10 AAC — Military and Veterans Affairs

Chapter 10 Reimbursement of Veterans Service Organizations for Rehabilitation and Service Work

10 AAC 10.010 Purpose

The purpose of this chapter is to regulate the award and expenditure of money appropriated to reimburse organizations for the costs associated with employment of full-time service officers to perform rehabilitative and service work.

History

• Authority: AS 26.10.040; AS 26.10.050
• Eff. 7/1/90, Register 114

10 AAC 10.020 Grants

Reimbursement of organizations will be accomplished by grants from the division.

History

• Authority: AS 26.10.040; AS 26.10.050
• Eff. 7/1/90, Register 114

10 AAC 10.030 Notice

Not later than five days after the governor signs a bill appropriating money for reimbursement to organizations for a fiscal year, the director will mail to all organizations a notice, advising the organizations of the amount of money available for grants, and an invitation to apply for a grant.

History

• Authority: AS 26.10.040; AS 26.10.050
• Eff. 7/1/90, Register 114

10 AAC 10.040 Application

A request for a grant must be made by written application in the form and with the content prescribed by the director.

History

• Authority: AS 26.10.040; AS 26.10.050
• Eff. 7/1/90, Register 114

10 AAC 10.050 Selection procedures

(a) The director will appoint a grant application evaluation committee to evaluate applications for grants and to make recommendations as to which, if any, applicants should be awarded grants. The committee will be composed of a president and not less than five voting members. Members of the committee shall be state employees or public officials. The president may vote only to break a tie. The president and one-half or more of the voting members of the committee constitutes a quorum. A voting member of the committee is subject to challenge for cause for any reason that indicates that the member cannot participate in the evaluation fairly and impartially. Members of the committee must disclose any grounds that might be the basis for challenge for cause. A challenge may be made only by an organization competing for a grant. A challenge must be made before the committee convenes to evaluate the written proposals. A challenge to a member of the committee will be decided by the president of the committee. A challenge to the president of the committee will be decided by the director.

(b) The director will notify all organizations of the composition of the committee. The invitation to apply for a grant will state the selection criteria and the relative weight to be given by the committee to each selection criterion.

(c) The committee convenes at the call of the president. The president of the committee shall call each session to order formally and announce the time, date, and place. All sessions of the committee are open to the public and will be recorded on audio tape or video tape or by a qualified stenographer. Each member of the committee shall evaluate the written application of each competing organization, and shall grade each competing application according to the criteria and relative weight established in the invitation to apply for a grant. After grading the competing applications, each member of the committee shall individually rank the applications in descending order of quality, with the number "1" representing the highest ranking. The president shall determine the relative order of merit of each competing application by dividing the sum of the rankings given to the application by the members of the committee by the number of committee members. Each competing organization shall make an oral presentation to the committee. The time allotted for oral presentations may be determined by the president of the committee, but the time allotted shall be at least 20 minutes for each organization. The amount of time allotted for oral presentation shall be the same for all competing organizations. Members of the committee may make inquiries of the competing organizations at the conclusion of the oral presentation. The time used by the committee to make inquiries may not be counted against the time allotted for oral presentations. After each oral presentation, the committee shall grade the presentation according to the criteria and relative weight established by the director. After the last oral presentation, each member of the committee shall individually rank presentations in descending order of merit, with the number "1" representing the highest ranking. The president shall determine the relative order of merit of each oral presentation by dividing the sum of the rankings given by the members of the committee by the number of committee members. The president shall determine the final order of merit by adding the score for each organization's application with the score for the organization's oral presentation. The organization with the lowest sum will have the highest ranking. After the organizations have been ranked, the committee shall make recommendations for the amount of a grant to be awarded to each competing organization.

(d) Appeals from rankings established by the committee must be made to the director. Appeals must be in writing, be made not later than 10 days after adjournment of the committee, state with particularity the basis for appeal and the relief requested, and be mailed by the appellant to all organizations competing for the grants. No issue that could have been but was not raised before convening the committee will be considered on appeal unless the appellant can demonstrate that it could not with reasonable diligence have discovered the facts upon which the appeal is based before convening of the committee.

History

• Authority: AS 26.10.040; AS 26.10.050
• Eff. 7/1/90, Register 114

10 AAC 10.060 Award by director

(a) Awards of grants will be made by the director. The director will make the final decision on the award of grants. The director need not follow the recommendations of the committee; however, if the director does not follow those recommendations, then the director will state, in writing, the reasons for not following those recommendations.

(b) Appeals from the decision of the director must be made to the commissioner. Appeals must be in writing, be filed with the commissioner not later than 10 days after the decision of the director, state with particularity the basis for appeal and the relief requested, and be mailed by the appellant to all organizations competing for the grants.

