reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.030 - Rental complaints by tenants

Current through May 31, 2024
(a) Upon delivery
				of the notice required in sec. 20 of this chapter, a tenant or prospective
				tenant who believes that the proposed rent increase for the rental unit
				occupied or about to be occupied is unjustified may file a complaint with the
				Emergency Rent Review Board for his or her area. A complaint must be filed
				within 15 days after the receipt of a notice of intent to increase the rent;
				however, complaints as to rent increases which become effective within 120 days
				before a declaration of housing emergency must be filed within 30 days of that
				declaration.
(b) Complaints may be
				on forms provided by the board, but any written statement which clearly
				delineates the complaint of the tenant shall be accepted as a properly filed
				complaint.
(c) A person who is
				unable to prepare a written complaint may make an oral statement to the board
				which clearly delineates his or her complaint, and this complaint shall be
				accepted by the board. The board shall prepare a memorandum of an oral
				complaint which shall be signed by the complaining party.
Authority:
AS
					 34.06.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.040 - Notice of filing a complaint

Current through May 31, 2024
(a) Within five
				days after a tenant has filed a complaint with the board under sec. 30 of this
				chapter, the board shall mail to the landlord, or the landlord's agent who
				collects rent on the property, a notice of the filing of a complaint, a copy of
				the complaint and property income/expense analysis forms.
(b) The landlord may not implement a proposed
				rent increase upon which a complaint has been filed until issued a rent order
				approving the increase from the commissioner or his designee as set out in this
				chapter.
(c) Within 10 days after
				the mailing of the notice by the board as provided in (a) of this section, the
				landlord or the landlord's agent shall prepare and file with the board a
				property income/expense analysis on forms prescribed by the
				commissioner.
(d) The board shall
				provide the complaining tenant with a copy of the landlord's property
				income/expense analysis form prior to any hearing on the proposed
				increase.
Authority:
AS
					 34.06.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.050 - Retroactivity

Current through May 31, 2024
(a) When a requested increase is approved,
				the increase is retroactive to the effective date specified in the notice of
				increase.
(b) Rent increases having
				an effective date within the 120 days before the declaration of a housing
				emergency, which are paid but which are later denied in whole or in part, shall
				not be refunded to the tenant.
(c)
				Proposed rent increases having an effective date after the declaration of a
				housing emergency, which a tenant mistakenly pays and is subsequently denied in
				whole or in part, shall be refunded to the tenant.
Authority:
AS
					 34.06.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.060 - Emergency Rent Review Board

Current through May 31, 2024
(a) Appointments. A
				three-member Emergency Rent Review Board is created in each area in which a
				housing emergency is declared by the governor to exist. Within 20 days after
				the housing emergency is declared, members will be appointed by the governor in
				the following manner, assuring insofar as possible an equal representation of
				the interests of landlords and tenants:
(1)
				one member will be appointed from a list of three names submitted by the
				borough assembly;
(2) one member
				will be appointed from a list of three names submitted by the city
				council;
(3) one member will be
				appointed at-large by the governor.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.070 - Operation of the board

Current through May 31, 2024
(a) Compensation and Residence. All members
				serve without pay at the pleasure of the governor and must reside within the
				area declared to be under a housing emergency.
(b) Quorum. Two members of each board
				constitute a quorum for the transaction of business.
(c) Meetings. Each board shall meet at least
				once every 15 days. The first meeting of the board shall be held within 10 days
				after the official appointment date of the second member appointed.
(d) Duties. Each board shall review all
				rental complaints submitted pursuant to the authority of this chapter within 20
				days of submission and shall, within a reasonable period, make its
				recommendation that the proposed increase be denied or allowed in whole or in
				part. The board shall review eviction complaints as set out in sec. 125 of this
				chapter and determine those which shall be heard by a hearing officer pursuant
				to sec. 85 of this chapter. The board shall notify the parties of its
				recommendation and notify them of the right of the aggrieved party to appeal to
				the commissioner as set out in sec. 90 of this chapter.
(e) Jurisdiction. In areas which have been
				declared by the governor to be in a state of housing emergency, each board is
				authorized to review complaints involving any rent increases for residential
				housing accommodations which have or are proposed to become effective within
				120 days before the declaration.
(f) Publication of Board Activities. Each
				board shall publish, once a month, during the period of housing emergency, in a
				newspaper of general circulation within its area, the names of its members, the
				dates of its meetings, the precise address to which all correspondence,
				complaints and reports should be directed, and a statement of the availability
				of a monthly journal. Each board shall prepare a monthly journal which lists
				the increases requested and the commissioner's final disposition of complaints
				disposed of during the previous month.
Authority:
AS
					 34.06.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.080 - Hearings on rent complaints

