Alaska Administrative Code

Notes 20 AAC 05.1443 Eff. 5/6/2004, Register 170; am 11/23/2008, Register 188; repealed 11/13/2014, Register 212, January 2015 Authority:AS 16.43.100 AS 16.43.110 AS 16.43.510

Notes 20 AAC 05.1444 Eff. 5/6/2004, Register 170; repealed 11/13/2014, Register 212, January 2015 Authority:AS 16.43.100 AS 16.43.110 AS 16.43.450 AS 16.43.460

(a) An entry or interim-use permit may be transferred only through the commission in accordance with AS 16.43 and this chapter. (b) A person who has contracted to buy an entry permit may not contract to sell or assign that entry permit before the entry permit is transferred to th…

(a) Except as provided in AS 16.43.150(g), an entry permit may not be(1) pledged, mortgaged, leased, or encumbered in any way, including any contractual or legal device that purports to require the transfer or forfeiture of a permit or otherwise constrain the rights of the holder…

(a) A request for permanent transfer of an entry permit must be made to the commission on the form designated and provided by the commission under this chapter and must include a certification by the proposed transferee of facts establishing the transferee's present ability to pa…

(a) The holder of an entry permit not subject to the restrictions of AS 16.43.170(e) may establish a filing date, effective date, and expiration date for the permanent transfer under AS 16.43.170(b) of the holder's entry permit by filing a completed and signed notice with the com…

(a) A permit holder's request for the permanent transfer of the holder's entry permit under AS 16.43.170(b) shall be made on the form designated Holder's Request for Permanent Transfer of Entry Permit, provided by the commission. (b) The holder and the proposed transferee shall c…

(a) A request for the permanent transfer of an entry permit under AS 16.43.170(g) due to an execution on the holder's interest in that permit must be made on the form designated Request for Permanent Transfer of Entry Permit Due to Involuntary Action, provided by the commission. …

(a) The commission will deny a permit holder's request under 20 AAC 05.1712 for permanent transfer of the holder's entry permit if(1) the transfer is not authorized by law or is otherwise invalid; (2) the transfer violates AS 16.43 or this chapter; (3) the holder or proposed tran…

(a) The commission will deny a request under 20 AAC 05.1714 for permanent transfer of an entry permit due to involuntary action if (1) the execution does not comply with legal requirements, or is otherwise invalid; (2) the proposed transfer would violate AS 16.43 or this chapter;…

Notes 20 AAC 05.1720 Eff. 12/18/74, Register 52; am 6/5/83, Register 86; am 10/1/83, Register 87; am 2/29/84, Register 89; am 12/29/84, Register 92; am 11/22/87, Register 104; repealed 11/13/94, Register 132

(a) Upon receipt under 20 AAC 05.1714 of a request for transfer that is approvable under 20 AAC 05.1718(a) (1) - (a)(5), the commission will notify the permit holder in writing that the holder may apply to the commission for a determination of need. (b) Application for a determin…

As provided in AS 16.43.170(h), the commission has the right of first refusal to purchase an entry permit for which a request for permanent transfer due to involuntary action is filed with the commission under 20 AAC 05.1714. A completed form, designated Right of First Refusal to…

(a) A request for permanent transfer of an entry permit under AS 16.43.140(c)(5) shall be made on the form designated Request for Permanent Transfer of Entry Permit for Purpose of Fleet Consolidation under AS 16.43.140(c)(5), revised October 2002, and adopted by reference. (b) Th…

Notes 20 AAC 05.1730 Eff. 12/18/74, Register 52; am 12/27/79, Register 72; am 1/29/82, Register 81; am 12/30/82, Register 84; am 7/20/83, Register 87; repealed 11/13/94, Register 132

Notes 20 AAC 05.1731 Eff. 12/27/79, Register 72; am 1/29/82, Register 81; am 10/01/83, Register 87; repealed 11/13/94, Register 132

(a) The commission will, in its discretion, designate agents for the purpose of receiving and reviewing notices of intent to transfer and requests for transfer. (b) Properly completed notices of intent to transfer and requests for transfer received under this section must be date…

(a) A holder of an entry permit or interim-use permit in a limited fishery or a fishery subject to a moratorium may apply for an emergency transfer of the entry or interim-use permit to another person by making application to the commission on a form provided by the commission. (…

If the commission finds that a request for transfer of an entry permit is approvable under 20 AAC 05.1716, or is approvable under 20 AAC 05.1718 and the commission does not exercise its right of first refusal as provided in 20 AAC 05.1723, the commission will reissue the entry pe…

Notes 20 AAC 05.1745 Repealed 12/31/88.

