Alaska Administrative Code

It is an unfair or deceptive act or practice for any seller to advertise a price comparison (1) which is based on any price other than the seller's own regular price, unless the seller discloses the nature and source of the referenced comparison price, such as "manufacturer's lis…

(a) It is an unfair or deceptive act or practice for any seller to advertise merchandise for sale at a stated price, if the seller(1) does not have the merchandise readily available at or below the advertised price in quantities normally sufficient to meet a reasonably expected p…

It is an unfair or deceptive act or practice for any seller to advertise price reductions on a group of differently priced items using phrases such as "as low as" or "up to 50 percent off" which merely identify the lowest reduced price in the group or the highest percentage or am…

In this chapter (1) "advertising" (including the terms "advertisement" and "advertise") includes the attempt directly or indirectly through publication, dissemination, solicitation, endorsement or circulation, display, including solicitation or dissemination by mail, telephone or…

(a) The following adult demand letter may be used to satisfy the condition specified in AS 09.68.110(c): ADULT DEMAND LETTER [Store name] [Store address] [Date] [Person's name] [Person's address] ________________________ This store has reason to believe that on [date] you took fr…

(a) To file a registration statement or registration renewal statement, a charitable organization must use a registration statement or registration renewal statement on a form or in a format issued by the department. Information provided on the statement must include(1) the full …

(a) To file a registration statement or registration renewal statement, a paid solicitor must use a registration statement or registration renewal statement on a form or in a format issued by the department. Information provided on the statement must include (1) the full legal na…

A paid solicitor shall file a notice, within seven days, of any change of information required to be provided under 9 AAC 12.020 or change in the sureties, status, or expiration dates of the bond required under 9 AAC 12.060, or any claims or payments made against the bond. Notes …

A paid solicitor may not solicit contributions on behalf of a charitable organization unless the paid solicitor executes a written contract with the charitable organization, which clearly states the respective obligations of the paid solicitor and the charitable organization. The…

(a) A written contract executed between the charitable organization and the paid solicitor which is in effect at the time the paid solicitor files the original registration statement must be submitted to the department along with the registration statement. (b) Each separate cont…

(a) A paid solicitor shall file a $10,000 surety bond with the department. (b) A paid solicitor shall maintain the surety bond for the duration of the period the paid solicitor conducts solicitation activity in the state. (c) A surety bond required under this section must be on t…

(a) To file a financial report required under AS 45.68.055, a paid solicitor must submit the report on a form or in a format issued by the department. Information provided in the report must include (1) the name of the paid solicitor as registered with the department; (2) the nam…

In determining whether an organization is exempt from registration under AS 45.68.120(a)(3), the organization may exclude the following: (1) receipts from membership dues if the organization restricts membership to persons engaged in particular vocation or trade; and (2) money re…

(a) For charitable organizations, the fee for each registration or registration renewal statement filed with the department under AS 45.68.010 is $40. (b) For paid solicitors, the fee for each registration or registration renewal statement filed with the department under AS 45.68…

A filing required under AS 45.68 or this chapter must be filed electronically in a manner and format that the department prescribes, unless the department waives this requirement because the filer does not have reasonable access to the Internet, or to electronic equipment or soft…

In this chapter, (1) "compensation" means salaries, wages, fees, commissions, or any other remuneration or valuable consideration; (2) "entity" means an individual, organization, group, association, partnership, corporation, agency or unit of state government, or any combination …

(a) To register, a telephonic seller must file a notice of intent to engage in a telephonic solicitation campaign on a form or in a format issued by the department. Information provided in the notice must include (1) the telephonic seller's full legal name and the names by which …

If, before the expiration of a telephonic seller's annual registration period, there is a material change in the information required by 9 AAC 14.010, the telephonic seller shall, within 10 days, file an addendum updating the information with the department. Changes in salesperso…

Notes 9 AAC 14.030 Eff. 3/19/94, Register 129; repealed 3/20/2016, Register 217, April 2016 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…

Each telephonic seller shall, in the written contract required under AS 45.63.020, provide the following information to each prospective buyer: (1) if the telephonic seller represents or implies that a prospective buyer will receive, without charge, an item or items in addition t…

If a telephonic seller is conducting a solicitation campaign for an affiliated entity, the telephonic seller is exempt to the same extent under AS 45.63.080 as the affiliated entity would be if the affiliated entity were directly conducting the solicitation campaign. Notes 9 AAC …

(a) The fee to register under AS 45.63.010 as a telephone seller is $200. (b) The department will not accept a registration filing under AS 45.63.010(b) unless the filing is accompanied by the registration fee established in (a) of this section. Notes 9 AAC 14.060 Eff. 9/1/2004, …

A filing required under AS 45.63 or this chapter may be filed electronically in a manner and format that the department prescribes, if the department makes electronic filing available. The department may accept an electronic signature on an electronic record that is filed with th…

(a) In this chapter, (1) "affiliated entity" means any individual or entity that will engage or attempt to engage in transactions with buyers relating to the telephonic solicitation campaign, or that is responsible for the acts or statements made by the telephonic seller relating…

