Alaska Administrative Code

A developer who fails to pay when due, after written notice by the department, the required filing, registration or inspection fees is liable in a civil action brought by the attorney general on behalf of the department for a penalty in an amount equal to the unpaid fees. The dep…

In a suit by or against a developer involving his development, the developer shall promptly inform the department of any legal action involving the development and shall provide at the department's request all information relating to the legal action. This requirement does not ap…

It is an unfair act or practice for a developer, his agents, servants, employees, or others acting on his behalf (1) to make a representation with no present intent to perform it; (2) to fail to reveal to the purchaser or prospective purchaser all terms, conditions, notices, and …

(a) Unless a purchaser or prospective purchaser agrees in writing on a separate document, it is unfair for a person to use a contract, agreement, deed, option or other evidence of disposition of lands under the Act which contains provisions that (1) attempt to waive a right affor…

It is an unfair act or practice for a person (1) to represent that the developer, his agents, servants, employees, or others acting upon his behalf have the sponsorship, approval or certification unless they do have that sponsorship, approval, or certification; (2) to represent t…

It is an unfair act or practice for a person (1) to represent the availability of land without clearly and conspicuously disclosing, with the representation, any limitation on availability, location or quantity of the land; (2) to use the developer's personnel or others to repeat…

It is an unfair act or practice for a person (1) to represent or imply that a subdivision is restricted to owners, purchasers, or their families by means of guards, or private roads, or facilities, the use and enjoyment of which require special identification, unless this is true…

It is an unfair act or practice for a person (1) to fail to reveal in an offer to induce a person to visit, inspect, or tour a subdivision all the terms, conditions or prerequisites that have to be met by that person; (2) to offer or represent that goods or services are "free" wi…

It is an unfair act or practice for a person (1) to represent or imply that a prospective purchaser has to act quickly to purchase land at a savings because the price is about to increase unless, in fact, a decision has been made by the developer to increase the price and that th…

It is an unfair act or practice for a person (1) to represent to a purchaser or a prospective purchaser that the developer will buy back, resell, list, or otherwise dispose of purchased property, unless it is true; (2) to induce a purchaser or prospective purchaser to buy land or…

It is an unfair act or practice for a developer, his agents, servants, employees, or others acting on his behalf (1) to discriminate on the basis of race, color, religion, sex, or national origin in an offer to sell, sale, financing or other disposition of land including making a…

All advertising methods and materials must be approved by the department before they can be used or disseminated. The following standards are not all-inclusive for the department in evaluating advertising to determine whether it is false, deceptive, or misleading and fails to mak…

(a) Where a community is referred to, the advertising must contain the location of the subdivision and the mileage from the approximate geographical center of the subdivision in road miles to the geographical center of the community. (b) Where an amenity or improvement is referre…

(a) Advertising may not contain an artist's sketch to portray a proposed improvement or nonexistent scene without an indication that the portrayal is an artist's sketch and that the improvement is proposed or that the scene does not exist. An artist's conception of an existing im…

(a) Advertising of an improvement to a subdivision or any specific part of the subdivision which is not completed may not be made unless it is stated in clear terms that the improvement is merely proposed or under construction and the estimated date of the promised completion is …

(a) Advertising of land which does not have available access to the purchaser shall disclose that fact and its effect. (b) Advertising which refers to legal access shall indicate whether or not the access is usable as a passage for conventional automobiles. (c) Advertising may no…

(a) Land may not be advertised as "free" if the prospective purchaser is required to give any consideration for it. Land may not be advertised for "closing costs only" when these costs are substantially more than normal, or when additional land has to be purchased at a higher pri…

(a) Advertising which contains statements regarding taxes and the amounts of taxes must employ the latest available figures. (b) Advertising which refers to the purchase price of the land must also include any additional compulsory assessments or costs to the prospective purchase…

(a) The terms and requirements for the use of a visitation program must be disclosed clearly to the prospective purchaser in advance of his visitation. These conditions include, but are not limited to, the developer's participation in the program, the nature of any gift or other …

The department will not enter an order registering a subdivision and will consider the general promotional plan false and misleading, and lacking adequate safeguards, if (1) the contract or agreement given to a prospective purchaser by the developer upon payment of the first mone…

(a) The department shall be notified of a meeting in writing not less than 15 days before its date. The notice shall consist of the date, hour, and place of the meeting and the names of the developer and the real estate broker or brokers involved. (b) All advertising calculated t…

(a) An inference that can be reasonably drawn from advertising or promotional material will be considered to be a positive assertion unless the inference is negated in the advertising or material in clear and unmistakable terms, or unless adequate safeguards have been provided by…

(a) Advertising may not represent that the land offered for sale may be subdivided or resubdivided unless it includes necessary and relevant information regarding the estimated cost of future subdividing. (b) Advertising may not infer or imply that the subdivider will resell or r…

(a) Advertising of a subdivision may not be made in this state prior to the effective date of the registration of the subdivision and the approval of the advertising by the department. (b) All advertising material not accompanying the original application must be submitted to the…

(a) A contract or agreement for the disposition of a lot, parcel, unit or interest in a subdivision covered by the Act, where the property report has not been given to the purchaser in advance of the time of his signing, is voidable at the discretion of the purchaser. In addition…

