reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 9. Negotiated Regulation Making. › Sec. 44.62.800. Definitions.

In AS 44.62.710 - 44.62.800,
(1) “agency” means a department, an institution, or a division or other administrative unit of the executive branch of state government authorized or required by law to make regulations, except that “agency” does not include
(A) a board, a commission, a council, an authority, or a public corporation of the executive branch of state government authorized or required by law to make regulations; or
(B) the Department of Corrections;
(2) “agency head” means
(A) the commissioner or other head of an agency who has the authority to adopt regulations for the agency; or
(B) [Repealed, § 44 ch 24 SLA 2003.]
(3) “consensus” means unanimous concurrence among the interests represented on a negotiated regulation making committee;
(4) “convener” means a person who is impartial and performs the services identified under AS 44.62.730 for an agency;
(5) “facilitator” means a person who is impartial and performs the services identified under AS 44.62.760(b) for a negotiated regulation making committee;
(6) “negotiated regulation making” means regulation making through the use of a negotiated regulation making committee;
(7) “negotiated regulation making committee” means an advisory committee to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed regulation;
(8) “person” has the meaning given in AS 01.10.060, and expressly includes a public organization of any character;
(9) “regulation” has the meaning given in AS 44.62.640 and includes the amendment or repeal of a regulation.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 10. General Provisions. › Sec. 44.62.930. Teleconferencing.

(a) An agency may use teleconferencing for the benefit or convenience of the parties, the public, or the agency, in connection with a proceeding or act authorized under this chapter if all statutory and constitutional rights of the parties are waived or adequately protected.
(b) Teleconferencing may be used to establish quorums, receive public input, and, if all voting individuals have an opportunity to evaluate all testimony and evidence, to vote on actions.
2023 Alaska Statutes › Title 44. State Government › Chapter 64. Hearing Officers and Office of Administrative Hearings › Sec. 44.64.010. Office created.

(a) There is created in the Department of Administration an independent office of administrative hearings under the direction of the chief administrative law judge.
(b) The chief administrative law judge must
(1) be a resident of the state;
(2) have experience in administrative law;
(3) be licensed to practice law in this state and have been admitted to practice law in this state for at least five years; and
(4) have experience representing clients in administrative or judicial proceedings.
(c) The chief administrative law judge is appointed to a five-year term of office by the governor and is subject to confirmation by the legislature. An individual may serve not more than three full or partial terms as chief administrative law judge. The governor may remove the chief administrative law judge from office only for good cause. The basis for removal shall be stated in writing. A vacancy in the office of chief administrative law judge shall be filled by the governor, and the individual appointed serves for the remainder of the term to which appointed.
(d) The chief administrative law judge shall receive a monthly salary that is not less than Step A nor more than Step F, Range 27, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska. The chief administrative law judge is in the partially exempt service.
2023 Alaska Statutes › Title 44. State Government › Chapter 64. Hearing Officers and Office of Administrative Hearings › Sec. 44.64.040. Administrative law judges.

(a) An administrative law judge must be admitted to practice law in this state and must have been admitted to practice in this state for at least two years before being employed or retained with the office. The chief administrative law judge shall establish additional qualifications for administrative law judges employed or retained by the office and for those administrative law judges that may be assigned to particular types of cases. An administrative law judge is in the partially exempt service. Notwithstanding AS 39.25.120(b), full-time administrative law judges employed by the office are subject to the personnel rules adopted under AS 39.25.150(7), (15), and (16).
(b) An administrative law judge employed or retained by the office may, in conducting an administrative hearing for an agency, exercise the powers authorized by law for exercise by that agency in the performance of its duties in connection with the hearing. An administrative law judge may
(1) engage in alternative dispute resolution under regulations adopted by the chief administrative law judge that is in addition to any alternate dispute resolution procedure used by an agency before the case is referred to the office;
(2) order a party, a party's attorney, or another authorized representative of a party to pay reasonable expenses, including attorney fees, incurred by another party as a result of actions done in bad faith or as a result of tactics used frivolously or solely intended to cause unnecessary delay;
(3) perform other necessary and appropriate acts in the performance of official duties.
(c) An administrative law judge employed by the office must devote full time to the duties of the office unless appointed to a position that is less than full-time. An administrative law judge employed by the office may not perform duties inconsistent with the duties and responsibilities of an administrative law judge.
(d) The office may enter into a contract with an individual who meets the qualifications established in (a) of this section to serve as an administrative law judge in a particular administrative hearing or in several hearings of the same type. The individual is subject to AS 39.52 (Alaska Executive Branch Ethics Act). Notwithstanding AS 36.30.015(d), the office may contract for or hire an administrative law judge without notifying or securing the approval of the Department of Law.
2023 Alaska Statutes › Title 44. State Government › Chapter 64. Hearing Officers and Office of Administrative Hearings › Sec. 44.64.050. Hearing officer conduct.

