Title 23 — Labor and Workers' Compensation
12 chapters · 505 sections in this title.
AS 23.20.005 Purpose.
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(a) This chapter shall be liberally construed to accomplish its purposes to promote employment security by increasing opportunities for placement through the maintenance of a system of public employment offices and to provide through the accumulation of reserves for the payment o…
AS 23.20.010 Policy.
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As a guide to the interpretation and application of this chapter, the public policy of the state is declared to be as follows: Economic insecurity due to involuntary unemployment is a serious menace to the health, morals, and welfare of the people of the state. Involuntary unempl…
AS 23.20.012 Secs. 23.20.012 , 23.20.015. Policy on temporary unemployment compensation; annual report. [Repealed, § 25 ch 122 SLA 1977.]
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[Repealed or reserved.]
AS 23.20.020 Maintenance and protection of fund.
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If possible, there shall be provided in the fund a reserve against the liability in future years to pay benefits. Whenever the department believes that a change in contribution or benefit rates is necessary to protect the solvency of the fund, it shall promptly inform the governo…
AS 23.20.021 Certain appropriations to the fund.
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In accordance with AS 37.07 (Executive Budget Act), the legislature may appropriate money to the fund.
AS 23.20.022 Actuarial studies.
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On December 1, 1975, the commissioner shall submit to the governor an actuarial study of the unemployment tax and benefit structures established under this chapter. Thereafter, an actuarial study of the structures shall be submitted to the governor on December 1 of every second y…
AS 23.20.025 Establishment of Employment Security Advisory Council. [Repealed, § 16 ch 61 SLA 1995. For Alaska Workforce Investment Board, see AS 23.15.550 et seq.]
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[Repealed or reserved.]
AS 23.20.030 Director.
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(a) Subject to AS 23.20.035, the department shall appoint a director. The director shall administer this chapter under the authority which the department delegates. The department may not delegate the power to adopt, amend, or rescind regulations. (b) The department shall prescri…
AS 23.20.035 Duties and powers of director.
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(a) The director, in accordance with AS 23.20.020 and 23.20.030, shall employ persons, including a deputy director, make expenditures, require reports, make investigations, and take other action that the director considers necessary to carry out the authority of the office. (b) T…
AS 23.20.040 Qualifications of director.
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A person may not be appointed director unless the person is a citizen of the United States and qualified by training and experience to perform the duties of the office.
AS 23.20.045 Regulations.
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The department may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to administer this chapter.
AS 23.20.050 Publications.
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The department shall have printed for distribution to the public the text of this chapter, the department's regulations, the annual reports of the commissioner to the governor, and any other material the department considers relevant and suitable. The department shall furnish cop…
AS 23.20.055 Department records; admissibility.
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(a) The department may make summaries, compilations, photographs, duplications, or reproductions of records, reports, or transcripts of them which it considers advisable for the effective and economical preservation of the information contained in them. (b) The summaries, compila…
AS 23.20.060 Oaths and witnesses.
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In administering this chapter, the department may administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and production of books, papers, correspondence, memoranda, and other records considered nece…
AS 23.20.065 Subpoenas.
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In case of contumacy, or refusal to obey a subpoena issued to any person, the superior court may, upon application by the department, issue an order requiring the person to appear before the department to produce evidence if ordered, or to give testimony touching the matter under…
AS 23.20.070 Self-incrimination.
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A person may not be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the department, or in obedience to a subpoena of the department in a cause or proceeding before the department, or an appeal tribunal, on…
AS 23.20.075 Acquisition of land and buildings.
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(a) The department may acquire in the name of the state by term purchase agreements based on competitive bids in accordance with AS 36.30 (State Procurement Code) land and buildings upon terms and conditions that are approved by the Bureau of Employment Security of the United Sta…
AS 23.20.077 Application for demonstration programs.
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(a) The Department of Labor and Workforce Development shall pursue application with appropriate agencies to qualify this state as a pilot state for demonstration programs related to helping unemployed Alaskans regain employment, if administrative money is available to operate the…
AS 23.20.080 Federal-state cooperation.
