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costs of disposal. (d) Repealed 10/10/96. (Eff. 5/12/82, Register 82; am 9/30/83, Register 87; am 10/10/96, Register 140; am 9/20/2002, Register 163) Statutory Authority: Authority: AS 47.05.010 AS 47.25.435

AS 47.25.430 AS 47.25.460 7 AAC 40.295. Denial of assistance for voluntary transfer of resources. (a) The division may deny assistance for a maximum of 36 months to an applicant who, within 36 months before applying for assistance, makes a voluntary assignment or transfer of a resource in order to qualify for assistance. If the transfer is made for less than fair market value, it is presumed that the transfer was made intentionally and for the purpose of qualifying for assistance. The individual who made the transfer may rebut the presumed intent and purpose of the transfer by providing evidence satisfactory to the division that the transfer was made unintentionally or for a different purpose. Evidence to support a determination that the individual made the transfer unintentionally or for a different purpose may include any of the following:

(1) documents or testimony establishing that the transfer was made to settle a legally enforceable debt approximately equal to the equity value of the resource;

(2) documents establishing that the transfer was required by a court or an administrative agency empowered to require the transfer of property;

(3) documents establishing that the individual was a victim of theft, fraud, or coercion; the transfer was made as a result of the theft, fraud, or coercion; and the individual has taken appropriate steps to recover the resource or the equity value of the resource;

(4) evidence that the individual did not believe the transfer would affect the eligibility of the assistance unit;

(5) evidence that the individual believed that the compensation received was approximately equal to the equity value of the resource;

(6) evidence that the individual received property or services approximately equal to the equity value of the resource in exchange for the resource, regardless of whether the property

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(1) documents or testimony establishing that the transfer was made to settle a legally enforceable debt approximately equal to the equity value of the resource;

(2) documents establishing that the transfer was required by a court or an administrative agency empowered to require the transfer of property;

(4) evidence that the individual did not believe the transfer would affect the eligibility of the assistance unit;

(5) evidence that the individual believed that the compensation received was approximately equal to the equity value of the resource;

(6) evidence that the individual received property or services approximately equal to the equity value of the resource in exchange for the resource, regardless of whether the property