reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 35 - Bees and Beneficial Insects › 11 AAC 35.030 - Inspections

Current through May 31, 2024
(a) The division will, in the director's
				discretion, examine or inspect without a search warrant as many combless
				packages, apiaries, bees, hives, colonies, appliances, and equipment as
				determined reasonably necessary to prevent the introduction, establishment, or
				spread of bee disease, if the examination or inspection is reasonable or is not
				protected from searches and seizures without warrant within the meaning of art.
				I, sec. 14 of the Alaska State Constitution, which specifically enumerates
				"persons, houses and other property, papers and effects."
(b) The division will thoroughly clean any
				inspection equipment or appliances used to inspect bees or apiaries upon
				leaving one apiary or before entering another and take any other precautions
				necessary to prevent the spread of bee disease.
Authority:
AS
					 03.47.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 35 - Bees and Beneficial Insects › 11 AAC 35.040 - Prohibited acts

Current through May 31, 2024
No person may
(1)
				interfere with an inspector engaged in the performance of duties under this
				chapter;
(2) keep bees in hives
				with immovable frames or hives constructed to impede or hinder
				inspection;
(3) knowingly have, or
				keep, a colony of bees or equipment infected by bee disease without notifying
				the division;
(4) knowingly move,
				sell, barter, or transport any contaminated or diseased bees or beekeeping
				equipment from an apiary, except to a place approved for destruction,
				disinfecting, or sterilization.
Authority:
AS
					 03.47.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 35 - Bees and Beneficial Insects › 11 AAC 35.050 - Abandoned apiaries

Current through May 31, 2024
When the director determines an apiary is abandoned, the
				  director will
(1) use every reasonable
				method to contact the owner or land owner;
(2) place a notice of impending action in a
				readily visible manner and location at the apiary; and
(3) take whatever action is determined
				necessary to protect the welfare of neighboring apiaries if, within 60 days
				after the date of notice of impending action, no response is received from the
				owner or keeper of the apiary.
Authority:
AS
					 03.47.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 35 - Bees and Beneficial Insects › 11 AAC 35.060 - Definitions

Current through May 31, 2024
As used in this chapter
(1) "apiary" means a hive or colony of bees
				at a specific location;
(2)
				"appliances" means any apparatus, tools, machines, or other devices used in
				handling and manipulating bees, honey, wax, and hives, and includes any
				containers of honey or wax which may be used in an apiary or in transporting
				bees and their products and apiary supplies;
(3) "beekeeping equipment" means equipment
				that is used to feed or manage bees, including, but not limited to, hive boxes,
				frames, pollen traps, queen excluders, inner covers, supers, tops, bottom
				boards, slatted racks, and bee combs, or other hive parts that come in contact
				with honey bees;
(4) "colony" means
				the bees that live together as one unit in a hive;
(5) "director" means the director of the
				division of agriculture or the director's authorized agent;
(6) "division" means the division of
				agriculture in the Department of Natural Resources;
(7) "hive" means any box, receptacle or
				container, natural or artificial, or part of a container, which is used as a
				domicile for bees;
(8) "person"
				means a natural person, firm, association, company, corporation, or
				cooperative.
Authority:
AS
					 03.47.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 36 - Slaughterhouse and Meat Inspection (Repealed)

Current through May 31, 2024
The regulations in this chapter, which were repealed
				  effective September 1, 1982, Register 83, have been replaced by regulations 18
				  AAC 32, effective September 1, 1982, Register 83, pursuant to Executive Order
				  51, which transferred functions from the Department of Natural Resources to the
				  Department of Environmental
				  Conservation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 37 - Fish Inspection (Repealed)

Current through May 31, 2024
The regulations in this chapter, which were repealed
				  effective September 1, 1982, Register 83, have been replaced by regulations in
				  18 AAC 34, effective September 1, 1982, Register 83, pursuant to Executive
				  Order 51, which transferred functions from the Department of Natural Resources
				  to the Department of Environmental
				  Conservation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 1 - Powers and Duties › 11 AAC 39.011 - Duties of the board

