12 chapters · 505 sections in this title.
AS 23.10.450 Employee rights to avoid speech.
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(a) An employer, either personally or through an agent or representative, may not take or threaten to take adverse employment action against an employee because that employee refuses to: (1) attend an employer-sponsored meeting, the primary purpose of which is to communicate the …
AS 23.10.490 [Renumbered as AS 23.10.450]
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Article 8. Drug and Alcohol Testing by Employers. Sec. 23.10.500. — 23.10.550. [Renumbered as AS 39.20.500 — 39.20.550.]
AS 23.10.600 Employer protection from litigation.
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(a) If an employer has established a drug and alcohol testing policy and initiated a testing program under AS 23.10.600 — 23.10.699, a person may not bring an action for damages against the employer for (1) actions in good faith based on the results of a positive drug test or alc…
AS 23.10.610 Limits on causes of action for disclosures.
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A person may not bring an action for defamation of character, libel, slander, or damage to reputation against an employer who has established a program of drug testing or alcohol impairment testing under AS 23.10.600 — 23.10.699 if the action is based on drug or alcohol testing u…
AS 23.10.615 Employer's compliance voluntary.
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Compliance with AS 23.10.600 — 23.10.699 by employers is voluntary.
AS 23.10.620 Employer policy.
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(a) Under AS 23.10.600 — 23.10.699, an employer may only carry out the testing or retesting for the presence or evidence of use of drugs or alcohol after adopting a written policy for the testing and retesting and informing employees of the policy. The employer may inform employe…
AS 23.10.630 Collection of samples.
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(a) An employer may test an employee for the presence of drugs or for alcohol impairment. An employer may test a prospective employee for the presence of drugs. (b) In order to test reliably, an employer may require an employee or prospective employee to provide a sample of the i…
AS 23.10.640 Testing procedures.
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(a) Sample collection and testing for alcohol impairment and drugs under AS 23.10.600 — 23.10.699 shall be performed under reasonable and sanitary conditions. The person collecting samples shall document the sample, including labeling the sample to preclude to the extent reasonab…
AS 23.10.645 On-site testing.
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(a) An employer may include on-site drug and alcohol tests of employees and prospective employees as part of the employer's drug and alcohol testing policy under AS 23.10.600 — 23.10.699. In on-site testing under this section, an employer may only use products approved by the Foo…
AS 23.10.650 Training of test administrators.
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(a) Each employer shall ensure that at least one designated employee receives at least 60 minutes of training on alcohol misuse and at least an additional 60 minutes of training on the use of controlled substances. The training will be used by the designee to determine whether re…
AS 23.10.655 Disciplinary procedures.
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(a) An employer may take adverse employment action based on (1) a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy; (2) the refusal of an employee or prospective employee to provide a drug testing sample; or (3) the …
AS 23.10.660 Confidentiality of results; access to records.
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A communication received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program is a confidential and privileged communication and may not be disclosed except (1) to the tested employee or prospective employee o…
AS 23.10.670 Effect of mandatory testing obligations.
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An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of AS 23.10.600 — 23.10.699 even if the required policy or program is not consistent with AS 23.10.600 — 23.10.699,…
AS 23.10.699 Definitions.
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In AS 23.10.600 — 23.10.699, (1) “alcohol” means ethanol, isopropanol, or methanol; (2) “drug testing” means testing for evidence of the use of a drug; (3) “drugs” means a substance considered unlawful under AS 11.71 or the metabolite of the substance; (4) “employee” means a pers…
AS 23.15.010 Administration of vocational rehabilitation.
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The commissioner shall administer the vocational rehabilitation program.
AS 23.15.020 Powers and duties of commissioner.
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(a) The commissioner may cooperate with a federal agency, as provided and required by federal law for vocational rehabilitation. (b) The commissioner shall comply with the federal laws and the conditions necessary to secure the full benefit of the federal vocational rehabilitatio…
AS 23.15.030 Appointment of administrative officers.
