee shall complete the Holder's Request for Permanent Transfer of Entry Permit form, including the transfer survey portion of that form. On the affidavit portion of the request form, the holder and the proposed transferee each shall swear to the commission under penalty of perjury that, to that person's knowledge, the information submitted to the commission on the form and in all supporting documents and other information provided at any time in support of the transfer request is true; that the transfer is not in violation of AS 16.43.150 (g) or 20 AAC 05.1705; and that neither the holder nor the proposed transferee is prohibited by law or court order from participating in the transfer. The holder's and proposed transferee's signature on the affidavit portion of the form must be witnessed by a notary public or postmaster. If the holder or proposed transferee fails to complete and sign the request form as required, the commission will deny the holder's request for permanent transfer of the entry permit.

(c) A holder's transfer request under this section must include an accurate and complete copy of any written transfer agreement for the permit and any written agreements for the use or subsequent transfer of the permit. If there is an oral agreement for the transfer of the permit or any oral agreement for the use or subsequent transfer of the permit, a written statement containing all terms and conditions of the oral agreement or agreements shall be submitted to the commission with the holder's request form. If either the holder or the proposed transferee is a party to such an oral agreement, that person shall certify to the commission in writing to the accuracy and completeness of the written statement regarding that agreement; the holder's or proposed transferee's signature on the certification must be witnessed by a notary public or postmaster. If either the holder or proposed transferee is not a party to any written or oral agreement described in this subsection, that person shall certify to that fact to the commission in writing; the holder's or proposed transferee's signature on the certification must be witnessed by a notary public or postmaster. A certification required by this subsection shall be submitted to the commission with the holder's request form.

(d) A holder's request under this section

(1) may be filed with the commission on or after the effective date of the holder's notice form filed under 20 AAC 05.1710;

(2) must be filed with the commission on or before the expiration date of the holder's notice form filed under 20 AAC 05.1710; and

(3) must be filed with the commission within 90 days after the holder completed and signed the Holder's Request for Permanent Transfer of Entry Permit form.

(e) A holder's request filed under this section may be withdrawn only upon a written request signed by both the holder and the proposed transferee. The withdrawal takes effect when the signed request is received by the commission.

History: Eff. 11/13/94, Register 132

Authority: AS 16.43.100

AS 16.43.110 (a)

AS 16.43.150 (g)

AS 16.43.170