Notes 20 AAC 05.1746 Eff. 8/20/89, Register 111; repealed 12/29/2000, Register 156

(a) An entry permit survives the death of the holder, but an entry permit issued under AS 16.43.250(c) may be emergency transferred under 20 AAC 05.1740 only for the remainder of the calendar year in which the permit holder's death occurred. Except for a permit issued under AS 16…

Either the holder of an entry or interim-use permit, the agent authorized in accordance with 20 AAC 05.1960, the authorized representative of a deceased holder's estate, or the proposed transferee may request an administrative hearing and adjudication under the provisions of 20 A…

Notes 20 AAC 05.1765 Eff. 12/30/82, Register 84; repealed 11/13/94, Register 132

(a) In 20 AAC 05.1700 - 20 AAC 05.1770 (1) repealed 11/13/94; (2) "filing date" means the date upon which a document is delivered to the commission; except that a request to transfer will be considered filed upon the expiration of 60 days following the filing date of the notice o…

The provisions of 20 AAC 05.1800 - 20 AAC 05.1865 apply to all matters presented to the commission for administrative hearing and adjudication. The provisions of 20 AAC 05.1870 apply to show cause proceedings. Notes 20 AAC 05.1800 Eff. 12/18/74, Register 52; am 1/2/81, Register 7…

Parties to commission proceedings under 20 AAC 05.1800 - 20 AAC 05.1870 include those persons or entities that have requested and been granted an administrative hearing, other persons or entities allowed or ordered to participate in an administrative hearing, respondents in a sho…

(a) An applicant or other party may request an oral or written administrative hearing by filing a request for a hearing with the commission. The request for a hearing must contain a statement of why the commission's determination should be changed, and indicate which findings of …

In all cases where an administrative hearing is granted, the commission will determine the time and place of hearing and deliver or mail a notice of hearing to the applicant or other party at least 30 days before the hearing. The applicant or other party may waive the 30-day noti…

(a) Repealed 5/20/90. (b) If the hearing officer determines that a genuine issue exists regarding the interpretation of a regulation or statute, and that no facts are in dispute, the hearing officer may order that the issue be decided without holding an evidentiary hearing. The h…

(a) A hearing officer shall withdraw from a proceeding whenever he deems himself disqualified. A hearing officer may withdraw from a proceeding at the request of a party if the request precedes the hearing officer's entry of decision, provided that the party making such request s…

(a) Oral evidence may be taken only upon oath or affirmation. (b) Alaska Rules of Evidence apply except when the hearing officer determines that their application is not required in order to assure fair treatment of the applicant or other party and that the evidence offered is re…

(a) The hearing officer may issue orders and schedule prehearing conferences requiring the attendance of parties in order to establish procedures for discovery and briefing, simplify the issues, discuss settlement, and otherwise facilitate resolution of a proceeding. (b) Upon the…

For good cause shown or at the hearing officer's discretion, a hearing officer may order the continuance of a hearing or the waiver of a procedural requirement of 20 AAC 05.1800 - 20 AAC 05.1870. Notes 20 AAC 05.1830 Eff. 12/18/74, Register 52; am 5/20/90, Register 114 Authority:…

If an applicant or other party fails to appear at an oral hearing, the hearing officer or commissioners, unless good cause is shown, may act upon the evidence of record without notice to the applicant or other party. Good cause will be found only for unexpected, unforeseen, and u…

(a) The hearing officer shall issue a written decision containing findings and conclusions, and the reasons or basis for them, on all material issues of fact, law, or discretion presented on the record. The written decision must also set out an appropriate order resolving those i…

(a) An applicant or other party may file a petition for administrative review, by the commission, of a decision by a hearing officer, within the 60-day period set out in 20 AAC 05.1840(b) (2). The commission will, in its discretion, and on its own motion, order administrative rev…

(a) The commission will, in its discretion, order a reconsideration of its decision on its own motion within 30 days of a final commission decision. (b) An applicant or other party may file a petition for reconsideration of a final commission decision within 30 days after the dat…

Notes 20 AAC 05.1855 Repealed 4/7/75.

(a) An applicant may represent himself before the commission or may file a written authorization for another person to represent him before the commission. (b) A former employee of the commission may not represent an individual before the commission in connection with a matter in…

(a) The commission will conduct investigations for the purpose of determining compliance with AS 16.43 and regulations adopted by the commission. The scope of investigation is limited to information and material reasonably related to carrying out that purpose. Investigations will…

(a) A show cause proceeding under AS 16.43.960 is subject to the provisions of 20 AAC 05.1800 - 20 AAC 05.1865 except as specified in AS 16.43.960 and this section. (b) A show cause proceeding under AS 16.43.960 may be initiated by a commissioner or the commission's designee. A s…

(a) All correspondence with the commission should be addressed to the commission at its principal office. (b) A written communication to the commission, except a notice of intent to permanently transfer an entry permit, is officially submitted to, filed with, and received by the …

(a) A remittance shall be by authorized credit card, or by money order, bank draft or check payable to the Commercial Fisheries Entry Commission. Remittances in coin or currency will be sent at the risk of the loss of money sent in that manner. (b) Repealed 12/29/2000. (c) The co…

The commission will maintain a file of interim-use permit and entry permit information. The file will contain information pertaining to, but not limited to, the following: (1) issuance of the permit to the named applicant; (2) annual renewal of the permit; (3) any assessment; (4)…

(a) Except as provided in (b) and (c) of this section, the books, records, papers, files, and writings of the commission are public records and are open to inspection by the public during regular office hours. (b) The following information is confidential and shall not be open to…

(a) A person who requests from the commission confidential information about the person's own fishery landings shall make the request on a form provided by the commission for this purpose. The commission will make the request form available at its office and on its web site. (b) …