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The commissioner may appoint administrative officers and delegate to them the authority necessary to carry out AS 23.15.010 — 23.15.210.
AS 23.15.040 Division of vocational rehabilitation established.
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The division of vocational rehabilitation is established under the commissioner to carry out AS 23.15.010 — 23.15.210.
AS 23.15.050 Director of vocational rehabilitation.
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The commissioner shall appoint a director of the division of vocational rehabilitation. The director has the administrative authority delegated by the commissioner and necessary to carry out AS 23.15.010 — 23.15.210 and the regulations and policies adopted by the commissioner.
AS 23.15.060 Agreements under Social Security Act.
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(a) The commissioner may enter into necessary agreements on behalf of the state with the Secretary of Health and Human Services to carry out the provisions of the federal Social Security Act, as amended, and as it is subsequently amended, relating to the making of determinations …
AS 23.15.080 Eligibility for vocational rehabilitation service.
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(a) Vocational rehabilitation service shall be provided directly or through a public or private instrumentality to an individual with a disability who (1) is a resident of the state at the time of application for the service and whose vocational rehabilitation the agency determin…
AS 23.15.090 Priority as to eligibility.
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If vocational rehabilitation service cannot be provided for all eligible individuals with disabilities who apply, the agency shall provide by regulation for determining the order to be followed in selecting those to whom the services will be provided.
AS 23.15.095 Gainful employment of individuals with disabilities.
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(a) When providing vocational training, vocational rehabilitation, or employment placement of an individual with a disability, the agency's primary objective and preferred outcome is to help the individual become gainfully employed in an integrated workplace where individuals wit…
AS 23.15.100 Powers and duties; vending facilities.
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(a) In carrying out AS 23.15.010 — 23.15.210, the agency shall (1) take the action it considers necessary or appropriate to carry out the purposes of AS 23.15.010 — 23.15.210 and adopt regulations in conformity with these purposes; (2) determine the eligibility of applicants for …
AS 23.15.110 Extension of services outside state.
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Vocational rehabilitation service may be extended to the continental United States to all individuals eligible under AS 23.15.010 — 23.15.210. The director may place professional or clerical personnel or both inside the continental United States to carry out the purposes of AS 23…
AS 23.15.120 Cooperation with federal government.
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(a) The agency shall cooperate with the federal government in carrying out the purposes of federal laws pertaining to vocational rehabilitation, including the licensing of blind persons to operate vending stands on federal property, and may adopt the methods of administration tha…
AS 23.15.125 Assistive technology loan guarantee and interest subsidy program.
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[Repealed or reserved.]
AS 23.15.130 Vocational rehabilitation small business enterprise revolving fund.
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(a) There is created in the state treasury a revolving fund designated as the vocational rehabilitation small business enterprise revolving fund. The fund shall be administered by the director. (b) Receipts from the net proceeds of vending facilities on public property, other tha…
AS 23.15.132 Vending facilities.
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(a) A vending facility may not be established on public property that is under the jurisdiction of the state except as authorized by the commissioner. (b) A vending facility authorized by the commissioner shall be selected and located after consulting with the persons responsible…
AS 23.15.133 Vendors' licenses.
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(a) The agency shall issue a license for the operation of a vending facility on public property to a blind person or a person with a severe disability who is a resident of the state at the time of application and who qualifies for a license under (1) 20 U.S.C. 107 — 107f (Randolp…
AS 23.15.134 Active participation by licensees with severe disabilities.
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The agency shall adopt regulations that ensure the opportunity for active participation by a licensee with severe disabilities in the administration of vending facilities operated by licensees with severe disabilities. The opportunity for active participation provided under this …
AS 23.15.135 Committee of blind vendors.
