reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 2 - Regulation of Lobbying › 2 AAC 50.560 - Training required

Current through May 31, 2024
(a) Within the 12-month period preceding the
				filing of the annual registration statement required under
				AS
				24.45.041 and
				2 AAC 50.550, a lobbyist shall complete the ethics
				training course provided by the commission, either by attending an in-person
				training session or by completing an online course.
(b) Before filing the first quarterly
				employer of lobbyist report required by
				AS
				24.45.061 and
				2 AAC 50.575, an employer of a lobbyist shall ensure
				that the individual who is responsible for preparing and signing that
				employer's reports has completed the ethics training course provided by the
				commission.
(c) If a person
				required by (a) or (b) of this section to complete an ethics training course
				fulfills the ethics training requirement by completing an online course, the
				person shall submit a verification-of-training form to the
				commission.
Authority:
AS
					 15.13.030
AS 24.45.021
AS 24.45.031
AS 24.45.041
AS 24.45.061
AS
					 24.45.071
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 2 - Regulation of Lobbying › 2 AAC 50.565 - Termination; disqualification

Current through May 31, 2024
(a) A person may
				notify the commission, by filing a termination statement on a form prescribed
				by the commission, that the person will stop all lobbying activity on behalf of
				an employer. The employer of a lobbyist who terminates employment or retention
				shall notify the commission, by filing a form prescribed by the commission,
				that the employer has stopped employing or retaining that lobbyist. Upon
				termination, a lobbyist and that lobbyist's employer must each file a final
				report as required under
				AS
				24.45.051 and
				24.45.061. A person who terminates
				lobbyist registration remains subject to the prohibition in
				AS
				15.13.074(g) for one year
				after the date of that person's last registration or renewal and to the
				limitation on the activity of a lobbyist specified in
				AS
				24.45.121(a)(8) for the
				remainder of the calendar year.
(b)
				A registered lobbyist who is convicted of a felony of moral turpitude as
				provided in
				AS
				24.45.041 shall notify the commission no
				later than three days after being convicted, and shall immediately stop any
				lobbying activity. Unless otherwise ordered by a court, a lobbyist convicted of
				a felony of moral turpitude may not conduct any lobbying activity while
				pursuing an appeal or any post-conviction remedy. In this subsection,
				"convicted" has the meaning given to "previously convicted" in
				AS
				24.45.041(j)(2).
Authority:
AS
					 15.13.030
AS 24.45.021
AS 24.45.031
AS 24.45.041
AS 24.45.051
AS 24.45.061
AS
					 24.45.121
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 2 - Regulation of Lobbying › 2 AAC 50.570 - Reporting by lobbyist

Current through May 31, 2024
(a) A person registered as a lobbyist, except
				a representational lobbyist as described in
				2 AAC 50.550(d), shall electronically
				file a report disclosing the information required by
				AS
				24.45.051 for each reporting period as
				provided under
				AS
				24.45.081 during the period that the person
				is registered as a lobbyist. The report required in the month following a month
				when the legislature was in session also applies when the legislature conducts
				any special session. If a registered lobbyist does not engage in lobbying
				activity during a reporting period, the lobbyist shall submit a zero report
				certifying that the lobbyist made no expenditures for lobbying and earned no
				payment for lobbying during that reporting period.
(b) The report required in this section must
				include all income earned in the reporting period, even if not received in the
				reporting period. A lobbyist may report income earned using any of the
				following methods:
(1) by dividing the
				lobbyist's total annual compensation equally among the reporting periods in
				which the lobbyist is active;
(2)
				for a lobbyist who is substantially more active in the months when the
				legislature is in session, by allocating income to the reporting periods in
				proportion to the amount of time spent lobbying in each reporting
				period;
(3) by reporting actual
				hourly income earned in each reporting period; or
(4) by using any other method that fairly
				represents the lobbyist's compensation earned in the reporting
				period.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 2 - Regulation of Lobbying › 2 AAC 50.575 - Reporting by employer of lobbyist

