Title 44, State Government

Rule-making power conferred by ch 64 SLA 1959 is subject to this chapter.

Except for the authority conferred on the lieutenant governor in AS 44.62.130 — 44.62.170, AS 44.62.010 — 44.62.319 do not confer authority on or augment the authority of a state agency to adopt, administer, or enforce a regulation. To be effective, each regulation adopted must b…

Article 2. Submission, Filing, and Publication of Regulations. If, by express or implied terms of a statute, a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, a regulation adopted is not …

(a) Subject to (c) of this section, every state agency that by statute possesses regulation-making authority shall submit to the lieutenant governor for filing a certified original and one duplicate copy of every regulation or order of repeal adopted by it, except one that (1) es…

The Department of Law shall prepare and shall revise when necessary a drafting manual for administrative regulations that prescribes the style and forms for submitting regulations under AS 44.62.040.

(a) Every state agency that by statute possesses regulation-making authority shall work with the Department of Law, under AS 44.62.125, in the preparation and revision of its regulations and shall adhere to the drafting manual for administrative regulations prepared by the Depart…

A state officer or public official may not charge a fee to perform an official act in connection with the certification, submission, or filing of regulations under AS 44.62.040 — 44.62.120.

(a) The lieutenant governor shall (1) endorse on the certified copy of each regulation or order of repeal filed, the time and date of filing; and (2) maintain, for five years after filing, a permanent file of the certified copies of regulations and orders of repeal for public ins…

[Repealed or reserved.]

(a) The filing of a certified copy of a regulation or an order of repeal by the lieutenant governor raises the rebuttable presumptions that (1) it was duly adopted; (2) it was duly filed and made available for public inspection at the day and hour endorsed on it; (3) all requirem…

(a) The publication of a regulation in the Alaska Administrative Code or register raises a rebuttable presumption that the text of the regulation as so published is the text of the regulation adopted. (b) The courts shall take judicial notice of the contents of each regulation or…

With the approval of the lieutenant governor, a state agency may submit to the lieutenant governor for filing a regulation or order of repeal of a regulation not required by AS 44.62.040 to be submitted. If the lieutenant governor accepts the regulation or order of repeal, the li…

Article 3. The Alaska Administrative Register and Code. (a) In the Department of Law a particular attorney, called the regulations attorney, shall be assigned, as the attorney's primary responsibility, the functions relating to the handling of administrative regulations. (b) The …

(a) The lieutenant governor shall provide for the continuing compilation, codification, and publication, with periodic supplements, of all regulations filed by the lieutenant governor's office, or of appropriate references to any regulations the printing of which the lieutenant g…

(a) Except as provided in this section, the lieutenant governor shall supply a complete set of the Alaska Administrative Code, and of the Alaska Administrative Register, and of each supplement to the code or register to the clerk of each local government unit, or if the authority…

[Repealed or reserved.]

(a) The Alaska Administrative Register shall be published quarterly on the first day of the month. All regulations required to be submitted under AS 44.62.040 that are filed by the first day of the month preceding publication shall be published in the register for that quarter. (…

[Repealed or reserved.]

Article 4. Procedure for Adopting Regulations. (a) The lieutenant governor shall develop and supervise the Alaska Online Public Notice System, to be maintained on the state's site on the Internet. The lieutenant governor shall prescribe the form of notices posted on the system by…

A regulation or an order of repeal filed by the lieutenant governor becomes effective on the 30th day after the date of filing unless (1) otherwise specifically provided by the statute under which the regulation or order of repeal is adopted, in which event it becomes effective o…

(a) At least 30 days before the adoption, amendment, or repeal of a regulation, notice of the proposed action shall be (1) published in the newspaper of general circulation or trade or industry publication that the state agency prescribes and posted on the Alaska Online Public No…

If the adoption, amendment, or repeal of a regulation would require increased appropriations by the state, the department or agency affected shall prepare an estimate of the appropriation increase for the fiscal year following adoption, amendment, or repeal of the regulation and …

(a) The notice of proposed adoption, amendment, or repeal of a regulation must include (1) a statement of the time, place, and nature of proceedings for adoption, amendment, or repeal of the regulation; (2) reference to the authority under which the regulation is proposed and a r…

(a) On the date and at the time and place designated in the notice the agency shall give each interested person or the person's authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present …

(a) Notwithstanding any other provision of this chapter, while an agency is developing a regulatory action and before the agency provides a notice of proposed action under AS 44.62.190, the agency may contact a person about the development of the regulatory action, and the agency…

In the drafting, review, or other preparation of a proposed regulation, amendment, or order of repeal, an agency, other than the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission, the office of victims' righ…

[Repealed or reserved.]