Current through May 31, 2024
(a) Each board
				shall hold a hearing if it is requested by either party. Parties may be
				represented by counsel or by any other individual or agency if they desire
				representation. All hearings will be conducted in accordance with
				AS
				44.62.450 and shall be heard by a hearing
				officer in conjunction with the board as provided in that section. Evidence
				shall be accepted in accordance with the rules set forth in
				AS
				44.62.460.
(b) The time and place of the hearings shall
				be set with regard to the convenience of the board and the parties except that
				the board shall give the parties reasonable notice before any
				hearing.
(c) After the hearing the
				board shall, in conjunction with the hearing officer, make a recommended
				decision in writing to the commissioner. The decision shall contain the board's
				findings of fact and conclusions regarding the issues presented and shall be in
				accordance with
				AS
				44.62.500 through
				AS
				44.62.510. The proposed decision shall be
				sent to the commissioner with copies to the parties.
Authority:
AS 34.06.030
AS 34.06.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.085 - Hearings on evictions

Current through May 31, 2024
(a) A hearing on a proposed eviction shall be
				held after a statement of issues prepared by the hearing officer has been
				served on the parties as provided in
				AS
				44.62.380. Parties may be represented by
				counsel or by any other individual or agency if they desire representation. All
				hearings shall be conducted in accordance with
				AS
				44.62.450 and shall be presided over by a
				hearing officer who will hear the case alone. Evidence shall be accepted in
				accordance with the rules set forth in
				AS
				44.62.460.
(b) The time and place of the hearings shall
				be set according to
				AS
				44.62.410 and the hearing officer shall mail
				a notice of hearing to all parties at least 10 days before the
				hearing.
(c) After the hearing, the
				hearing officer shall prepare a proposed decision for the commissioner in
				accordance with
				AS
				44.62.500 through
				AS
				44.62.510.
Authority:
AS 34.06.030
AS 34.06.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.090 - Objections to adverse recommendations

Current through May 31, 2024
(a) Procedure for
				Objecting to a Recommendation. A party aggrieved by a recommendation of the
				board or hearing officer may object to the commissioner within 10 days from the
				notification of the recommendation. The objections shall be in writing and
				shall state in a brief and informal manner the reasons for the objection. Upon
				receipt of the objection, the commissioner will review the record and issue a
				final determination concerning the proposed rental increase.
(b) Record. The record for purposes or
				reviewing objections or for purposes of judicial review consists of all written
				statements, evidence, and reports submitted to the board or hearing officer,
				and the recording of the hearing.
Authority:
AS 34.06.030
AS 34.06.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.100 - Orders of commissioner of commerce, community, and economic development

Current through May 31, 2024
(a)
				Review of Objections to Recommendations. All recommendations of Emergency Rent
				Review Boards shall be forwarded to the commissioner for final action. The
				commissioner or his authorized designee will review on the record each
				recommendation of the board or hearing officer and issue a rent order approving
				or denying, in whole or in part, the proposed rental increase or, in the case
				of an eviction, a certificate of eviction approving or denying the proposed
				eviction. Within 15 days of receipt of a recommendation a copy of the
				commissioner's order or certificate of eviction will be sent by certified mail
				to the landlord and the tenant. A rent order or certificate of eviction is
				considered a final order for purposes of judicial review and will include a
				statement of the party's right to have the order reviewed in court, if a notice
				of appeal is filed in the superior court within 30 days after the issuance of
				the rent order.
(b) Effect of
				Orders in Actions for Eviction. An order by the commissioner prohibiting an
				increase in rent or an eviction is a defense in an action for eviction for
				failure to pay that rent increase or for failure to vacate the premises for the
				reasons stated before the board. An order by the commissioner allowing an
				increase in rent may be pleaded by the landlord in support of an action for
				eviction for failure to pay that rent increase. A tenant has 10 days from
				receipt of the order in which to pay the required increase. A certificate of
				eviction by the commissioner allowing an eviction may be pleaded by the
				landlord in support of a court action for an eviction upon the cause stated
				before the board. Nothing in this section interferes with an aggrieved party's
				right under AS 34.06.043, AS 34.06.045, or other applicable provisions
				consistent with AS 34.06 and this chapter.
As of Register 171 (October 2004), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6) to reflect
					 the name change of the Department of Community and Economic Development to the
					 Department of Commerce, Community, and Economic Development made by ch. 47, SLA
					 2004 and the corresponding title change of the commissioner of community and
					 economic development.
Authority:
AS
					 34.06.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.110 - Standard for review of proposed increases in rent

