reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 3. Water Resources Board. › Sec. 46.15.210. Duties of the board.

The board shall inform and advise the governor on all matters relating to the use and appropriation of water in the state, including, but not limited to,
(1) the effect and adequacy of state laws and regulations governing the establishment of water rights;
(2) the multi-purpose uses of water;
(3) the prevention of pollution and the protection of fish and game;
(4) studies of the state's water supplies and plans for future requirements;
(5) development of water resources;
(6) participation of local governmental units in the management of water resources;
(7) land that is or may be needed for dams, reservoirs, flood dams, flood ways, canals, or ditches for the impoundment, storage, flow, and control of water.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 3. Water Resources Board. › Sec. 46.15.230. Public meetings.

The board may hold and conduct public meetings at any time or any place in the state in order to obtain public opinion on a water use problem or proposal and it may, by majority vote of all members, formally or informally delivered, authorize one or more of its members to hold and conduct a public meeting.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 3. Water Resources Board. › Sec. 46.15.240. Compensation of board members.

Each member of the board is entitled to travel expenses and per diem as authorized for state boards by AS 39.20.180 while traveling to or from, or in attendance at, regular or special meetings or conferences authorized by the board.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 4. General Provisions. › Sec. 46.15.255. Enforcement and costs.

(a) In addition to a penalty imposed under AS 46.15.180 for violation of an order issued under this chapter, the commissioner may
(1) remove or abate unpermitted works of appropriation, diversion, impoundment, or withdrawal;
(2) install corrective controls or control works; and
(3) seek enforcement of the order by filing an action in the superior court.
(b) A person who violates an order issued under AS 46.15.180 is liable for all costs of removal, abatement, or installation and for court costs and attorney fees incurred by the state in seeking enforcement of the order.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 4. General Provisions. › Sec. 46.15.256. Data collection authority.

To carry out the provisions of this chapter, the commissioner may
(1) inspect books, records, meters, gauges, well logs, works of appropriation, diversion, impoundment, withdrawal, or control and other relevant information or physical condition;
(2) enter private property at all reasonable times after obtaining a search warrant from a judicial officer if the owner refuses consent to entry; and
(3) compel the production of relevant information by a subpoena or subpoena duces tecum signed by the commissioner if the commissioner reasonably believes the information is necessary to carry out the purposes of this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 15. Water Use Act › Article 4. General Provisions. › Sec. 46.15.260. Definitions.

In this chapter, unless the context otherwise requires,
(1) “appropriate” means to divert, impound, or withdraw a quantity of water from a source of water, for a beneficial use or to reserve water under AS 46.15.145;
(2) “appropriation” means the diversion, impounding, or withdrawal of a quantity of water from a source of water for a beneficial use or the reservation of water under AS 46.15.145;
(3) “beneficial use” means a use of water for the benefit of the appropriator, other persons or the public, that is reasonable and consistent with the public interest, including, but not limited to, domestic, agricultural, irrigation, industrial, manufacturing, fish and shellfish processing, navigation and transportation, mining, power, public, sanitary, fish and wildlife, recreational uses, and maintenance of water quality;
(4) “commissioner” means the commissioner of natural resources;
(5) “director” means the director of the division of lands, Department of Natural Resources;
(6) “mineral and medicinal water” means
(A) water of a hot spring or spring with curative properties which has been reserved by the federal government under Public Land Order No. 399; and
(B) geothermal fluid, as defined in AS 41.06.060;
(7) “person” includes an individual, partnership, association, public or private corporation, state agency, political subdivision of the state, and the United States;
(8) “source of water” means a substantial quantity of water capable of being put to beneficial use;
(9) “water” means all water of the state, surface and subsurface, occurring in a natural state, except mineral and medicinal water.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 16. Management and Use of Water in Mining › Sec. 46.16.020. Membership of the review committee.

(a) The review committee consists of the commissioner of natural resources, the commissioner of environmental conservation, the dean of the school of mineral industry at the University of Alaska, two individuals appointed by the governor who have placer mining experience, and one public member appointed by the governor.
(b) An individual described in (a) of this section who serves ex officio may designate an alternate to serve on the review committee.
(c) An individual appointed by the governor serves for a three-year term.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 16. Management and Use of Water in Mining › Sec. 46.16.030. Responsibility of the review committee.

