11 AAC 67.907. Procedure

(a) The applicant shall present proof of residency, length of residency, and intent to make Alaska his continuous residence, using any proof satisfactory to the director under 11 AAC 67.010, to support his land discount application.

(1) If, in demonstrating his eligibility to participate in the land disposal, the discount applicant has already proved continuous residency for the whole period for which he is claiming a discount, he need not present any additional documentation except for the affidavit that may be required under (2) of this subsection.

(2) To show whether the applicant has been physically present in the state for the 12 months immediately preceding the application, an applicant who was absent during that time for any single period of more than 30 days shall give, by affidavit, the dates of and the reason for each such absence. The applicant shall justify that the absence was in no way contrary to his intent to maintain residency in Alaska. The applicant bears the burden of proof.

(b) The director shall make a written determination of the applicant's eligibility and the amount of discount within 30 days after receiving the required information.

(c) In accordance with 11 AAC 02, the applicant may appeal the director's determination to the commissioner within 30 calendar days after the date of delivery of the determination.

(d) At the time of final determination, the applicant may withdraw the application and thereby reserve his land discount right for a later sale, but only if the final determination would result in a discount less than that applied for.

(e) If the purchaser paid a down payment based on a discount greater than that for which he is finally determined eligible, or based on a discount application that is later withdrawn, he shall immediately pay the additional down payment due, including interest.

History: Eff. 5/13/79, Register 70; am 11/7/90, Register 116

Authority: AS 38.04.900

AS 38.05.020

Former AS

38.05.058

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