Current through May 31, 2024
(a) In exercising its duties, the board will
				  encourage and promote the development of agriculture as an industry throughout
				  the state. The duties of the board include
(1)
				  administration of the fund;
(2)
				  submission of the proposed fund budget to the commissioner;
(3) management and disposal of fund
				  assets;
(4) approval of loans,
				  installment contracts, land purchase agreements, easements, leases, permits,
				  and other contracts related to loans or assets of the fund; and
(5) referral of requests for legal action
				  related to the fund to the attorney general.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 1 - Powers and Duties › 11 AAC 39.032 - Emergency loans

Current through May 31, 2024
(a) Unless the board previously disapproved
				  the loan application, an applicant may request emergency approval under this
				  chapter of a loan for not more than $50,000. A staff report shall be prepared
				  on the loan application.
(b) An
				  emergency loan committee shall review the emergency loan application and staff
				  report. The board shall appoint persons to the emergency loan committee. The
				  emergency loan committee must include the board chair, at least one other board
				  member, and the director. If the emergency loan committee determines, by
				  majority vote of members present, an emergency exists that requires loan
				  consideration before a meeting of the entire board can be held, the emergency
				  loan committee shall act on the application. The emergency loan committee may
				  only approve, deny, or table an emergency loan application by majority vote of
				  members present.
(c) The emergency
				  loan committee may hold a meeting telephonically or by video
				  conference.
(d) Unless an
				  application requirement is mandated by AS 03.10, the emergency loan committee
				  may waive an application requirement under this chapter for good
				  cause.
(e) The emergency loan
				  committee shall provide to the board a written report on actions taken on
				  emergency loan applications for presentation at the board's next public
				  meeting. The applicant may request the board to review the decision of the
				  committee.
Before Register 164, January 2003, the substance of
						11 AAC 39.032 was contained in
						former 11 AAC 39.320. The history note of
						11 AAC 39.032 does not reflect the
						history of the material under its former
						number.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 1 - Powers and Duties › 11 AAC 39.061 - Public and confidential records

Current through May 31, 2024
(a) All records
				  relating to the fund are public information, except for those that are
				  confidential under (b) of this section.
(b) "Confidential record" includes
(1) loan and installment contract
				  applications and supporting documentation;
(2) credit reports from consumer reporting
				  agencies and other credit information obtained from creditors;
(3) employment and deposit account
				  verifications;
(4) loan and
				  installment contract status information, including payment history of
				  borrowers; correspondence concerning status of loans and contracts; payments
				  received; delinquent notices; and payments less than 90 days in arrears;
				  however, after 90 days have elapsed without payment, the name of a delinquent
				  person ceases to be confidential;
(5) loan resumes;
(6) executive session loan board
				  reports;
(7) financial and
				  management analysis of loan and installment contract applications;
(8) appraisals submitted by an
				  applicant;
(9) construction
				  contracts and construction and material bids and quotes submitted by an
				  applicant;
(10) purchaser and
				  supplier contracts, invoices, bills, and receipts for loan disbursements
				  submitted by an applicant;
(11)
				  market surveys and analyses, and marketing strategy information until released
				  to the public; and
(12) any
				  information required to be kept confidential by state or federal statute or
				  federal regulation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 1 - Powers and Duties › 11 AAC 39.071 - Interest rates on loans

Current through May 31, 2024
(a) At least
				  annually, the board will review and establish interest rates for new loans that
				  are comparable to the rates charged by other agricultural lending institutions
				  in the state for similar types of loans.
(b) The interest rate that will be charged on
				  a new loan is the rate that is in effect on the date that the new loan is
				  approved by the board or the emergency loan committee.
(c) The interest rate on a loan will not be
				  adjusted if the loan is modified or assumed, except for the interest rate on an
				  assumed restructured loan as provided under
				  11 AAC 39.610.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 1 - Powers and Duties › 11 AAC 39.100 - Definitions (Repealed)

Current through May 31, 2024
Effective 12/1/84, definitions for 11 AAC 39 are located
						in 11 AAC 39.911.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.101 - Applications for loans