(a) An administrative law judge employed full time by the office or a hearing officer employed full time by an agency may not serve in any other judicial or quasi-judicial capacity or engage in the private practice of law.
(b) The chief administrative law judge shall, subject to AS 39.52.920 and by regulation, adopt a code of hearing officer conduct. The code shall apply to the chief administrative law judge, administrative law judges of the office, and hearing officers of each other agency. The following fundamental canons of conduct shall be included in the code: in carrying out official duties, an administrative law judge or hearing officer shall
(1) uphold the integrity and independence of the office;
(2) avoid impropriety and the appearance of impropriety;
(3) perform the duties of the office impartially and diligently;
(4) conduct unofficial activities in ways that minimize the risk of conflict with the obligations of the office; and
(5) refrain from inappropriate activity in seeking employment with another agency or employer or in seeking reappointment.
(c) Except as provided in (e) of this section, the chief administrative law judge shall receive and consider all complaints against administrative law judges or hearing officers employed or retained by the office or another agency alleging violations of (a) of this section or of the code of hearing officer conduct. The chief administrative law judge shall deliver the complaint to the attorney general when the chief administrative law judge determines that the conduct alleged, if true, would constitute a violation of
(1) subsection (a) of this section; or
(2) the code and would warrant disciplinary action under the regulations adopted under (b) of this section.
(d) If the attorney general determines that a violation has occurred, the attorney general shall submit written findings to the agency that employed or retained the administrative law judge or hearing officer who is the subject of the complaint together with recommendations for corrective or disciplinary action. If the administrative law judge is employed or retained by the office, the chief administrative law judge shall take appropriate corrective or disciplinary action.
(e) The attorney general shall, by regulation, establish procedures to implement (d) of this section, including procedures for investigating and holding hearings on complaints. The attorney general shall receive and consider any complaint filed against the chief administrative law judge under this section, and may investigate or hold a hearing on the complaint in compliance with the regulations adopted under this subsection.
2023 Alaska Statutes › Title 44. State Government › Chapter 64. Hearing Officers and Office of Administrative Hearings › Sec. 44.64.070. Disqualification of administrative law judge.

(a) The chief administrative law judge or an administrative law judge employed or retained by the office is disqualified from a case in which the administrative law judge cannot accord a fair and impartial hearing or for other reasons established in the code of hearing officer conduct.
(b) A party may request the disqualification of the chief administrative law judge or another administrative law judge by filing an affidavit, before the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded by that administrative law judge. Notwithstanding AS 44.62.450(c), upon receipt of the affidavit, the administrative law judge assigned to the administrative hearing shall make a determination. If the affiant objects to the decision, the matter shall be decided by the chief administrative law judge, whose decision is final, or if the hearing is assigned to the chief administrative law judge, by the attorney general, whose decision is final.
(c) In addition to disqualification of an administrative law judge under (a) and (b) of this section, each side is entitled to change the assigned administrative law judge once. Two or more parties aligned on the same side of an action shall be treated as one side for purposes of this subsection, but the chief administrative law judge may allow an additional change to a party whose interests are adverse to the interests of another party on the same side. A party wishing to exercise the right to change the administrative law judge shall give notice to the chief administrative law judge within five days after notice is given that the case has been assigned. A party waives the right to a change in the assigned administrative law judge by participating before that administrative law judge in any proceeding or conference involving the case.
2023 Alaska Statutes › Title 44. State Government › Chapter 64. Hearing Officers and Office of Administrative Hearings › Sec. 44.64.080. Agency cooperation.

(a) All agencies shall cooperate with the chief administrative law judge and with other administrative law judges of the office in the matters involving the duties of the office.
(b) Except as provided under AS 44.64.070 or by regulation adopted under this chapter, an agency may not select or reject a particular administrative law judge for assignment to an administrative hearing.
(c) After an administrative hearing is referred by an agency to the office for hearing, the agency may not take further adjudicatory action in the case, except as a party litigant or to render a final decision as provided by law. This subsection does not otherwise limit the agency's authority to take action affecting a party to the case.
2023 Alaska Statutes › Title 44. State Government › Chapter 64. Hearing Officers and Office of Administrative Hearings › Sec. 44.64.090. Administrative hearing records.

(a) The office shall acquire and organize statistical and other information relating to administrative hearings of the office and of other agencies. The office shall acquire and organize copies of proposed and final agency decisions in administrative hearings and copies of court decisions resulting from those administrative hearings. The information and decisions shall be made available to the public, agencies, and the legislature. The office shall make final agency decisions reached after administrative hearings available online through an electronic data base.
(b) This section does not apply to records that are confidential or privileged.
2023 Alaska Statutes › Title 44. State Government › Chapter 64. Hearing Officers and Office of Administrative Hearings › Sec. 44.64.200. Definitions.

