Alaska Administrative Code

Notes 3 AAC 306.805 Eff. 2/21/2016, Register 217, April 2016; repealed 7/23/2023, Register 247, October 2023 Authority:AS 17.38.010 AS 17.38.070 AS 17.38.121 AS 17.38.131 AS 17.38.150 AS 17.38.190 AS 17.38.200 AS 17.38.900 State regulations are updated quarterly; we currently hav…

(a) The director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity may issue a verbal warning, an inspection report, an advisory notice, or a notice of violation on a license, permit, or endorsement. (b) A verbal warning may be iss…

(a) A notice of violation must be in writing on a form approved by the board and include (1) a description of each violation; (2) a statement of applicable statutes, regulations, or local laws that were violated; (3) a description of any history of prior violations of AS 17.38 an…

(a) The board will suspend or revoke a marijuana establishment license issued under this chapter if any licensee is convicted of a felony or of a crime listed in 3 AAC 306.010(d)(2) or (3), or if the board becomes aware that a licensee did not disclose a previous felony convictio…

If, in a proceeding to suspend, revoke, or otherwise discipline a marijuana establishment license under 3 AAC 306.809, 3 AAC 306.810, or 3 AAC 306.836, evidence shows that an employee or agent of a licensed marijuana establishment was responsible for an act that would justify sus…

(a) The board may suspend or revoke a permit issued under 3 AAC 306.700, impose probation under 3 AAC 306.836, or impose a civil fine under 3 AAC 306.840 if the board finds that a marijuana handler permit holder acted in violation of a statute, regulation, or local law. (b) The d…

Notes 3 AAC 306.815 Eff. 2/21/2016, Register 217, April 2016; repealed 7/23/2023, Register 247, October 2023 State regulations are updated quarterly; we currently have two versions available.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. M…

(a) A proceeding to suspend, revoke, or otherwise discipline a license, excluding proceedings under 3 AAC 306.809 and 3 AAC 306.836, must be initiated by service of an accusation on the licensee in compliance with AS 44.62.360 and 44.62.380. (b) The accusation must be served at t…

Notes 3 AAC 306.820 Eff. 2/21/2016, Register 217, April 2016; repealed 7/23/2023, Register 247, October 2023 State regulations are updated quarterly; we currently have two versions available.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. M…

(a) If the director finds that a person holding a marijuana establishment license has acted and appears to be continuing to act in a way that constitutes an immediate threat to the public health, safety or welfare, the director may issue an order immediately suspending the licens…

(a) The director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity may seize or place an administrative hold on marijuana or any marijuana product from a licensed or previously licensed marijuana establishment (1) if the marijuana …

Notes 3 AAC 306.835 Eff. 2/21/2016, Register 217, April 2016; repealed 7/23/2023, Register 247, October 2023 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. M…

(a) In a disciplinary decision on a notice of violation or suspension order, the board may place a license, permit, or endorsement on probation for a period of no greater than three years. To ensure good faith performance of all obligations by a party while under probation, the b…

(a) The board may, in addition to any other penalties imposed under this chapter, impose a civil fine in accordance with the Marijuana Control Board fine schedule dated March 23, 2021, and adopted by reference, on a marijuana establishment, licensee, or person that the board dete…

An aggrieved licensee or permittee subject to any action under 3 AAC 306.800 - 3 AAC 306.840 may request an informal conference with the director. The director will set the informal conference not later than ten days after receipt of the request. Notes 3 AAC 306.844 Eff. 7/23/202…

An aggrieved party may appeal to the board regarding any other action of the director, an enforcement agent, or an employee of the board charged with enforcing AS 17.38 or this chapter. The board wilt consider the appeal at the next regularly scheduled meeting of the board. (b) R…

A license issued under this chapter must be surrendered to the director, an enforcement agent, or an employee of the board on demand if the director or board so orders. A license issued under this chapter must be surrendered not later than 10 days after the marijuana establishmen…

Marijuana establishment applications are public records. The board may, at the request of any applicant, designate materials confidential if they (1) contain proprietary information including trade secrets; or (2) are required to be kept confidential by any federal or state law. …

Nothing in this chapter prohibits a licensee from refusing to sell marijuana or marijuana products to any person unless that refusal is a violation of AS 18.80.210. Notes 3 AAC 306.910 Eff. 2/21/2016, Register 217, April 2016 Authority:AS 17.38.010 AS 17.38.070 AS 17.38.121 AS 17…

Until a marijuana establishment surrenders its license to the board, and so long as business is conducted under the license on the licensed premises, the person holding the license, whether an individual, a partnership, a limited liability company, a corporation, or a local gover…

(a) If an individual who is the sole licensee of a marijuana establishment dies, the marijuana establishment shall cease operation. A personal representative appointed by the superior court for the estate of the deceased licensee may submit to the director a written request to re…

Except as otherwise specifically provided in this chapter, applications and communications of a formal nature must be submitted in writing, upon prescribed forms as appropriate, to the board at its main office, and are not considered timely filed until received there. Notes 3 AAC…

(a) The director of the board is responsible for the management of the board's offices, the administration of the board's functions, and the enforcement of AS 17.38 and this chapter. (b) The director shall employ and supervise necessary clerical and investigative personnel and sh…

(a) The board will, at the first meeting of each calendar year, select a chair from among its members to preside over board meetings during the ensuing year. (b) The board will meet at the call of the air after reasonable public notice is given. (c) For the purposes of AS 17.33.1…

(a) In AS 17.38 and this chapter, (1) REPEALED 3/11/2018 "assisting" does not include (A) using, displaying, purchasing, or transporting marijuana in excess of the amount allowed in AS 17.38.020; (B) possessing, growing, processing, or transporting marijuana plants in excess of t…