(a) An initial registration and any renewal of that registration must be(1) submitted using the department's form entitled Alaska Business Opportunity Registration and Registration Renewal Application,as revised as of February 9, 2005 and adopted by reference; and (2) made under …

(a) A seller must file with the department a completed disclosure statement on the department's form entitled Alaska Business Opportunity Disclosure Statement,as revised as of February 9, 2005 and adopted by reference. (b) The disclosure statement must have a cover sheet that con…

(a) A seller must submit to the department a surety bond in the amount of $75,000 in favor of the state for the benefit of any buyer who is damaged by the breach of contract between the seller and buyer, by the breach of any obligation arising from that contract, or by the violat…

(a) The seller shall include in a contract or agreement provided to a buyer or prospective buyer the information required under AS 45.66.090 and this section. The information must be set out in at least 12-point typeface. (b) In the contract or agreement, the seller shall include…

The seller must pay a registration fee of $300. To renew a registration the seller must pay a registration renewal fee of $150. Fees must be paid by cashier's check or money order, payable to the State of Alaska. Notes 9 AAC 16.050 Eff. 3/23/2005, Register 173 Authority:AS 45.66.…

(a) Any statement required under AS 45.66.050 for a material change in information must be(1) submitted using the department's form entitled Alaska Business Opportunity Notice of Material Change in Information,as revised as of February 9, 2005 and adopted by reference; and (2) ma…

In AS 45.66 and this chapter, unless the context requires otherwise, (1) "affiliated company" means a business entity that(A) will engage in business transactions with buyers relating to the sale of a business opportunity; or (B) accepts responsibility for the acts or statements …

Nothing in this chapter authorizes the attorney general to review or allow the collective negotiation of fee-related terms of contracts with health benefit plans. Notes 9 AAC 23.010 Eff. 6/29/2003, Register 166 Authority:AS 23.50.010 AS 23.50.040 State regulations are updated qua…

(a) Before each collective negotiation under this chapter, an authorized third party must submit to the attorney general a written request containing the information required by this section, along with the fee required by 9 AAC 23.030. The authorized third party must submit one …

Along with a negotiation request submitted under 9 AAC 23.020, an authorized third party must submit a fee of $2,500. The fee is non-refundable, and must be made by cashier's check or money order, payable to the Office of the Attorney General, State of Alaska. Notes 9 AAC 23.030 …

(a) After the attorney general approves the negotiation request under AS 23.50.020(d) and 9 AAC 23.020, the authorized third party shall provide to the attorney general the information required in AS 23.50.020(d)(4), and a copy of all written communications that pertain to the ne…

(a) A contract that is reached as a result of collective negotiations must be submitted to the attorney general for review and approval in accordance with AS 23.50.020(e) and (f) before the contract is effective. (b) The authorized third party shall submit to the attorney general…

(a) Within 90 days after receiving from the attorney general a written disapproval of a negotiation request or proposed contract, an authorized third party may re-submit the request or proposed contract for approval along with a report(1) documenting the specific remedial measure…

(a) After the authorized third party has reported a failed collective negotiation attempt in accordance with AS 23.50.020(d)(2) and 9 AAC 23.040(c), the authorized third party and participating physicians may not engage in collective negotiations or communications with a health b…

During the original term of a contract approved under AS 23.50.020 and 9 AAC 23.050, an authorized third party may engage in collective negotiations or communications with a health benefit plan for the purpose of modifying the contract terms. No later than 14 days before starting…

Physicians may not engage in a boycott, intimidation, or coercive conduct related to proposed collective negotiations, or to the subject matter of those negotiations. Notes 9 AAC 23.090 Eff. 6/29/2003, Register 166 Authority:AS 23.50.020 AS 23.50.040 State regulations are updated…

(a) Before engaging in collective negotiations with a health benefit plan, an authorized third party may send a letter of intent to a health benefit plan notifying it that a negotiation group desires to engage in collective negotiations with the plan, and including a list of the …

In this chapter, unless the context requires otherwise, (1) "authorized third party" has the meaning given in AS 23.50.099; (2) "fee-related term" means a term that relates to the fees charged, collected, reimbursed, or billed by a physician or health benefit plan; "fee-related t…

(a) A state employee who is named as a defendant in a civil action or proceeding for money damages as a result of state employment shall deliver all of the papers served upon the employee, or copies of them, as provided in AS 09.50.253 no later than seven calendar days after rece…

After determining whether to certify that the act or omission on which the civil action or proceeding is based was in the scope of the state employee's office or employment as provided in AS 09.50.253, the attorney general will notify the employee. Notes 9 AAC 33.020 Eff. 3/23/20…

An appearance of impropriety does not establish that an ethical violation exists. Notes 9 AAC 52.010 Eff. 4/24/94, Register 130 Authority:AS 39.52.110 AS 39.52.950 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our…

A public officer may not take or withhold official action on a matter if the action is based on an improper motivation. Notes 9 AAC 52.020 Eff. 4/24/94, Register 130 Authority:AS 39.52.110 AS 39.52.950 State regulations are updated quarterly; we currently have two versions availa…

(a) If a public officer is required by statute to be a member of a class and the public officer takes or withholds official action in a matter that affects all members of that class, the action is not a violation of the Ethics Act or this chapter unless the officer receives signi…