In this chapter,
(1) “administrative hearing” means a quasi-judicial hearing before an agency; it does not include an informal conference or review held by an agency before a final decision is issued or a rate-making proceeding or other nonadjudicative public hearing;
(2) “administrative law judge” means a hearing officer who is retained or employed by the office;
(3) “agency” means an agency of the executive branch of state government, including an officer, a division, or another subunit of an agency, a board or commission, a public corporation, and the University of Alaska;
(4) “hearing officer” means an individual who presides over the conduct of an administrative hearing and who is retained or employed by an agency for that purpose;
(5) “office” means the office of administrative hearings established in AS 44.64.010.
2023 Alaska Statutes › Title 44. State Government › Chapter 66. Review of the Activities of Agencies, Boards, and Commissions › Sec. 44.66.010. Expiration of state boards and commissions.

(a) Boards and commissions listed in this subsection expire on the date set out after each:
(1) Alcoholic Beverage Control Board (AS 04.06.010) - June 30, 2027;
(2) Board of Parole (AS 33.16.020) - June 30, 2025;
(3) Regulatory Commission of Alaska (AS 42.04.010) - June 30, 2030;
(4) Alaska Commission on Aging (AS 44.29.750) - June 30, 2024;
(5) Council on Domestic Violence and Sexual Assault (AS 18.66.010) - June 30, 2028;
(6) special education service agency (AS 14.30.600) - June 30, 2029;
(7) Statewide Suicide Prevention Council (AS 44.29.300) - June 30, 2027;
(8) Alaska Seismic Hazards Safety Commission (AS 44.37.065) - June 30, 2028;
(9) Alaska Health Care Commission (AS 18.09.010) - June 30, 2017;
(10) Citizens' Advisory Commission on Federal Management Areas in Alaska (AS 41.37.160) - June 30, 2021;
(11) Alaska Tourism Marketing Board (AS 44.33.136) - June 30, 2018;
(12) [Repealed, § 17 ch 23, SLA 2022.]
(13) Marijuana Control Board (AS 17.38.080) - June 30, 2024.
(14) Alaska Criminal Justice Data Analysis Commission (AS 44.19.641) - June 30, 2029.
(b) Upon termination, a commission listed in (a) of this section shall continue in existence until June 30 of the next succeeding year for the purpose of concluding its affairs.
(c) A commission scheduled for termination under this chapter may be continued or reestablished by the legislature for a period not to exceed eight years.
(d) Notwithstanding (b) of this section, the powers and duties of the Regulatory Commission of Alaska in the year following expiration are not reduced or otherwise limited, and the commission shall continue in existence after expiration for one year. The commission shall continue to exercise all its powers and perform its duties and responsibilities under AS 42 during the year following its expiration.
2023 Alaska Statutes › Title 44. State Government › Chapter 66. Review of the Activities of Agencies, Boards, and Commissions › Sec. 44.66.020. Agency programs [See delayed repeal note].

(a) Every year, the legislative audit division shall ensure that the review team conducts a performance review of the appropriate programs of the agencies listed in this subsection. Programs that are administered by more than one agency shall be reviewed with the agency that the Legislative Budget and Audit Committee designates. Reviews may be conducted before the dates set out in this subsection at the discretion of the Legislative Budget and Audit Committee. The first review shall occur in the calendar year set out after each agency's name, as follows, and subsequent reviews of each agency, or part of an agency, shall occur every 10 years:
(1) Department of Corrections, 2014;
(2) Department of Health, 2015;
(3) Department of Education and Early Development, including the foundation formula, 2016;
(4) Office of the Governor, 2017;
(5) agencies of the legislative branch, 2017;
(6) Alaska Court System, 2017;
(7) University of Alaska, 2018;
(8) Department of Transportation and Public Facilities, 2019;
(9) Department of Administration, 2020;
(10) Department of Commerce, Community, and Economic Development, 2020;
(11) Department of Fish and Game, 2021;
(12) Department of Environmental Conservation, 2021;
(13) Department of Natural Resources, 2021;
(14) Department of Revenue, 2022;
(15) Department of Law, 2022;
(16) Department of Public Safety, 2022;
(17) Department of Military and Veterans' Affairs, 2023;
(18) Department of Labor and Workforce Development, 2023;
(19) Department of Family and Community Services, 2025.
(b) Subject to appropriation, the legislative audit division shall hire individuals and contract with individuals or firms to form a review team or teams to complete the reviews under this section.
(c) In the year before the year designated as the year for review in (a) of this section, the agency shall provide to the review team, before November 1,
(1) citations to the agency's authority under the Constitution of the State of Alaska or the Alaska Statutes to administer its programs;
(2) a list of programs or elements of programs that compose at least 10 percent of the general funds in the agency's budget appropriated from the general fund that could be reduced or eliminated; the agency shall consider first those programs or elements of programs that
(A) do not serve a current need;
(B) are not authorized by the Constitution of the State of Alaska or the Alaska Statutes; or
(C) are not essential to the agency mission or delivery of the agency's core services;
(3) a list of active encumbrances and an explanation of the continuing need for any encumbrance unsatisfied more than one year after it was incurred;
(4) all information submitted to the legislature in the agency's most recent submission under AS 37.07.050, including agency mission, results-based measures, prioritization of core services, and all programs within the core services from the most important to the least important.
2023 Alaska Statutes › Title 44. State Government › Chapter 66. Review of the Activities of Agencies, Boards, and Commissions › Sec. 44.66.060. Existing claims.

