Alaska Administrative Code

Except as otherwise provided in a grant agreement or this chapter, the provisions of 20 AAC 40.300 - 20 AAC 40.415 apply to authority grants awarded under 20 AAC 40.200 - 20 AAC 40.270. Notes 20 AAC 40.300 Eff. 10/24/2004, Register 172 Authority:AS 37.14.045 AS 47.30.031 AS 47.30…

The authority will establish the term of a specific grant in the grant document. Notes 20 AAC 40.305 Eff. 10/24/2004, Register 172 Authority:AS 37.14.045 AS 47.30.031 AS 47.30.051 AS 47.30.056 State regulations are updated quarterly; we currently have two versions available. Belo…

A grantee shall, with respect to the financial records and accounts of the grant project, use generally accepted accounting practices and maintain those records and accounts in a manner that permits them to be audited. Notes 20 AAC 40.310 Eff. 10/24/2004, Register 172 Authority:A…

(a) The authority will specify in the grant document the schedule by which payments under the grant are made. To receive a payment, the grantee must submit to the authority any documentation required by this chapter or in the grant document, along with a payment request made on a…

(a) Subject to (b) - (d) of this section, a grantee may use money received under a grant to pay for costs associated with the grant only if the cost is reflected in the budget of the grant project. (b) A grantee must obtain the prior approval of the authority in writing before pa…

(a) A grantee with more than six employees must have written policies relating to employee compensation and benefits, employee leave, employee relocation costs, use of consultants and consultant fees, training, including orientation for new employees, nepotism, and conflicts of i…

(a) A grantee may enter into a subcontract for the performance of an activity required by a grant only if the grantee (1) remains administratively and financially responsible for the activity and is responsible for the performance of the subcontractor; and (2) provides written no…

A grantee shall apply uniform purchasing practices and procedures for the procurement of goods, equipment, and services. The authority may require a grantee to submit these practices and procedures to the authority. Notes 20 AAC 40.335 Eff. 10/24/2004, Register 172 Authority:AS 3…

(a) A grantee shall maintain accurate property records as well as effective inventory, control, and maintenance procedures for non-expendable personal property acquired with the grant. Records must include the following information: (1) a description of the property and the manuf…

(a) A grantee shall report grant income to the authority on a form or in a format prescribed by the authority. (b) A grantee shall use grant income, including the grantee's share of proceeds from the sale of assets of the grant project, to further the objectives of the grant proj…

(a) If a grant requires that the grantee contribute a portion of the project costs from other sources, the authority will specify in the grant either the amount of the required contribution or the proportion of the project cost that the grantee must provide from other sources. In…

(a) Subject to (b) of this section, a grantee may contribute any of the following to satisfy the contribution requirements of a grant:(1) cash, other than cash received as a grant from the authority; (2) real or personal property, including the use of real or personal property; (…

(a) The authority will accept the following methods of determining the value of contributions made under 20 AAC 40.355: (1) for real property, the grantee must determine the value of the contribution by using (A) the fair rental value of the real property, or of that part of the …

(a) For an audit conducted by the authority, the grantee and any subcontractor of the grantee shall provide the auditor with reasonable access to the books, documents, papers, and records of the grantee or subcontractor. The auditor is a representative of the authority. (b) When …

The grantee and a subcontractor of a grantee shall retain grant and subcontract records, including records of the receipt and disposition of grant income, for a period of at least three full calendar years after closure of the grant. If an audit is in progress or audit findings, …

(a) A grantee shall post in conspicuous places, accessible to employees and applicants for employment, at the location of the grantee's grant project, notices setting out the provisions of AS 18.80.220. (b) A grantee shall state, in solicitations or advertisements for employees t…

A grantee shall (1) comply fully with 42 U.S.C. 2000 d, as amended through October 24, 2004, and 42 U.S.C. 12101 - 42 U.S.C. 12213 (Americans with Disabilities Act of 1990), as amended through October 24, 2004; (2) inform and instruct staff members concerning obligations under th…

In a grant project to which federal or state requirements for confidentiality apply, the authority will establish procedures for preserving that confidentiality before the authority awards the grant. The authority will include the procedures as part of the terms of the grant. Not…

(a) In addition to satisfying the applicable requirements of 20 AAC 40.375 - 20 AAC 40.385, in order to receive an authority grant and continue to operate under that grant, a grantee must conduct its activities and operations in accordance with all other applicable state and fede…

(a) A grantee shall submit to the authority, in a format established by the authority, grant project performance reports, financial reports, and evaluations of the grantee's management and operation of the grant project. The grantee shall prepare the reports and evaluations in ac…

(a) The authority may monitor and evaluate the performance and progress of a grant project. (b) When it is cost-efficient or otherwise effective to do so, the authority may enter into a contract to provide for monitoring and evaluation of a grant project under (a) of this section…

(a) The scope and nature of activities for which grant money may be expended, and other terms and requirements of a grant project may not be changed without prior written approval of the authority. A request for approval of a change in the terms or requirements of a grant project…

(a) If a grantee fails to comply with the terms of the grant or of 20 AAC 40.300 - 20 AAC 40.415, the authority may suspend or terminate the grant. The authority will give the grantee written notice of the grantee's failure to comply at least 15 calendar days before a suspension …

An applicant for a grant or a grantee may protest the following decisions of the authority in accordance with 20 AAC 40.900: (1) a final decision denying an application for a small projects grant under 20 AAC 40.210; (2) a determination under 20 AAC 40.260(d) that a request for a…

(a) The DSM-5 is adopted by reference for the purposes of 20 AAC 40.500 - 20 AAC 40.590. (b) The ICD-10-CM is adopted by reference for the purposes of 20 AAC 40.500 - 20 AAC 40.590. Notes 20 AAC 40.500 Eff. 10/24/2004, Register 172; am 3/12/2016, Register 217, April 2016 Copies o…

