reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 44. State Government › Chapter 50. Notaries Public › Sec. 44.50.071. Confidentiality.

(a) An address, telephone number, and electronic mail address of a notary public or an applicant that is submitted under AS 44.50.032 or 44.50.038 and that is designated by the notary public or applicant as confidential shall be kept confidential. However, a notary public shall provide a nonconfidential address and telephone number at which the notary public can be contacted.
(b) Compilations and data bases of those addresses, telephone numbers, and electronic mail addresses of notaries public that are confidential under (a) of this section shall be kept confidential, except that the lieutenant governor may disclose compilations and data bases if the lieutenant governor determines that disclosure is in the public interest.
(c) A complaint filed under AS 44.50.068 shall be kept confidential unless the lieutenant governor determines under AS 44.50.068(d) that the complaint alleges sufficient facts to constitute good cause for disciplinary action.
2023 Alaska Statutes › Title 44. State Government › Chapter 50. Notaries Public › Sec. 44.50.072. Regulations.

(a) The lieutenant governor shall adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter.
(b) The regulations adopted by the lieutenant governor under this section must provide standards for
(1) communication technology and identity proofing; and
(2) sufficient forms of notarial certificates for notarial acts performed for remotely located individuals.
(c) The regulations adopted by the lieutenant governor under this section may
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(2) include provisions to ensure that a change to or tampering with a record bearing a notarial certificate is self-evident;
(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures; and
(4) include provisions to prevent fraud or a mistake in the performance of notarial acts.
(d) In adopting, amending, or repealing a regulation regarding notarial acts with respect to electronic records, the lieutenant governor shall consider, so far as is consistent with this chapter,
(1) the most recent standards regarding electronic records adopted by national bodies;
(2) standards, practices, and customs of other jurisdictions with substantially similar provisions; and
(3) the views of other governmental officials and entities and other interested persons.
(e) A regulation adopted by the lieutenant governor regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification.
2023 Alaska Statutes › Title 44. State Government › Chapter 50. Notaries Public › Sec. 44.50.078. Journal.

(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs under AS 44.50.075. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.
(b) A notary public may create a journal on a tangible medium or in an electronic format. A notary public shall maintain at least one journal in a tangible medium to chronicle all notarial acts described in (a) of this section. A notary public may maintain one or more journals in an electronic format to chronicle all notarial acts described in (a) of this section. If a journal is maintained in an electronic format, the journal must be in a permanent, tamper-evident electronic format complying with the regulations of the lieutenant governor under AS 44.50.072.
(c) A notary public shall make an entry in a journal contemporaneously with performance of the notarial act, and an entry must contain the following information:
(1) the date and time of the notarial act;
(2) a description of the record, if any, and type of notarial act;
(3) the full name and address of each individual for whom the notarial act is performed;
(4) if identity of the individual is based on personal knowledge, a statement to that effect;
(5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of the identification credential; and
(6) the fee, if any, charged by the notary public.
(d) If a notary public's journal is lost or stolen, the notary public shall promptly notify the lieutenant governor upon discovering that the journal is lost or stolen.
(e) Upon resignation from, or revocation or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with (a) of this section and inform the lieutenant governor where the journal is located.
2023 Alaska Statutes › Title 44. State Government › Chapter 50. Notaries Public › Sec. 44.50.145. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record.

(a) A notary public may select one or more tamper-evident technologies with which to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(b) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the lieutenant governor that the notary public will be performing notarial acts with respect to electronic records and identify the communication technology the notary public intends to use. If the lieutenant governor has established standards for approval of communication technology under AS 44.50.072 or 44.50.075, the technology must conform to the standards. If the communication technology conforms to the standards, the lieutenant governor shall approve the use of the communication technology.
(c) A recorder may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
2023 Alaska Statutes › Title 44. State Government › Chapter 50. Notaries Public › Sec. 44.50.165. Validity of notarial acts.

The failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on a law of this state other than this chapter or a law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform a notarial act.
2023 Alaska Statutes › Title 44. State Government › Chapter 50. Notaries Public › Sec. 44.50.180. Postmasters as notaries.