(a) The review committee shall select a presiding officer and establish procedures necessary to implement its responsibilities.
(b) The review committee shall review each application for a grant filed under this chapter and make a recommendation to the commissioner of natural resources or to the commissioner of environmental conservation for action on the application.
(c) In making its recommendation, the committee shall consider the economic benefits to the placer mining industry, the environmental benefits to the public, and other benefits that each grant may offer.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 16. Management and Use of Water in Mining › Sec. 46.16.070. Innovative gold recovery demonstration grant program.

(a) The innovative gold recovery demonstration grant program is established as a direct grant program to give a person engaged in placer mining the opportunity to study and test new methods of gold recovery and water use reduction.
(b) The commissioner of natural resources may make a grant under this section to a person that has
(1) a proven history of successful placer mining in the state;
(2) the capability to produce verifiable results; and
(3) the capability to study and test new methods of gold recovery and water use reduction under actual operating conditions.
(c) The commissioner of natural resources may not make a grant under this section to a person in excess of $100,000.
(d) The commissioner of natural resources shall monitor and evaluate the results of grants made under this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 16. Management and Use of Water in Mining › Sec. 46.16.080. Innovative pollution control demonstration grant program.

(a) The innovative pollution control demonstration grant program is established as a direct grant program to give a person engaged in placer mining the opportunity to study and test innovative and economically viable mining techniques for waste disposal and pollution control in placer mining.
(b) The commissioner of environmental conservation may make grants under this section to a person that has
(1) a proven history of successful placer mining in the state;
(2) the capability to produce verifiable results; and
(3) the capability to study and test innovative and economically viable techniques for waste disposal and pollution control in placer mining.
(c) The commissioner of environmental conservation may not make a grant under this section to a person in excess of $100,000.
(d) The commissioner of environmental conservation shall monitor and evaluate the results of grants made under this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 16. Management and Use of Water in Mining › Sec. 46.16.090. Access to information.

(a) All information generated as a result of grants made under this chapter is public information. The commissioner of natural resources and the commissioner of environmental conservation shall compile, analyze, and distribute the information for the benefit of the placer mining industry and the state and federal governments.
(b) The contents of an application for a grant are available to the extent permitted under AS 40.25.110 and 40.25.120.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 16. Management and Use of Water in Mining › Sec. 46.16.100. Patents.

A person who applies for a grant under this chapter shall assign to the state the right to patent any patentable process developed as a result of a grant under this chapter. The department making the grant shall seek to patent any patentable process developed as a result of a grant under this chapter. The state shall license without cost to a person engaged in placer mining in the state the right to use in the state a patented process that was developed as a result of a grant under this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.010. Purpose.

It is the purpose of this chapter to provide for the regulation, supervision, and periodic inspection by the department of privately owned and state-owned dams, reservoirs, and appurtenant works in order to ensure that the design, construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs is consistent with the protection of life and property.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.020. Administration and staffing.

The department shall supervise the safety of dams and reservoirs. The department shall employ a licensed and qualified engineer, experienced in the design and construction of dams and reservoirs, and other employees necessary for performing the duties under this chapter. Under AS 36.30 (State Procurement Code), the department may contract with engineering consultants to assist in the performance of the department's duties under this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.040. Approval required.

(a) Except in the performance of routine maintenance and operations not affecting structural safety, a person may not construct, enlarge, repair, alter, remove, maintain, operate, or abandon a dam or reservoir without the approval of the department.
(b) The owner of a dam or reservoir that was constructed before May 31, 1987, shall, under regulations adopted by the department, file an application with the department for the approval of the dam or reservoir.
(c) An applicant under this section shall comply with the requirements of other applicable statutes.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.050. Inspections.

At least once every five years the department shall inspect every dam and reservoir that is subject to this chapter. The department may require the owner of a dam or reservoir to perform the required inspection, according to the department's inspection standards, using a qualified engineer approved by the department. To protect public safety, the department may inspect, or may require the owner to inspect, a dam or reservoir more frequently than every five years. The department may require the owner of the dam or reservoir to pay the cost of an inspection under this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.060. Entry upon property.