(a) A person in one or more of the groups listed in AS 47.30.056(b) and as more specifically described in AS 47.30.056(d) - (g) and 20 AAC 40.520 - 20 AAC 40.550 is a beneficiary of the trust. (b) In addition to persons described in (a) of this section, a person shall also be con…

(a) Subject to (b) of this section, people with mental illness are persons who can be diagnosed using the DSM-5 with a disorder comparable to those listed in AS 47.30.056(d)(1) - (8) or with an equivalent disorder using the ICD-10-CM. (b) In addition to persons described in (a) o…

(a) Subject to (b) of this section, people with developmental disabilities are persons who (1) can be diagnosed using the DSM-5 with a mental disorder usually first diagnosed in infancy, childhood, or adolescence that is comparable to a disorder listed in AS 47.30.056(e)(1) - (6)…

(a) Subject to (b) of this section, people with alcoholism are persons who can be diagnosed using the DSM-5 with an alcohol induced disorder comparable to those listed in AS 47.30.056(f)(1) - (6) or with a comparable disorder using the ICD-10-CM. (b) In addition to persons descri…

(a) Subject to (b) of this section, people with Alzheimer's disease or related dementia are persons who (1) can be diagnosed using the DSM-5 with delirium, dementia, amnestic, or other cognitive disorders comparable to those listed in AS 47.30.056(g)(1) - (4) or with a comparable…

A person who is not a beneficiary of the trust under 20 AAC 40.510 may receive mental health services paid for by the trust if the comprehensive program provides for those services or if providing those services is otherwise consistent with the authority's guiding principles, ado…

In 20 AAC 40.500 - 20 AAC 40.590, (1) "DSM-5" means the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published in 2013 by the American Psychiatric Association, and adopted by reference in 20 AAC 40.500(a); (2) "ICD-10-CM" means the International Classific…

The Asset Management Policy Statement, adopted by the board on January 28, 2015, sets out the board's policies and practices for management of trust assets and accounts. The January 28, 2015 Asset Management Policy Statement is adopted by reference. Notes 20 AAC 40.600 Eff. 10/24…

(a) Revenues received from the management of trust land will be allocated between principal and income as follows: (1) to principal, (A) net proceeds from land sales transactions; (B) net proceeds from royalties from resource transactions; and (C) net proceeds from permanent ease…

(a) Unless otherwise specifically provided in the document or instrument providing for a contribution to the trust, the authority will determine the appropriate account in which to deposit the contribution. (b) The authority may decline to accept any contribution to the trust. (c…

(a) From time to time, the board may determine that it is in the interest of the trust and its beneficiaries to use receipts from the management of trust land to (1) acquire for the trust new trust land; or (2) improve or develop existing trust land. (b) The board will make a dec…

(a) This section applies to a beneficiary, or an organization acting on behalf of a beneficiary, who wants to be granted the use of trust land under 11 AAC 99.110 and wants to pay less than fair market value for that use. (b) A request for approval to use trust land at less than …

For the purpose of consultation with the trust land office under 11 AAC 99, unless otherwise specifically provided by the board by resolution, any such consultation must involve either the board's resource management committee or the full board. Notes 20 AAC 40.720 Eff. 10/24/200…

Information determined to be confidential by the chief executive officer will be made available to the trust land office upon request, subject to the requirement that the material must remain confidential after receipt. Notes 20 AAC 40.730 Eff. 10/24/2004, Register 172; am 5/11/2…

(a) A person may seek review of a decision described in 20 AAC 40.415 only by filing a protest with the chief executive officer under this section. In order to be considered under this section, a protest must assert that the decision being protested was (1) based on a material er…

(a) This section applies to an appeal of (1) a decision on a protest under 20 AAC 40.900; and (2) a decision of the board's executive committee on an application for an emergency grant under 20 AAC 40.260(h) (1). (b) The authority must receive an appeal within 30 calendar days af…

At each regular meeting of the board, the board will provide an opportunity on its meeting agenda for aggrieved persons or groups who believe they have not received services that should be provided by the trust to inform the board of their grievances and to request redress from t…

Unless the context indicates otherwise, in this chapter (1) "approval" means a written agreement or permission to proceed, signed by an authorized representative of the authority, in response to a written request from the grantee or applicant for approval of a proposed action; (2…

The ombudsman will maintain business offices in Anchorage and Juneau. Notes 21 AAC 10.010 Eff. 9/16/84, Register 91; am 6/7/2015, Register 214, July 2015 Authority:AS 24.55.090 State regulations are updated quarterly; we currently have two versions available. Below is a compariso…

Notes 21 AAC 10.020 Eff. 9/16/84, Register 91; repealed 6/7/2015, Register 214, July 2015 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison feat…

(a) The Office of the Ombudsman adopts theAlaska-Legislative Procurement Procedure, revised as of November 21, 2013, as amended from time to time, and adopted by reference, except as otherwise provided in this section. (b) For purposes of this section, "procurement officer" means…

The procurement officer may request the Legislative Affairs Agency to carry out the solicitation responsibilities under this chapter. Notes 21 AAC 10.080 Eff. 6/7/2015, Register 214, July 2015 Authority:AS 24.55.275 State regulations are updated quarterly; we currently have two v…

Notes 21 AAC 10.095 Eff. 11/10/88, Register 108; repealed 6/7/2015, Register 214, July 2015 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison fe…

Notes 21 AAC 10.100 Eff. 11/10/88, Register 108; repealed 6/7/2015, Register 214, July 2015 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison fe…

Notes 21 AAC 10.110 Repealed 11/10/88. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to comp…