Current through May 31, 2024
(a) A person that
				employs, retains or contracts for the services of a lobbyist shall file each
				report required under
				AS
				24.45.061 and
				24.45.081 electronically as
				provided in
				2 AAC 50.816. A person that retains a representational
				lobbyist as described in
				2 AAC 50.550(d) may file a report
				either electronically or on a paper form prescribed by the
				commission.
(b) Each report of an
				employer of a lobbyist must include all information required under
				AS
				24.45.061. In
				AS
				24.45.061(b)(3), "the total
				amount of payments made to influence legislative or administrative action
				during the period" includes:
(1) the gross
				wages paid or payable for lobbying, prorated for the reporting period, plus any
				benefits such as stock options, annuities, or bonuses that are paid in place of
				or in addition to wages; wages and benefits required to be reported under this
				section do not include routine employment benefits that the employer pays on
				behalf of all employees, such as the employer's contribution to a health
				insurance plan, a retirement plan, or payroll taxes;
(2) the direct costs and expenses incurred by
				the employer in research, and in the drafting, preparation, or adaptation of
				documents for use by the lobbyist for the purpose of influencing legislative or
				administrative action; the information required under this paragraph includes
(A) for each employee who expends more than
				10 hours per month directly supporting the employer's lobbying goals
(i) the name and business address of the
				employee;
(ii) a specific
				description of the subject of the work; and
(iii) the total amount paid based on the
				employee's gross compensation prorated for the employee's time spent in support
				of lobbying activity in the reporting period; the employer is not required to
				report general overhead expenses; and
(B) for a vendor, contractor, or other
				non-employee that provides services in support of lobbying activity, the name
				and address of the vendor, contractor, or other non-employee, a specific
				description of the subject of the work, and the date and amount of any payment
				in the reporting period; and
(3) payments for food and beverages, reported
				by the total amount paid to each vendor in the reporting period.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 2 - Regulation of Lobbying › 2 AAC 50.580 - Prohibited activity related to a campaign

Current through May 31, 2024
Except as provided in
				  AS
				  24.45.121(a)(8), a lobbyist
				  may not serve the campaign of a candidate for governor, lieutenant governor, or
				  the legislature in any capacity in which the lobbyist
(1) has final decision-making authority or
				day-to-day control over the campaign or the campaign's fundraising;
(2) is authorized to receive, hold, or
				disburse campaign funds or goods;
(3) is an officer of a controlled group as
				provided in
				2 AAC 50.290(c), or serves in a
				fundraising capacity for an event from which more than 50 percent of the
				proceeds are intended for a single candidate or campaign; or
(4) solicits, collects, accepts, or delivers
				campaign funds or goods.
Authority:
AS
					 15.13.030
AS 24.45.021
AS
					 24.45.121
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 2 - Regulation of Lobbying › 2 AAC 50.590 - Definitions

Current through May 31, 2024
In
				  2 AAC 50.550 -
				  2 AAC 50.590, unless the context requires
				  otherwise,
(1) "administrative action"
				has the meaning given in
				AS
				24.45.171, but does not include normal
				inquiries of administrative agencies, or routine actions made necessary by law,
				or the action of a person who limits lobbying activities to appearances before
				any public proceeding of a regulatory or administrative agency that
(A) conducts proceedings in open public
				hearing for which public notice is given;
(B) creates a record of all proceedings;
				and
(C) provides access to the
				public records or transcripts and to all material submitted as part of the
				record;
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.680 - Applicability; family member disclosure required

Current through May 31, 2024
(a) A legislative
				branch filer required under
				AS
				24.60.200 to file a financial disclosure
				statement shall report income received, deferred income, and business interests
				as required in
				AS
				39.50.030 and
				2 AAC 50.680 -
				2 AAC 50.799. A legislative branch filer's disclosure
				statement must include the required financial information for each family
				member of the legislative branch filer, and for any nondependent child of the
				legislative branch filer whose principal residence is the same as the principal
				residence of the legislative branch filer.
(b) A public official or candidate required
				by AS
				39.50.020 to file a financial disclosure
				statement shall report income sources, gifts, deferred income, and business
				interests in compliance with
				AS
				39.50.030 and
				2 AAC 50.680 -
				2 AAC 50.799. The disclosure statement of a public
				official must contain the required information for the public official and each
				family member of the public official. The disclosure statement of a candidate
				must contain the required information for the candidate and each family member
				of the candidate.
Forms and instructions for filing legislative or public
					 official financial disclosure statements are available at the offices of the
					 Alaska Public Offices Commission at the address and telephone numbers set out
					 in the editor's note following
					 2 AAC 50.250. The forms and instruction may also be
					 obtained online at the commission's website at
					 http://doa.alaska.gov/apoc/
Authority:
AS
					 15.13.030
AS 24.60.200
AS 24.60.220
AS 39.50.020
AS 39.50.030
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.685 - Reporting sources of income and gifts

