Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.475 - Summary determination

Current through May 31, 2024
(a) If the staff for the commission or a
				  person who may serve as a petitioner under
				  3 AAC 110.410(a) believes that a
				  petition accepted for filing under
				  3 AAC 110.440 was prepared using defective procedures,
				  that the petition lacks certain information needed to determine and fully
				  evaluate the merits of the petition, or that a reasonable probability exists
				  that the petition fails to meet the standards applicable to the petition, that
				  person may request a summary determination of the petition in accordance with
				  this section. If the person requesting a summary determination is the
				  commissioner, a department subdivision, or a department employee not assigned
				  under AS
				  44.33.020(a)(4) to the
				  commission's advisory staff, and that person is making the request in an
				  official capacity, the limitations of
				  3 AAC 110.435(b) apply.
(b) Not later than 21 days after the initial
				  publication of notice of the petition under
				  3 AAC 110.450(a) (1), the person
				  seeking a summary determination must file an original and five copies of a
				  request that the petition be rejected or be returned to the petitioner for
				  substantial correction or modification.
(c) A request for summary determination must
				  include
(1) the name of the person requesting
				  a summary determination and that person's representative;
(2) the physical address of place of
				  residence and mailing address of the representative designated under (1) of
				  this subsection and the telephone number, facsimile number, and electronic mail
				  address, if any, for that representative;
(3) if a person other than the staff of the
				  commission seeks a summary determination, documentation demonstrating that the
				  person may serve as a petitioner under
				  3 AAC 110.410(a);
(4) a description of the proposed summary
				  determination action;
(5) a
				  statement of reasons for the request for summary determination;
(6) a supporting brief that provides a
				  detailed explanation of how
(A) the petition
				  accepted for filing was prepared using defective procedures, or lacks certain
				  information needed to determine and fully evaluate the merits of the petition;
				  or
(B) a reasonable probability
				  exists that the petition fails to meet constitutional, statutory, and
				  regulatory standards that apply to the petition;
(7) legal metes and bounds descriptions,
				  maps, and plats needed to assess the proposed determination; and
(8) an affidavit by the representative
				  designated under (1) of this subsection that
(A) to the best of the representative's
				  knowledge, information, and belief, formed after reasonable inquiry, the
				  information in the request for summary determination is true and
				  accurate:
(B) the request for
				  summary determination is not submitted to harass or to cause unnecessary delay
				  or needless expense in the cost of processing the petition; and
(C) three copies of the request for summary
				  determination have been served on the petitioner by mail, postage prepaid, or
				  hand delivery, or one copy has been delivered by facsimile or electronic mail,
				  unless prohibited under (d) of this section.