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(a) The Committee of Blind Vendors consisting of all blind licensees is established. The agency shall conduct a biennial election of a president, vice-president, secretary, and treasurer of the committee and may conduct elections to fill vacancies in office at any time. (b) The c…
AS 23.15.136 Group insurance for certain licensees.
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[Repealed or reserved.]
AS 23.15.140 Vocational Rehabilitation Fund. [Repealed, § 2 ch 23 SLA 1968.]
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[Repealed or reserved.]
AS 23.15.150 Custodian of funds.
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The Department of Revenue is designated custodian of all vocational rehabilitation funds in the state.
AS 23.15.160 Gifts.
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The commissioner may accept a gift or donation from a public or a private source that is offered unconditionally for carrying out AS 23.15.010 — 23.15.210. The commissioner may accept a conditional gift if, in the judgment of the agency, the conditions are proper and consistent w…
AS 23.15.170 Maintenance not assignable.
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The right of an individual with a disability to maintenance under AS 23.15.010 — 23.15.210 is not transferable or assignable at law or in equity.
AS 23.15.180 Hearings.
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(a) An individual applying for or receiving vocational rehabilitation who is aggrieved by the action or inaction of the agency is entitled to a fair hearing by the agency, in accordance with regulations. (b) A blind person or a person with a severe disability aggrieved by a decis…
AS 23.15.190 Misuse of lists and records.
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Except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, a person may not solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of a li…
AS 23.15.200 Limitation on political activity.
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An officer or employee engaged in the administration of the vocational rehabilitation program may not use official authority to influence or permit the use of the vocational rehabilitation program for the purpose of interfering with an election or affecting the results of an elec…
AS 23.15.210 Definitions.
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Article 2. State Vocational Rehabilitation Committee. In AS 23.15.010 — 23.15.210, (1) “active participation” means a process through which the Committee of Blind Vendors or a licensee is provided the opportunity to exert a major influence in program policies, standards, and proc…
AS 23.15.220 Purpose.
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The purpose of AS 23.15.220 — 23.15.320 is to create a State Vocational Rehabilitation Committee for Alaska to carry on a continuing program to promote the employment of people of the state with disabilities by creating statewide interest in the rehabilitation and employment of p…
AS 23.15.230 Appointment of committee.
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The governor shall appoint the members of the State Vocational Rehabilitation Committee for staggered terms not exceeding three years. The composition of the committee must be consistent with the requirements of 29 U.S.C. 725 and 3003, as amended. A member may be reappointed, and…
AS 23.15.240 Selection and term of chair.
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The members of the committee shall select a chair from among the voting members of the committee, subject to disapproval by the governor. The chair serves for one year or until a successor is selected.
AS 23.15.250 Compensation and expenses.
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Members of the committee may receive no compensation for services on the committee but are entitled to reimbursement for necessary expenses in accordance with existing law.
AS 23.15.260 Meetings.
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The committee shall meet four times a year, but, at the request of the governor, special meetings may be called. Meetings may be conducted telephonically.
AS 23.15.270 Cooperation with other committees and agencies.
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The committee shall work in close cooperation with local committees and with the President's Committee on Employment of People with Disabilities to carry out the purpose of AS 23.15.220 — 23.15.320 more effectively, and with state and federal agencies having responsibilities for …
AS 23.15.280 Appointment of advisors.
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The division of vocational rehabilitation, the State Employment Service, the Department of Health, and other state agencies that the committee names shall each designate a staff member who shall meet with the committee and act in an advisory capacity. The federal Veterans Employm…
AS 23.15.290 Employ people with disabilities week.
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Each year the governor shall issue a proclamation designating the first full week in October as Alaska Employ People with Disabilities Week. During this week, appropriate ceremonies shall be held throughout the state for the purpose of enlisting public support for, and interest i…
AS 23.15.300 Manner of handling funds.
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Funds to carry out AS 23.15.220 — 23.15.320 shall be appropriated, expended, and accounted for through the same procedures as funds for operation of the Department of Labor and Workforce Development.