(a) Each postmaster in the state may perform the functions of a notary public in the state.
(b) Each official act of a postmaster as a notary public shall be signed by the postmaster, with a designation of the person's title as postmaster, shall have the cancellation stamp of the post office affixed, and shall state the name of the post office and the date on which the act was done.
(c) [Repealed, § 14 ch 60 SLA 2005.]
(d) Nothing in this chapter requires a postmaster to post a bond or to have a commission.
2023 Alaska Statutes › Title 44. State Government › Chapter 50. Notaries Public › Sec. 44.50.185. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, and supersedes 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act) but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
2023 Alaska Statutes › Title 44. State Government › Chapter 50. Notaries Public › Sec. 44.50.200. Definitions.

In this chapter, unless the context otherwise requires,
(1) “acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record;
(2) “communication technology” means an electronic device or process that
(A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(B) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a visual, hearing, or speech impairment;
(3) “convicted” or “conviction” means that the person has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury;
(4) “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(5) “electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record;
(6) “identity proofing” means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources;
(7) “in a representative capacity” means acting as
(A) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(B) a public officer, personal representative, guardian, or other representative in the capacity stated in a record;
(C) an agent or attorney-in-fact for a principal; or
(D) an authorized representative of another in any other capacity;
(8) “notarial act” means an act, whether performed with respect to a tangible or electronic record, that is identified as a notarial act under AS 09.63.120 and an act that a notary public is directed to perform under AS 44.50.060;
(9) “notarial officer” means a notary public or other individual authorized to perform a notarial act;
(10) “notary public” means a person commissioned to perform notarial acts under this chapter;
(11) “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(12) “remotely located individual” means an individual who is not in the physical presence of a notary public who performs a notarial act under AS 44.50.075;
(13) “sign” means, with present intent to authenticate or adopt a record, to
(A) execute or adopt a tangible symbol; or
(B) attach to or logically associate with the record an electronic symbol, sound, or process;
(14) “signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 1. Application and Effect. › Sec. 44.62.020. Authority to adopt, administer, or enforce regulations.

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 be within the scope of authority conferred and in accordance with standards prescribed by other provisions of law.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 1. Application and Effect. › Sec. 44.62.030. Consistency between regulation and statute.

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 valid or effective unless consistent with the statute and reasonably necessary to carry out the purpose of the statute.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 2. Submission, Filing, and Publication of Regulations. › Sec. 44.62.040. Submitting regulations.

(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) establishes or fixes rates, prices, or tariffs;
(2) relates to the use of public works, including streets and highways, under the jurisdiction of a state agency if the effect of the order is indicated to the public by means of signs or signals; or
(3) is directed to a specifically named person or to a group of persons and does not apply generally throughout the state.
(b) Citation of the general statutory authority under which a regulation is adopted, as well as citation of specific statutory sections being implemented, interpreted, or made clear, must follow the text of each regulation submitted under (a) of this section.
(c) Before submitting the regulations and orders of repeal to the lieutenant governor under (a) of this section, every state agency that by statute possesses regulation making authority, except the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission, the office of victims' rights, and the office of the ombudsman, shall submit to the governor for review a copy of every regulation or order of repeal adopted by the agency, except regulations and orders of repeal identified in (a)(1) and (2) of this section. The governor may review the regulations and orders of repeal received under this subsection. The governor may return the regulations and orders of repeal to the adopting agency before they are submitted to the lieutenant governor for filing under (a) of this section within 30 days if they are inconsistent with the faithful execution of the laws. The governor may not delegate the governor's review authority under this subsection to a person other than the lieutenant governor.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 2. Submission, Filing, and Publication of Regulations. › Sec. 44.62.060. Preparation and filing.

(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 Department of Law under AS 44.62.050.
(b) In the performance of duties under AS 44.62.125, the Department of Law shall advise the agencies on legal matters relevant to the adoption of regulations and may advise the agencies on the need for and the policy involved in particular regulations. In addition, the department shall prepare a written statement of approval or disapproval after each regulation has been reviewed in order to determine
(1) its legality, constitutionality, and consistency with other regulations;
(2) the existence of statutory authority and the correctness of the required citation of statutory authority following each section;
(3) its clarity, simplicity of expression, and absence of possibility of misapplication;
(4) compliance with the drafting manual for administrative regulations.
(c) The lieutenant governor may not accept for filing a regulation, amendment, or order of repeal required by AS 44.62.040 unless it is accompanied by the written statement specified in (b) of this section and the statement approves the regulation, amendment, or order of repeal.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 2. Submission, Filing, and Publication of Regulations. › Sec. 44.62.080. Endorsement and filing.