Current through May 31, 2024
(a) It is the
				intent of this chapter to allow landlords in housing emergency areas to
				implement only those rent increases sufficient to enable them to recover
				increased costs for items reasonably and actually related to the operation of
				their properties and to permit them a reasonable profit on their investment.
				However, it is not the intent of this chapter to inhibit nor discourage the
				construction and the availability of financing of new housing
				accommodations.
(b) A rent increase
				will be approved by the commissioner if it does not exceed increased costs for
				the property or would not result in a profit on investment which is higher than
				that required to attract capital to the rental market in the housing emergency
				area. In determining what profit on investment would attract capital to the
				rental market in a particular emergency area, a board may consider evidence of
				normal return on investment, normal return on equity, or normal cash flow needs
				or any other relevant evidence. The burden of proof to establish, by a
				preponderance of the evidence, the profit on investment which would attract
				capital to that rental market is on the party alleging the appropriateness of a
				particular level of profit.
(c) In
				this section, "increased costs" means
(1)
				increases in taxes assessed;
(2)
				municipal property assessments imposed since the last rent increase;
(3) increase in utility costs;
(4) increases in maintenance and repair
				costs;
(5) the cost of capital
				improvements on residential housing accommodations amortized over the useful
				life of the improvement;
(6) the
				cost of fixtures and furnishings for residential housing accommodations
				amortized over the useful life of the item;
(7) increases in premiums for insurance on
				the property involved;
(8)
				increases in credit losses occurring since the last rent increase;
(9) increases in personnel or other
				management costs; and
(10) any
				other necessary expenses related to the continued operation and possession of
				rented or leased properties.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.115 - Procedure for eviction

Current through May 31, 2024
(a) During the period of a declared housing
				emergency, a landlord may not evict a tenant unless the landlord's reasons for
				doing so are valid and consistent with purposes of AS 34.06. Before proceeding
				to evict a tenant, a landlord shall, in accordance with the appropriate
				eviction notice time requirements in
				AS
				34.03.220 or
				34.03.290, deliver to a current
				tenant notice in writing of the proposed eviction. The notice shall state
(1) the specific reason for the proposed
				eviction and its effective date;
(2) the tenant's right to present the matter
				to the board within five days.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.125 - Eviction complaints by tenants

Current through May 31, 2024
(a) Upon delivery
				of a notice of eviction, an aggrieved tenant who believes that the proposed
				eviction is not valid or consistent with the purposes of AS 34.06 as set out in
				sec. 145 of this chapter may file a complaint with the board so long as formal
				eviction proceedings have not been filed against the tenant in a court of
				competent jurisdiction.
(b)
				Complaints may be on forms provided by the board, but any written statement
				which clearly delineates the complaint of the tenant shall be accepted as a
				properly filed complaint. A person who is unable to prepare a written complaint
				may make an oral statement to the board which clearly delineates his or her
				complaint, and this complaint shall be accepted by the board. The board shall
				prepare a memorandum of an oral complaint which shall be signed by the
				complaining party.
(c) Within five
				days after a tenant has filed a complaint with the board regarding a proposed
				eviction, the board, acting through its designated staff, shall review the
				notice of eviction and the complaint to determine if there is reasonable cause
				to believe that the reasons for the eviction are not valid or not consistent
				with the purposes of AS 34.06 as set out in sec. 145 of this chapter. It shall
				be presumed that there is reasonable cause to believe that the reasons given
				for the eviction are not valid or are not consistent with the purposes of AS
				34.06 if the proposed eviction involves a tenant who has previously filed a
				complaint against the same landlord pursuant to sec. 30 of this
				chapter.
(d) If it is determined
				that there is not reasonable cause to believe that the reasons for the eviction
				are not valid or not consistent with the purposes of AS 34.06, the board,
				acting through the staff, shall notify the complaining tenant that the
				complaint will not be heard by the board, but that this determination does not
				preclude the tenant's pursuing his legal remedies in court under AS 34.03 or AS
				34.06.
(e) If it is determined that
				there is reasonable cause to believe that the reasons for the eviction are not
				valid or are not consistent with the purposes of AS 34.06, the board shall send
				to the landlord a notice of the filing of the complaint and a copy of the
				complaint. A hearing shall then be held in accordance with sec. 85 of this
				chapter to determine if the reasons for the eviction are valid and consistent
				with the purposes of AS 34.06 as set out in sec. 145 of this chapter. After
				receiving notice of the complaint, the landlord may not implement the proposed
				eviction until issued a certificate of eviction specifying that the reasons for
				the eviction are valid and consistent with the purposes of AS 34.06.
Authority:
AS
					 34.06.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.130 - Retaliatory conduct prohibited