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(a) In the administration of this chapter, the department shall cooperate, to the extent consistent with this chapter, with the Secretary of Labor, and shall take action through the adoption of regulations, administration methods, and standards that is necessary to obtain for thi…
AS 23.20.081 Emergency unemployment compensation program. [Repealed, §§ 9, 15 ch 28 SLA 1993.]
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[Repealed or reserved.]
AS 23.20.085 Interstate benefit payments.
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(a) The department shall enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, so that potential rights to benefits under this chapter may constitute the basis for payment of claims by another state…
AS 23.20.090 Reciprocal coverage and cooperation.
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(a) The commissioner may enter into reciprocal arrangements with appropriate and authorized agencies of other states or of the federal government, or both, whereby, notwithstanding AS 23.20.395, (1) service performed by an individual for a single employing unit for which service …
AS 23.20.095 Exchange of services, facilities, and information.
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(a) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and those states and the appropriate federal agencies exchanging services and making facilities an…
AS 23.20.100 Public employment offices.
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The department shall establish and maintain free public employment offices in the number and in the places which may be necessary for the administration of this chapter and for the purposes of performing functions which are within the scope of the Wagner-Peyser Act, as amended. T…
AS 23.20.105 Employing units to keep records and reports.
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An employing unit shall keep work records containing information which the department prescribes. The records shall be open to inspection and may be copied by the department at any reasonable time and as often as may be necessary. The department may require an employing unit to s…
AS 23.20.110 Information obtained by department.
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(a) Except for disclosures required by 42 U.S.C. 503, as amended, and 20 C.F.R. 603, as amended, and disclosures authorized under this section, the department shall hold information obtained from an employing unit or individual in the course of administering this chapter and dete…
AS 23.20.115 Unauthorized disclosure of information.
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A member of the department, an employee of the department, an agent of the department, or an officer or employee of a state, federal, municipal, or other agency that has been provided with information by the department who, in violation of AS 23.20.110, makes a disclosure of info…
AS 23.20.120 Examination of bank.
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The department may request the Comptroller of the Currency of the United States to make or have made an examination of the correctness of a return or report of a national banking association rendered under this chapter. The department may, in connection with the request, transmit…
AS 23.20.125 Data to be collected. [Repealed, § 1 ch 74 SLA 1965.]
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Article 2. Funds.
AS 23.20.130 Unemployment compensation fund; training and building fund; establishment and control.
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(a) There shall be maintained, as special funds separate and apart from all public funds of this state, an unemployment compensation fund, which shall be administered by the department exclusively for the purposes of this chapter, and a training and building fund. (b) The unemplo…
AS 23.20.135 Accounts and deposit.
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(a) The commissioner of revenue is ex officio the treasurer and custodian of the fund and shall administer it as directed by the department. Disbursements shall be issued from the fund in accordance with AS 37.25.050 and the regulations that the department adopts. The fund has th…
AS 23.20.140 Advances.
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When, in accordance with 42 U.S.C. 1321 — 1324 (Title XII, Social Security Act), as amended, the balance in the unemployment trust fund reaches a point where the governor must apply for an advance in order to obtain for the state and its citizens the advantages available under 42…
AS 23.20.145 Withdrawals.
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(a) In accordance with regulations adopted by the department, money shall be requisitioned from the state's account in the unemployment trust fund solely for the payment of benefits and refunds, except that money credited to the state's account under 42 U.S.C. 1103 (§ 903, Social…
AS 23.20.150 Discontinuance of unemployment trust fund.
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(a) To the extent that AS 23.20.130 — 23.20.140 relate to the unemployment trust fund, they are operative only so long as the unemployment trust fund exists and so long as the Secretary of the Treasury of the United States of America maintains for the state a separate book accoun…
AS 23.20.155 Employment security administration fund.
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(a) There is created a special fund in the state treasury known as the employment security administration fund. (b) All money deposited into this fund shall be continuously available to the department for expenditure in accordance with this chapter, and may not lapse at any time …
AS 23.20.160 Reimbursement of fund.