(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 inspection; after the certified copies have been on file for five years, the lieutenant governor shall transfer the permanent file of the copies to the state archivist (AS 40.21.020) annually, on or before January 1 of each year.
(b) The state archivist shall have and maintain, for public inspection, the permanent file of the certified copies of regulations and orders of repeal transferred to the archivist by the lieutenant governor under (a)(2) of this section.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 2. Submission, Filing, and Publication of Regulations. › Sec. 44.62.100. Presumptions from filing.

(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 requirements of this chapter and the regulations relative to the regulation have been complied with;
(4) the text of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted.
(b) The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 2. Submission, Filing, and Publication of Regulations. › Sec. 44.62.110. Presumptions from publication.

(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 notice of the repeal of a regulation printed in the Alaska Administrative Code or Alaska Administrative Register.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 2. Submission, Filing, and Publication of Regulations. › Sec. 44.62.120. Voluntary submitting and publication.

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 lieutenant governor shall endorse and file it as required in AS 44.62.080, and may publish the regulation or order of repeal in the manner the lieutenant governor considers proper.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 2. Submission, Filing, and Publication of Regulations. › Sec. 44.62.125. Regulations attorney.

(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 department shall
(1) advise all state administrative agencies of the nature and use of administrative regulations;
(2) alert the agencies to statutes that need to be implemented, interpreted, or made clear by regulation;
(3) continually review the regulations, make recommendations to the respective agencies concerning deficiencies, conflicts, and obsolete provisions in and the need for reorganization or revision of the regulations, and prepare regulations to be adopted by the agencies, correcting or removing the deficiencies, conflicts, and obsolete provisions;
(4) work with all administrative agencies possessing regulation-making power in drafting all new regulations, advising the agencies of legal problems encountered, and ensuring compliance with the drafting manual for administrative regulations prepared by the Department of Law under AS 44.62.050;
(5) assist the agencies in holding public hearings under AS 44.62.210;
(6) to the extent necessary after regulations have been filed by the lieutenant governor, edit and revise them for consolidation into the Alaska Administrative Code in the manner provided for the revisor of statutes under AS 01.05.031;
(7) draft bills for consideration by the governor to transfer matter that should be statutory law from the Alaska Administrative Code to the Alaska Statutes and to clarify agency regulatory power when clarification is needed.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 3. The Alaska Administrative Register and Code. › Sec. 44.62.130. Codification and publication.

(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 governor finds to be impractical, such as detailed schedules or forms otherwise available to the public, or which are of limited or particular application. The publication of compiled regulations is the Alaska Administrative Code. The periodic supplements to it are the Alaska Administrative Register. The code and register must contain appropriate annotations to judicial decisions and opinions of the attorney general.
(b) The Department of Law shall prescribe a uniform system of indexing, numbering, arrangement of text, and citation of authority and history notes for the Alaska Administrative Code.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 3. The Alaska Administrative Register and Code. › Sec. 44.62.140. Distribution of code and register.

(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 to accept filings is delegated, to the person to whom this authority is delegated. A local government unit may decide to be excluded from the distribution requirements of this subsection. After receiving notice from the local government unit of the unit's decision to be excluded, the lieutenant governor shall exclude that local government unit from the distribution requirements of this subsection.
(b) A local government unit that requests to be excluded from the distribution requirements of (a) of this section may request to start receiving distributions as described under (a) of this section by providing written notice to the lieutenant governor. No later than July 1 of the fiscal year following receipt of notice by the lieutenant governor, the lieutenant governor shall include the local government unit in the distribution.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 3. The Alaska Administrative Register and Code. › Sec. 44.62.160. Date and content of register.

(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.
(b) If during a quarter no regulation, amendment, or order of repeal has been filed the regular quarterly register shall be published reflecting that fact.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 3. The Alaska Administrative Register and Code. › Sec. 44.62.175. Alaska Online Public Notice System.