History

• Authority: AS 26.10.040; AS 26.10.050
• Eff. 7/1/90, Register 114

10 AAC 10.070 Reporting requirements

(a) A recipient of a grant under this chapter shall make returns and reports, using forms and the format required by the director.

(b) If the State of Alaska supplies computer software, a recipient of a grant under this chapter shall use the software, and supply data required by the director, to monitor performance of service officers.

History

• Authority: AS 26.10.040; AS 26.10.050
• Eff. 7/1/90, Register 114

10 AAC 10.900 Definitions

In this chapter,

(1) "benefit" means any payment, service, commodity, function, or status, entitlement to which is determined under laws administered by the United States Department of Veterans Affairs pertaining to veterans and their dependents and survivors (38 C.F.R. 14.627(d)), and any payment, service, commodity, function, or status, entitlement to which is determined under laws of the State of Alaska pertaining to veterans and their dependents and survivors;

(2) "claim" means an application made under 38 U.S.C., and implementing directives, for entitlement to United States Department of Veterans Affairs benefits; the reinstatement, continuation, or increase of benefits; or the defense of a proposed agency adverse action concerning benefits (38 C.F.R. 14.627 (f)); and an application made under the laws of the State of Alaska and implementing directives, for entitlement to benefits; the reinstatement, continuation, or increase of benefits; or the defense of a proposed adverse action concerning benefits;

(3) "commissioner" means the commissioner of the Department of Military and Veterans Affairs;

(4) "committee" means the grant application evaluation committee appointed under 10 AAC 10.050;

(5) "director" means the director of the division of veterans affairs of the Department of Military and Veterans Affairs;

(6) "division" means the division of veterans affairs in the Department of Military and Veterans Affairs;

(7) "full time" means not less than 30 hours per week;

(8) "organization" means an organization that is recognized as a national organization under 38 C.F.R. 14.628, and has department or equivalent status in the State of Alaska;

(9) "rehabilitation and service work" means the preparation, presentation, and prosecution of claims for veterans' benefits; work on programs intended to provide state-wide outreach; efforts to maintain contacts and working relationships with state, municipal, and federal agencies; referrals to appropriate support agencies; and veteran benefits counseling;

(10) "service officer" means a person who has been accredited by the United States Department of Veterans Affairs to prepare, present, and prosecute claims for veterans benefits;

(11) "veteran" means a person defined as a veteran in 38 U.S.C. 101(2) or 38 C.F.R. 3.1(d).

History

• Authority: AS 26.10.040; AS 26.10.050
• Eff. 7/1/90, Register 114

Chapter 20 State Emergency Response Commission

Article 1 Municipality of Anchorage Reporting Requirements

10 AAC 20.100 Applicability of reporting requirements

(a) For a business or government agency with a facility within Anchorage, an individual in charge of handling hazardous materials, hazardous chemicals, hazardous wastes, or compressed gases at that facility within Anchorage on any day during a calendar year in the quantities set out in 10 AAC 20.110 shall submit an inventory in compliance with 10 AAC 20.110.

(b) A transshipment facility within Anchorage shall submit an inventory in compliance with AS 29.355.500.

(c) If under AS 29.35.500(g) Anchorage imposes the requirements of 10 AAC 20.100 - 10 AAC 20.110 on a business or government agency that handles hazardous chemicals, hazardous materials, or hazardous wastes outside of the boundaries of Anchorage, the business or government agency shall comply with those sections if Anchorage determines that a fire or other emergency involving the chemicals, materials, or wastes would be

(1) likely to adversely affect persons or property in Anchorage; or

(2) responded to by emergency response personnel whose service area includes all or a part of Anchorage.

History

• Authority: AS 26.23.071; AS 29.35.500
• Eff. 1/27/99, Register 149

10 AAC 20.110 Reporting requirements

If a business or a government agency is required in 10 AAC 20.100 to submit an inventory, the business or the government agency shall report as part of that inventory, the quantities of hazardous chemicals, hazardous materials, hazardous wastes, and compressed gases listed in AS 29.35.500(c)(1) - (4). Additionally, the business or the government agency shall report the following hazardous chemicals, hazardous materials, hazardous wastes, and compressed gases in the following quantities:

(1) a hazardous chemical or a hazardous material, other than one described in AS 29.35.500(c)(1), if handled in a single day in an amount equal to or greater than 4,500 pounds and less than 10,000 pounds;

(2) a gas with a hazard rating class of 3 or 4, if compressed to more than 200 cubic feet at standard temperature and pressure, and is listed in

(A) National Fire Protection Association (NFPA) section 49, Hazardous Chemicals Data, 1994 edition; or

(B) NFPA section 325, Guide to Fire Hazard Properties of Flammable Liquids, Gases and Volatile Solids, 1994 edition;

(3) hazardous waste in a quantity of 220 pounds or more;

(4) acute hazardous waste in a quantity of 2.2 pounds or more;

(5) a hazardous material that is a consumer commodity in a quantity of more than 1,000 pounds.