(a) If the department has given two weeks' written notice of intent to inspect a dam or reservoir and the owner refuses to allow the inspection, the department may seek a search warrant to allow the inspection. If the department has been refused inspection of drawings, operational records, or other information concerning a dam or reservoir, the department may seek an administrative subpoena compelling production of the drawings, operational records, or other information.
(b) If the department has reason to believe that a dam or reservoir may be unsafe or presents an imminent threat to life or property, the department may enter the dam or reservoir premises without notice.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.070. Determining danger.

In determining whether a dam or reservoir, or proposed dam or reservoir, constitutes or would constitute a danger to life or property, the department shall consider whether the structural integrity of the dam or reservoir might be endangered by overtopping, seepage, settlement, erosion, cracking, earth movement, earthquakes, or the failure of bulkheads, flashboards, gates, or conduits. The department may consider other relevant conditions. If it determines that the dam or reservoir is unsafe, the department shall order the owner to take the action that the department considers necessary to protect life and property.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.080. Injunction and damages.

With the assistance of the attorney general, the department may seek an injunction and damages in the enforcement of this chapter, a department order issued under this chapter, or a regulation adopted under AS 46.17.030.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.100. Other government agencies.

(a) The department may enter into cooperative agreements with municipalities and other state and federal agencies to carry out this chapter.
(b) If the action would conflict with the powers and duties vested in the department, a municipality may not
(1) regulate, supervise, inspect, or provide for the regulation, supervision, or inspection of a dam or reservoir;
(2) provide for the construction, maintenance, operation, removal, or abandonment of a dam or reservoir; or
(3) limit the size of or the amount of water that may be stored in a dam or reservoir.
(c) This chapter does not apply to a federally-owned or operated dam or reservoir or a dam or reservoir regulated by the Federal Energy Regulatory Commission.
(d) This chapter does not affect the powers of the Department of Environmental Conservation or the Department of Fish and Game.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.110. Action against state for damages.

(a) Except as provided in (b) of this section, a person may not bring an action against the state, the department, or agents or employees of the state, for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reservoir, or by an act or omission in connection with
(1) approval of the construction of a dam or reservoir, or approval of flood-handling plans during or after construction;
(2) issuance or enforcement of orders relating to maintenance or operation of the dam or reservoir;
(3) control or regulation of the dam or reservoir;
(4) measures taken to protect against failure of the dam or reservoir during an emergency; or
(5) investigations or inspections authorized under this chapter.
(b) A person may bring an action against the state for the recovery of damages caused by an action undertaken by a dam owner that was negligently ordered by the state over the owner's objection.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.150. Penalties.

(a) A person is guilty of a class A misdemeanor if the person knowingly
(1) violates a provision of this chapter,
(2) violates the terms of an approval, order, regulation, or requirement of the department under this chapter; or
(3) obstructs, hinders, or prevents the department's agents or employees from performing duties under this chapter.
(b) Each day that a violation continues constitutes a separate offense.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 17. Supervision of Safety of Dams and Reservoirs › Sec. 46.17.900. Definitions.

In this chapter, unless the context requires otherwise,
(1) “alteration” means only an alteration that might directly affect the safety of the dam or reservoir, as determined by the department;
(2) “appurtenant works” includes structures including spillways, either in a dam or separate from it; a reservoir and its rim; low level outlet works; and water conduits including tunnels, pipelines, or penstocks, whether running through the dam or through its abutments;
(3) “dam” includes an artificial barrier, and its appurtenant works, which may impound or divert water and which
(A) has or will have an impounding capacity at maximum water storage elevation of 50 acre-feet and is at least 10 feet in height measured from the lowest point at either the upstream or downstream toe of the dam to the crest of the dam;
(B) is at least 20 feet in height measured from the lowest point at either the upstream or downstream toe of the dam to the crest of the dam; or
(C) poses a threat to lives and property as determined by the department after an inspection;
(4) “department” means the Department of Natural Resources;
(5) “enlargement” means an alteration of an existing dam or reservoir that raises or is capable of raising the water storage elevation, or that increases the quantity of water impounded by the dam or reservoir;
(6) “owner” means a person who owns, controls, operates, maintains, manages, or proposes to construct a dam or reservoir, and includes
(A) a public utility; and
(B) the appointed or authorized agents, employees, lessees, receivers, or trustees of an owner;
(7) “person” has the meaning given in AS 01.10.060, and includes the state and political subdivisions of the state, including the Alaska Railroad Corporation and the University of Alaska;
(8) “repair” means only a repair that might directly affect the safety of the dam or reservoir, as determined by the department;
(9) “reservoir” means a basin, appurtenant to a dam, that is capable of impounding water.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.010. Classification.