Current through May 31, 2024
(a) In a disclosure
				statement required by
				AS
				24.60.200 or
				AS
				39.50.020, a legislative branch filer, public
				official, or candidate shall report the applicable information required in
				AS
				39.50.030(b)(1) for all
				amounts greater than $1,000 received as
(1)
				compensation or benefits received from an employer, including a nonprofit
				entity, and a government employer; compensation or benefits include wages,
				salary, commissions, tips, bonuses, housing, and use of an
				automobile;
(2) dividends,
				interest, and other distributions of earnings from a business or
				investment;
(3) self-employment
				income as provided in
				2 AAC 50.700;
(4) rental income as provided in
				2 AAC 50.725; and
(5) any other income, including proceeds of a
				sale of goods or property, capital gains, pensions, retirement account
				cash-outs, government entitlements, alimony or child support payments,
				honoraria, and payments not otherwise accounted for.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.690 - Good faith effort to obtain information

Current through May 31, 2024
In a disclosure statement required by
				  AS
				  24.60.200 or
				  AS
				  39.50.020, a legislative branch filer, public
				  official, or candidate shall report the information that the legislative branch
				  filer, public official, or candidate knows after making a good faith effort to
				  ascertain the information. A good faith effort includes a written request to
				  each family member of the legislative branch filer, public official, or
				  candidate, or to the person in charge of a business in which the legislative
				  branch filer, public official, candidate, or family member of the legislative
				  branch filer, public official, or candidate held an interest in the reporting
				  period
(1) asking for the information
				required under
				AS
				39.50.030 and
				2 AAC 50.680 -
				2 AAC 50.740; and
(2) informing the recipient of the written
				request that the legislative branch filer, public official, or candidate
(A) is required to provide the information
				under oath and penalty of perjury; and
(B) may be subject to the penalties or other
				remedies set out in the applicable provisions of
				AS
				24.60.240-24.60.260,
				AS
				39.50.060-39.50.080,
				39.50.110,
				39.50.130, or
				39.50.135 for failure to provide
				the information.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.695 - Reporting deferred income

Current through May 31, 2024
(a) In a disclosure
				statement required by
				AS
				24.60.200 or
				AS
				39.50.020, a legislative branch filer, public
				official, or candidate shall report any source of income earned but deferred
				for payment after the end of the reporting period.
(b) Income reported as deferred when earned
				must also be reported as income in the year the money or item of value is
				received.
(c) This section does not
				apply to earned income that a legislative branch filer, public official,
				candidate, or family member of the legislative branch filer, public official,
				or candidate voluntarily elects to defer into a tax-advantaged retirement
				savings plan, including a plan under
				26 U.S.C.
				401(k), a plan under
				26 U.S.C.
				403(b), an individual
				retirement account under 26
				U.S.C. 408(IRA), and a
				deferred compensation plan under
				26 U.S.C.
				457 of a state or local government or
				tax-exempt organization. An interest in a tax-advantaged retirement plan must
				be reported as a beneficial interest under
				AS
				39.50.030(b)(4) and
				2 AAC 50.712.
Authority:
AS
					 15.13.030
AS 24.60.200
AS 24.60.220
AS 39.50.020
AS 39.50.030
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.700 - Reporting self-employment and business income

Current through May 31, 2024
(a) In a disclosure
				statement required under
				AS
				24.60.200 or
				AS
				39.50.020, a legislative branch filer, public
				official, or candidate who is self-employed by means of a sole proprietorship,
				partnership, limited liability company, or professional corporation shall
				report the applicable information required in
				AS
				39.50.030(b)(1) for each
				source of income as provided in
				AS
				39.50.200(10).
(b) A legislative branch filer, public
				official, or candidate who is self-employed by a corporation in which the
				legislative branch filer, public official, or candidate holds a controlling
				interest shall report the applicable information required in
				AS
				39.50.030(b)(1) for each
				source of income as provided in
				AS
				39.50.200(10). In this
				subsection, "controlling interest" means the legislative branch filer, public
				official, or candidate, alone or in combination with one or more family
				members, controls
(1) 50 percent or more of
				the ownership interest or voting shares of the corporation; or
(2) less than 50 percent if the legislative
				branch filer, public official, or candidate and all family members of the
				legislative branch filer, public official, or candidates jointly exert actual
				control as demonstrated by
(A) making
				decisions for the corporation without independent participation of other
				owners;
(B) exercising day-to-day
				control over the corporation's affairs;
(C) disregarding formal legal
				requirements;
(D) using corporation
				funds for personal expenses or investments, or intermingling corporation
				finances with personal finances; or
(E) taking other actions that indicate the
				corporation is a mere instrumentality of the legislative branch filer, public
				official, or candidate.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.704 - Reporting income from attorney contingency fee agreements