Current through May 31, 2024
(a) Each applicant for a new loan must submit
				  an application on a form approved by the board and include with the application
(1) a nonrefundable fee of $50;
(2) federal and state income tax returns for
				  the three years preceding the date of the application;
(3) financial statements, including assets
				  and liabilities, that support the application;
(4) the amount of loan requested, a
				  description detailing the proposed use of the proceeds of the loan, and the
				  plan of repayment of the loan;
(5)
				  a list of collateral intended to secure the loan, with the following for each
				  listed:
(A) date of acquisition;
(B) cost;
(C) location;
(D) market value on the date of the
				  application;
(E) amount of existing
				  liens; and
(F) if a moving vehicle,
(i) the vehicle's make, model, and year;
				  and
(ii) the vehicle's engine hours
				  or odometer reading;
(6) an annual income and expense statement of
				  the applicant for the year of the application;
(7) a five-year agricultural plan including
				  projected borrowing needs;
(8) a
				  statement of the applicant whether the applicant is or was in the past the
				  subject of a bankruptcy action and, if so, the date of the bankruptcy action;
				  and
(9) a resume of agricultural
				  experience, business history, and education of the applicant and relevant
				  managerial personnel.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.111 - Nonqualifying loan purposes

Current through May 31, 2024
Loans will not be made for the following purposes:
(1) boats;
(2) airplanes;
(3) automobiles and trucks, except
				  specialized vehicles not readily convertible to personal or non-agricultural
				  use;
(4) silviculture projects,
				  except for horticultural purposes;
(5) boarding stables and arenas;
(6) riding academies and schools;
(7) establishments that only resell rather
				  than produce, process, or add value to agricultural products;
(8) residential improvements.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.131 - Short-term loans

Current through May 31, 2024
(a) The amount of a short-term loan may not
				  exceed 75 percent of the value of collateral accepted to secure the loan, minus
				  the value of any lien on the collateral.
(b) The amount of a short-term loan may not
				  exceed 100 percent of the actual agricultural operating costs.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.141 - Farm development loans

Current through May 31, 2024
(a) The amount of a farm development loan may
				  not exceed 75 percent of the value of collateral accepted to secure the loan,
				  minus the value of any lien on the collateral.
(b) The amount of a farm development loan may
				  not exceed 100 percent of the actual agricultural development costs.
(c) A farm development loan may only be used
				  for an agricultural purpose, including to purchase real property and permanent
				  non-residential improvements, to construct permanent nonresidential
				  improvements, and to develop a site.
(d) If real property is used as collateral
				  for a farm development loan used to purchase real property, an applicant must
				  submit either a tax assessment of the real property prepared by a governmental
				  body for the year in which the application is submitted, or an appraisal of the
				  real property used as collateral for the loan. An appraisal required under this
				  subsection may not be more than two years old as of the date of the
				  application. The board will only accept an appraisal performed by an appraiser
				  approved by the department.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.151 - Irrigation loans

Current through May 31, 2024
(a) The amount of an irrigation loan may not
				  exceed 75 percent of the value of the collateral accepted to secure the loan,
				  minus the value of any lien on the collateral.
(b) The amount of an irrigation loan may not
				  exceed 100 percent of the actual agricultural irrigation costs.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.161 - Chattel loans

Current through May 31, 2024
(a) The amount of a chattel loan may not
				  exceed 75 percent of the value of the collateral accepted to secure the loan,
				  minus the value of any lien on the collateral.
(b) The amount of a chattel loan may not
				  exceed 100 percent of the actual agricultural chattel costs.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.171 - Product processing loans

Current through May 31, 2024
(a) The amount of a
				  product processing loan may not exceed 75 percent of the value of collateral
				  accepted to secure the loan, minus the value of any lien on the
				  collateral.
(b) The amount of the
				  loan may not exceed 100 percent of the actual agricultural product processing
				  costs.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.181 - Land clearing loans

Current through May 31, 2024
(a) The amount of a land clearing loan may
				  not exceed 75 percent of the value of collateral accepted to secure the loan,
				  minus the value of any lien on the collateral.
(b) The amount of the loan may not exceed 100
				  percent of the actual agricultural land clearing costs.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.191 - Overall maximum loan limit

Current through May 31, 2024
In addition to the specific loan limits in
					 11 AAC 39.131 -
					 11 AAC 39.181, no loan will be
					 made for any purpose if, when the amount of the loan is added to the
					 outstanding balance of other loans made to the applicant under this chapter,
					 the total would exceed $1,000,000.
Authority:
AS
						03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.201 - Application of loan limits

