Alaska Administrative Code

For purposes of AS 39.52.120(a), gain is personal gain if it is (1) a benefit to the public officer's personal interest or financial interest; or (2) actual or anticipated gain, benefit, profit, or compensation to the public officer or the officer's immediate family member. Notes…

(a) As used in AS 39.52.120(a), "unwarranted benefits or treatment" includes(1) a deviation from normal procedures for the award of a benefit, regardless of whether the procedures were established formally or informally, if the deviation is based on the improper motivation; and (…

(a) The use or authorization of use of state money or other state resources for transportation of a family member of the governor or lieutenant governor does not violate AS 39.52.120(a) or (b)(3) if transportation is provided to an event at which the family member's presence bene…

(a) Unless the attorney general has issued a general opinion against the use or advised the public officer against the use, a public officer who uses state time, property, equipment, or other facilities to benefit the officer, an immediate family member of the officer, the office…

(a) As used in the Ethics Act and this chapter, a gift is a transfer or loan of property or provision of services to a public officer for less than full value. Unless rebutted by other evidence, an occasional gift worth $50 or less is presumed not to be given under circumstances …

(a) For purposes of AS 39.52.140, information has been disseminated to the public if it has been distributed to the public through (1) a newspaper or other printed publication; (2) broadcast media; (3) a press release; (4) a newsletter; (5) a legal notice; (6) a nonconfidential c…

(a) For purposes of AS 39.52.150(b), a state grant, contract, or lease is competitively solicited if the grant, contract, or lease (1) is awarded by competitive sealed bidding under AS 36.30.100-36.30.190 or competitive sealed proposals under AS 36.30.200-36.30.270; or (2) is awa…

For purposes of AS 39.52.170, a public employee's outside employment or service, including volunteer service, is incompatible or in conflict with the proper discharge of official duties if the employee's designated supervisor reasonably determines that the outside employment or s…

(a) For purposes of AS 39.52.180(a), "matter" does not include the general formulation of policy by a public official. (b) For purposes of AS 39.52.180(a), routine processing of documents, general supervision of employees without direct involvement in a matter, or ministerial fun…

(a) A designated supervisor shall maintain an ethics file containing Ethics Act reports, advisory opinions, advisory opinion requests, complaints, disclosures, and determinations relevant to that supervisor's agency or administrative unit. (b) A designated supervisor shall segreg…

(a) A declaration by a member of a board or commission of the facts and circumstances about a matter that may result in a violation of AS 39.52.110-39.52.190 or this chapter may serve as the disclosure in writing to the designated supervisor required by AS 39.52.220 if (1) the de…

(a) A designated supervisor shall submit the quarterly report described in AS 39.52.260 during the 30 days following the end of each calendar quarter. (b) An executive director of a board or commission may file a quarterly report on behalf of the chair of the board or commission.…

(a) If, upon review of an ethics disclosure, a designated supervisor determines that a violation of AS 39.52.110-39.52.190 may have or has occurred, the designated supervisor shall(1) in the case of a public employee, refer the matter for investigation and appropriate disciplinar…

(a) The attorney general will, in the attorney general's discretion, conduct a preliminary ethics investigation before initiating or accepting a complaint. A preliminary ethics investigation and information discovered in the course of a preliminary ethics investigation is confide…

If independent counsel appointed under AS 39.52.310(c) recommends action under AS 39.52.330, the independent counsel shall notify the personnel board that action to correct or prevent a violation of the Ethics Act or this chapter has been recommended. Notes 9 AAC 52.150 Eff. 4/24…

(a) The attorney general will keep confidential the information obtained in the course of an ethics investigation that is not relevant to an accusation or subsequent ethics proceedings. (b) The attorney general will, in the attorney general's discretion, forward information obtai…

If one act violates more than one provision of the Ethics Act, a civil penalty may be imposed for each provision violated. A civil penalty may be imposed each time a provision of the Ethics Act is violated. Notes 9 AAC 52.170 Eff. 4/24/94, Register 130 Authority:AS 39.52.440 AS 3…

The attorney general will approve a written policy described in AS 39.52.920 if it is consistent with and furthers the purposes of the Ethics Act and this chapter. As a condition of approval, the attorney general will require that the policy be distributed to employees of the age…

(a) In AS 39.52.410, "blind trust" means a trust established under AS 39.50.040. (b) In the Ethics Act and in this chapter (1) "board or commission" has the meaning given in AS 39.52.960 and does not include an entity created under only a federal statute or other non-state action…

(a) The purpose of this chapter is to implement the requirement in AS 44.64.050 to establish procedures for investigating and holding hearings on complaints against administrative law judges and hearing officers. (b) This chapter applies to complaints filed against administrative…

(a) A person who believes that the chief administrative law judge has violated AS 44.64.050 or 2 AAC 64.010 - 2 AAC 64.050 may file a complaint. The complaint must (1) be in writing; (2) describe the conduct and other facts on which the complaint is based; (3) explain why the per…

(a) The attorney general will review any complaint filed against the chief administrative law judge under AS 44.64.050. (b) The attorney general will follow the procedures described in 9 AAC 64.040 - 9 AAC 64.060 for investigation, hearing, and disposition of a complaint if, afte…

(a) The attorney general will designate an investigator to investigate a complaint if the subject of the complaint is(1) the chief administrative law judge, and the attorney general determines that the complaint alleges conduct that, if true, would constitute a violation of (A)AS…

(a) If the attorney general determines after investigation that there is probable cause to believe that a violation of AS 44.64.050 or 2 AAC 64.010 - 2 AAC 64.050 occurred, the attorney general will designate an adjudicator to hold a hearing on the complaint. (b) When the attorne…

(a) If the attorney general determines after investigation that there is not probable cause to believe that a violation of AS 44.64.050 or 2 AAC 64.010 - 2 AAC 64.050 occurred, the attorney general will issue a written notice of dismissal of the complaint. (b) If the attorney gen…

In this chapter, (1) "administrative law judge" has the meaning given in AS 44.64.200; (2) "hearing officer" has the meaning given in AS 44.64.200. Notes 9 AAC 64.900 Eff. 10/29/2006, Register 180 Authority:AS 44.64.050 State regulations are updated quarterly; we currently have t…

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. Notes 10 AAC 10.010 Eff. 7/1/90, Register 114 A…

Reimbursement of organizations will be accomplished by grants from the division. Notes 10 AAC 10.020 Eff. 7/1/90, Register 114 Authority:AS 26.10.040 AS 26.10.050 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our …

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 ap…

A request for a grant must be made by written application in the form and with the content prescribed by the director. Notes 10 AAC 10.040 Eff. 7/1/90, Register 114 Authority:AS 26.10.040 AS 26.10.050 State regulations are updated quarterly; we currently have two versions availab…

(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. Me…

(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…

(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 …

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)…

(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 …

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 …

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 instru…

(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 monument…

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…

(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 additio…

(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 app…

(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;…

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. Notes 10 AAC 30.060 Eff. 1/18/2004, Register 169; am 5/25/2017,Register 222, July 2017 Au…

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…

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 d…

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) …

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. Notes 10 AAC 40.010 Eff. 8/1/2014, Register 211 Authority:AS 2…

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 applic…

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…

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…