Current through May 31, 2024
If a legislative branch filer, public official, candidate, or
				  family member has self-employment income based on attorney fee agreements that
				  are contingent on the outcome of the matter for which the service is rendered,
				  the legislative branch filer, public official, or candidate shall report
(1) the total amount received from
				contingency fee agreements in the reporting period; and
(2) the name of each client from whom or on
				whose behalf the legislative branch filer, public official, candidate, or
				family member received a contingency payment; for each named client, the
				legislative branch filer, public official, or candidate shall also list
(A) the recipient of the contingency fee,
				including the legislative branch filer, public official, candidate, or family
				member;
(B) whether the income was
				earned under a fee agreement contingent on the outcome of the matter for which
				the service was rendered, as provided in Rule 1.5, Alaska Rules of Professional
				Conduct; and
(C) a description of
				services that conveys the nature of the service performed without violating
				privileged communications or client confidences.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.708 - Reporting business interests and investments

Current through May 31, 2024
(a) In a disclosure
				statement required under
				AS
				24.60.200 or
				AS
				39.50.020, a legislative branch filer, public
				official, or candidate shall report the information required in
				AS
				39.50.030(b)(2) and this
				section for each business in which the legislative branch filer, public
				official, candidate, or family member held an interest or an option to purchase
				in the reporting period. A business interest includes a nonprofit entity if the
				legislative branch filer, public official, candidate, or family member is an
				employee, officer, or member of the governing board of the nonprofit
				entity.
(b) For each business
				interest reported, the disclosure statement must identify
(1) the nature of the interest of the
				legislative filer, public official, candidate, or family member, including
				stockholder, owner, officer, director, partner, proprietor, member, employee,
				or similar interest by any other name; and
(2) the category of income in
				2 AAC 50.685(a) in which any income or
				benefit received from the business is reported.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.712 - Reporting trusts and beneficial interests

Current through May 31, 2024
(a) In a disclosure
				statement required by
				AS
				24.60.200 or
				AS
				39.50.020, a legislative branch filer, public
				official, or candidate shall report each trust fund, retirement account, or
				other beneficial interest in which the legislative branch filer, public
				official, candidate or family member holds an interest. This section does not
				require reporting of unvested interests, contingent interests, or other similar
				interests that provide no current income and may be modified before the death
				of another person who holds the interest.
(b) For each trust fund, retirement account,
				or other beneficial interest reported, the disclosure statement must include
(1) the information required by
				AS
				39.50.030(b)(4);
(2) the name of the legislative branch filer,
				public official, candidate, or family member who holds the interest;
				and
(3) for any family trust or
				other beneficial interest that is held by related persons, the total percentage
				held by
(A) a public official, candidate, and
				all family members of the public official or candidate; or
(B) a legislative branch filer, all family
				members of the legislative branch filer, and all nondependent children living
				with the legislative branch filer.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.720 - Reporting interests in real property

Current through May 31, 2024
In a disclosure statement required by
				  AS
				  24.60.200 or
				  AS
				  39.50.020, a legislative branch filer, public
				  official, or candidate shall report an interest in real property by
(1) the address or other legal description of
				the property, except that a primary residence or recreational property held for
				personal use may be described only by zip code; and
(2) the nature of the interest that the
				legislative branch filer, public official, candidate, or family member held in
				the property; the nature of interests to be reported includes fee simple
				ownership, tenancy in common, general or limited partnership interest, and
				holder of an option to purchase.
Authority:
AS
					 15.13.030
AS 24.60.200
AS 24.60.220
AS 39.50.020
AS 39.50.030
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.725 - Reporting sources of income from rental property

Current through May 31, 2024
In a disclosure statement required by
				  AS
				  24.60.200 or
				  AS
				  39.50.020, a legislative branch filer, public
				  official, or candidate shall report rental property that is a source of income
				  as follows:
(1) if any person paid
				more than $1,000 in rent during the preceding year, the name of that person and
				the amount of the rent paid; and
(2) if the property is managed by a person
				other than the legislative branch filer, public official, candidate, or a
				family member of the legislative branch filer, public official or candidate,
				the name of the manager.
Authority:
AS
					 15.13.030
AS 24.60.200
AS 24.60.220
AS 39.50.020
AS 39.50.030
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.740 - Reporting loans, loan guarantees, and indebtedness