Unless the right to petition for adoption of a regulation is restricted by statute to a designated group or the procedure for the petition is prescribed by statute, an interested person may petition an agency for the adoption or repeal of a regulation as provided in AS 44.62.180 …

Upon receipt of a petition requesting the adoption, amendment, or repeal of a regulation under AS 44.62.180 — 44.62.290, a state agency shall, within 30 days, deny the petition in writing or schedule the matter for public hearing under AS 44.62.190 — 44.62.215. However, if the pe…

If a regulation adopted by an agency under this chapter is primarily legislative, the regulation has prospective effect only. A regulation adopted under this chapter that is primarily an “interpretative regulation” has retroactive effect only if the agency adopting it has adopted…

(a) In adopting a regulation that incorporates a document or other material by reference, a state agency may incorporate future amended versions of the document or other material if the adopted regulation identifies or refers to the document or other material followed by the phra…

(a) Except for a regulation adopted under AS 11.71.125, a regulation or order of repeal may be adopted as an emergency regulation or order of repeal if a state agency makes a written finding, including a statement of the facts that constitute the emergency, that the adoption of t…

(a) Except as provided in (c) of this section, a regulation adopted as an emergency regulation does not remain in effect more than 120 days unless the adopting agency complies with AS 44.62.040(c), 44.62.060, and 44.62.190 — 44.62.215 either before submitting the regulation to th…

It is the state policy that emergencies are held to a minimum and are rarely found to exist. Nothing in this section limits the attorney general from scheduling a substance by emergency regulation under AS 11.71.125.

It is the purpose of AS 44.62.180 — 44.62.290 to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative regulations. Except as provided in AS 44.62.250, AS 44.62.180 — 44.62.290 apply to the exercise of quasi-legislative power con…

Article 5. Judicial Review. (a) AS 44.62.180 — 44.62.290 do not apply to a regulation not required to be submitted to the lieutenant governor under AS 44.62.010 — 44.62.319. (b) Only this section and AS 44.62.180 apply to a regulation that prescribes the organization or procedure…

(a) An interested person may get a judicial declaration on the validity of a regulation by bringing an action for declaratory relief in the superior court. In addition to any other ground the court may declare the regulation invalid (1) for a substantial failure to comply with AS…

Article 6. Open Meetings of Governmental Bodies. (a) Notwithstanding any other provision of law to the contrary and except as provided in (f) and (g) of this section, a person may obtain judicial relief in an administrative matter from the superior court before the state agency h…

(a) All meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law. Attendance and participation at meetings by members of the public or by members of a governmental body may be b…

(a) It is the policy of the state that (1) the governmental units mentioned in AS 44.62.310(a) exist to aid in the conduct of the people's business; (2) it is the intent of the law that actions of those units be taken openly and that their deliberations be conducted openly; (3) t…

AS 44.62.310 — 44.62.319 may be cited as the Open Meetings Act.

Article 7. Administrative Adjudication.

(a) The procedure of the state boards, commissions, and officers listed in this subsection or of their successors by reorganization under the constitution shall be conducted under AS 44.62.330 — 44.62.630. This procedure, including accusations and statements of issues, service, n…

(a) An agency listed in AS 44.62.330 may delegate the power to act, to hear, and to decide, unless expressly prohibited by law. (b) In a law enacted after April 29, 1959, where the word “agency” alone is used, the power to act may be delegated by the agency, and where the words “…

(a) The governor shall assign a qualified, unbiased, and impartial hearing officer, with experience in the general practice of law, to conduct hearings under this chapter that are not conducted by the office of administrative hearings (AS 44.64.010). A hearing officer may perform…

A hearing to determine whether a right, authority, license, or privilege should be revoked, suspended, limited, or conditioned is initiated by filing an accusation. The accusation must (1) be a written statement of charges setting out in ordinary and concise language the acts or …

(a) A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed is initiated by filing a statement of issues. The statement of issues is a written statement specifying (1) the statute and regulation with which the respondent must…

(a) Upon filing the accusation, the agency (1) shall serve a copy of the accusation on the respondent as provided in (c) of this section; (2) shall include with the accusation a post card or other form entitled “Notice of Defense” that, when signed by or on behalf of the responde…

(a) Within 15 days after service upon the respondent of the accusation, the respondent may file with the agency a notice of defense. In the notice the respondent may (1) request a hearing; (2) object to the accusation upon the ground that it does not state acts or omissions upon …

At any time before the matter is submitted for decision the agency may file or permit the filing of an amended or supplemental accusation. All parties shall be notified of the filing. If the amended or supplemental accusation presents new charges the agency shall give the respond…