Current through May 31, 2024
The total outstanding loan balances under AS 03.10 and this
					 chapter to a borrower may not exceed $1,000,000. The limitation under this
					 section does not apply to financing for the purchase of an asset of the
					 fund.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.231 - Other conditions of loans

Current through May 31, 2024
(a) The board may
				  require a borrower to provide life insurance up to the maximum amount due under
				  all fund agreements that are payable to the fund.
(b) The board will require a borrower to
				  provide property insurance on all buildings used as collateral and all other
				  collateral stored in buildings, unless otherwise waived by the board for
				  reasonable cause. The property insurance must be for the amount of the
				  replacement of the collateral, and the fund must be named the loss
				  payee.
(c) In addition to the
				  requirements of (a) and (b) of this section, the board may require other types
				  of insurance needed to protect and secure a loan.
(d) The borrower shall provide title
				  insurance insuring the fund in the amount of the loan secured by real
				  property.
(e) The board may require
				  a personal guarantee to the fund to adequately secure the loan.
(f) The borrower shall pay all costs for
				  processing and closing a loan under AS 03.10 or this chapter.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 2 - Loan Requirements › 11 AAC 39.241 - Terms of loans

Current through May 31, 2024
Terms of all loans will be fixed in relation to the needs
					 of the applicant, collateral and guarantees offered, financial information, and
					 repayment ability. A loan term may not exceed the limits stated in
					 AS
					 03.10.030.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 4 - Loan Administration › 11 AAC 39.411 - Loan closing procedures

Current through May 31, 2024
(a) At the closing
				  of a loan or modification, the applicant shall
(1) meet all conditions imposed by the board
				  to be met by closing of the loan or modification;
(2) provide all information requested by the
				  department; and
(3) execute
				  promissory notes, real estate mortgages, deeds of trust, chattel mortgages,
				  security agreements, financing statements, assignments, affidavits, insurance
				  pay orders, and other instruments that the board may require relating to the
				  loan or modification.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 4 - Loan Administration › 11 AAC 39.421 - Disbursement of loan money

Current through May 31, 2024
(a) Loan money will
				  not be disbursed to a borrower until
(1) the
				  director is satisfied that the borrower has complied with all conditions
				  imposed by the board for loan money to be disbursed;
(2) the director is satisfied that the
				  borrower has provided all information requested by the board or
				  staff;
(3) all instruments have
				  been executed and the borrower has complied with all provisions in those
				  instruments required for closing; and
(4) the loan has been closed.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 4 - Loan Administration › 11 AAC 39.441 - Supervision of loans

Current through May 31, 2024
As long as there is an outstanding loan balance, the
					 borrower shall
(1) submit to the
				  department, on request, any additional information and records reasonably
				  necessary to support or clarify the ability of the borrower to make loan
				  payments and protect the collateral, including
(A) tax returns;
(B) projected income and expense
				  statements;
(C) property
				  appraisals;
(D) title
				  reports;
(E) surveys;
(F) marketing studies;
(G) financial statements prepared by a
				  certified public accountant; and
(H) copies of orders and decisions of the
				  court
(i) affecting the collateral;
				  or
(ii) concerning bankruptcy of
				  the borrower.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 4 - Loan Administration › 11 AAC 39.451 - Bankruptcy proceedings

Current through May 31, 2024
If a borrower files for voluntary bankruptcy or becomes the
					 subject of an involuntary bankruptcy action, the borrower shall, within 48
					 hours, notify the board in writing by certified mail.
Authority:
AS
						03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 4 - Loan Administration › 11 AAC 39.461 - Default

Current through May 31, 2024
If a borrower is delinquent on a loan, or is otherwise in
					 default by reason of a failure to comply with the terms of the loan, the
					 department will give written notice of the default to the borrower within 30
					 days after the delinquency or other matter giving rise to the delinquency. If,
					 within 30 days after the written notice, the default is not cured, or
					 arrangements are not made with the department for curing the default, the
					 department will, after discussion with the board, exercise its rights and
					 remedies under the loan documents, except that a loan foreclosure must be
					 authorized by the board.
Authority:
AS
						03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 4 - Loan Administration › 11 AAC 39.500 - Agricultural disaster