Current through May 31, 2024
(a) In reporting
				the identity of each creditor as required under
				AS
				39.50.030(b)(5), a public
				official or candidate
(1) shall include any
				government entity that has filed a tax lien against property owned by the
				public official, candidate, or family member, or that claims any other
				indebtedness from the public official, candidate, or family member;
(2) is not required to list any retail charge
				account creditor, revolving charge account creditor, or credit card
				creditor.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 3 - Legislative and Public Official Financial Disclosure › 2 AAC 50.799 - Definitions

Current through May 31, 2024
(a) In
				AS
				39.50.200(10) and
				2 AAC 50.680 -
				2 AAC 50.799, "self-employed" and "self-employment"
				means the person described
(1) has an
				ownership interest in the business entity from which that person derives
				income; and
(2) is directly and
				actively involved with known or identifiable persons that are clients,
				patients, or customers of the business by
(A)
				soliciting the business or patronage of the client, patient, or customer;
				or
(B) personally providing
				services to the client, patient, or customer.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.801 - Reports; public records

Current through May 31, 2024
(a) A report,
				record, or other information in the commission's possession may be inspected at
				the commission's office during regular business hours unless the commission has
				determined that the report, record, or other information is confidential. The
				commission will provide a copy of any report, record, or other information in
				the commission's possession, at cost as provided in
				AS
				40.25.110-40.25.120.
(b) A person may request a determination that
				information in the commission's possession, including discovery the staff
				obtains in an investigation, is protected by a state or federal statute,
				privilege, or constitutional right, and must be kept confidential. If the
				commission determines, on request or on its own motion, that information in the
				commission's possession is protected by a state or federal statute, privilege,
				or constitutional right, the commission will keep the information
				confidential.
(c) While a staff
				investigation under
				2 AAC 50.875 is in progress, the commission's files
				relating to that investigation are confidential. After the investigation is
				concluded and the final commission order is issued, any person may view or copy
				an investigation file, except for documents the commission has determined to
				keep confidential under (b) of this section.
The commission's schedule of fees for copies of reports,
					 records, and other information in its possession can be viewed at each office
					 of the commission, or found on the commission's website. The address and
					 telephone numbers of the commission's offices, and the commission's Internet
					 address are set out in the editor's note following
					 2 AAC 50.250.
Authority:
AS
					 15.13.020
AS 15.13.030
AS 15.13.110
AS 15.13.111
AS 24.45.021
AS 24.45.031
AS 24.45.091
AS 24.45.101
AS 24.60.131
AS 24.60.220
AS 24.60.230
AS 39.50.050
AS 40.25.110
AS
					 40.25.120
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.806 - Inspection and preservation of records

Current through May 31, 2024
(a) In an
				investigation initiated by the staff, or in response to a complaint, the staff
				may inspect records that a person is required to keep and preserve under AS
				15.13, AS 24.45,
				AS
				24.60.200-24.60.260, and AS 39.50, and other
				relevant documents and information.
(b) The staff shall request access to inspect
				records, documents, or other information by mailing or delivering a letter
				identifying the requested records, documents, or other information with
				reasonable specificity. The person requested to provide access shall make the
				requested records, documents, or other information available to the staff at a
				reasonably convenient time and place no later than 10 days after the letter
				requesting access is mailed or delivered, unless the staff agrees to extend the
				time for making the records available. If the person requested to provide the
				records is subject to AS 15.13 or AS 24.45, and if the person does not comply
				or provides an incomplete response, the commission may issue a subpoena
				requiring production of the records.
(c) A person served with a subpoena may file
				a written objection to producing any record, document, or other requested
				information, and may request a hearing before the commission on the objection.
				If the commission denies the objection, and the person fails or refuses to
				makes the records available for staff inspection, the commission may seek
				judicial enforcement of the subpoena as provided in
				AS
				15.13.045(d).
(d) A person authorized under
				AS
				15.13.111(c) to submit
				records to the commission for preservation must submit the records with the
				form that the commission prescribes for that purpose, and in the electronic
				format that the commission requires. The commission may reject any records
				submitted in a format that is not compatible with the commission's electronic
				records system.
A form and instructions for submitting records to the
					 commission for preservation can be obtained at each office of the commission,
					 or found on the commission's website. The address and telephone numbers of the
					 commission's offices, and the commission's Internet address are set out in the
					 editor's note following
					 2 AAC 50.250.
Authority:
AS
					 15.13.030
AS 15.13.045
AS 15.13.111
AS 24.45.031
AS 24.45.111
AS 24.45.131
AS 24.60.220
AS 24.60.230
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.811 - Filing and service of documents; computation of time

