Alaska Statutes
Alaska Stat. § 43.23.015 (2026)
Application and proof of eligibility
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 43.23.015. Application and proof of eligibility.
(a) The commissioner shall adopt regulations under the Administrative Procedure Act (AS 44.62) for determining the eligibility of individuals for permanent fund dividends. The commissioner may require an individual to provide proof of eligibility, and the commissioner may use other information available from other state departments or agencies to determine the eligibility of an individual. The commissioner shall consider all relevant circumstances in determining the eligibility of an individual. However, the residency of an individual's spouse may not be the principal factor relied upon by the commissioner in determining the residency of the individual.
(b) The department shall prescribe and furnish an application form for claiming a permanent fund dividend. The application must include
(1) notice of the penalties provided for under AS 43.23.270;
(2) a statement of eligibility and a certification of residency;
(3) the means for an applicant eligible to vote under AS 15.05, or a person authorized to act on behalf of the applicant, to furnish information required by AS 15.07.060(a)(1) — (4) and (7) — (9), and an attestation that such information is true.
(c) Except as provided in (d) of this section or as may be provided by regulations adopted by the department, an individual must personally sign the application for permanent fund dividends, including the certification of residency required under (b) of this section.
(d) The application and certification of residency of an unemancipated individual under 18 years of age or of a disabled or an incompetent individual must be signed by the individual's parent, legal guardian, or other authorized representative. An individual may complete, sign, and file an application on behalf of a member of the armed forces of the United States who is serving on active duty outside of the United States if the individual has a power of attorney from the member of the armed forces that authorizes, in specific or general terms, the individual to file that application.
(e) If a public agency claims a permanent fund dividend on behalf of an individual, the public agency shall hold the dividend in trust for the individual. Money held in trust under this subsection shall be invested by the commissioner in accordance with AS 37.10.070.
(f) A minor or a disabled or an incompetent individual may not maintain a claim against the state or an officer or employee of the state based on the manner in which the parent, guardian, or authorized representative other than a public agency of the state managed or disposed of permanent fund dividends received on behalf of the minor or disabled or incompetent individual.
(g) If an individual is aggrieved by a decision of the department determining the individual's eligibility for a permanent fund dividend or the individual's authority to claim a permanent fund dividend on behalf of another, the individual may, upon payment of a $25 appeal fee, request the department to review its decision. Within 12 months after the administrative appeal is filed, the department shall provide the individual with a final written decision. If the individual is aggrieved by the decision of the department after all administrative proceedings, the individual may appeal that decision to the superior court in accordance with AS 44.62.560. An appeal to the court under this section does not entitle the aggrieved individual to a trial de novo. The appeal shall be based on the record of the administrative proceeding from which appeal is taken and the scope of appeal is limited to matters contained in the record of the administrative proceeding. If, as a result of an administrative proceeding or a court appeal, the individual prevails, the $25 appeal fee shall be returned to the individual by the department.
(h) The penalty and enforcement provisions of AS 43.23.270 apply to an individual who claims a permanent fund dividend on behalf of another.
(i) An indigent individual may apply for a waiver of the appeal fee required under (g) of this section. The department shall prescribe and furnish a form for that purpose. The department shall grant the waiver if, during the year immediately preceding the year the form is submitted to the department, the individual was a member of a family with an income equal to or less than the federal poverty guidelines for Alaska set by the United States Department of Health and Human Services.
(j) The application form for claiming a permanent fund dividend must include a place for the applicant to voluntarily indicate that the applicant is a veteran, the branch of service, including the Alaska Territorial Guard, and the dates of service. Notwithstanding AS 43.23.110, the department shall release information provided under this subsection to the Department of Military and Veterans' Affairs and may not otherwise release the information. The Department of Military and Veterans' Affairs may only release the information to congressionally chartered veterans service organizations in the state. The application form must contain notice that providing the information under this subsection is voluntary, that the information will be released as provided in this subsection, and that the veterans service organizations are not required to keep it confidential.