Current through May 31, 2024
A landlord may not retaliate by increasing rent or decreasing
				  services or by bringing or threatening to bring an action for possession after
				  the tenant has exercised his rights under this chapter or AS
				  34.06.
Authority:
AS
					 34.06.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.140 - No waiver of rights

Current through May 31, 2024
No landlord or tenant may waive his or her rights under this
				  chapter or AS 34.06.
Authority:
AS
					 34.06.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.145 - Standard of review for evictions

Current through May 31, 2024
(a) Evictions
				during a housing emergency will be allowed only if the reasons for the eviction
				are valid and consistent with the purposes of this chapter. Nonvalid reasons
				for eviction include (1) retaliation against a tenant for exercising his rights
				under this chapter; or (2) repossession for the purpose of obtaining a new or
				previously disapproved rent increase. A landlord may not retaliate by
				increasing rent or decreasing services or by bringing or threatening to bring
				an action for possession after the tenant has exercised his rights under AS
				34.03 or AS 34.06. A landlord may not evict a tenant for failure to pay a rent
				increase which the commissioner has by order prohibited. A landlord also may
				not evict a tenant solely for the purpose of obtaining a new rent
				increase.
(b) Valid reasons for
				evictions include but are not limited to the following:
(1) if the tenant is in default in
				rent;
(2) if compliance with the
				applicable building or housing code requires alterations, remodeling, or
				demolition which would effectively deprive the tenant of the use of the
				dwelling unit;
(3) if the tenant is
				committing waste or a nuisance, or is using the dwelling unit for an illegal
				purpose or for other than living or dwelling purposes in violation of his
				rental agreement;
(4) if the
				landlord seeks in good faith to recover possession of the dwelling unit for
				personal purposes;
(5) if the
				landlord in good faith seeks to recover possession of the dwelling unit for the
				purpose of substantially altering, remodeling, or demolishing the
				premises;
(6) if the landlord seeks
				in good faith to recover possession of the dwelling unit for the purpose of
				immediately terminating for at least six months use of the dwelling unit as a
				dwelling unit; or
(7) if the
				landlord has in good faith contracted to sell the property and the contract of
				sale contains a representation by the purchaser corresponding to (4), (5) or
				(6) of this subsection.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 90 - Emergency Rent Review › 3 AAC 90.150 - Definitions

Current through May 31, 2024
Unless the context otherwise requires, the terms used in this
				  chapter have the same meaning as set forth in AS 34.06 and AS 34.03. In this
				  chapter
(1) "board" means an Emergency
				Rent Review Board established under sec. 60 of this chapter;
(2) "delivery" means actual personal service
				upon the tenant or person in possession, or left in a secure place at the
				premises if the tenant is absent from the premises, or by registered or
				certified mail in which case an additional three days shall be added to the
				time limit for filing a complaint;
(3) "eviction" means termination of tenancy
				or termination of a rental agreement;
(4) "rent increase" means either an actual
				monetary increase in the amount of rent or a constructive increase obtained by
				diminution in the size of the dwelling unit, reduction of services or other
				change without a commensurate adjustment of the rent charged for the dwelling
				unit;
(5) "residential housing
				accommodation" means a single or multiple unit private dwelling, including a
				mobile home or a lot or space upon which a mobile home is placed, or a
				structure on the land that may be leased for any term of one week or longer, or
				other condition of tenancy, that is used for dwelling purposes; and
(6) "transient occupancy in hotels, motels,
				and motor inns" means the customary short-term presence or short-durational
				stay of guests in these facilities and does not mean arrangements which
				substantially compete with other residential housing accommodations even though
				the terms of the tenancy of these accommodations may be less than 30
				days.
Authority:
AS 34.06.030
AS 34.06.050(3)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.010 - Applicant eligibility