Current through May 31, 2024
(a) A document
				required to be filed with the commission must be electronically filed as
				provided in
				2 AAC 50.816, or mailed or delivered to the commission.
				A mailed report must be postmarked no later than the due date for that
				document. A document delivered by hand, by electronic submission, or by
				facsimile transmission must be received at the commission's office no later
				than the due date for that document. A filing by a complainant, respondent, or
				other party to a commission proceeding must be accompanied by a certificate of
				service showing the date and method of mailing or delivery and each person to
				whom the document is sent.
(b) The
				commission will give an initial notice of hearing to any respondent by
				certified mail, return receipt requested, or other method of personal service.
				Unless the commission knows that personal service is necessary to give actual
				notice of a hearing date, the commission will mail or deliver any other
				document required under this chapter, including any notice, order, or decision,
				to a person's address on file with the commission. A person subject to
				reporting requirements under this chapter shall keep an accurate address on
				file with the commission, and shall promptly give the commission notice of a
				change of address.
(c) The
				commission will prepare a certificate of service for any order, notice,
				investigation report, or staff decision, including a penalty assessment; in the
				certificate, the commission will show the date and method of personal service,
				mailing, or delivery, and each person to whom the document is sent.
(d) The time allowed for an act required or
				permitted under this chapter is computed by excluding the day on which the
				designated period begins, and including the day on which the performance is
				due. If the day on which the performance is due is a Saturday, Sunday, or state
				holiday, the due date is the next business day. When a notice or other document
				requiring or permitting action under this chapter is served on a respondent or
				other person by mail, three days are added to the time allowed for the
				act.
The address and telephone numbers of the commission's
					 offices, and the commission's Internet address are set out in the editor's note
					 following 2 AAC 50.250.
Authority:
AS
					 15.13.030
AS 15.13.040
AS 15.13.045
AS 24.45.021
AS 24.45.041
AS 24.60.210
AS 24.60.220
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.816 - Electronic filing

Current through May 31, 2024
(a) Except as provided in
				AS
				15.13.040(m) and (b) of this
				section, a statement and report required to be submitted to the commission must
				be filed electronically on a form the commission prescribes for the purpose,
				unless the commission by order suspends the electronic filing requirement and
				requires a different method of filing. Nothing in this section relieves a
				person from compliance with submission or format requirements for a statement
				or report required to be filed with the director of elections, a municipal
				clerk, or any other designated official.
(b) A representational lobbyist as described
				in 2 AAC 50.550(d)
				and the employer of a representational lobbyist are not required to register or
				file reports electronically under this section, but may file electronically at
				the option of the representational lobbyist or the employer of the
				representational lobbyist.
(c)
				Except for a person required to file electronically under AS 24.45, a person
				may seek an exemption from the electronic filing requirement by filing a
				request in compliance with the exemption procedure set out in
				2 AAC 50.821. In addition to meeting the requirements of
				2 AAC 50.821(a), a person requesting an
				exemption from the electronic filing requirement must
(1) attach the statement or form that the
				person seeks to file by means other than electronic filing to the exemption
				request; and
(2) submit both the
				exemption request and the statement or report to which it applies by mail,
				facsimile transmission, or hand delivery no later than the date on which the
				statement or report is due.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.821 - Request for exemption or waiver

Current through May 31, 2024
(a) To request an
				exemption allowed under AS 15.13, AS 24.45,
				AS
				24.60.200-24.60.260, or AS 39.50, or a
				waiver of any requirement of this chapter, a person shall file a written
				request for exemption or waiver. A written request for exemption or waiver must
				be submitted on or before the due date of any report or filing to which it
				relates, and must provide the following information:
(1) the name of the person requesting the
				exemption or waiver;
(2) the
				person's mailing address;
(3) the
				electronic mail address or telephone number at which the person may readily be
				contacted;
(4) the matter for which
				the person seeks an exemption or waiver;
(5) if the exemption or waiver request
				relates to information for which this chapter provides an exemption, the
				applicable provision of this chapter;
(6) a statement whether the requested
				exemption or waiver is for a single report or filing, or for additional future
				reports requiring similar information;
(7) the reasons for the exemption
				request;
(8) any other information
				essential to the particular exemption or waiver request; and
(9) a certification by the person requesting
				the exemption or waiver that all facts stated in the request are
				true.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.826 - Commission decision on staff recommendation

