00CS FOR HOUSE BILL NO. 32(STA)                                                                                           
01 "An Act relating to administrative proceedings involving a determination of                                             
02 eligibility for a permanent fund dividend or authority to claim a dividend on                                           
03 behalf of another."                                                                                                     
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 43.23.015(g) is amended to read:                                                                    
06  (g)  If an individual is aggrieved by a decision of the department determining                                        
07 the individual's eligibility for a permanent fund dividend or the individual's authority                                
08 to claim a permanent fund dividend on behalf of another, the individual may, upon                                      
09 payment of a $25 appeal fee, request the department to review its decision.  If the                                     
10 individual is aggrieved by the decision of the department after all administrative                                      
11 proceedings, the individual may appeal that decision to the superior court in                                          
12 accordance with AS 44.62.560.  An appeal to the court under this section does not                                     
13 entitle the aggrieved individual to a trial de novo. The appeal shall be based on the                                   
14 record of the administrative proceeding from which appeal is taken and the scope of                                     

01 appeal is limited to matters contained in the record of the administrative proceeding.                                 
02 If, as a result of an administrative proceeding or a court appeal, the individual                                       
03 prevails, the $25 appeal fee shall be returned to the individual by the department.                                    
04    * Sec. 2.  AS 43.23.015 is amended by adding a new subsection to read:                                               
05  (i)  An indigent individual may apply for a waiver of the appeal fee required                                         
06 under (g) of this section.  The department shall prescribe and furnish a form for that                                  
07 purpose.  The department shall grant the waiver if, during the year immediately                                         
08 preceding the year the form is submitted to the department, the individual was a                                        
09 member of a family with an income equal to or less than the federal poverty guidelines                                  
10 for Alaska set by the United States Department of Health and Human Services.