Current through May 31, 2024
Municipalities having authority under AS 29.41 or AS 29.48 to
				  provide and maintain a cultural facility are eligible to apply for state
				  cultural facilities construction and development grant funds.
Authority:
AS
					 43.18.500
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.020 - Eligible projects

Current through May 31, 2024
Grants for cultural facilities must be used for
(1) the construction of new buildings;
				or
(2) the development of existing
				buildings including rehabilitation and remodeling.
Authority:
AS
					 43.18.500
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.030 - Preapplication form

Current through May 31, 2024
(a) In order to apply for a cultural facility
				grant, an applicant must submit a preapplication form.
(b) Upon submission of a preapplication form,
				the department and advisory council will determine the eligibility of the
				proposed project. If the project is eligible, a grant application form will be
				mailed to the applicant.
(c) If a
				preapplication form is incomplete or the project ineligible, the preapplication
				form will be returned to the applicant together with a statement of the reasons
				for rejection.
Authority:
AS
					 43.18.500
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.040 - Content and form of application

Current through May 31, 2024
(a) Grant
				applications for cultural facilities must be made on forms prescribed by the
				commissioner.
(b) The following
				documents must accompany the application:
(1)
				a preliminary feasibility analysis, which includes
(A) an analysis of the existing and projected
				activities of local professional, educational, amateur performing groups,
				historical societies, and visitor organization;
(B) a description of the facilities currently
				in use and a projection of the requirements for future facilities;
				and
(C) a statement identifying the
				audiences and visitors to be served;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.050 - Review procedures

Current through May 31, 2024
(a) When the department and the advisory
				council determine that the grant application is ready for final review, the
				application will be forwarded to
(1) the
				state assessor for verification of the fair market value of any real
				property;
(2) the Department of
				Transportation and Public Facilities for review in accordance with provisions
				of AS
				35.10.190.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.060 - Criteria for ranking projects

Current through May 31, 2024
If funds appropriated or provided by bond issue for grants
				  under this chapter are inadequate to satisfy amounts required by approved grant
				  applications, the advisory council will evaluate and recommend projects for
				  funding based upon the following criteria:
(1) community planning and support, which
				include
(A) the methods used for community
				planning input;
(B) the percentage
				of user groups contributing to the planning process;
(C) the municipality's governing body's
				assessment of the facility; and
(D)
				the length of planning time and readiness to start construction;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.100 - Monitoring of grant

Current through May 31, 2024
(a) The grant will be monitored by the
				department. At any time during business hours, all records will be available to
				the department and its representatives. The department reserves the right to
				audit, examine, and make excerpts from transcripts from any record relating to
				matters covered by the letter of agreement.
(b) Upon failure to comply with the letter of
				agreement, the department will notify the applicant by certified mail of the
				specific noncompliance. Corrective actions must be taken by the applicant
				within 10 days of date of receipt of the written notice. The department may
				withhold payment of grant funds until the grantee complies with the letter of
				agreement.
Authority:
AS
					 43.18.500
AS 44.33.410
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.110 - Technical assistance

Current through May 31, 2024
The advisory council and the department will assist an
				  eligible applicant in assessing the need for a cultural facility, and will
				  review proposals and plans for construction or development of a cultural
				  facility, for which financial assistance is requested.
Authority:
AS
					 43.18.500
AS 44.33.410
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.120 - Completion of grant

Current through May 31, 2024
The grant is complete when
(1) the structure is finished and the letter
				of agreement is fully complied with;
(2) a final account of expenditures is filed
				with the department; and
(3) the
				applicant returns any unused funds to the department.
Authority:
AS
					 43.18.500
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 91 - Cultural Facilities Grant Program › 3 AAC 91.150 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this
				  chapter
(1) "advisory council" means
				the Advisory Council on Cultural Facilities established by AS
				44.33.400;
(2) "commissioner" means
				the commissioner of commerce, community, and economic development;
(3) "department" means the Department of
				Commerce, Community, and Economic Development.
As of Register 171 (October 2004), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6) to reflect
					 the name change of the Department of Community and Economic Development to the
					 Department of Commerce, Community, and Economic Development made by ch. 47, SLA
					 2004 and the corresponding title change of the commissioner of community and
					 economic development.
Authority:
AS
					 43.18.500
AS 44.33.410
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.010 - Alaska product preference list