This chapter does not cause the termination or dismissal of a claim or right of a citizen against a board, commission, or program of an agency terminated by legislative action or under this chapter that is subject to litigation. Claims and rights shall be assumed by the department to which the board or commission terminated under this chapter was attached for administrative purposes.
2023 Alaska Statutes › Title 44. State Government › Chapter 66. Review of the Activities of Agencies, Boards, and Commissions › Sec. 44.66.070. Definitions.

In this chapter,
(1) “agency” means a state department or agency, whether in the legislative, judicial, or executive branch, and includes the University of Alaska;
(2) [See delayed repeal note]. “review team” means appropriate professionals hired by or under contract with the legislative audit division to complete a performance review under AS 44.66.020 - 44.66.040.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 1. Use of State-Owned Vehicles. › Sec. 44.68.020. Regulations.

The Department of Transportation and Public Facilities shall adopt regulations that
(1) define what is the use of state-owned automotive and mechanical vehicles in the conduct of state business and distinguish this use from misappropriation for private use;
(2) prescribe use governing the storage of state-owned vehicles in those locations where storage space, under the jurisdiction of the Department of Transportation and Public Facilities, is available for storage of state-owned vehicles;
(3) provide for the marking of state-owned vehicles as property of the state and for the use of distinctive license tags for state-owned vehicles.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 1. Use of State-Owned Vehicles. › Sec. 44.68.040. Violations.

A state officer or employee who violates AS 44.68.010 - 44.68.040 or a regulation adopted under AS 44.68.010 - 44.68.040 is subject to dismissal from state employment upon hearing as provided for other dismissals for cause.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 2. Disposition of Surplus State Property. › Sec. 44.68.110. Disposition of obsolete or surplus state property.

(a) The Department of Administration shall take possession of obsolete or surplus property of the state, including recyclable property, for which there is no immediate or prospective use, except abandoned or obsolete school buildings and other school property. It shall also take possession of property, including recyclable property, remaining in the control of a commission or board of the state government after the commission or board stops functioning. The Department of Administration shall sell, lease, license, or dispose of the property on the terms it considers for the best interests of the state in conformance with regulations adopted under AS 36.30 (State Procurement Code). In this section, “recyclable property” means property that cannot be used for its intended purpose in its present form, but that can be used to create new property.
(b) Before a state agency transfers obsolete or surplus property to the Department of Administration for sale, lease, licensing, or other disposition under (a) of this section, the state agency shall reconfigure or erase all functions, including electronic functions, of the property as necessary to prevent the property from producing indicators that the property, or a product generated by the property, is property of the state or is generated by a state agency.
(c) A group of volunteers that is organized to provide search and rescue services in the state, including participation in a search and rescue party under AS 18.60.120, may exercise a right of first refusal with respect to obsolete or surplus state property that may assist in carrying out search and rescue services before the property is sold, leased, licensed, or disposed of under (a) of this section. To qualify under this subsection, the group shall be organized as a nonprofit corporation under AS 10.20 or exercise the right of first refusal through and in the name of the municipality in which the group is located or a Native village council operating in the area in which the group is located that agrees to accept the property and use the property for search and rescue services. If the group exercises the right of first refusal through and in the name of a municipality or Native village council, the municipality or Native village council shall own the property. The Department of Administration shall provide public notice of the availability of obsolete or surplus state property that may assist in carrying out search and rescue services before the property is sold, leased, licensed, or disposed of under (a) of this section, as provided by regulation. In this subsection, “search and rescue services” means a search for a person who is lost, injured, killed, or in need of immediate rescue, the provision of aid to a person who is in distress or in immediate danger, or the retrieval of a person's remains.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 3. Acquisition of Federal Surplus Property. › Sec. 44.68.130. Financing surplus property service; special fund.

