Alaska Administrative Code

(a) The prevailing party may file a motion for attorney's fees and costs with the arbitrator in accordance with Alaska Rules of Civil Procedure 68, 79, and 82. For purposes of Alaska Rule of Civil Procedure 68(b), the arbitrator shall consider one of the following dates to be the…

In the event of conflict between a provisions of AS 09.43.010-09.43.180 (Uniform Arbitration Act) and a provision of AS 36.30, the provision of AS 36.30 shall be given precedence in arbitrations conducted under 2 AAC 12.950 - 2 AAC 12.989. Notes 2 AAC 12.988 Eff. 5/26/2004, Regis…

In 2 AAC 12.950 - 2 AAC 12.989, unless the context requires otherwise, (1) "business day" means a day other than Saturday, Sunday, or a state holiday; (2) "commissioner" means the commissioner of transportation and public facilities. Notes 2 AAC 12.989 Eff. 5/26/2004, Register 17…

(a) In this chapter (1) "business license" means a license required under the Alaska Business License Act (AS 43.70) and, for a person engaging in a business subject to licensing provisions of a regulatory nature, a license, certificate, permit, registration, or similar evidence …

(a) If payment for goods or services purchased by a state agency is not made on or before a required payment date as specified in AS 37.05.285(a), the state agency shall pay interest on the unpaid balance in accordance with AS 37.05.285(c). (b) If a seller of goods or services be…

(a) A state agency shall make a disbursement to a payee by electronic methods in accordance with AS 37.25.050(a), unless the (1) state agency has determined that another disbursement method is required or permissible under AS 37.25.050(b)(1), (3), (5), or (6); or (2) payee declin…

(a) The department shall dispose of all obsolete or surplus personal property of the state for which there is no immediate or prospective use. Disposal may be made by (1) sale, competitive or negotiated; (2) lease or license; (3) destruction; or, (4) in any other manner considere…

The department maintains a list of all people known to be interested in bidding for state owned property. Any person who wishes may have his name included on the list by making application to the department. Notes 2 AAC 20.020 Eff. 12/14/72, Register 44 These regulations were vol…

(a) The Girdwood/Turnagain Arm microwave television distribution system, which provides service to Bird Creek, Indian, and Girdwood, and the Kenai Peninsula microwave television distribution system, which provides service to Soldotna, Kenai, Homer, and other communities on the we…

(a) No claim for reimbursement for money expended, or for compensation for labor, materials, or supplies furnished, or services given to or for the state, may be processed under this chapter unless it first was promptly presented to the appropriate administrative or executive off…

(a) If the appropriate administrative or executive officer disallows all or part of the claim, the claimant may obtain a review of the officer's action by applying within 60 calendar days after receipt of the disallowance to the Department of Administration, P.O. Box C, Juneau, A…

(a) If a claim is disallowed by the Department of Administration, the claimant, the appropriate administrative or executive officer who approved the voucher for payment, or both, may appeal to the department from its original decision to disallow the claim by giving a written not…

Upon receipt of a notice of appeal under this chapter, the department will assign the matter to a hearing officer. Notes 2 AAC 25.040 Eff. 12/2/78, Register 68 Authority:AS 44.77.040

(a) Upon receipt of the assignment of a matter under this chapter, the hearing officer shall have all pertinent papers and memoranda relating to the claim and to the decision to disallow, as designated by any party to the appeal, transmitted to him. The hearing officer, in his di…

(a) At the hearing, the hearing officer shall hear the arguments of the claimant, the officer disallowing the payment, the officer approving the voucher, and any other interested party. (b) The hearing officer may hear witnesses on a question of fact involved. These witnesses mus…

If a question of law is involved in a claim presented under this chapter, the hearing officer will request a written opinion from the Department of Law. Notes 2 AAC 25.070 Eff. 12/2/78, Register 68 Authority:AS 44.77.040 AS 44.77.060

(a) After hearing the arguments of the parties and any witnesses, and obtaining a written opinion from the Department of Law (if necessary), the hearing officer may affirm, reverse, or modify the original decision disallowing the claim. The hearing officer's decision must be stat…

Notes 2 AAC 35.890 Eff. 3/21/82, Register 81; repealed 1/7/2001, Register 159 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 features will be…

Notes 2 AAC 35.010 In effect before 10/21/83, Register 93; am 11/9/89, Register 114; am 1/7/2001, Register 159; deleted as of Register 175, October 2005

Notes 2 AAC 35.015 Eff. 11/9/89, Register 114; am 7/12/90, Register 122; am 1/7/2001, Register 159; deleted as of Register 175, October 2005

Notes 2 AAC 35.020 In effect before 10/21/83, Register 93; deleted as of Register 175, October 2005

Notes 2 AAC 35.030 In effect before 10/21/83, Register 93; am 8/25/90, Register 122; deleted as of Register 175, October 2005

Notes 2 AAC 35.035 Eff. 8/25/90, Register 122; deleted as of Register 175, October 2005

Notes 2 AAC 35.050 In effect before 10/21/83, Register 93; am 8/25/90, Register 122; deleted as of Register 175, October 2005

(a) Public notice, under AS 39.35.005, of the proposed adoption, amendment, or repeal of a system regulation will include an informative summary of the action proposed to be taken; a date through which written comments on the proposed action will be accepted from the public; and …