Current through May 31, 2024
(a) The board may determine that a borrower
				  has experienced an agricultural disaster or declare that an agricultural
				  disaster has adversely affected an area or agricultural industry in the
				  state.
(b) When the board
				  determines that a borrower has experienced an agricultural disaster, or
				  declares that an agricultural disaster has affected an area or agricultural
				  industry in the state, the board will issue a written decision that
(1) describes the circumstances giving rise
				  to and the nature of the agricultural disaster;
(2) identifies the area, if any, in the state
				  affected by the agricultural disaster;
(3) identifies the agricultural industry, if
				  any, affected by the agricultural disaster;
(4) describes any pertinent loss of or damage
				  to property or agricultural production;
(5) describes the adverse financial effect of
				  the agricultural disaster on the borrower, the area, or the industry;
(6) identifies the type of loan eligible due
				  to the disaster for restructure or payment moratorium under this chapter;
				  and
(7) specifies the date by which
				  an application for restructuring under
				  As
				  03.10.033 or payment moratorium under
				  11 AAC 39.501 must be received by
				  the board.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 4 - Loan Administration › 11 AAC 39.501 - Payment moratorium

Current through May 31, 2024
(a) The board may declare a moratorium on
				  loan payments due from a borrower who is actively engaged in agriculture and
				  has experienced an agricultural disaster under this chapter or a farm disaster
				  under AS
				  03.10.058. The board will issue written
				  findings and conclusions that support the declaration of the payment
				  moratorium.
(b) The board may
				  extend the term of the loan issued under AS 03.10 for the period of time that
				  the payment moratorium is in effect, but not beyond the term limits prescribed
				  under AS 03.10.
(c) The board may
				  not declare a payment moratorium under this section that exceeds one year for a
				  specific agricultural disaster or farm disaster.
(d) A payment moratorium granted under this
				  section automatically terminates if a loan is restructured under
				  AS
				  03.10.033.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 4 - Loan Administration › 11 AAC 39.511 - Interest credit for borrowers who maintain good financial standing

Current through May 31, 2024
(a)
				  At least annually the board will establish an interest credit rate to encourage
				  the prompt payment of loans under
				  AS
				  03.10.050. Unless precluded by
				  AS
				  03.10.050(f), the board may
				  approve interest credit on a loan granted under this chapter.
(b) Each calendar year, the board will
				  approve existing borrowers for interest credit who are in good financial
				  standing and eligible under
				  AS
				  03.10.050 for interest credits. The board may
				  approve a new borrower for interest credits when the board approves the
				  loan.
(c) A borrower who no longer
				  is in good financial standing or becomes ineligible for interest credit under
				  AS
				  03.10.050 will not be granted any further
				  interest credits for the remainder of the calendar year.
(d) A credit will be applied each time a full
				  loan payment is received if received within 30 days after the payment is due. A
				  credit will only apply to the amount of interest due on a loan and will not
				  reduce the amount of a payment.
(e)
				  A credit will not be transferred between loans or calendar years, or refunded
				  to a borrower except for an overpayment of the total outstanding balance of the
				  loan.
(f) A borrower who assumes a
				  loan under
				  AS
				  03.10.050 may be granted a credit under this
				  section if the borrower who assumes the loan is otherwise qualified.
Authority:
AS
						03.09.040
AS
						03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 5 - Restructuring Delinquent Loans › 11 AAC 39.600 - Restructuring loans

Current through May 31, 2024
(a) The board may restructure a loan made by
				  the former Agricultural Revolving Loan Fund Board, the former Alaska
				  Agricultural Action Council, or the commissioner before January 1, 1987, if the
				  borrower is actively engaged in agriculture, shows good cause why the borrower
				  did not apply for restructuring before December 1, 1988, and meets the criteria
				  for restructuring under
				  AS
				  03.10.033 and
				  11 AAC 39.660(b).
(b) The board may restructure a loan made by
				  the board, the commissioner under former
				  AS
				  03.10.050, the former Agricultural Revolving
				  Loan Fund Board, or the former Alaska Agricultural Action Council after January
				  1, 1987, if the borrower meets the criteria for restructuring under
				  AS
				  03.10.033 and
				  11 AAC 39.660(b),
				  and is actively engaged in agriculture and
(1)
				  the borrower's agricultural operation is located in an area declared a farm
				  disaster area under
				  AS
				  03.10.058; or
(2) has experienced an agricultural
				  disaster.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 5 - Restructuring Delinquent Loans › 11 AAC 39.610 - Interest rate