(a) The functions of the Department of Administration under AS 44.68.120 - 44.68.140 shall be, to the fullest extent possible, self-supporting. Funds to pay for personal services and all other expenses necessary to operate under AS 44.68.120 - 44.68.140 shall be obtained from appropriations authorized under AS 44.68.120 - 44.68.140 and fees charged to users of surplus property. However, charges may not be made when property is transferred for civil defense purposes. The department shall establish the fees to be charged. Charges may be made to reimburse the department for direct costs incurred on behalf of users of surplus property.
(b) The charges or fees imposed by the department for the acquisition, warehousing, distribution, or transfer of federal surplus property for educational, public health, or civil defense purposes, including research, and for purposes eligible under federal law are limited to those reasonably related to the costs of care and handling in respect to acquisition, receipt, warehousing, distribution, or transfer by the department. In the case of real property, the charges and fees shall be limited to the reasonable administrative costs of the department incurred in transferring the property. A reasonable reserve may be considered as a proper cost.
(c) There is a special revolving fund in the state treasury. All fees and other money collected from users and receiving agencies shall be deposited in this fund. Administrative costs and incidental expenses shall be paid from this special fund.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 3. Acquisition of Federal Surplus Property. › Sec. 44.68.140. Authorization to accept property.

The governing board, or the executive head of a department, instrumentality, or agency of the state government or of a town, city, school district, or other political subdivision may, by order or resolution, give an officer or employee of it continuing authority to get, certify, and accept the transfer to it of property under AS 44.68.120 - 44.68.140, and to obligate the authority for which the officer or employee acts and its funds to the extent necessary to comply with the terms and conditions of the transfers. This authority of an officer or employee remains in effect until the order or resolution is revoked and written notice of revocation is received by the Department of Administration.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 4. Highways Equipment Working Capital Fund. › Sec. 44.68.220. Use of fund.

The Department of Transportation and Public Facilities shall use the highways equipment working capital fund for necessary expenses resulting from the centralization of equipment maintenance and for the operation of supply depots. The annual estimated balance in the fund may be used by the legislature to make appropriations to the department to carry out the purposes of this section.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 4. Highways Equipment Working Capital Fund. › Sec. 44.68.230. Rental fees and charges.

(a) Receipts from rental fees and surcharges to the various departments for equipment rental, repair, and supplies shall be deposited in the highways equipment working capital fund. The departments of the state government shall include in their annual budgets the rental fees, equipment repairs, and supplies.
(b) Rental and surcharge rates charged by the department are subject to annual review and approval by the governor.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 5. Transfers to Political Subdivisions. › Sec. 44.68.270. Transfer of equipment to political subdivisions.

(a) The commissioner of transportation and public facilities may transfer directly to a political subdivision of the state, including a village organized under 25 U.S.C. 461 - 479, the title to automotive and construction equipment that can be used in the maintenance or construction of roads and airports.
(b) Equipment may not be transferred unless it is in excess of known state requirements in the major senatorial district and is intended for use, to some extent, to maintain and construct airports or roads.
(c) The commissioner may transfer equipment that in the commissioner's judgment is not economically repairable or is obsolete, without regard to (b) of this section.
(d) The commissioner shall determine how the equipment is to be allocated in the best interests of the state. The commissioner may adopt necessary regulations to implement this section and AS 44.68.280.
2023 Alaska Statutes › Title 44. State Government › Chapter 68. State Property › Article 5. Transfers to Political Subdivisions. › Sec. 44.68.290. Transfer of civil defense property.

(a) Title to personal property received by the state from the federal government for civil defense purposes may be transferred to political subdivisions of the state that have qualified civil defense organizations by the Department of Public Safety with the approval of the state director of civil defense and the approval of the Department of Administration. This section is applicable only when title to the property is held by the Department of Public Safety.
(b) As a condition of title transfer, the political subdivision is responsible for compliance with the federal and state restrictions on the property.
(c) A transfer of title to property may not be made if the transfer is not in compliance with federal law and with the terms of the agreement under which the property has been made available to the state by the federal government.
2023 Alaska Statutes › Title 44. State Government › Chapter 77. Claims Against the State › Sec. 44.77.010. Presentation of claims.

(a) Except as provided in (d) of this section, every claim for reimbursement for money expended, or for compensation for labor, materials, or supplies furnished, or services given to or for the state, whether based on a contract or on a ratification, shall be promptly presented to the appropriate administrative or executive officer for approval and payment.
(b) [Repealed, § 14 ch 105 SLA 1986.]
(c) [Repealed, § 67 ch 106 SLA 1986.]
(d) A claim that is governed by AS 36.30.560 - 36.30.699 is not governed by this chapter.
2023 Alaska Statutes › Title 44. State Government › Chapter 77. Claims Against the State › Sec. 44.77.015. Claims for medical services.