(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 state agencies. The Alaska Online Public Notice System must include
(1) notices of proposed actions given under AS 44.62.190(a);
(2) notices of state agency meetings required under AS 44.62.310(e), even if the meeting has been held;
(3) notices of solicitations to bid issued under AS 36.30.130;
(4) notices of state agency requests for proposals issued under AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and AS 43.40.010;
(5) executive orders and administrative orders issued by the governor;
(6) written delegations of authority made by the governor or the head of a principal department under AS 44.17.010;
(7) the text or a summary of the text of a regulation or order of repeal of a regulation for which notice is given under AS 11.71.125 or AS 44.62.190(a), including an emergency regulation or repeal regardless of whether it has taken effect;
(8) notices required by AS 44.62.245(b) regarding an amended version of a document or other material incorporated by reference in a regulation;
(9) a summary of the text of recently issued published opinions of the attorney general;
(10) a list of vacancies on boards, commissions, and other bodies whose members are appointed by the governor;
(11) in accordance with AS 39.52.240(h), advisory opinions of the attorney general;
(12) notices required by AS 26.30.010(d) and (e) regarding applications for military facility zones; and
(13) notices of substances scheduled by an emergency regulation under AS 11.71.125.
(b) The issuer of the notice, order, delegation, text, summary, or list in (a) of this section shall post on the Alaska Online Public Notice System the notice, order, delegation, text, summary, or list, prepared in the format required by the lieutenant governor.
(c) A request for a printed copy of a required posting on the Alaska Online Public Notice System may be made under AS 40.25.110 - 40.25.220 to any state employee designated by the lieutenant governor to receive requests.
(d) The lieutenant governor shall provide for a permanent, electronic archive system of notices posted on the Alaska Online Public Notice System under this section. Access to the electronic archive system shall be made available to the public.
(e) The lieutenant governor may delegate duties under this section to qualified state employees.
(f) A person may not maintain an action based on a posting or lack of posting on the Alaska Online Public Notice System.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.180. Effective date.

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 on the day prescribed by the statute;
(2) it is a regulation prescribing the organization or procedure of an agency, in which event it becomes effective upon filing by the lieutenant governor or upon a later date specified by the state agency in a written instrument submitted with, or as part of, the regulation or order of repeal;
(3) it is an emergency regulation or order of repeal adopted under AS 44.62.250, in which case the finding and the statement of the facts constituting the emergency shall be submitted to the lieutenant governor, together with the emergency regulation or order of repeal, which, in that event only, becomes effective upon filing by the lieutenant governor or upon a later date specified by the state agency in a written instrument submitted with, or as part of, the regulation or order of repeal;
(4) a later date is prescribed by the state agency in a written instrument submitted with, or as part of, the regulation or order of repeal.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.195. Fiscal notes on regulations.

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 for at least two succeeding fiscal years.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.200. Contents of notice.

(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 reference to the particular code section or other provisions of law that are being implemented, interpreted, or made specific;
(3) an informative summary of the proposed subject of agency action;
(4) other matters prescribed by a statute applicable to the specific agency or to the specific regulation or class of regulations;
(5) a summary of the fiscal information required to be prepared under AS 44.62.195; and
(6) for a regulation under AS 11.71.125, a summary of the attorney general's compliance with the requirements of AS 11.71.125(b).
(b) A regulation that is adopted, amended, or repealed may vary in content from the summary specified in (a)(3) of this section if the subject matter of the regulation remains the same and the original notice was written so as to assure that members of the public are reasonably notified of the proposed subject of agency action in order for them to determine whether their interests could be affected by agency action on that subject.
(c) An agency that issues a notice under this section shall ensure that the notice is prepared in a form adequate for posting on the Alaska Online Public Notice System. Unless the adoption, amendment, or repeal of a regulation is proposed by the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, or the Alaska Oil and Gas Conservation Commission, a complete copy of each proposed adoption, amendment, or repeal of a regulation and, if feasible and not prohibited by copyright, any document or other material incorporated by reference, including any document or other material incorporated by reference under this section, in the proposed adoption or amendment shall be made available on the Alaska Online Public Notice System by providing an electronic attachment or link to the complete text.
(d) When a state agency, other than the Regulatory Commission of Alaska, the Board of Fisheries, or the Board of Game, posts, furnishes, or otherwise provides a notice of the proposed adoption, amendment, or repeal of a regulation under AS 44.62.190, a brief description of the changes made by the proposed adoption, amendment, or repeal must accompany the notice. However, if, under AS 44.62.190(a), the notice is published in a newspaper or trade or industry publication or is broadcast, this subsection does not require that the brief description otherwise required by this subsection accompany the publication or the broadcast. To the extent practicable, the brief description shall be written in clear, easily readable language that a person without a legal background is able to understand.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.210. Public proceedings.