Current through May 31, 2024
(a) Interest accrues on a restructured loan
				  from the date of restructuring at a rate no less than five percent per annum.
				  The board may restructure a loan without reducing the interest rate if the
				  board, based on financial information, determines that the borrower can repay
				  the loan without a reduction in the interest rate.
(b) When the board approves assumption of a
				  restructured loan under
				  11 AAC 39.600, the board will
				  apply an interest rate to the assumed loan that is comparable to the interest
				  rate charged on a similar new loan made by the board that is in effect on the
				  date that the assumption is approved.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.033
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 5 - Restructuring Delinquent Loans › 11 AAC 39.620 - Term of loan

Current through May 31, 2024
The board may approve a term of no more than 30 years on a
					 restructured loan based on the financial information and collateral offered by
					 the borrower and the borrower's ability to repay within the
					 term.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.033
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 5 - Restructuring Delinquent Loans › 11 AAC 39.630 - Straight amortization

Current through May 31, 2024
The board will use straight amortization on a restructured
					 loan, unless the board determines on its own motion or based upon a request of
					 the borrower that there is good cause for use of another amortization method.
					 If the borrower wishes to request the use of another method, a borrower shall
					 apply to the board to request that another method be used and provide reasons
					 for the need to use another method.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.033
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 5 - Restructuring Delinquent Loans › 11 AAC 39.640 - Application for restructuring

Current through May 31, 2024
(a) An applicant
				  for restructuring must submit an application on a form approved by the board.
				  The applicant shall include on the application the following from each person
				  who is included on the application to be liable on the restructured loan:
(1) income tax returns for three consecutive
				  years preceding the date of the application;
(2) a financial statement detailing all farm
				  and non-farm income, expenses, assets, and liabilities as of the date of the
				  application;
(3) projected farm and
				  non-farm income and expenses for the year after the date of
				  application;
(4) a statement of
				  anticipated events that may significantly affect farm or non-farm income,
				  expenses, assets, or liabilities in the future.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 5 - Restructuring Delinquent Loans › 11 AAC 39.650 - Incomplete application

Current through May 31, 2024
If an application is incomplete, and submission is not
					 waived, the board will send the applicant a letter requesting the information
					 not submitted. If the applicant does not submit the requested information
					 within 30 days after the date of the request letter, and extraordinary
					 circumstances justifying failure to submit the requested information are not
					 present, the application will be denied.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.033
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 5 - Restructuring Delinquent Loans › 11 AAC 39.660 - Board consideration

Current through May 31, 2024
(a) Complete applications will be considered
				  by the board.
(b) The board may
				  approve an application if
(1) the borrower
				  cannot repay the loan according to its existing terms from agricultural and
				  non-agricultural income and liquidation of assets;
(2) the board determines, based on the
				  financial information, that the borrower can repay the loan if restructured;
				  and
(3) restructuring the loan is
				  expected to increase the return to the state.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 5 - Restructuring Delinquent Loans › 11 AAC 39.680 - Cessation of agricultural activity

Current through May 31, 2024
If, after an application for restructuring is approved, the
					 borrower substantially ceases agricultural activity, the board may increase the
					 interest rate on the outstanding balance of the restructured loan to the
					 commercial interest rate for non-agricultural loans. The board shall establish
					 the commercial interest rate required by this section after consideration
					 of
(1) representative sample of
				  interest rates charged for similar loans by financial institutions in this
				  state;
(2) the type of loan being
				  restructured; and
(3) the length of
				  time for repayment for the restructured loan.
Authority:
AS
						03.09.040
AS 03.10.020
AS 03.10.030
AS
						03.10.033
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.700 - Property subject to disposal

Current through May 31, 2024
(a) Property
				  subject to disposal under
				  11 AAC 39.700 -
				  11 AAC 39.770 includes real and
				  personal property acquired by the fund through voluntary relinquishment,
				  repossession, foreclosure, or other action arising out of agricultural loans or
				  the sale of agricultural land under AS 03.10.
(b) In addition to the public notice required
				  under 11 AAC 39.730, before disposal of
				  the property under this section, the board will hold a public hearing before
				  any fund asset is disposed of if disposal of the asset could have a significant
				  effect on the agricultural industry. The board must address comments received
				  in response to the public notice and hearing under this subsection in a
				  decisional document before disposal of the facility.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.705 - Revocable use permit

