Section 11.67.895. Procedure.

	(a)  The applicant must present proof of the period of residency required by AS 38.05.940(b), using any proof satisfactory to the commissioner under 11 AAC 67.010, to support the veterans' land discount application. If, in demonstrating eligibility to participate in the land disposal, the discount applicant has already proved state residency for at least one year immediately preceding the date of sale, the applicant need not present any additional documentation of residency. However, an applicant who was on active duty service during any portion of the claimed period of residency must present proof that the applicant's home of record was Alaska during that period by filing a Department of Defense form DD 2058, State of Legal Residence Certificate, authenticated as an extract of the applicant's military personnel file, or equivalent documentation acceptable to the commissioner.  
	(b)  The applicant must present proof of AS 38.05.940(b)'s requirement of at least 90 days' active duty served in the U.S. armed forces, or proof that tenure was shortened due to the circumstances allowed by AS 38.05.940(b)(3), and must submit proof that the applicant received an honorable discharge or a general discharge under honorable conditions, as required by AS 38.05.940(b), by filing a Department of Defense form DD 214, Report of Separation from Active Duty, or equivalent documentation satisfactory to the commissioner showing the length of service, duty status, the character of the discharge, and the home of record.  
	(c)  If the commissioner determines that an applicant is ineligible for a discount, the department will send the applicant written notice of the determination within 30 days after receiving the required information. The applicant may, within 30 days after receipt of the determination, ask the commissioner for a reconsideration of the determination.  
	(d)  If an applicant paid a down payment based on a veterans' land discount for which the applicant is later determined ineligible, the additional amount due on the down payment must be paid before the contract is executed.  

Authorities

38.05.020;38.05.940

Notes

Reference

11 AAC 67.893
11 AAC 67.897

Authority

AS 38.05.020 AS 38.05.940

History

Eff. 8/16/89, Register 111