Alaska Administrative Code

Notes 2 AAC 50.825 Eff. 7/20/95, Register 135; repealed 12/22/2011, Register 200 State regulations are updated quarterly; we currently have two versions available.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…

(a) The procedure in this section applies when AS 15.13.374 or any provision of this chapter authorizes the staff to prepare a draft advisory opinion or other recommended decision for the commission's review. A staff recommendation must be in writing, set out applicable facts and…

(a) A person that receives an adverse staff decision, including a penalty assessment under 2 AAC 50.855, may appeal the staff decision to the commission as provided in this section. Unless otherwise provided, a person must appeal from an adverse staff decision by filing a notice …

(a) A commission member who has a conflict of interest or a relationship that creates an appearance of impropriety, or who is otherwise unable to participate in a decision in an unbiased manner so as to reach a fair and impartial decision on a matter before the commission may not…

(a) The commission staff shall review any request for an advisory opinion submitted under AS 15.13.374. If the staff determines that a request for an advisory opinion does not satisfy the requirements of AS 15.13.374(b), the staff shall reject the request and notify the person ma…

(a) A statement, report, or registration required under AS 15.13, AS 24.45, AS 24.60.200-24.60.260, AS 39.50, this chapter, or a commission order requiring the statement, report, or registration is late if not filed electronically or by another method the commission requires on o…

(a) Nonreceipt.A person's failure to receive a notice of deficiency does not excuse that person's failure to mail or deliver each required filing on or before the due date for that filing. (b) Notice of deficiency.Except as provided in (f) and (g) of this section, if a person req…

(a) If, no later than 30 days after the due date, a person responsible for filing a registration, statement, or report required under AS 15.13, AS 24.45, AS 24.60.200-24.60.260, or AS 39.50 that is late or incomplete corrects the deficiency, the commission staff shall assess a pe…

(a) A person who receives a penalty assessment under 2 AAC 50.855 may appeal the assessment to the commission by submitting a written statement(1) explaining any reason the person disputes any fact relevant to the assessment; (2) including an affidavit that states facts to suppor…

(a) A civil penalty determined under 2 AAC 50.855 may be reduced by up to 50 percent if (1) a person required to file a statement or other filing(A) has a good filing history; in this subparagraph, "good filing history" means (i) no late filings in the immediately preceding five …

(a) A person, including a member of the commission or the staff, may file a complaint alleging a violation of AS 15.13, AS 24.45, AS 24.60.200 - 24.60 260, AS 39.50, or this chapter. (b) A complaint under this section must be in writing, and must be signed, under oath and upon pe…

(a) The staff shall undertake an investigation of a complaint that the staff or the commission determines meets the criteria in 2 AAC 50.870(c). The staff shall initiate an investigation if the commission or staff obtains information that, if true, would constitute a substantial …

(a) A person alleged to be in violation may file an answer (1) to the complaint not later than 15 days after receiving notice that the complaint satisfies the requirements in 2 AAC 50.870(a); or (2) to the investigation report not later than 10 days after receiving the investigat…

(a) At any time after a complaint is filed or after the staff initiates an investigation, the respondent may enter into a consent agreement with the staff. Notwithstanding 2 AAC 50.875, the staff may suspend an investigation if the respondent enters into a consent agreement befor…

(a) A complainant, the staff, or a respondent may request expedited consideration when a complaint is filed or any time before the date for an answer as provided in 2 AAC 50.880. A request for expedited consideration must be submitted as a separate document from any other filing,…

Notes 2 AAC 50.890 Eff. 7/20/95, Register 135; am 1/1/2001, Register 156; am 2/20/2005, Register 173; repealed 12/22/2011, Register 200 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the…

(a) The commission will conduct a hearing on a complaint, an investigation report, or a consent decree, in compliance with AS 44.62.330-44.62.630. (b) The commission will give the complainant and respondent reasonable notice of the date, time, and place of the hearing. In additio…

(a) If a person that is assessed a civil penalty for a violation of this chapter refuses or fails to appeal or pay the penalty, the commission will refer the matter to the attorney general for appropriate action. (b) If, before the commission concludes action on a complaint, the …

In 2 AAC 50.801 - 2 AAC 50.899, unless the context requires otherwise, (1) "delivered" means conveyed by hand-delivery, electronic submission, or facsimile transmission; (2) "mailed" means sent by first class or higher priority service using the United States Postal Service. Note…

Notes 2 AAC 50.905 Eff. 1/4/86, Register 97; am 7/20/95, Register 135; am 1/1/2001, Register 156; am 2/20/2005, Register 173; repealed 12/22/2011, Register 200 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our mos…

Notes 2 AAC 50.910 Eff. 5/16/76, Register 58; am 1/4/86, Register 97; am 1/1/2001, Register 156; repealed 12/22/2011, Register 200 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prio…

Notes 2 AAC 50.920 Eff. 5/16/76, Register 58; am 1/1/2001, Register 156; am 2/20/2005, Register 137; repealed 12/22/2011, Register 200 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the …

In this chapter, unless the context requires otherwise: (1) "agent" (A) means a representative or one who is authorized to act for another; (B) includes a contractor or subcontractor; (2) "anything of value" (A) except as provided in (B) of this paragraph, means any item, propert…

The goals of the commission are to (1) assist in the establishment and support of public broadcasting facilities in the state in order to provide the people of Alaska with the opportunity to(A) make informed decisions as participants in local, state, and national governments; (B)…