Current through May 31, 2024
(a) The board may, after providing public
				  notice on the Alaska Online Public Notice System and posting notice at the
				  division office, approve a revocable use permit that does not exceed one year
				  that allows a person
(1) awarded the rights to
				  purchase real property early entry onto that property before closing on the
				  transaction to purchase;
(2) to
				  store agricultural products, equipment, supplies, or keep livestock on, or in
				  property of the fund; or
(3) to use
				  property of the fund, if the board determines in writing that it is in the best
				  interest of the state.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.710 - Minimum price

Current through May 31, 2024
(a) The board shall establish a minimum price
				  for real property of the fund before disposal. Factors that must be considered
				  in establishing a minimum price include
(1)
				  the assessed, appraised, or market value;
(2) the length of time that the fund has
				  owned the property;
(3) the length
				  of time that the property has been on the market; and
(4) the management costs of the property to
				  the state.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.720 - Method of disposal

Current through May 31, 2024
(a) Except for a revocable use permit
				  approved under
				  11 AAC 39.705(a),
				  disposal of real property must be noticed to the public under
				  11 AAC 39.730.
(b) Following public notice under
				  11 AAC 39.730, real property must
				  be disposed of using one or more of the following methods:
(1) competitive sealed bid;
(2) public auction;
(3) competitive proposals;
(4) competitive lease;
(5) competitive lease with option to
				  purchase;
(6) other manner
				  determined in writing by the board to be in the best interest of the
				  state.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.730 - Public notice

Current through May 31, 2024
(a) Notice to the public of a disposal, if
				  required under
				  11 AAC 39.720, shall be posted at
				  the division offices, published in a newspaper or other periodical of general
				  circulation in the area where the property is located, and posted on the Alaska
				  Online Public Notice System. In addition, the division may provide notice of
				  the disposal by other electronic media.
(b) The notice must include
(1) the general description and location of
				  the property;
(2) the minimum
				  acceptable price;
(3) the method
				  and material terms of the disposal;
(4) a statement that the property is sold or
				  leased "AS IS, WHERE IS, with no implied or expressed warranty of condition
				  whatsoever";
(5) whether financing
				  from the fund is available;
(6) the
				  deadline and address for submission of comments, bids, or offers; and
(7) the place, date, and time of
				  auction.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.740 - Financing of fund property

Current through May 31, 2024
(a) The maximum
				  term of an installment contract may not exceed 30 years, the minimum interest
				  rate may not be less than the effective rate provided under AS 03.l0.030(a)(4),
				  and the minimum down payment may not be less than five percent of the purchase
				  price.
(b) Each applicant must
				  submit an application on a form approved by the board and include with the
				  application
(1) a nonrefundable application
				  fee of $50;
(2) federal and state
				  income tax returns for the three years preceding the date of the
				  application;
(3) financial
				  statements, including assets and liabilities, that support the
				  application;
(4) the amount of the
				  installment contract requested and the plan of scheduled payments;
(5) a statement of the applicant whether the
				  applicant is or was in the past the subject of a bankruptcy action and, if so,
				  the date of the bankruptcy action; and
(6) a resume of experience, business history,
				  and education of the applicant and relevant managerial personnel.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.760 - Notification of acceptance or rejection of sealed bid or offer

Current through May 31, 2024
A person who submits a sealed bid or offer for property
					 being disposed of under
					 11 AAC 39.720(a)
					 shall be notified of acceptance or rejection of the bid or offer within 15 days
					 after its acceptance or rejection.
Authority:
AS
						03.10.020
AS
						03.10.050(g)
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.770 - Cropland