The department shall classify all potable water systems and facilities actually used or intended for use by the public, and all wastewater systems and facilities that discharge into publicly owned wastewater systems, or to receiving bodies of water, or on land used by others. The classification shall give due regard to
(1) the size and type of the systems and facilities;
(2) the character of water or wastewater to be treated;
(3) other physical conditions affecting the systems and facilities; and
(4) the skill, knowledge, and experience required of an operator.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.020. Water and Wastewater Works Advisory Board.

There is created the Water and Wastewater Works Advisory Board composed of the commissioner of environmental conservation and eight additional members appointed by the governor. The Water and Wastewater Works Advisory Board shall advise and assist the department in the administration of the training and certification program. Appointments to the board shall be for a period of five years. Vacancies shall be filled in the same manner as the original appointments.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.030. Training.

The department shall, with the assistance and advice of the Water and Wastewater Works Advisory Board, provide a water and wastewater works operator training program. The purpose of this program is to provide mechanisms for water and wastewater works operators to become certified under the provisions of this chapter and for certified operators to maintain and improve their competency in operating water and wastewater systems or facilities. The department shall coordinate and cooperate with educational institutions and other organizations or individuals in the administration of this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.040. Certification of operators required.

All potable water supply and wastewater systems and facilities, whether publicly or privately owned, which serve 100 or more service connections or are used or intended for use by 500 or more persons, must at all times be under the supervision of an operator whose competency is certified to by the department in a classification corresponding to the classification of the system or facility to be supervised.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.050. Examinations.

Examinations shall be held at least annually at times and places set by the department. Separate examinations shall be given for each operator classification. Applicants who fail to pass an examination may repeat the examination at subsequent regularly scheduled examinations.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.060. Certification.

The department shall issue certification entitling those persons who successfully complete the required examinations to supervise the operation of potable water supply and wastewater systems and facilities after considering the recommendations of the advisory board. The certificate must designate the class of system for which the operator is qualified in accordance with the classification system of the department. The certificate shall be valid for three years unless revoked for cause or replaced by one of a higher grade.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.070. Certificates without examination.

Certificates may be issued without an examination to persons employed as water or wastewater works operators on September 24, 1976, who request a waiver. The examination waiver shall be printed on the certificate. An operator certified under this section may request to have a certificate transferred to another facility of the same general class and type or to another facility of lower class. The request shall be granted if, in the opinion of the department, the transfer would not adversely affect the health and safety of the public or the environment. The department shall consider the recommendations of the Water and Wastewater Works Advisory Board before granting or denying a request under this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.080. Regulations.

The department, with the advice of the Water and Wastewater Works Advisory Board, shall adopt regulations for administration of this chapter. The regulations must include
(1) the basis for classification of potable water supply and wastewater systems and facilities, including the type and size of lesser systems and facilities, if any, to which the provisions of this chapter do not apply, as required by AS 46.30.010;
(2) criteria for the qualification of applicants for operator certification corresponding to each of the classifications referred to in AS 46.30.010;
(3) procedures for examination of candidates and renewal of certificates;
(4) procedures for the revocation of certificates;
(5) determination as to which additional personnel shall be certified when certification is required for more than the operator in direct responsible charge.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.100. Reciprocity.

Certificates may be issued without examination in the comparable classification to an applicant who holds a certificate in a state, territory, or possession of the United States, if its certification requirements and examinations are comparable to those of this state and if reciprocal privileges are granted to operators certified in this state.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.110. Temporary certification.