Notes 3 AAC 306.995 Eff. 4/17/2020, Register 234; am 8/23/2020, Register 235; am 11/24/2020, Register 236; repealed 8/13/2023, Register 247, October 2023 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most rece…

(a) The applicable nonrefundable fee for each type of license or service, established by the division of insurance under 3 AAC 31.020 - 3 AAC 31.090, must be paid to the director in advance of the action requested. (b) The director will promptly remit to the commissioner of reven…

(a) The following fees are established for resident and nonresident licenses, for insurance producers, managing general agents, reinsurance intermediary managers, reinsurance intermediary brokers, controlling insurance producers, third-party administrators, and independent adjust…

(a) The following fees are established for resident and nonresident licenses for viatical settlement providers, viatical settlement brokers, and viatical settlement representatives: (1) initial application or biennial renewal for a resident or nonresident viatical settlement prov…

Notes 3 AAC 31.030 Repealed 7/1/92. 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 added as we have more versions to compare…

(a) The following fee is established for a resident or nonresident initial application or biennial renewal of a surplus lines broker license for an individual or firm, including issuance of the license, if issued, $300. (b) If the division issues an initial biennial license withi…

(a) The following fees are established for insurers: (1) application for a certificate of authority, including a solicitation permit and issuance of the certificate, if issued, a one-time fee of $2,250; (2) annual continuation of a certificate of authority, $2,250; (3) amendment …

(a) The following fees are established: (1) with respect to a license for which the licensee failed to notify the director of the information required under AS 21.27.025 and within the time period required by AS 21.27.025, if notification is received (A) one - 60 days late, $50; …

Notes 3 AAC 31.070 Eff. 7/1/92, Register 123; repealed 10/13/2011, Register 200 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 …

Notes 3 AAC 31.090 Eff. 6/2/88, Register 106; am 7/9/92, Register 123; repealed 12/4/94, Register 132 After Register 132 (January 1995), the substance of 3 AAC 31.090 appears in 3 AAC 31.900. State regulations are updated quarterly; we currently have two versions available. Below…

3 AAC 31.200 - 3 AAC 31.299 apply to all persons who are required to file forms, rates, manuals, rating plans, rules, policies, certificates, or other documents under AS 21.39.040. 21.39.041, 21.39.043, 21.39.210, 21.39.220: AS 21.42.120, 21.42.123, 21.42.125: AS 21.51.405; AS 21…

(a) A person shall submit a filing electronically by (1) using an electronic filing system approved by the director under AS 21.96.080; or (2) electronic mail, if approved by the director. (b) If the director receives a filing or other requested information on a weekend or state …

(a) Each filing submitted to the director by electronic mail must include the appropriate transmittal document as described in 3 AAC 31.221 or 3 AAC 31.225. The transmittal document is considered part of the filing. Each filing submitted using an electronic filing system approved…

(a) A filing submitted by electronic mail must include (1) a copy of the appropriate transmittal document as described in 3 AAC 31.221 or 3 AAC 31.225; and (2) a copy of the filing materials and supporting documentation. (b) The director will respond to a filing submitted by elec…

(a) An insurer that submits a filing through an electronic filing system approved under AS 21.96.080 by the director shall submit the filing in accordance with the requirements for that electronic filing system. (b) If the electronic filing system becomes unavailable for use, the…

Notes 3 AAC 31.220 Eff. 12/4/94, Register 132; repealed 11/12/2006, Register 180 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…

(a) The transmittal document or transmittal document information in the case of filings submitted using an electronic filing system approved by the director under AS 21.96.080 required to be submitted with a life insurance, health insurance, or annuity filing under 3 AAC 31.210 i…

(a) The transmittal document required under 3 AAC 31.210(a) or transmittal document information in the case of filings submitted using an electronic filing system approved by the director under AS 21.96.080 and required under 3 AAC 31.210(a) must include (1) the name of the ratin…

In addition to the requirements under 3 AAC 31.200 - 3 AAC 31.217 and 3 AAC 31.225, a property, casualty, surety, marine, or mortgage guaranty rate filing must include (1) premium and loss experience, both nationwide and specifically for this state, shown separately by each year …

(a) Except as provided in (b) of this section, an insurer may not use or change health care insurance premium rates unless the rates and supporting documentation as required by this section have been filed with and approved by the director. Rates and supporting documentation requ…

In addition to the requirements under 3 AAC 31.200 - 3 AAC 31.217, 3 AAC 31.225, and 3 AAC 31.230, a filing by a participating insurer of a rating organization that aims to modify the rating organization's filed and approved loss'costs for a type of insurance by applying a loss c…

(a) Repealed 12/20/2020. (b) Text or numbers in a form that may vary must be bracketed or otherwise clearly and consistently identified in the form and a statement of variability must be submitted with the form that describes the conditions under which each variable text or numbe…

A licensee or its affiliate or subsidiary is not prohibited from charging and collecting fees included in an insurer's rate filing that has been properly filed. Notes 3 AAC 31.260 Eff. 12/20/2020, Register 236, January 2021 Authority:AS 06.40.010 AS 06.40.020 AS 21.06.090 AS 21.3…

In 3 AAC 31.200 - 3 AAC 31.299, (1) "replaced" or "revised," with respect to a form, rule, or rate page, (A) means a form, rule, or rate page with the same basic content or effect as a currently authorized or approved form, rule, or rate page and that will be used in place of the…

(a) The director will issue or renew a license to a person, or to be exercised by a person, in compliance with AS 21.96.110 and 3 AAC 31.300 - 3 AAC 31.449, if the director finds that the person (1) has complied with the application requirements of AS 21.27.040; (2) has provided …