(a) A subdivision or a part of a subdivision on which construction of a promised improvement for public use, convenience or necessity has not been completed may not be registered for disposition. However, an incomplete improvement does not constitute an objection if the future co…

(a) The department will in its discretion require surety bonds, escrow accounts, irrevocable bank letters of credit, or any other financial security which it considers adequate in assuring that a plan of development has adequate safeguards and assurances. In determining the secur…

In a transaction for the sale of land under the Act in which taxes are to be paid by either party or assessments are to be levied against the purchaser, a developer shall (1) certify that there are no taxes, other than current taxes, owing on the property involved at the date of …

A developer may not sell lots, units, parcels, or interests within a subdivision subject to a blanket encumbrance unless one of the following conditions or the equivalent, as determined by this chapter, is met: (1) all sums paid or advanced by purchasers are placed in an escrow o…

A blanket encumbrance must subordinate its lien to the rights of persons purchasing from the developer and provide that the developer is able to secure releases from the blanket encumbrance with respect to the property. The provisions must be acceptable to the department. For pur…

(a) If the encumbering instrument does not contain adequate release clauses, the lien, mortgage, or other encumbrances will be considered objectionable unless adequate reserves are maintained in a trust or escrow account. In determining the adequacy of the account, the department…

An instrument evidencing sale or disposition of an interest in a subdivision shall be executed in a recordable form in accordance with the laws of the state where the land is located. An applicant has the burden of an affirmative showing of this compliance. Notes 3 AAC 20.340 Eff…

An officer or employee of the department having authority to pass on the application of a subdivision or any association, firm, or corporation with which that officer or employee is associated will not act as a broker of a subdivision, lot, parcel, unit or interest in them, or of…

A developer is responsible for the acts of each broker, salesman, registered representative, and any other person he employs or engages to represent him which are performed within the scope of that employment or engagement. Notes 3 AAC 20.360 Eff. 4/3/76, Register 58 Authority:AS…

An owner, publisher, licensee or operator of any newspaper, magazine, television or radio broadcasting station or network of stations or the agents or employees of that owner, publisher, licensee or operator of that newspaper, magazine, station or network of stations is not liabl…

If a provision of this chapter or its application to any person, thing or circumstance is held invalid, that invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and accordingly the prov…

As used in this chapter, the following words and terms shall have the following meanings unless the context requires otherwise in AS 34.55, or in the forms, instructions and orders of the department: (1) "Act" means the Alaska Uniform Land Sales Practices Act; (2) "advertising" m…

(a) Forms A - F are intended to be guides in the preparation of the statements required under AS 21.22. They are not intended to be blank forms that are to be filled in. A statement filed must contain the numbers and captions of all items indicated on a form, but the text of the …

(a) Information required by an item of Form A, B, D, E, or F may be incorporated by reference in answer or partial answer to another item. Information contained in a financial statement, annual report, proxy statement, statement filed with a governmental authority, or other docum…

(a) Repealed 11/26/2015. (b) If it is impractical to furnish any required information, document, or report at the time it is required to be filed, the person required to furnish tile information, document, or report shall file with the director as a separate document an applicati…

(a) In addition to the information expressly required to be included in Forms A - F, additional information must be provided if it is necessary to make the information contained in Forms A - F not misleading. A person may also file any exhibits in addition to those expressly requ…

An amendment must be filed in the format of the original form identifying only those items that are being amended. An amendment of Form A, B, C, D, or E must include on the top of the cover page the phrase: "Amendment No....... to:" and must indicate the date of the amendment and…

A person required to file a statement under AS 21.22.010 shall furnish the required information on Form A, made a part of this section in substantially the following form: FORM A STATEMENT REGARDING THE ACQUISITION OF CONTROL OF OR MERGER WITH A DOMESTIC INSURER _________________…

Each applicant shall promptly advise the director of any changes in the information furnished in Form A arising after the date upon which the information was furnished but before the director's disposition of the application. Notes 3 AAC 21.070 Eff. 6/30/77, Register 62 Authority…

(a) If the person being acquired is a domestic insurer solely because of the provisions of AS 21.22.010(j), the name of the domestic insurer on the cover page must be indicated substantially as in the following example: "ABC Insurance Company, a subsidiary of XYZ Holding Company.…

Except as provided in 3 AAC 21.110, an insurer required to file an annual registration statement under AS 21.22.060 shall furnish the required information on Form B, made part of this section in substantially the following form: FORM B INSURANCE HOLDING COMPANY SYSTEM ANNUAL REGI…

Notes 3 AAC 21.095 Eff. 10/21/92, Register 124; repealed 11/26/2015, Register 216, January 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 compariso…

(a) An amendment to Form B must be filed with the division not later than 15 days after the end of any month in which there is a material change to the information provided in the annual registration statement. (b) An amendment to Form B must be filed in the format of the origina…

(a) An authorized insurer may file a registration statement on behalf of an affiliated insurer that is required to register under AS 21.22.060. A registration statement may include information not required by AS 21.22 regarding an insurer in the insurance holding company system e…

Notes 3 AAC 21.120 Eff. 6/30/77, Register 62; repealed 11/26/2015, Register 216, January 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 …