Current through May 31, 2024
(a) Except for a revocable use permit
				  approved under
				  11 AAC 39.705(a) (1), if a disposal of property being offered
				  under 11 AAC 39.700 -
				  11 AAC 39.770 is cropland
(1) the parcel will be restricted to
				  agricultural use and made subject to the conditions, limitations, and covenants
				  established for state land in
				  AS
				  38.05.321(a) and (d) -
				  (j);
(2) the parcel will be disposed of subject to
				  11 AAC 67.177 -
				  11 AAC 67.180;
(3) the parcel will be disposed of only to an
				  individual who is a resident of the state under
				  AS
				  01.10.055 at the time
(A) the lease, permit, or agreement is
				  executed; and
(B) if the parcel is
				  to be purchased, title is conveyed; and
(4) the parcel will be disposed of to a
				  corporation, partnership, or other association only if the majority ownership
				  is held by persons who are residents of the state under
				  AS
				  01.10.055 at the time
(A) the lease, permit, or agreement is
				  executed; and
(B) if the parcel is
				  to be purchased, title is conveyed.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.780 - Preference right

Current through May 31, 2024
The board may not grant a person a preference right to
					 purchase, lease, or otherwise use an asset of the fund that was disposed of
					 under AS 03.10 and this chapter.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 6 - Disposal of Property › 11 AAC 39.790 - Definitions (Repealed)

Current through May 31, 2024
With Register 164, January 2003, definitions for 11 AAC
						39 are located at
						11 AAC 39.990.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 7 - Appeals, Requests for Reconsiderations, and Hearings › 11 AAC 39.800 - Appeals and requests for reconsideration

Current through May 31, 2024
(a) This chapter
				  sets out the administrative review procedures available to a person adversely
				  affected by a decision of the director or the board related to the fund or an
				  asset of the fund.
(b) A person
				  adversely affected by a decision made by the director may appeal to the board
				  under 11 AAC 39.810.
(c) On its own motion, the board may
				  reconsider a prior board decision within 30 days after the decision was issued
				  or at the next public meeting, whichever is later.
(d) A person adversely affected by a decision
				  made by the board, that is a final administrative decision, may either
(1) seek reconsideration under
				  11 AAC 39.820; or
(2) appeal to superior court under the Alaska
				  Rules of Appellate Procedure.
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 7 - Appeals, Requests for Reconsiderations, and Hearings › 11 AAC 39.810 - Appeal of a director's decision

Current through May 31, 2024
(a) A person
				  adversely affected by a decision made by the director may appeal the decision
				  to the board. A person may request expedited consideration of an appeal if the
				  person files an affidavit that justifies expedited consideration and indicates
				  the date by which a decision is needed.
(b) The board must receive the appeal within
				  30 calendar days after the date that the director's written decision was
				  issued. The appeal must meet the requirements of
				  11 AAC 39.830.
(c) The board must decide the appeal or set a
				  date for oral hearing within 30 days after the date that the appeal was timely
				  received as determined under
				  11 AAC 39.840, or at the next
				  public meeting, whichever is later. If the board fails to take action under
				  this subsection, the appeal is automatically denied.
(d) The board may affirm the decision, issue
				  a new or modified decision, or remand the matter to the director for further
				  proceedings. The board's decision, other than a remand decision, is a final
				  administrative decision for purposes of appeal to superior court.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 4 - Agriculture › Chapter 39 - Agricultural Revolving Loan Fund › Article 7 - Appeals, Requests for Reconsiderations, and Hearings › 11 AAC 39.820 - Request for reconsideration of a board's decision

Current through May 31, 2024
(a) A person
				  adversely affected by a decision made by the board may request the board to
				  reconsider the decision if the person has new or additional information
				  relevant to the decision. A person may request expedited consideration of its
				  request for reconsideration if the person files an affidavit that justifies
				  expedited consideration and indicates the date by which a decision is
				  needed.
(b) The board must receive
				  the request for reconsideration within 30 calendar days after the date that the
				  board's written decision was issued. The request must meet the requirements of
				  11 AAC 39.830.
(c) The board may order or deny
				  reconsideration within 30 calendar days after the request for reconsideration
				  was timely received as determined under
				  11 AAC 39.840, or at the next
				  public meeting, whichever is later. If the board does not take any action on a
				  request for reconsideration, the request is denied. Denial of a request for
				  reconsideration is a final administrative decision of the board for purposes of
				  appeal to superior court.
(d) On
				  reconsideration of the decision, the board will affirm the decision, issue a
				  new or modified decision, or remand the matter to the director for further
				  proceedings. The board's decision, other than a remand decision, is a final
				  administrative decision for purposes of appeal to superior court.
Authority:
AS
						03.09.040
AS 03.10.020
AS
						03.10.050