(a) For the purposes of filing claims for medical services provided under AS 47.07 or AS 47.25.120 - 47.25.300, “promptly,” in AS 44.77.010(a), means within 12 months after the date of service or as provided in (b) of this section. Except as provided in (c) of this section, a claim may not be paid if it is not filed promptly; an inference to the contrary may not be drawn from AS 09.10.053, AS 09.50.250 - 09.50.300, or AS 37.25.010.
(b) In accordance with (a) of this section, a claim may be considered to be filed promptly if (1) the claim was filed more than 12 months after the date of service because the medical provider had reason to believe that the beneficiary was ineligible for service under AS 47.07 or AS 47.25.120 - 47.25.300; (2) a court of competent jurisdiction or an administrative hearing officer finds that the beneficiary was eligible for service under AS 47.07 or AS 47.25.120 - 47.25.300 on the date of service; and (3) the claim is filed within 12 months after the date that the court or administrative finding is rendered. The beneficiary is responsible for notifying the medical provider of the judicial or administrative finding. The department shall make a good faith effort to notify the medical provider of the judicial or administrative finding if the department has reason to believe that services have been provided to the beneficiary.
(c) The commissioner of health may authorize payment to a medical provider of a claim not promptly filed, upon good cause shown.
(d) In this section,
(1) “beneficiary” means a person who is found to be eligible to receive medical services under AS 47.07 or AS 47.25.120 - 47.25.300;
(2) “medical provider” means a person, firm, corporation, association, or institution that, on the date of service, was approved to provide medical assistance, in accordance with regulations adopted by the Department of Health.
2023 Alaska Statutes › Title 44. State Government › Chapter 77. Claims Against the State › Sec. 44.77.020. Disallowance by officer.

(a) If the administrative or executive officer disallows all or part of the claim, the claimant may obtain a review of the officer's action by applying within 60 days to the Department of Administration, at Juneau, orally or in writing.
(b) When the application is made, the officer who disallowed the claim shall transmit the claim and all papers and memoranda relating to the claim to the Department of Administration.
(c) When it receives the claim, papers, and memoranda, the department shall reexamine the merits of the claim.
(d) The department may adopt procedure consistent with law, and shall make its decision affirming, modifying, or reversing the action of the officer. The decision may be oral or written if made in the presence of the claimant; otherwise it must be written.
2023 Alaska Statutes › Title 44. State Government › Chapter 77. Claims Against the State › Sec. 44.77.030. Disallowance by department.

(a) If the Department of Administration disallows a claim or demand against the state, the Department of Administration shall give the claimant and the officer who approved the voucher a written notice setting out its reasons for the disallowance.
(b) If the claim or demand is disallowed because the claimant or officer did not submit vouchers in proper form or did not comply with regulations of the Department of Administration for the presentation of claims or demands against the state, the claim or demand may be resubmitted in the proper form.
(c) If the claim or demand is disallowed on its merits, the claimant or the officer who approved the voucher may give written notice of appeal to the Department of Administration from its original decision to disallow. This notice of appeal must be given to the department within 60 days after the claimant or officer receives a written notice of disallowance. Notice of the claimant or the officer to have the decision of the disbursing officer reviewed by the department is sufficient if it shows a desire to have the Department of Administration review its original decision to disallow and may be signed by the claimant, an agent of the claimant, or the officer who approved the voucher.
2023 Alaska Statutes › Title 44. State Government › Chapter 77. Claims Against the State › Sec. 44.77.040. Hearing and judgment on appeal to department.

(a) The Department of Administration, after consulting with the office of administrative hearings (AS 44.64.010), shall fix a time for hearing the appeal and shall notify the claimant and the officer who approved the voucher and give them a reasonable opportunity to be heard. The hearing shall be conducted by the office of administrative hearings.
(b) The department, after the hearing, may affirm, reverse, or modify its original decision. Upon acceptance by the claimant of the decision of the department or if the claimant does not obtain judicial review as set out in (c) of this section, the department shall make a disbursement from the proper appropriation for the sum the department finds due the claimant.
(c) If the claimant does not accept the decision of the Department of Administration, the claimant may obtain judicial review of the decision in accordance with AS 44.62.560 - 44.62.570. A claimant may also bring an action under AS 09.50.250 - 09.50.300 at any time after one year has elapsed since the presentation of the claim under AS 44.77.010, if no decision has been made by the department.
2023 Alaska Statutes › Title 44. State Government › Chapter 77. Claims Against the State › Sec. 44.77.050. Witnesses and procedures.