History

• Authority: AS 26.23.071; AS 29.35.500
• Eff. 1/27/99, Register 149

10 AAC 20.120 Definitions

Unless the context requires otherwise, in 10 AAC 20.100 - 10 AAC 20.120,

(1) "Anchorage" means the Municipality of Anchorage;

(2) "consumer commodity" means a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purpose of personal care or household use; "consumer commodity" includes a drug or medicine;

(3) "facility" means land, buildings, equipment, structures, and stationary items that are located on a single site or on contiguous or adjacent sites owned, leased, operated or otherwise controlled by the same business or government agency; "facility" does not include a transshipment facility or a residential dwelling.

History

• Authority: AS 26.23.071; AS 29.35.500
• Eff. 1/27/99, Register 149

Chapter 30 Veterans' Memorial and Monument Grants

10 AAC 30.010 Purpose of grants

(a) The department, in consultation with the Alaska Veterans' Advisory Council established under AS 44.35 or other appropriate veterans' organizations, will award grants for the maintenance, repair, replacement, and enhancement of, or addition to, veterans' memorials and monuments to the military, and for the development and construction of new veterans' memorials and monuments to the military, in accordance with AS 37.14.700 - 37.14.740 and this chapter.

(b) The department, in consultation with the Alaska Veterans' Advisory Council or other appropriate veterans' organizations, may periodically establish recommended priorities for the maintenance, repair, replacement, and enhancement of, or addition to, veterans' memorials and monuments to the military, and for the development and construction of new veterans' memorials and monuments to the military.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169; am 5/25/2017, Register 222

10 AAC 30.020 Notice of solicitation of grant proposals

Subject to the availability of appropriations as determined under AS 37.14.730(a), the department will solicit grant proposals periodically to accomplish the purposes of AS 37.14.730(b). The department will send the solicitation by mail to interested veterans and veterans' groups on a list maintained by the department, and will post the solicitation on the department's Internet web site and on the Alaska Online Public Notice System maintained under AS 44.62.175. In a solicitation, the department will give notice of the purposes for which grant proposals are solicited, the availability of grant application forms, the deadline by which applicants must return applications to be considered for a grant, and proposal-specific conditions and requirements that the department determines are appropriate for the proposals.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169

10 AAC 30.030 Grant application

(a) To apply for a grant under AS 37.14.730, an applicant must file with the department an application, on a form provided by the department, including the following information:

(1) a description of the proposed

(A) maintenance, repair, replacement, or enhancement of, or addition to, an existing veterans' memorial or monument to the military; or

(B) new veterans' memorial or monument to the military;

(2) a proposed budget and work plan identifying the tasks to be performed and the expected time periods during which these tasks will be accomplished;

(3) the name of each person responsible for the administration of the grant money and for the accomplishment of the work plan.

(b) Repealed 5/25/2017.

(c) The department will request additional information as the department considers necessary to determine whether the grant applicant and the proposed project is in compliance with AS 37.14.700 - 37.14.740, this chapter, and the requirements of any earlier grant.

(d) Repealed 5/25/2017.

(e) A grant application must be received on or before June 1 for consideration. The department will consider applications received after June 1 if funding is available.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169; am 5/25/2017, Register 222

10 AAC 30.040 Review of application; final decision

(a) In evaluating applications, the department will consult with and consider the recommendations of the Alaska Veterans' Advisory Council or other appropriate veterans' organizations.

(b) For each grant application, the department will award a full or partial grant, deny the application, or request that the applicant submit additional information.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169; am 5/25/2017, Register 222

10 AAC 30.050 Grant agreement

(a) Before the department will disburse money under the grant, a grantee must sign an agreement on a form prepared by the department in which the grantee agrees to

(1) spend grant money only for the purposes and for eligible costs specified in the grant application and agreement;

(2) Repealed 5/25/2017.

(3) comply with applicable state statutes and regulations with respect to purchasing practices and procedures and the provision of documentation required for disbursement;

(4) provide periodic and final reports as specified in the grant agreement.

(5) retain records and on request provide records to the department and allow a department audit of the grant expenditures;

(6) indemnify and hold harmless, consistent with state law, the state and its officers, agents, and employees for any third-party claims arising from the project;

(7) waive, consistent with state law, any claims the grantee may have against the state and its officers, agents, and employees arising from the project; and

(8) comply with AS 37.14.700 - 37.14.740, this chapter, and terms and conditions of the grant agreement.