Current through May 31, 2024
(a) The procedure
				in this section applies when
				AS
				15.13.374 or any provision of this chapter
				authorizes the staff to prepare a draft advisory opinion or other recommended
				decision for the commission's review. A staff recommendation must be in
				writing, set out applicable facts and law, and explain the reasons for the
				recommendation.
(b) After preparing
				a recommendation, the staff shall
(1) submit
				the recommendation to the commission for decision; and
(2) send a copy of the recommendation to the
				person that requested the opinion or exemption, or that is the subject of the
				matter at issue, along with notice that the recommendation has been submitted
				to the commission for review as provided in (c) of this section.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.831 - Administrative appeal of staff decision

Current through May 31, 2024
(a) A person that
				receives an adverse staff decision, including a penalty assessment under
				2 AAC 50.855, may appeal the staff decision to the
				commission as provided in this section. Unless otherwise provided, a person
				must appeal from an adverse staff decision by filing a notice of appeal and a
				written statement explaining the reasons the appellant believes the staff
				decision should be rejected. The notice of appeal and statement of reasons must
				be mailed or delivered to the commission no later than 30 days after the date
				the staff decision was mailed or delivered to the person. The commission will
				not consider an appeal that is not timely filed.
(b) The commission will consider a notice of
				appeal and statement of reasons at the next regularly scheduled commission
				meeting unless, in its discretion, the commission schedules the appeal for a
				special meeting. The commission will give the appellant advance notice of the
				date, time, and place the commission will consider the appeal. The appellant
				may appear in person or telephonically, and may be represented by an agent or
				an attorney licensed to practice in this state. The commission will determine
				the order of presentations on the appeal.
(c) After considering the statement of
				reasons and other relevant evidence, the commission will affirm, reject, or
				modify the staff decision. No later than 10 days after the date the commission
				enters its order, the staff shall send written notice of the commission's
				decision to the appellant at the appellant's address on file with the
				commission. An adverse decision of the commission may be appealed to the
				superior court as provided in
				AS
				44.62.560 and Rules 601 - 612 of the Alaska
				Rules of Appellate Procedure.
Authority:
AS
					 15.13.030
AS 24.45.021
AS 24.60.220
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.835 - Disqualification of commission member

Current through May 31, 2024
(a) A commission
				member who has a conflict of interest or a relationship that creates an
				appearance of impropriety, or who is otherwise unable to participate in a
				decision in an unbiased manner so as to reach a fair and impartial decision on
				a matter before the commission may not participate in a decision on a staff
				recommendation, an administrative appeal of a staff decision, or a hearing on
				that matter. A commission member has a conflict of interest in a matter before
				the commission if
(1) the commission member
				has a substantial financial relationship with a complainant or respondent in
				the matter; or
(2) a family member,
				employer, business associate, or business of a commission member has a
				substantial financial relationship with a complainant, a respondent, or a
				family member, business associate, or business of a complainant or a
				respondent.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.840 - Advisory opinion

Current through May 31, 2024
(a) The commission staff shall review any
				request for an advisory opinion submitted under
				AS
				15.13.374. If the staff determines that a
				request for an advisory opinion does not satisfy the requirements of
				AS
				15.13.374(b), the staff
				shall reject the request and notify the person making the request of any
				deficiency. A rejected request may be corrected and refiled.
(b) If the staff determines that a request
				for an advisory opinion satisfies the requirements of
				AS
				15.13.374(b), the executive
				director or the executive director's designee shall prepare a recommended
				advisory opinion for the commission's consideration as provided in
				AS
				15.13.374(c). The commission
				will consider the recommended opinion as provided in
				2 AAC 50.826.
(c) A commission member who voted with the
				majority approving an advisory opinion may, no later than 15 days after the
				vote, move for reconsideration of the opinion based on a showing of substantial
				procedural error, fraud, misrepresentation, material mistake of fact or law, or
				new evidence relevant to the advisory opinion. If at least four members vote to
				reconsider an advisory opinion, the opinion is vacated.
(d) A person that requested an advisory
				opinion may act in reliance on the advisory opinion unless that person receives
				notice that the commission has reconsidered the advisory opinion. A person's
				good faith reliance on an advisory opinion is a complete defense to any
				enforcement action based on the conduct that is the subject of the advisory
				opinion.
(e) Nothing in this
				section precludes the commission from revising a previous advisory opinion for
				good cause.
Authority:
AS
					 15.13.030
AS 15.13.374
AS 24.45.021
AS 24.60.220
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.845 - Late or incomplete reports