(a) The commissioner shall adopt regulations under the Administrative Procedure Act (AS 44.62) for determining the eligibility of individuals for permanent fund dividends. The commissioner may require an individual to provide proof of eligibility, and the commissioner may use other information available from other state departments or agencies to determine the eligibility of an individual. The commissioner shall consider all relevant circumstances in determining the eligibility of an individual. However, the residency of an individual's spouse may not be the principal factor relied upon by the commissioner in determining the residency of the individual.
(b) The department shall prescribe and furnish an application form for claiming a permanent fund dividend. The application must include
(1) notice of the penalties provided for under AS 43.23.270;
(2) a statement of eligibility and a certification of residency;
(3) the means for an applicant eligible to vote under AS 15.05, or a person authorized to act on behalf of the applicant, to furnish information required by AS 15.07.060(a)(1) — (4) and (7) — (9), and an attestation that such information is true.
(c) Except as provided in (d) of this section or as may be provided by regulations adopted by the department, an individual must personally sign the application for permanent fund dividends, including the certification of residency required under (b) of this section.
(d) The application and certification of residency of an unemancipated individual under 18 years of age or of a disabled or an incompetent individual must be signed by the individual's parent, legal guardian, or other authorized representative. An individual may complete, sign, and file an application on behalf of a member of the armed forces of the United States who is serving on active duty outside of the United States if the individual has a power of attorney from the member of the armed forces that authorizes, in specific or general terms, the individual to file that application.
(e) If a public agency claims a permanent fund dividend on behalf of an individual, the public agency shall hold the dividend in trust for the individual. Money held in trust under this subsection shall be invested by the commissioner in accordance with AS 37.10.070.
(f) A minor or a disabled or an incompetent individual may not maintain a claim against the state or an officer or employee of the state based on the manner in which the parent, guardian, or authorized representative other than a public agency of the state managed or disposed of permanent fund dividends received on behalf of the minor or disabled or incompetent individual.
(g) If an individual is aggrieved by a decision of the department determining the individual's eligibility for a permanent fund dividend or the individual's authority to claim a permanent fund dividend on behalf of another, the individual may, upon payment of a $25 appeal fee, request the department to review its decision. Within 12 months after the administrative appeal is filed, the department shall provide the individual with a final written decision. If the individual is aggrieved by the decision of the department after all administrative proceedings, the individual may appeal that decision to the superior court in accordance with AS 44.62.560. An appeal to the court under this section does not entitle the aggrieved individual to a trial de novo. The appeal shall be based on the record of the administrative proceeding from which appeal is taken and the scope of appeal is limited to matters contained in the record of the administrative proceeding. If, as a result of an administrative proceeding or a court appeal, the individual prevails, the $25 appeal fee shall be returned to the individual by the department.
(h) The penalty and enforcement provisions of AS 43.23.270 apply to an individual who claims a permanent fund dividend on behalf of another.
(i) An indigent individual may apply for a waiver of the appeal fee required under (g) of this section. The department shall prescribe and furnish a form for that purpose. The department shall grant the waiver if, during the year immediately preceding the year the form is submitted to the department, the individual was a member of a family with an income equal to or less than the federal poverty guidelines for Alaska set by the United States Department of Health and Human Services.
(j) The application form for claiming a permanent fund dividend must include a place for the applicant to voluntarily indicate that the applicant is a veteran, the branch of service, including the Alaska Territorial Guard, and the dates of service. Notwithstanding AS 43.23.110, the department shall release information provided under this subsection to the Department of Military and Veterans' Affairs and may not otherwise release the information. The Department of Military and Veterans' Affairs may only release the information to congressionally chartered veterans service organizations in the state. The application form must contain notice that providing the information under this subsection is voluntary, that the information will be released as provided in this subsection, and that the veterans service organizations are not required to keep it confidential.