(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 them orally. The state agency may accept material presented by any form of communication authorized by this chapter and shall consider all factual, substantive, and other relevant matter presented to it before adopting, amending, or repealing a regulation. When considering the factual, substantive, and other relevant matter, the agency shall pay special attention to the cost to private persons of the proposed regulatory action.
(b) At a hearing under this section the agency or its authorized representative may administer oaths or affirmations, and may continue or postpone the hearing to the time and place which it determines.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.213. Agency contact with the public.

(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 may answer a question from a person that is relevant to the development of the regulatory action. In this subsection, “regulatory action” means the adoption, amendment, or repeal of a regulation.
(b) Notwithstanding any other provision of this chapter, after an agency provides a notice of proposed action under AS 44.62.190, the agency shall make a good faith effort to answer, before the end of the public comment period, a question that is relevant to the proposed action, if the question is received in writing or asked at a public meeting at least 10 days before the end of the public comment period. If a question is received after the 10-day cutoff date, the agency may answer the question. When an agency answers a question under this section, the agency shall answer the question in writing and make the question and answer available to the public. An agency may satisfy the requirements of this section by posting answers to frequently asked questions about the proposed action on the Alaska Online Public Notice System and may aggregate substantially similar questions and agency responses and provide a single consolidated response to substantially similar questions.
(c) In this section, “agency” does not include the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, or the Alaska Oil and Gas Conservation Commission.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.215. Record of public comment.

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' rights, and the office of the ombudsman, shall keep a record of its use or rejection of factual or other substantive information that is received in writing or orally as public comment and that is relevant to the accuracy, coverage, or other aspect of the proposed regulatory action.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.220. Right to petition.

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 - 44.62.290. The petition must state clearly and concisely
(1) the substance or nature of the regulation, amendment, or repeal requested;
(2) the reasons for the request;
(3) reference to the authority of the agency to take the action requested.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.230. Procedure on petition.

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 petition is for an emergency regulation, and the agency finds that an emergency exists, the requirements of AS 44.62.040(c) and 44.62.190 - 44.62.215 do not apply, and the agency may submit the regulation to the lieutenant governor immediately after making the finding of emergency and putting the regulation into proper form.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.240. Limitation on retroactive action.

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 no earlier inconsistent regulation and has followed no earlier course of conduct inconsistent with the regulation. Silence or failure to follow any course of conduct is considered earlier inconsistent conduct.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.245. Material incorporated by reference.

(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 phrase “as may be amended,” the phrase “as amended from time to time,” or a similar provision and the
(1) document consists of a regulation of another agency of the state; or
(2) incorporation of a future amended version of the document or other material is explicitly authorized by a statute.
(b) When the amended version of a document or other material incorporated by reference in a regulation as described in (a) of this section becomes available, the state agency shall
(1) make the amended version of the document or other material available to the public for review; and
(2) post on the Alaska Online Public Notice System and publish in a newspaper of general circulation or trade or industry publication or in a regularly published agency newsletter or similar printed publication, not later than 15 days after the amended version of the document or other material becomes available, a notice that describes the affected regulation, the effective date of the amended version of the document or other material, and how a copy of the amended version may be obtained or reviewed.
(c) The state agency shall also send the notice described in (b)(2) of this section to
(1) a person who has placed the person's name on a distribution list kept by the agency that lists persons who want to receive the notice; the agency may allow a person to request that distribution of the notice be by electronic means and shall honor that request if appropriate means are available; and
(2) the regulations attorney in the Department of Law.
(d) A change in the form, format, or title in a future amended or revised version of a document or material incorporated by reference in a regulation under this section does not affect the validity of the regulation or the state agency's ability to enforce or implement the regulation. The state agency shall notify the regulations attorney in the Department of Law if the title of the document or other material changes. The regulations attorney shall correct the title in the Alaska Administrative Code under AS 44.62.125.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.250. Emergency regulations.