(b) The department may withdraw a grant offer if the grantee does not sign and return the agreement form within the time specified in the grant agreement.

(c) The department may suspend or terminate a grant, for failure to comply with the requirements of AS 37.14.700 - 37.14.740, this chapter, or the grant agreement.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169; am 5/25/2017, Register 222

10 AAC 30.060 Grant payment

The department will make advance payment of all or a portion of the grant under terms and conditions specified in the grant agreement that ensure that grant money is used for eligible costs.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169; am 5/25/2017, Register 222

10 AAC 30.070 Retention of records

A grantee shall retain all records relating to the grant and the project for at least three years following the end of the grant period or submission of a final report to the department, whichever is later. If an audit is pending at the end of three years the grantee shall retain the records for as long as the audit involving the records is pending.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169; am 5/25/2017, Register 222

10 AAC 30.080 Appeals

A decision or other determination of the department under this chapter may be appealed in writing to the adjutant general. The appeal must be postmarked within 30 days after the date the decision or determination was mailed, must clearly state the objections to that decision or determination and the factual basis for the objections, and must set out justification for any alternate action sought. The adjutant general, or a designee of the adjutant general who did not participate in the original decision or determination, will issue a written decision on the appeal within 30 days after receiving it. The adjutant general's decision is the final agency action on the appeal for purposes of judicial review.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169

10 AAC 30.900 Definitions

In this chapter, unless the context requires otherwise,

(1) "budget" means the financial expenditure plan for a project; "budget" includes money awarded under the grant program and any other financing, grantee match, in-kind services, and contributions for the grant project;

(2) "department" means the Department of Military and Veterans' Affairs;

(3) "grant" means an award of financial or direct assistance by the department to an eligible applicant based on review and approval of an application setting out a proposed activity or service;

(4) "grantee" means the person that receives a grant;

(5) "grant period" means the time period for which the grantee has been awarded a grant;

(6) "project" means those aspects of a grantee's activities that are paid for, in whole or in part, by a department grant.

History

• Authority: AS 37.14.730
• Eff. 1/18/2004, Register 169

Chapter 40 Military Facility Zones

10 AAC 40.010 Purpose

The purpose of this chapter is to set out standards and procedures for an application under AS 26.30 for an area to be designated a military facility zone, and to set out review and approval criteria for applications.

History

• Authority: AS 26.30.010; AS 26.30.070
• Eff. 8/1/2014, Register 211

10 AAC 40.020 Municipal applicant requirements

To apply for a military facility zone designation under AS 26.30 and this chapter, or for expansion of a military facility zone, the chief executive officer or governing body of a municipality must file with the department, on a form provided by the department, a completed application as provided under AS 26.30.010(b) and (c), and must include in the application

(1) a map showing, within the municipality's boundaries,

(A) the area of the proposed military facility zone or proposed expansion; and

(B) the zone's or expanded area's proximity to a facility;

(2) the statement required under AS 26.30.010(c)(1);

(3) evidence of the approval required under AS 26.30.010(c)(2);

(4) evidence that under AS 26.30.020(c)(1), the proposed military facility zone is consistent with the municipality's comprehensive plan or local zoning ordinances;

(5) evidence and data to support the factors and calculations listed in AS 26.30.020(c)(2) - (15);

(6) other information consistent with the factors set out in AS 26.30.020(c) that the adjutant general determines necessary to designate an area as a military facility zone; and

(7) evidence, if any, to support the adjutant general's priority consideration to an area under AS 26.30.020(b).

History

• Authority: AS 26.30.010; AS 26.30.020; AS 26.30.070
• Eff. 8/1/2014, Register 211; am 7/1/2018, Register 227

10 AAC 40.030 Time period for receipt of comments

When soliciting comments under AS 26.30.010(e) on an application for designation or expansion of a military facility zone, the adjutant general will set a time period for receipt of comments and post that time period as part of the notice placed on the Alaska Online Public Notice System (AS 44.62.175).

History

• Authority: AS 26.30.010; AS 26.30.070
• Eff. 8/1/2014, Register 211

10 AAC 40.900 Definitions

In this chapter, unless the context requires otherwise,

(1) "adjutant general" has the meaning given in AS 26.30.900;

(2) "department" means the Department of Military and Veterans' Affairs;

(3) "facility"

(A) has the meaning given in AS 26.30.900;

(B) includes a military base;

(4) "municipality" has the meaning given in AS 01.10.060.

History

• Authority: AS 26.30.010; AS 26.30.070
• Eff. 8/1/2014, Register 211