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(a) A home’s written policy for the refund of advance payments, established in compliance with AS 47.33.030(b), must conform to the following rules:

(1) if a resident terminates a residential services contract by giving notice at least one rental period before the termination is to be effective, the home shall refund an advance rent payment on a prorata basis;

(2) if a resident terminates the contract by giving notice less than one rental period before the termination is to be effective, the home need not refund a payment applicable to the current rental period, but shall prorate the refund of an advance rent payment for a subsequent period; if the home executes a new residential services contract with a new resident in place of the terminating resident, to become effective during the current rental period, the home shall refund the prorata amount of rent applicable to the days of the new contract;

(3) if a resident dies, the home need not refund a payment applicable to the current rental period, but shall prorate the refund of an advance rent payment for a subsequent period; if the home executes a new residential services contract with a new resident in place of the deceased resident, to become effective during the current rental period, the home shall refund the prorata amount of rent applicable to the days of the new contract;

(4) if a home terminates a residential services contract, in accordance with AS 47.33.360, it shall refund an advance rent payment on a prorata basis. (b) In implementing AS 47.33.030, “advance payment,” in the case of rent, does not mean the rent paid at the beginning of a rental period for that period. It means rent advanced for a subsequent rental period. (Eff. 7/1/95, Register 134) Statutory Authority: Authority: AS 47.32.010 AS 47.32.030 AS 47.33.030 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made conforming technical revisions under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation for 7 AAC 75.330 by substituting references to AS 47.32.010 and 47.32.030 for the reference to former AS 47.33.920 (repealed 2005). 7 AAC 75.340. Notification requirements.