In the event of unusual or emergency circumstances or following the hiring of new employees, temporary certificates may be issued to an operator until a time when the operator can be examined and certified. Within two weeks after employment of such an operator, the department must be notified in writing and information shall be provided, including the operator's name, background, experience, training, education, and references. Thereafter, the operator may be issued a temporary certificate which shall remain valid only for that time required for the next routine examination and evaluation.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.120. Prohibited acts.

It is unlawful
(1) for any potable water supply or wastewater system or facility subject to AS 46.30.040 to be operated unless the operator is certified under the provisions of this chapter;
(2) for any person to perform the duties of an operator without being certified under the provisions of this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 30. Water and Wastewater Works Operators › Sec. 46.30.130. Definitions.

In this chapter,
(1) “certificate” means certificate of competency issued by the department stating that the operator has met the requirements for the specified operator classification of the certification program;
(2) “department” means the Department of Environmental Conservation;
(3) “potable water supply system” means the system of pipes, structures, and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household use or any use by humans;
(4) “wastewater system” means the system of pipes, structures, equipment and processes required to collect, carry away, and treat domestic and industrial wastewater and dispose of the effluent.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 35. Permit Extension › Sec. 46.35.300. Extension of resource extraction or removal related permits.

(a) The department that issued the permit shall extend a resource removal or extraction permit when the permittee
(1) is unwilling to engage in the resource removal or extraction activity allowed under the permit due to the actions of another person, other than the state, seeking administrative or judicial review of the issuance or validity of the permit or another permit, or a permit, lease, authorization, or license issued by the federal government, relating to the same resource removal or extraction activity; and
(2) at the conclusion of the legal proceedings is allowed to proceed with the resource removal or extraction activity.
(b) A department may not extend a permit under (a) of this section
(1) unless
(A) the permittee notifies the department that issued the permit of the legal proceedings and provides a sworn statement that the permittee is unwilling to engage in the permitted activity due to the proceedings; and
(B) upon the conclusion of the legal proceedings, the permittee notifies the department of the conclusion of the proceedings and the outcome of the proceedings;
(2) for any period that the permittee has engaged in the resource removal or extraction activity authorized under the permit;
(3) if the extension is prohibited by or otherwise inconsistent with federal law applicable to the permitted activity;
(4) if another provision of state law, or a regulation, or contractual provision authorizes an extension, or otherwise stays the running, of the permit.
(c) A permittee receiving an extension of a permit under this section is subject to the rights, conditions, and liabilities the permittee would have had under the original permit if the permit had not been extended.
(d) An extension of a permit under this section may only be for the length of time equivalent to the period from the date the department receives the notice and sworn statement under (b) of this section until the conclusion of the legal proceedings that allow the permittee to engage in the resource removal or extraction activity.
(e) The Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources shall adopt regulations to implement this section.
(f) In this section,
(1) “legal proceedings” means, as appropriate, administrative proceedings not followed by judicial proceedings, administrative proceedings followed by judicial proceedings, or judicial proceedings not preceded by administrative proceedings;
(2) “permit” means a permit, lease, authorization, license, or another determination necessary for or related to resource extraction or removal that is issued by the Department of Environmental Conservation, the Department of Fish and Game, or the Department of Natural Resources.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.012. Material incorporated by reference.

Under AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a document or other material by reference, the department may incorporate future amended versions of the document or other material if the document or other material is one of the following:
(1) a document that is published, compiled, or prepared by the United States Department of Health and Human Services and is included in the following list:
(A) the international classification of diseases, clinical modifications;
(B) the common procedure coding system;
(C) the specifications for national uniform billing data elements;
(D) the federal poverty guidelines for the state;
(E) the Indian Health Service encounter rates; or
(F) the relative value units used in the Medicare program for determination of fee schedules;
(2) the current procedural terminology for physicians published by the American Medical Association;
(3) the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association;
(4) the length of stay in hospitals by diagnosis and operation for the western region of the United States, published by Solucient;
(5) the relative value guide published by the American Society of Anesthesiologists;
(6) the consumer price index published by the United States Department of Labor;
(7) the health plan employer data and information set published by the National Committee for Quality Assurance;
(8) practice standards adopted by the American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American Diabetes Association, American Cancer Society, American Academy of Family Physicians, American College of Physicians, United States Centers for Disease Control and Prevention, Agency for Healthcare Research and Quality, or the National Asthma Education and Prevention Program;
(9) the compendium of animal rabies prevention and control published by the United States Centers for Disease Control and Prevention;
(10) the control of communicable diseases manual published by the American Public Health Association;
(11) the standards manual and interpretative guidelines for behavioral health, employment and community support services, and for medical rehabilitation published by the Commission on Accreditation of Rehabilitative Facilities;
(12) consumer assessment of health plans published by the Agency for Health Care Policy and Research;
(13) resources for optimal care of the injured patient published by the Committee on Trauma, American College of Surgeons;
(14) a document related to a resuscitation protocol that is published, compiled, or prepared based on the recommendations from the International Liaison Committee on Resuscitation;
(15) the preferred drug list adopted by the department under AS 47.07.065(b); or
(16) a prior authorization medications list under a state program permitted under 42 U.S.C. 1396r-8 (Title XIX, Social Security Act).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.015. Contracts.

