00CONFERENCE CS FOR HOUSE BILL NO. 32                                                                                     
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, upon                                      
09 payment of a $25 appeal fee, request the department to review its decision.                                             
10 Within 12 months after the administrative appeal is filed, the department shall                                         
11 provide the individual with a final written decision.  If the individual is aggrieved                                   
12 by the decision of the department after all administrative proceedings, the                                            
13 individual may appeal that decision to the superior court in accordance with                                            
14 AS 44.62.560.  An appeal to the court under this section does not entitle the                                         

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