00CS FOR HOUSE BILL NO. 32(FIN) am S                                                                                      
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; and providing for an effective date."                                                                
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, file an                                   
09 administrative appeal with the department.  After completion of an informal                                             
10 conference held as part of the administrative appeal proceeding, the individual                                         
11 may, upon payment of a $25 appeal fee, request a formal hearing before the                                              
12 commissioner.  Within eight months after the administrative appeal is filed, the                                        
13 department shall provide the individual with a final written decision.  If the                                          
14 department fails to provide the written decision within the eight-month period,                                         

01 all issues raised in the administrative appeal shall be considered to have been                                         
02 decided in favor of the individual.  If the individual is aggrieved by the decision                                     
03 of the department after all administrative proceedings, the individual may appeal                                      
04 that decision to the superior court in accordance with AS 44.62.560.  An appeal to the                                 
05 court under this section does not entitle the aggrieved individual to a trial de novo.                                 
06 The appeal shall be based on the record of the administrative proceeding from which                                     
07 appeal is taken and the scope of appeal is limited to matters contained in the record                                   
08 of the administrative proceeding.  If, as a result of an administrative proceeding or                                  
09 a court appeal, the individual prevails, the $25 appeal fee shall be returned to the                                    
10 individual by the department.                                                                                          
11    * Sec. 2.  AS 43.23.015 is amended by adding a new subsection to read:                                               
12  (i)  An indigent individual may apply for a waiver of the appeal fee required                                         
13 under (g) of this section.  The department shall prescribe and furnish a form for that                                  
14 purpose.  The department shall grant the waiver if, during the year immediately                                         
15 preceding the year the form is submitted to the department, the individual was a                                        
16 member of a family with an income equal to or less than the federal poverty guidelines                                  
17 for Alaska set by the United States Department of Health and Human Services.                                            
18    * Sec. 3.  AUTHORIZATION TO ADOPT REGULATIONS.  The Department of Revenue                                            
19 may adopt regulations to implement secs. 1 and 2 of this Act; however, the regulations may                              
20 not be effective before the effective date of those sections.                                                           
21    * Sec. 4.  Sections 1 and 2 of this Act take effect January 1, 1997.                                                 
22    * Sec. 5.  Section 3 of this Act takes effect immediately under AS 01.10.070(c).