Current through May 31, 2024
(a) A statement,
				report, or registration required under AS 15.13, AS 24.45,
				AS
				24.60.200-24.60.260, AS 39.50, this chapter,
				or a commission order requiring the statement, report, or registration is late
				if not filed electronically or by another method the commission requires on or
				before the due date prescribed in the statute, regulation, or commission order
				requiring the statement, report, or registration. A statement, report, or
				registration that is not required to be filed electronically must be mailed or
				delivered to the commission's office on or before the date prescribed in the
				statute, regulation, or commission order requiring the statement, report, or
				registration. The statement of a municipal officer is late if the municipal
				clerk or the clerk's designee does not receive the statement on or before the
				due date for that statement.
(b) A
				statement, report, or registration required under AS 15.13, AS 24.45,
				AS
				24.60.200-24.60.260, AS 39.50, this chapter,
				or a commission order is incomplete if any material item of information
				required by the prescribed form is not provided. However, a report is not
				incomplete and a penalty will not be assessed if the occupation or employer
				information required in
				AS
				15.13.040 is not provided for a contribution
				and the treasurer or candidate returns the contribution no later than 10 days
				after receipt from the contributor. If the staff discovers an obvious
				deficiency on the face of a statement, the staff shall notify the filer of the
				deficiency.
Authority:
AS
					 15.13.030
AS 15.13.380
AS 15.13.390
AS 24.45.131
AS 24.45.141
AS 24.60.200
AS 24.60.210
AS 24.60.220
AS 24.60.240
AS 39.50.020
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.850 - Notice of deficiency; remedies

Current through May 31, 2024
(a)
Nonreceipt.
A person's failure to receive a notice of deficiency
				does not excuse that person's failure to mail or deliver each required filing
				on or before the due date for that filing.
(b)
Notice of deficiency.
Except
				as provided in (f) and (g) of this section, if a person required to file a
				registration, disclosure statement, or other report under AS 15.13, AS 24.45,
				AS
				24.60.200-24.60.260, or AS 39.50 fails to
				file the registration, statement, or report within 10 days after the due date
				for that filing, the staff shall send the person responsible for the filing a
				written notice stating
(1) that the person's
				registration, statement, or report has not been filed;
(2) the date on which the registration,
				statement, or report was due;
(3)
				the amount of the civil penalty that may be assessed as of the date of the
				notice, and the amount by which the penalty may increase each day until the
				registration, statement, or report is filed.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.855 - Penalty assessment procedure

Current through May 31, 2024
(a) If, no later
				than 30 days after the due date, a person responsible for filing a
				registration, statement, or report required under AS 15.13, AS 24.45,
				AS
				24.60.200-24.60.260, or AS 39.50 that is
				late or incomplete corrects the deficiency, the commission staff shall assess a
				penalty. The amount of the penalty must be determined by multiplying the
				applicable daily maximum penalty set out in
				AS
				15.13.390,
				AS
				24.45.141,
				AS
				24.60.240, or
				AS
				39.50.135 by the number of days the
				registration, statement, or report was late or incomplete. The number of late
				or incomplete days includes each day following the due date of the
				registration, statement, or report through the day a registration, statement,
				or report that substantially complies with the filing requirement is mailed or
				delivered to the commission.
(b)
				Notwithstanding (a) of this section,
(1) for
				late filing of a statement or report required under
				AS
				24.60.200 -
				24.60.260 or AS 39.50, the staff
				shall document the violation and
(A) shall
				waive the assessed penalty if
(i) the late
				filing is an initial report due from a first-time filer who is also a
				first-time member of a board or commission who was not notified of the required
				filing by the staff of that board or commission; or
(ii) the late filing is from a member of the
				national guard or military reserves called to active duty during the period
				from 60 days before the due date to 60 days after the due
				date;
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.860 - Procedure for disputing penalty

Current through May 31, 2024
(a) A person who
				receives a penalty assessment under
				2 AAC 50.855 may appeal the assessment to the commission
				by submitting a written statement
(1)
				explaining any reason the person disputes any fact relevant to the
				assessment;
(2) including an
				affidavit that states facts to support any mitigating factor listed in
				2 AAC 50.865 that is applicable to that person;
				and
(3) showing that any
				aggravating factor listed in
				2 AAC 50.865(d) does not apply to that
				person.