The Department of Administration may hear witnesses on a question of fact involved in an appeal and may authorize the deposition of an absent witness to be taken. The department may adopt regulations governing proceedings on appeal, and may administer oaths to witnesses appearing before it. False testimony before the department is perjury.
2023 Alaska Statutes › Title 44. State Government › Chapter 77. Claims Against the State › Sec. 44.77.070. Applicability of AS 44.77.010 - 44.77.060.

AS 44.77.010 - 44.77.060 do not apply to a department in the executive branch or to the legislative or judicial branches if that department or branch has adopted a mandatory claims and appeal procedure.
2023 Alaska Statutes › Title 44. State Government › Chapter 80. Liability of the State › Sec. 44.80.010. State as a party to actions.

If a statute or regulation designates a state department, agency, board, commission, or public officer as a necessary or proper party to prosecute or defend an action in a court of the state,
(1) the state is also a proper party to the action;
(2) it is not necessary to name a department, agency, board, commission, or public officer as an additional party to the action; and
(3) the Department of Law may bring, prosecute, or defend the action in any court in the name of the state.
2023 Alaska Statutes › Title 44. State Government › Chapter 80. Liability of the State › Sec. 44.80.070. Liability of state under special use permits.

When the state, or a department or agency of the state that has control over a highway or vehicular way or area, permits a portion of the highway or vehicular way or area, as defined under AS 28.90.990, to be used for a special purpose, the state is not subject to legal action or recovery of damages for injury arising out of, or in any manner connected with the special purpose use.
2023 Alaska Statutes › Title 44. State Government › Chapter 81. Commercial Fishing and Agriculture Bank › Sec. 44.81.010. Alaska Commercial Fishing and Agriculture Bank.

(a) There is established the Alaska Commercial Fishing and Agriculture Bank. The exercise by the bank of the powers conferred by this chapter is considered to be for a public purpose. In the exercise of its powers under AS 44.81.215(11), the bank is acting as an agent under the express authority and reservations of the state as the issuer of limited entry permits under AS 16.43. The bank is exempt from the provisions of AS 06.05 (Alaska Banking Code) and AS 10.15 (Alaska Cooperative Corporation Act) in its structure and operations and in the exercise of powers granted by this chapter, and the bank is exempt from AS 45.45.010 - 45.45.090 when lending money under this chapter.
(b) For the purpose of acquiring and accumulating capital of the bank, the board may issue nonvoting, preferred shares of stock in the bank and determine the value of each share. The state, through the Department of Revenue, may purchase the nonvoting, preferred shares issued by the bank. Shares purchased by the state shall be repurchased by the bank within 20 years after their purchase. If the bank fails to repurchase the shares within 20 years after their purchase by the state, the commissioner of commerce, community, and economic development may appoint a receiver to direct, manage, and operate the bank until the shares have been repurchased. Upon voluntary or involuntary liquidation of the bank, and upon repayment of all legal debts and obligations of the bank, all shares of nonvoting, preferred stock owned by the state have priority for redemption over all other forms and amounts of ownership of the bank.
(c) [Repealed, § 43 ch 85 SLA 1988.]
2023 Alaska Statutes › Title 44. State Government › Chapter 81. Commercial Fishing and Agriculture Bank › Sec. 44.81.020. Board of directors.

(a) The bank shall be governed by a board of directors consisting of seven to nine natural persons. The number is determined by the bank's bylaws. Two board members shall be appointed by the governor of the state. The other board members shall be elected by the members of the bank as provided in the bank's bylaws, except that at least one of the elected board members must be a resident farmer. The board members appointed under this section must be residents of the state and meet the requirements of AS 39.05.100.
(b) The members of the board shall serve for terms of three years and may serve successive terms. Terms must be staggered. A member of the board who releases confidential information in violation of AS 44.81.260, commits serious ethical misconduct that relates to the member's fitness to serve as a member of the board, or maintains a chronic substandard borrowing relationship with the bank shall be removed from the board.
(c) A majority of the members of the board constitutes a quorum for the transaction of business and the exercise of the powers and duties of the board.
(d) A member of the board may not vote on a transaction of the bank under this chapter if the member is a party to the transaction.
(e) The members of the board shall annually elect from among themselves a chair and vice-chair and other board officers as may be provided in the bank's bylaws.
(f) [Repealed, § 10 ch 112 SLA 2014.]
2023 Alaska Statutes › Title 44. State Government › Chapter 81. Commercial Fishing and Agriculture Bank › Sec. 44.81.031. Officers and employees.

(a) The board shall employ a president. The president may not be a member of the board and serves at the pleasure of the board. The president is the chief executive officer of the bank.
(b) The board shall appoint those officers of the bank that are provided for in the bank's bylaws and as the board determines to be necessary for the effective operations of the bank. An executive, operating, administrative, or other salaried officer of the bank may not be a member of the board.
(c) The president may hire employees of the bank as may be determined necessary for the efficient performance of the functions of the bank. The board shall approve the compensation of the employees. Employees of the bank are not employees of the state and are not considered to be employees of a public organization for the purposes of AS 39.35.
2023 Alaska Statutes › Title 44. State Government › Chapter 81. Commercial Fishing and Agriculture Bank › Sec. 44.81.041. Structure and membership of the bank.