(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 the regulation or order of repeal is necessary for the immediate preservation of the public peace, health, safety, or general welfare. The requirements of AS 44.62.040(c), 44.62.060, and 44.62.190 - 44.62.215 do not apply to the initial adoption of emergency regulations; however, upon adoption of an emergency regulation, the adopting agency shall immediately submit a copy of it to the lieutenant governor for filing and for publication in the Alaska Administrative Register, and, within five days after filing by the lieutenant governor, the agency shall give notice of the adoption in accordance with AS 44.62.190(a). Failure to give the required notice by the end of the 10th day automatically repeals the regulation.
(b) A regulation or order of repeal may be adopted as an emergency regulation under AS 11.71.125 if the attorney general makes a written finding that the requirements of AS 11.71.125 are met. The requirements of AS 44.62.190 - 44.62.215 do not apply to the adoption or order of repeal by the attorney general of a regulation to schedule a substance by emergency regulation under AS 11.71.125.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.260. Limitation on effective period of emergency regulations.

(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 the lieutenant governor or during the 120-day period.
(b) Except as provided in (c) of this section, before the expiration of the 120-day period, the agency shall transmit to the lieutenant governor for filing a certification that AS 44.62.040(c), 44.62.060, and 44.62.190 - 44.62.215 were complied with before submitting the regulation to the lieutenant governor, or that the agency complied with those sections within the 120-day period. Failure to so certify repeals the emergency regulation; it may not be renewed or refiled as an emergency regulation.
(c) A substance scheduled by the attorney general by emergency regulation under AS 11.71.125 will remain on the schedule under the emergency regulation for a period not to exceed 1,095 days unless the legislature schedules the substance by law or annuls the regulation by law.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.280. Purpose of AS 44.62.180 - 44.62.290.

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 conferred by a statute, but nothing in AS 44.62.180 - 44.62.290 repeals or diminishes additional requirements imposed by the statute. AS 44.62.180 - 44.62.290 are not superseded or modified by subsequent legislation except to the extent that the legislation does so expressly.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 4. Procedure for Adopting Regulations. › Sec. 44.62.290. Limits of the application of AS 44.62.180 - 44.62.290.

(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 of an agency.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 5. Judicial Review. › Sec. 44.62.300. Judicial review of validity.

(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 44.62.010 - 44.62.319; or
(2) in the case of an emergency regulation or order of repeal, upon the ground that the facts recited in the statement do not constitute an emergency under AS 44.62.250.
(b) Notwithstanding (a) of this section, a person may not bring an action in court to challenge the adoption, repeal, or amendment of a regulation by a state agency for
(1) insufficiency or inaccuracy of the information provided under AS 44.62.190(d) or (g);
(2) failure of the subject line of electronic mail or the title of a written publication to meet the requirements of AS 44.62.190(f);
(3) failure of the brief description required by AS 44.62.200(d) to comply with the requirements of AS 44.62.200(d) relating to
(A) the clarity and readability of the brief description; or
(B) the description of the changes made by the proposed adoption, amendment, or repeal of a regulation; or
(4) inaccuracy or insufficiency of the answer to a question provided by the state agency under AS 44.62.213.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 6. Open Meetings of Governmental Bodies. › Sec. 44.62.312. State policy regarding meetings.

(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) the people of this state do not yield their sovereignty to the agencies that serve them;
(4) the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know;
(5) the people's right to remain informed shall be protected so that they may retain control over the instruments they have created;
(6) the use of teleconferencing under this chapter is for the convenience of the parties, the public, and the governmental units conducting the meetings.
(b) AS 44.62.310(c) and (d) shall be construed narrowly in order to effectuate the policy stated in (a) of this section and to avoid exemptions from open meeting requirements and unnecessary executive sessions.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › Sec. 44.62.340. Delegation of power by agencies.

(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 “agency itself” are used, the power to act may not be delegated unless a statute relating to that agency authorizes the delegation of its power to hear and decide.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › Sec. 44.62.350. Appointment of hearing officers.

(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 other duties in connection with the administration of this chapter and other laws.
(b) An agency with hearing officers may continue their employment as hearing officers on an unbiased and impartial basis within the particular agency and may hire additional officers and prescribe additional qualifications.
(c) Except for a hearing officer hired to conduct hearings under AS 23.20 (Alaska Employment Security Act), a hearing officer shall have been admitted to practice law for at least two years immediately before the appointment.