(a) If a final decision by the administrator is in whole or in part adverse to the person seeking the decision, the division will include with that decision an outline of the procedures necessary for filing an administrative appeal of the decision and the notice of appeal form ne…

(a) A person who wishes to appeal a decision of the division under AS 39.35 shall file a notice of appeal with the division within 30 days after the date that the person receives notice of the decision. (b) Repealed 7/20/2006. (c) Repealed 7/20/2006. (d) A person who fails to fil…

Upon receipt of a timely notice of appeal, the division shall date stamp the receipt and promptly send a copy of that notice to the office of administrative hearings. If the only timely notice of appeal relates to the decision of the administrator not to accept an untimely notice…

A notice of appeal must include the following information: (1) the action by the division which the appellant is appealing and the relief the appellant seeks; (2) the grounds for the appeal; and (3) whether the appellant requests an informal conference with the division during th…

If an appellant requests an informal conference with the division under 2 AAC 35.120(3), the division will convene an informal conference in the office of the division, or at another location or by another means, such as by telephone, that is convenient for the appellant and the …

(a) When a person is required to make a filing with the division under AS 39.35 or this chapter, including a notice of appeal, the person may make that filing by hand-delivering or mailing the filing to any office of the division. When a person is required to make a filing with t…

(a) When a person is required to make a filing with the division, including a notice of appeal, or with the commissioner of administration within a certain time period under AS 39.35 or this chapter, the effective date of that filing is the day it is received by the division or t…

For purposes of compliance with the Internal Revenue Code, the defined contribution plan (AS 39.35.700-39.35.990) will be treated as an Internal Revenue Code sec. 414(k) (26 U.S.C. 414(k)) plan in which savings are accumulated in an individual retirement account for the exclusive…

(a) For purposes of compliance with the Internal Revenue Code 401(a)(7), the normal retirement benefit calculated under AS 39.35.870 is nonforfeitable upon attainment of normal retirement age. (b) Notwithstanding (a) of this section, a normal retirement benefit is subject to the …

(a) A nonvested member of the defined benefit plan (AS 39.35.095-39.35.680) who wishes to participate in the defined contribution plan (AS 39.35.700-39.35.990) under AS 39.35.940 must make that election within 12 months of the effective date of the member's employer's election to…

(a) Pursuant to AS 39.35.710, and for purposes of compliance with the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations, the Public Employees' Retirement System Tier 4 Defined Contribution Plan under AS 39.35.700 - AS 39.35.990 hereby adopts by refere…

With respect to State of Alaska employees stationed in foreign countries, compensation for retirement purposes will be considered to be the compensation which that employee would receive if the employee were working and holding the same position in Juneau, Alaska. Notes 2 AAC 35.…

(a) An employee may elect to make voluntary contributions to the employee savings account under AS 39.35.180, or may suspend or change the amount of voluntary contribution at the beginning of a payroll period. The employee shall give the administrator 30 days' notice of the elect…

(a) For purposes of compliance with the Internal Revenue Code 401(a)(7), the normal retirement benefit calculated under AS 39.35.370 is nonforfeitable upon attainment of normal retirement age. (b) Notwithstanding (a) of this section, a normal retirement benefit is subject to the …

(a) The employer shall transmit to the administrator records concerning an employee's period of service, date of birth, compensation, entrance into service, death, withdrawal and other data necessary for the proper and effective operation of the system not later than 10 days of t…

All of the fixed benefits in the defined contribution plan (AS 39.35.700-39.35.990) are subject to the limitation on benefits in sec. 415(b) of the Internal Revenue Code (26 U.S.C. 415(b)), including monthly disability payments under AS 39.35.890, monthly survivor pension payment…

(a) A period during which a member of the defined contribution plan (AS 39.35.700-39.35.990) is receiving an occupational disability benefit under AS 39.35.890 constitutes membership service for the purposes of determining vesting in employer contributions under AS 39.35.790(b) a…

A member of the defined contribution plan (AS 39.35.700-39.35.990) may not elect distributions from the member's individual account under AS 39.35.810 while the member is receiving or entitled to receive occupational disability benefits under AS 39.35.890. A beneficiary of a dece…

Notwithstanding AS 39.35.790(b), a member of the defined contribution plan (AS 39.35.700-39.35.990) who is appointed to occupational disability under AS 39.35.890 becomes fully vested in the employer contributions made under AS 39.35.890(d)(2) as those contributions are made. Not…

Survivor benefits under AS 39.35.890(k) and AS 39.35.892 that are being paid to a dependent child of a member of the defined contribution plan (AS 39.35.700-39.35.990) shall terminate on the last day of the month in which the dependent child ceases to be a dependent child as defi…

(a) For purposes of this chapter, at retirement, a member's termination from employment is considered valid only if there is no prearrangement between the member and the employer for continued employment in any capacity after the retirement effective date. If any prearrangement t…

Except as may be expressly authorized by AS 39.35.680(9) and AS 39.35.990(7), "remuneration" (1) means only the salary paid to an employee for standard services rendered; (2) does not include bonuses paid for retirement incentives, or additional pay outside the standard salary sc…