Current through May 31, 2024
(a) The department
				will publish a semiannual "Alaska product preference list" required by
				AS
				36.30.332 on the first working day of April
				and on the first working day of October. The department will also publish
				monthly updates to the list. Copies of the current list, with updates, are
				available from any office of the department.
(b) Only products included in the most
				recently published updated list may be given a preference under
				AS
				36.30.328 and
				36.30.332.
(c) A product will be included in the updated
				list within 90 days after the product is certified by the department under
				3 AAC 92.020 as eligible for a Class I, Class II, or
				Class III preference.
(d) If the
				department inspects premises of a firm whose product has been included in the
				list under (c) of this section and determines that the product no longer
				qualifies for its certified product preference, the department will make the
				appropriate change when it publishes the next semiannual list.
(e) Forty-five (45) days before the
				publication day for a semiannual list under (a) of this section, a preliminary
				list will be published and distributed to those whose products are included and
				to other interested parties who have provided their addresses to the
				department. Objections to any aspect of a preliminary list must be made in
				writing to the commissioner no later than 30 days before the publication date
				for the semiannual list. The commissioner will make a written ruling on an
				objection no later than 15 days before the publication of the semiannual list.
				The semiannual list may be appealed to the superior court under
				AS
				22.10.020.
Authority:
AS
					 36.30.332(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.020 - Certification of eligibility for product preference

Current through May 31, 2024
(a) A person or
				firm wishing to receive an Alaska product preference and be included on the
				list must
(1) apply for certification on a
				form provided by the department; and
(2) have its production or manufacturing
				facility inspected by, or receive a waiver of inspection from, the department
				under 3 AAC 92.040.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.030 - Product classification

Current through May 31, 2024
(a) The commissioner will only classify a
				product that is verified by the applicant, under the penalties for unsworn
				falsification, on the form required by
				3 AAC 92.020(a) (1), to be an "Alaska
				product" as defined in
				AS
				36.30.338(1).
(b) The commissioner will classify an Alaska
				product as a Class III product if
(1) it is
				produced or manufactured, as defined in
				AS
				36.30.338(2), in
				Alaska;
(2) responsibility for the
				final outcome of the production or manufacturing process is controlled by an
				Alaskan producer or manufacturer; and
(3) either
(A) no manufacturing step is performed
				outside Alaska; or
(B) a
				manufacturing step or section, the absence of which would not alter the
				distinctiveness of the character of the product, is sub-contracted out of
				state.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.040 - Inspection of manufacturing facilities

Current through May 31, 2024
(a) A person or
				firm must be inspected by, or receive a waiver of inspection from, the
				department before their product can receive a certification of eligibility for
				the Alaska product preference list described in
				3 AAC 92.010. The department will grant a waiver of
				inspection if, in its discretion, it determines that an inspection would not be
				necessary or feasible.
(b) When a
				manufacturing facility is being inspected, the manufacturer must provide access
				as required by
				2 AAC 12.510.
(c) A product that has been certified as
				eligible for an Alaska product preference must be manufactured at the location
				that was inspected by the department as the production or manufacturing site
				for that product.
(d) If the
				facility at which a product certified as eligible for an Alaska product
				preference is produced or manufactured is relocated after certification, the
				producer or manufacturer must request an inspection of the relocated facility
				at least 15 days before either
(1) the
				publication of the invitation to bid or request for proposals for which the
				producer or manufacturer is seeking a product preference; or
(2) the production or manufacture of the
				product if a contract has already been let at the time of the
				relocation.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.050 - Records provided by the contractor

Current through May 31, 2024
(a) A firm or
				person that received an Alaska product preference in a bid or offer shall keep
				records documenting the use of the Alaska product. These records must be
				provided to the procurement officer of the department awarding the contract
(1) on the written request of the procurement
				officer;
(2) on the anniversary
				date of the contract award if the contract performance has not been completed;
				and
(3) on final completion of
				contract performance.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.060 - Disputes regarding classification

Current through May 31, 2024
(a) If a dispute
				arises about the classification under
				3 AAC 92.030 of a type of product, the classification
				determination made by the department shall be the classification in effect
				until the department adopts more detailed regulations for classification for
				that particular product type. Any interested person or firm may petition the
				commissioner under
				AS
				44.62.220 to adopt such
				regulations.
(b) A dispute
				regarding classification of, or certification of, an Alaska product or
				regarding any other aspect of the Alaska product preference list must be
				resolved under
				3 AAC 92.010(e) and is not grounds for
				a protest to a procurement officer under
				AS
				36.30.560-36.30.699 of a contract award,
				proposed award, or solicitation by an agency.
Authority:
AS
					 36.30.332(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.070 - Classification determination for printing and duplication

