Section 3.180.110. Determination of social unit.

	(a)  The following factors shall be considered as presumptive evidence that individuals permanently residing in a community are considered a social unit under AS 29.60.879(1) for purposes of determining community eligibility under AS 29.60.865:  
		(1) the geographic area in which the persons reside is not disproportionate in size to that number of persons; in determining whether this standard has been met consideration shall be made to the physical topography of the area, the use of the land, land ownership patterns, and other factors that could affect population density; an area with a population density of at least 14 persons per square mile is considered to have met this standard;  
		(2) persons residing in that area are a discrete and identifiable unit; in determining whether this standard has been met, consideration shall be given to the school enrollment, sources of employment, voter registration, and the permanency of dwelling units; if the area has at least one commercial establishment, and if persons residing in the area do so in permanent dwelling units and their children are enrolled in an operating school in or near the area, this standard is considered to have been met.   
	(b)  Individuals residing in the following places are not considered to be a social unit under AS 29.60.879(1) for purposes of determining community eligibility under AS 29.60.865:  
		(1) a place where public access or the right to reside at the location is restricted;  
		(2) a place that is contiguous to a city and is dependent upon the city to the extent that it exists only because the city exists; or  
		(3) a place provided by an employer that is populated primarily by persons who are required to reside there as a condition of their employment.  

Authorities

29.60.865;29.60.879;44.33.020

Notes

Reference

3 AAC 180.070

Authority

AS 29.60.865 AS 29.60.879 AS 44.33.020

History

Eff. 5/15/2008, Register 186; am 10/8/2008, Register 188