The commission will, in its discretion, make grants of funds and property to nonprofit corporations which use the funds or property to establish and operate public broadcasting stations in accordance with the provisions of this chapter, and with the understanding that all propert…

A corporation is qualified to receive funds and properties from the commission and to establish and operate public broadcasting facilities in this state if (1) the corporation is organized as a nonprofit organization under AS 10.20 and is qualified as tax exempt by the United Sta…

If a corporation qualifies under 2 AAC 55.030, it shall then (1) provide the commission, for its review and comment,(A) a statement of objectives responsive to the needs of the area served by the facility; (B) a schedule of proposed programs that would meet identified objectives …

Violation of 2 AAC 55 or regulations of the Federal Communications Commission by a qualified corporation is cause for the commission to withhold funds from that corporation. A finding of violation will only be made by a majority of the commission's membership and only after notic…

Notwithstanding any other provision of 2 AAC 55.010 - 2 AAC 55.080, a state-supported public broadcasting station operated by a school, college, or university may receive support from the commission if it (1) causes the establishment of a public board broadly representative of th…

From time to time the commission may reasonably delegate authority to a qualified individual to perform duties of the commission not inconsistent with these regulations. Such authority shall be subject to direction and revocation by the commission at all times and in no case shal…

In this chapter, unless the context otherwise requires, "commission" means the Alaska Public Broadcasting Commission or its designee. Notes 2 AAC 55.080 Eff. 9/1/73, Register 47; am 6/24/79, Register 70 Authority:AS 44.21.264 AS 44.21.290 State regulations are updated quarterly; …

An attorney appointed by the court under Alaska Administrative Rule 12(b)(1)(B) is compensated at the rate set by the office of public advocacy. Except for when excess compensation has been authorized under 2 AAC 60.060, total compensation for a case for which the office of publi…

Multiple counts or charges in an indictment or information are considered a single case for purposes of compensation under this chapter, but the public advocate may treat them as separate cases if separate trials have been ordered under Rule 14, Alaska Rules of Criminal Procedure…

(a) A guardian ad litem appointed by the court is compensated as follows: (1) an attorney appointed as guardian ad litem is compensated as provided in 2 AAC 60.010(2); (2) a person other than an attorney appointed as guardian ad litem is compensated in an amount between $35 and $…

Extraordinary expenses for appointed attorneys, guardians ad litem, and investigators will be reimbursed only if prior authorization has been obtained from the public advocate. In this section, "extraordinary expenses" means expenses for (1) investigation; (2) experts; (3) necess…

The first claim for compensation must be submitted to the office of public advocacy, on a form provided by that office, by the fifth of the month immediately following the month in which the case is assigned to the appointed individual. All subsequent claims must be submitted by …

The public advocate may, in extraordinary cases, authorize payment of compensation in excess of the amounts prescribed in this chapter. An application for compensation in excess of amounts prescribed in 2 AAC 60.010 and 2 AAC 60.030 must be submitted as soon as the appointed indi…

When appointed by the court, the Office of Public Advocacy (OPA) serves as public guardian or conservator of individuals needing guardianship or conservatorship services. The purpose of 2 AAC 60.070 - 2 AAC 60.120 is to establish the procedures that OPA shall use to charge and co…

(a) The OPA shall charge a case opening fee for establishment of a guardianship or conservatorship case, including a fee for any reappointments for the same client if the reappointment is made more than three months after the termination of a prior appointment. The case opening f…

(a) The OPA shall evaluate a client's estate on the following occasions: (1) for the case opening or monthly fees for guardianship or conservatorship services, within 90 days of OPA's appointment by the court; (2) for the sale of property fee, within 30 days of the sale of the pr…

(a) The OPA may collect the case opening fee described in 2 AAC 60.080(a) after the filing of the court order appointing OPA as the guardian or conservator of a client, and at least 15 days after OPA provides notice to the client as required under 2 AAC 60.080(e). The OPA shall c…

(a) The following sliding scale fee schedule shall be used by OPA to calculate a monthly fee for conservatorship services, and for combined guardianship and conservatorship services: Total Value of Client's Liquid Assets Monthly Fee $0 - 9,999 $85 10,000 - 14,999 90 15,000 - 19,9…

Unless the context indicates otherwise, as used in 2 AAC 60.070 - 2 AAC 60.120, (1) "annual court report" means the annual report required by AS 13.26.118(a) or any other client-related annual accounting report ordered by the court; (2) "case opening" means the internal administr…

(a) The provisions of this section establish the criteria that the office of elder fraud and assistance (OEFA) will use to determine the availability of and eligibility for services provided by the OEFA to older Alaskans who are victims of fraud. (b) To determine if an individual…

The OEFA will not provide legal services to an older Alaskan accepted by the OEFA under 2 AAC 60.300, unless the older Alaskan has entered into a fee agreement with the OEFA. The fee agreement must be a contingency fee agreement in compliance with the Alaska Rules of Professional…

In 2 AAC 60.300 - 2 AAC 60.390, unless the context otherwise requires, (1) "active litigation" means a case in court that is pending resolution; (2) "client" means an older Alaskan who has entered into a fee agreement with the OEFA under 2 AAC 60.310; (3) "fraud" has the meaning …

(a) The purpose of 2 AAC 64.010 - 2 AAC 64.090 is to implement the requirement of AS 44.64.050 to adopt a code of hearing officer conduct. (b) The provisions of 2 AAC 64.010 - 2 AAC 64.090 apply as provided in AS 44.64.050 to an individual conducting a state administrative hearin…