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Article 3. Contributions. If money received from the Department of Labor under 42 U.S.C. 501 — 504 (Title III, Social Security Act), or money granted to this state under the Wagner-Peyser Act, as amended, or money made available by this state and matched by money granted to this …
AS 23.20.165 Payment of contributions.
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(a) Contributions with respect to wages for employment accrue and are payable by an employer for each calendar year in which the employer is subject to this chapter. Contributions become due and shall be paid by an employer to the department for the fund in accordance with regula…
AS 23.20.170 Rate of contributions.
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(a) [Repealed, § 80 ch 9 SLA 1980.] (b) An employer who is not entitled to a rate determination under AS 23.20.280 — 23.20.310 because the employer is ineligible under AS 23.20.281 shall pay contributions at a rate equal to the average industry tax rate as determined by the commi…
AS 23.20.175 Base of contributions.
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(a) [Repealed, § 30 ch 100 SLA 1989.] (b) [Repealed, § 30 ch 100 SLA 1989.] (c) For the purposes of AS 23.20.165 and 23.20.170, wages do not include that part of remuneration paid during any calendar year to an individual by an employer or by a predecessor of the employer that ex…
AS 23.20.180 Records and analysis of experience with unemployment risk.
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For each calendar year the department shall maintain separate accounts for each employer and claimant to obtain facts and studies upon which the legislature may determine whether an experience rating system should be adopted to require contributions from employers based upon thei…
AS 23.20.185 Interest on past due contributions.
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(a) If contributions are not paid on the date on which they are due, the amount remaining unpaid bears interest at the rate of 12 percent per year from the due date until payment plus accrued interest is received by the department. Interest collected under this section shall be d…
AS 23.20.190 Penalty for failure to file reports.
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(a) An employer required to pay contributions under the provisions of AS 23.20.165 who fails to file a contribution report and wage schedule on the date it is due is subject to a penalty, to be assessed and collected in the same manner as contributions. If the report is filed wit…
AS 23.20.195 Penalty for nonpayment of contribution.
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(a) If the contributions are unpaid after 30 days from the date of mailing or personal delivery of a written demand for payment, the department may assess and collect in the same manner as contributions a penalty equal to the greater of 10 percent of the contributions due or $10.…
AS 23.20.200 Lien.
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(a) A claim for contributions, including interest and penalties, not paid when due is a lien in favor of the state against all the real and personal property of the employer. (b) The claim becomes a lien when the department records a notice of the lien with the recording officer …
AS 23.20.205 Notice of assessment, distraint, seizure, and sale.
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(a) If the department finds that a contribution including interest or penalty on the contribution is delinquent, the department may issue a notice of assessment specifying the amount due and may serve it on the delinquent employer. The notice must inform the employer of the depar…
AS 23.20.210 Inventory and sale.
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(a) Upon making a distraint, the department shall seize the property and make an inventory of it. The department shall mail or personally deliver a copy of the inventory to the owner of the property, and shall specify the time and place when the property is to be sold. Notice spe…
AS 23.20.215 Notice and order to withhold and deliver.
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(a) The department may issue a notice and order to withhold and deliver property of any kind to a person or a political subdivision or department of the state when (1) the department has reason to believe that the person, political subdivision, or department possesses property wh…
AS 23.20.220 Appeals.
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(a) When a notice of assessment is delivered or mailed to a delinquent employer, the employer may within 30 days file an appeal in writing with the department, stating that the assessment is unjust or incorrect and requesting a hearing on it. The period for filing an appeal may b…
AS 23.20.225 Adjustments and refunds.
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(a) Within two years after contributions or interest are erroneously paid, an employer who has paid such contributions or interest may file a written petition with the department for an adjustment of the payment as an offset against subsequent contribution payments, or for a refu…
AS 23.20.230 Arbitrary reports.
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If an employing unit fails or neglects to make or file a report or return required by this chapter, the department, upon the basis of knowledge available to it, may arbitrarily make a report on behalf of the employing unit. The report is considered prima facie correct.