(a) The department may contract with a person or local government for the delivery of services to be provided by the department under AS 47.05.010 if the commissioner determines the service will be provided at less cost to the state or will be provided in a more effective manner.
(b) Services that may be provided by contract under this section include accepting applications for assistance, conducting interviews, making eligibility determinations, and issuing benefits, but do not include adoption of program standards or other matters involving the exercise of agency discretion.
(c) A contract authorized under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). In awarding a contract under this section the department shall request proposals in accordance with regulations of the Department of Administration under AS 36.30 (State Procurement Code).
(d) This section does not limit the authority provided by law for the department to contract for the delivery of services other than those provided under AS 47.05.010.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.017. Home care providers.

(a) State money may not be used for a home care provider unless criminal history record information as permitted by P.L. 105-277 and AS 12.62 is requested for the provider within 10 business days after the provider is hired to provide the care and is reviewed within five business days after it is received. The department shall require the grantee or contractor to do the information request and review required under this subsection for a home care provider employed by a person who has a grant or contract from the department to provide home care services.
(b) The department shall adopt regulations identifying actions that it will take, in addition to those otherwise required under AS 47.17 and AS 47.24, when a report of harm is made under AS 47.17 or AS 47.24 that might relate to harm caused by actions or inactions of a public home care provider. The regulations must
(1) address circumstances under which the department will, or will require a contractor or grantee to, reassign, suspend, or terminate a person alleged to have perpetrated harm;
(2) include appropriate procedural safeguards to protect the due process rights of public home care providers who may be reassigned, suspended, or terminated under the circumstances described in (1) of this subsection; and
(3) if the home care provider is a certified nurse aide, include procedures under which the department shall notify the Board of Nursing if the nurse aide is suspected of abuse, neglect, or misappropriation of property.
(c) In this section, “public home care provider” means a person who is paid by the state, or by an entity that has contracted with the state or received a grant from state funds, to provide homemaker services, chore services, personal care services, home health care services, or similar services in or around a client's private residence or to provide respite care in either the client's residence or the caregiver's residence or facility.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.020. Regulations concerning records; disclosure of information.

(a) The power of the department to adopt regulations includes the power to adopt and enforce reasonable regulations governing the custody, use, and preservation of the records, papers, files, and communications of the department. The regulations must provide that financial information concerning an eligibility determination of a person applying for or receiving cash assistance, a diversion payment, or self-sufficiency services under the Alaska temporary assistance program shall be disclosed to a legislator on request of the legislator in connection with official purposes within the scope of the legislator's legislative functions and related to the administration of the program consistent with federal law. When, under the law, names and addresses of recipients of public assistance are furnished to or held by another agency or department of government, the agency or department of government shall adopt regulations necessary to prevent the publication of the lists or their use for purposes not directly connected with the administration of public assistance and legislative functions. A legislator to whom information relating to the Alaska temporary assistance program is disclosed under this section may not further disclose the information except to another legislator and then only in connection with official purposes within each legislator's legislative functions and related to the administration of the program consistent with federal law.
(b) In addition to any access to public assistance records authorized under (a) of this section, the department shall provide a copy of a public assistance record prepared or maintained by or on behalf of the department to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, upon the request of the respective agency. If the record is in an electronic data base, the department shall provide the requesting agency with either access to the data base, or a copy of the information in the data base and a statement certifying its contents. The agency receiving the information under this subsection may use the information only for child support purposes authorized under law.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.030. Misuse of public assistance lists and records.