(a) The bank shall be structured and operated as a cooperative corporation.
(b) The board shall issue shares of membership stock in the bank in the amounts and with the value determined by the board and stated in the articles of incorporation. The membership stock may be issued under this chapter and under the bylaws of the bank to persons determined to be eligible to transact business with the bank.
(c) The board may establish one or more mechanisms by which persons or entities, or classes of persons or entities, who transact business with the bank are required to provide or establish capital ownership in the bank. The mechanisms may include the issuance of capital stock or other equity instruments or the allocation or retention of net proceeds from the operations of the bank. The mechanisms shall be established and imposed in a manner that the board determines equitably reflects the nature and amount of business transacted with the bank.
2023 Alaska Statutes › Title 44. State Government › Chapter 81. Commercial Fishing and Agriculture Bank › Sec. 44.81.101. Pledge of the state.

(a) The state pledges to and agrees with any lender to the bank that the state will not limit or alter the rights and powers given to the bank by this chapter to fulfill the terms of a contract made by the bank with the lender to the bank, or in any way impair the rights and remedies of the lender to the bank. The bank is authorized to include this pledge and agreement of the state in a contract with any lender to the bank.
(b) The pledge of the state is limited to the express provisions of (a) of this section and is not a guarantee, surety, promise, undertaking, or assurance of repayment or performance of any obligation of the bank.
2023 Alaska Statutes › Title 44. State Government › Chapter 81. Commercial Fishing and Agriculture Bank › Sec. 44.81.200. Reports and publications.

The board shall publish an annual report to the bank's members. The report shall be made available to the governor, the legislature, and the public. The report must include financial statements audited by independent outside auditors, a discussion of the bank's circumstances and operations during the period covered by the report, and any other information that the board believes would be of interest to the governor, the legislature, and the public, or that the legislature requests the board to include. The board may publish other reports considered appropriate to its purposes.
2023 Alaska Statutes › Title 44. State Government › Chapter 81. Commercial Fishing and Agriculture Bank › Sec. 44.81.210. General powers of the bank.

The bank may
(1) adopt, alter, and use a corporate seal;
(2) sue and be sued in the name of the bank;
(3) appoint officers, employees, trustees for certificate holders, and agents, and establish their powers and duties;
(4) provide technical services to members of the bank; in this paragraph, “technical services” includes services that will enhance the ability of a member to obtain financial assistance from the bank;
(5) participate with state departments and agencies in formulating policy and in planning for the development of commercial fishing and agriculture in the state;
(6) engage in programs to support the efforts of resident fishers or farmers in order to enhance the further development, efficiency, stability, or profitability of commercial fishing or agriculture in the state;
(7) make contracts and execute instruments necessary to or convenient for the exercise of its corporate powers;
(8) issue bonds to carry out its corporate purposes and powers;
(9) borrow money and issue secured and unsecured evidence of indebtedness for a corporate purpose or to fund, refund, pay, or discharge outstanding obligations, and enter into agreements and contracts relating to these obligations;
(10) secure the payment of its obligations by pledge, mortgage, or other lien on its contracts, revenue, income, or property;
(11) incur secondary liability by guaranty or endorsement of the obligations of a person, except for natural persons, when, in the judgment of the board, the action furthers the bank's corporate purposes;
(12) acquire real or personal property by purchase, lease, bequest, devise, gift, the satisfaction of debts, or the foreclosure of mortgages, and hold, maintain, use, operate, and convey real or personal property;
(13) sell, lease as lessor or lessee, exchange, donate, convey, or encumber in any manner by mortgage or by creation of another security interest, real or personal property owned by it, or in which it has an interest, when, in the judgment of the board, the action furthers its corporate purposes;
(14) establish wholly-owned or majority-owned subsidiary corporations or limited liability companies to acquire, hold, operate, maintain, or liquidate property received by the bank in a foreclosure action or other loan collection process or to provide services to resident fishers or farmers, or other persons, if the services are consistent with the corporate purposes and powers expressed in this chapter;
(15) acquire equity or other ownership interest in a domestic corporation or limited liability company if the purpose of the acquisition is to enhance the further development, efficiency, stability, or profitability of commercial fishing or agriculture in the state;
(16) enter into agreements with public or private lenders or other entities, or with state agencies or agencies of the federal government, to carry out the purposes of this chapter;
(17) do what is necessary or desirable to carry out the corporate purposes and powers expressed or implied in this chapter.