Notes of Decisions
Cited in 10
cases, 1992–2012 · leading case: State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993).
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993). “Second, if the legislature intended only a procedural meaning, AS 43.23.015(a) would be superfluous because of the presence of section .”
Handley v. State, Dep't of Revenue, 838 P.2d 1231 (Alaska 1992). “He construed AS 43.23.015 to mean that "the Applicant's signing of a PFD application constitutes a claim of eligibility predicated on the facts contained in the application.”
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “AS 43.23.015(a). 49 . Id. 50 . Id. 51 . Cosio,”
Anderson v. State, Dep't of Revenue, 26 P.3d 1106 (Alaska 2001). “See AS 43.23.015(g) (authorizing judicial review of PFD appeals); AS 44.”
Tea ex rel. A.T., 278 P.3d 1262 (Alaska 2012). “115(a) ("[OCS] shall annually apply for a permanent fund dividend and retain in trust under AS 43.23.015(e) for the benefit of the child the dividend and accrued interest on the dividend if the child is in the custody of [OCS] when the application is due.”
State v. Otness, 986 P.2d 890 (Alaska Ct. App. 1999). “[6] See AS 43.23.015(a). [7] Cosio, 858 P.2d at 625 .”
Church v. State, Dep't of Revenue, 973 P.2d 1125 (Alaska 1999). “Since neither the statute nor the regulation specifically listed the reason for Church’s absence, and he was gone longer than 180 days, the Division was required to deny him a PFD. The regulation is clear and Church does not allege that the Division misinterpreted it; instead,…”
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Bradley, 896 P.2d 237 (Alaska 1995). “015(a) provides: The commissioner shall adopt regulations under the Administrative Procedure Act (AS 44.62) for determining the eligibility of individuals for permanent fund dividends.”
Brodigan v. Alaska Dep't of Revenue, 900 P.2d 728 (Alaska 1995). “175(e)(6) explains that an absence may be allowed for applicants receiving medical treatment if the absence “does not include a seasonal or permanent change of residence.”
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Hale, 978 P.2d 1276 (Alaska 1999). “In amending AS 43.23.015 the legislature considered and rejected language which stated that "the residency of the individual’s spouse may not be the only factor relied upon” (Committee Substitute for Senate Bill 327, 17th Leg.”
— Alaska Stat. § 43.23.015(a) — 7 cases
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993). “Second, if the legislature intended only a procedural meaning, AS 43.23.015(a) would be superfluous because of the presence of section .”
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “AS 43.23.015(a). 49 . Id. 50 . Id. 51 . Cosio,”
State v. Otness, 986 P.2d 890 (Alaska Ct. App. 1999). “[6] See AS 43.23.015(a). [7] Cosio, 858 P.2d at 625 .”
Church v. State, Dep't of Revenue, 973 P.2d 1125 (Alaska 1999). “Since neither the statute nor the regulation specifically listed the reason for Church’s absence, and he was gone longer than 180 days, the Division was required to deny him a PFD. The regulation is clear and Church does not allege that the Division misinterpreted it; instead,…”
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Bradley, 896 P.2d 237 (Alaska 1995). “015(a) provides: The commissioner shall adopt regulations under the Administrative Procedure Act (AS 44.62) for determining the eligibility of individuals for permanent fund dividends.”
— Alaska Stat. § 43.23.015(e) — 1 case
Tea ex rel. A.T., 278 P.3d 1262 (Alaska 2012). “115(a) ("[OCS] shall annually apply for a permanent fund dividend and retain in trust under AS 43.23.015(e) for the benefit of the child the dividend and accrued interest on the dividend if the child is in the custody of [OCS] when the application is due.”
— Alaska Stat. § 43.23.015(g) — 1 case
Anderson v. State, Dep't of Revenue, 26 P.3d 1106 (Alaska 2001). “See AS 43.23.015(g) (authorizing judicial review of PFD appeals); AS 44.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.