(a) Except as provided in (b) and (c) of this section and for purposes directly connected with the administration of general assistance, adult public assistance, the day care assistance program authorized under AS 47.25.001 - 47.25.095, or the Alaska temporary assistance program, and in accordance with the regulations of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or information concerning, persons applying for or receiving the assistance directly or indirectly derived from the records, papers, files, or communications of the department or subdivisions or agencies of the department, or acquired in the course of the performance of official duties.
(b) It is not a violation of (a) of this section for the department or an employee of the department to disclose to a legislator, or for a legislator to solicit, receive, or make use of, financial information concerning an eligibility determination of a person applying for or receiving cash assistance, a diversion payment, or self-sufficiency services under the Alaska temporary assistance program if the disclosure, solicitation, receipt, and use are for official purposes in connection with the legislator's official functions and related to the administration of the program consistent with federal law. Information provided to a legislator under this subsection shall remain confidential and may not be further disclosed except as provided in AS 47.05.020.
(c) It is not a violation of (a) of this section for the department or an employee of the department to disclose information to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, if the receiving agency requests the information only for purposes authorized under AS 47.05.020.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.032. Disclosures to legislators.

A legislator to whom confidential information is disclosed under AS 47.05.020 - 47.05.030 is not subject to a penalty for further disclosure of the information unless, at the time the information was provided to the legislator, the legislator was given written notification that the material was confidential.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.040. Consent to conditions of federal programs.

In order to take advantage of the training grants provisions of 42 U.S.C. 301 - 1397f (Social Security Act), as amended, the state, through the department, consents and agrees to all conditions required by federal statute and regulation necessary for the state to participate fully in the training grants or other programs.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.050. Cooperation with federal government.

It is the public policy of the state to cooperate and coordinate with the United States government and its agencies in providing for and administering federal and state laws for adult public assistance and the other assistance that is provided for or extended to the people of the state.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.055. Certified nurse aides.

(a) If the department has reason to believe that a certified nurse aide employed in a facility licensed by the department under AS 47.32 as a hospital or nursing home has committed abuse, neglect, or misappropriation of property in connection with the person's duties as a certified nurse aide at the facility, the department shall investigate the matter. The department shall conduct proceedings to determine whether a finding of abuse, neglect, or misappropriation of property should be made. These proceedings shall be conducted under AS 44.62.330 - 44.62.630. A finding under this subsection that a certified nurse aide has committed abuse, neglect, or misappropriation of property shall be reported by the department to the Board of Nursing.
(b) If the certified nurse aide is employed in a skilled nursing facility or nursing facility, other than an intermediate care facility for persons with intellectual and developmental disabilities, that is participating in the Medicaid or Medicare program, only the state survey and certification agency may make, and report to the Board of Nursing, a finding that a certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with the nurse aide's employment at the facility.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.070. Third party liability subrogation.

(a) The department may not pay medical claims that are payable by a third party payor. Medical providers shall attempt collection from the third party payor before billing Medicaid. Before payment by Medicaid, evidence of third-party denial or partial payment shall be presented with the claim.
(b) When the department provides or pays for medical assistance for injury or illness under this title, the department is subrogated to not more than the part of an insurance payment or other recovery by the recipient that is for medical expenses provided by the department. Notwithstanding the assertion of any action or claim by the recipient of medical assistance, the department may bring an action in the superior court against an alleged third-party payor to recover an amount subrogated to the department for medical assistance provided on behalf of a recipient.
(c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the claim to which the department is entitled under (b) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the subrogated claim for reimbursement of attorney fees shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters.
(d) The department is authorized to enter into contracts for the collection of medical expenses already paid by Medicaid from potential third-party payors. The department may pay, from the funds recovered by the contractor, any amounts owing to the federal government as its share of the Medicaid paid claim, and the costs of collecting the funds.
(e) [Repealed, § 9 ch 96 SLA 2006.]
(f) The department may adopt regulations to interpret and implement this section.