Current through May 31, 2024
(a) If a section of
				a larger publication or document is printed outside Alaska but all other steps
				are performed in Alaska, the product will be classified as a Class II Alaska
				product.
(b) If printing of a
				publication or document is performed in Alaska but a finish step including
				binding, finishing, and trimming is performed outside Alaska, the product will
				be classified as a Class II Alaska product.
(c) If printing of a publication or document
				is performed in Alaska but steps executed by a color trade house including
				preparation and proofing of plate ready film occur outside Alaska, the product
				will be classified as a Class II Alaska product.
Authority:
AS
					 36.30.332(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.080 - Forest products

Current through May 31, 2024
(a) A manufacturer or supplier of timber,
				lumber, and manufactured lumber products originating from Alaska forests shall
				file with the commissioner by March 1 of each year an annual statement of
				willingness to manufacture or supply Alaska forest products to state agencies
				or for state projects. The commissioner will include those who file such a
				statement in a separate section of the April Alaska product preference list.
				Procurement officers of state agencies may use that section of the list to give
				the notice of forest products needs required by
				AS
				36.30.322(a).
(b) Procurement preference for timber and
				lumber harvested in Alaska, and for products manufactured in Alaska from timber
				and lumber that has been harvested in Alaska, is governed by
				AS
				36.15.050, not by this chapter or by
				AS
				36.30.326-36.30.332.
Authority:
AS
					 36.15.050
AS 36.30.322
AS
					 36.30.332(a)
AS
					 36.30.336
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.090 - Eligibility for preference on a bid

Current through May 31, 2024
(a) The Alaska
				product preference list, with updates, that was published at least 30 days
				before an invitation to bid or request for proposal for commodities and
				services, and at least 90 days before an invitation to bid for construction, is
				issued will be the basis for establishing the percentage of Alaska product
				preference for the products to be included in responses to the invitation or
				request.
(b) The Alaska products
				preference percentages set out in
				AS
				36.30.332 will be applied to the declared
				value of the Alaska product or products designated for use by the contractor in
				his or her bid or proposal and not to the contractor's total bid or
				proposal.
Authority:
AS
					 36.30.332
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 92 - Alaska Product Preference › 3 AAC 92.900 - Definitions

Current through May 31, 2024
(a) In this chapter
(1) "commissioner" means the commissioner of
				commerce, community, and economic development;
(2) "department" means the Department of
				Commerce, Community, and Economic Development;
(3) "product" does not include redi-mix
				concrete.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 93 - Alaska Railroad Labor Relations Agency › Article 1 - Certification and Elections (Deleted)

Current through May 31, 2024
As of Register 127, the regulations in Article 1 [3 AAC
					 93.010 - 3 AAC 93.175] were deleted by the regulations attorney following the
					 adoption of regulations in 8 AAC 97 by the Alaska Labor Relations Agency, in
					 accordance with the provisions of Executive Order
					 77.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 93 - Alaska Railroad Labor Relations Agency › Article 2 - Mediation (Deleted)

Current through May 31, 2024
As of Register 127, the regulation in Article 2 [3 AAC
					 93.200] was deleted by the regulations attorney following the adoption of
					 regulations in 8 AAC 97 by the Alaska Labor Relations Agency, in accordance
					 with the provisions of Executive Order
					 77.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 93 - Alaska Railroad Labor Relations Agency › Article 3 - Unfair Labor Practices (Deleted)

Current through May 31, 2024
As of Register 127, the regulations in Article 3 [3 AAC
					 93.300 - 3 AAC 93.330] were deleted by the regulations attorney following the
					 adoption of regulations in 8 AAC 97 by the Alaska Labor Relations Agency, in
					 accordance with the provisions of Executive Order
					 77.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 93 - Alaska Railroad Labor Relations Agency › Article 4 - Procedures for Hearings (Deleted)

Current through May 31, 2024
As of Register 127, the regulations in Article 4 [3 AAC
					 93.400 - 3 AAC 93.430] were deleted by the regulations attorney following the
					 adoption of regulations in 8 AAC 97 by the Alaska Labor Relations Agency, in
					 accordance with the provisions of Executive Order
					 77.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 93 - Alaska Railroad Labor Relations Agency › Article 5 - Right of Nonassociation › 3 AAC 93.500 - Exemption from association

Current through May 31, 2024
(a) An employee
				  claiming the right of nonassociation with a labor organization or employee
				  association under
				  AS
				  42.40.880 shall file the claim with the labor
				  relations agency and shall include the following information:
(1) name, address, and position control
				  number of the employee;
(2) name of
				  the collective bargaining unit concerned, and the name and address of the
				  collective bargaining representative;
(3) name and address of the church or
				  religious body of which the employee is a member, together with the name and
				  address of the official of the church or religious body who may be called upon
				  to certify the employee's membership and its duration;
(4) a statement supported by documentation,
				  setting out those tenets or teachings of the church or religious body which are
				  pertinent to the right of nonassociation based upon bona fide religious
				  convictions;
(5) a statement of the
				  length of time the employee has been a member of the church or religious
				  body;
(6) a sworn statement signed
				  by a responsible officer of the church or religious body of which the employee
				  is a member stating that the employee is a member of the religious body and
				  that the teachings or tenets of the religion prohibit the employee from paying
				  dues to a labor organization or employee association; a copy of the sworn
				  statement must be submitted to the labor organization or employee association
				  representing the bargaining unit of which the employee is a member.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 93 - Alaska Railroad Labor Relations Agency › Article 6 - General Provisions (Deleted)

Current through May 31, 2024
As of Register 127, the regulations in Article 6 [3 AAC
					 93.600 - 3 AAC 93.620] were deleted by the regulations attorney following the
					 adoption of regulations in 8 AAC 97 by the Alaska Labor Relations Agency, in
					 accordance with the provisions of Executive Order
					 77.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 11 - Miscellaneous › Chapter 94 - Alaska Energy Authority (Relocated)

Current through May 31, 2024
As of Register 161 (October 1999), the provisions of former 3
				  AAC 94, Alaska Energy Authority were relocated by the regulations attorney
				  under AS
				  44.62.125(b)(6) to 3 AAC
				  105. The relocation was done to place Alaska Energy Authority regulations in
				  one part of 3 AAC and to implement ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 12 - Alaska State Housing Authority › Chapter 96 - Acquisition of Real Property and Improvements (Deleted) › Article 1 - HUD-assisted (Deleted)

Current through May 31, 2024
As of Register 130 (July 1994), regulations in this article
					 [3 AAC 96.010 - 3 AAC 96.070], which had been adopted [effective 7/28/76,
					 Register 59,] by the former Alaska State Housing Authority (ASHA), were deleted
					 by the regulations attorney as obsolete. ASHA ceased to exist on July 1, 1992
					 (ch. 4, FSSLA 1992) and its functions were simultaneously transferred to the
					 Alaska Housing Finance Corporation (AHFC). See 15 AAC for relevant AHFC
					 regulations.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 12 - Alaska State Housing Authority › Chapter 96 - Acquisition of Real Property and Improvements (Deleted) › Article 2 - Non-HUD-assisted (Deleted)

Current through May 31, 2024
As of Register 130 (July 1994), regulations in this article
					 [3 AAC 96.080 - 3 AAC 96.210], which had been adopted [effective 7/28/76,
					 Register 59,] by the former Alaska State Housing Authority (ASHA), were deleted
					 by the regulations attorney as obsolete. ASHA ceased to exist on July 1, 1992
					 (ch. 4, FSSLA 1992) and its functions were simultaneously transferred to the
					 Alaska Housing Finance Corporation (AHFC). See 15 AAC for relevant AHFC
					 regulations.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 12 - Alaska State Housing Authority › Chapter 96 - Acquisition of Real Property and Improvements (Deleted) › Article 3 - Miscellaneous (Deleted)

Current through May 31, 2024
As of Register 130 (July 1994), regulations in this article
					 [3 AAC 96.220 - 3 AAC 96.250], which had been adopted [effective 7/28/76,
					 Register 59] by the former Alaska State Housing Authority (ASHA), were deleted
					 by the regulations attorney as obsolete. ASHA ceased to exist on July 1, 1992
					 (ch. 4, FSSLA 1992) and its functions were simultaneously transferred to the
					 Alaska Housing Finance Corporation (AHFC). See 15 AAC for relevant AHFC
					 regulations.