reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 6 - Governor's Office › Part 4 - Compliance with the Americans with Disabilities Act › Chapter 65 - Compliance with the Americans with Disabilities Act › Article 1 - Policy on Nondiscriminatory Treatment › 6 AAC 65.010 - Policy on nondiscriminatory treatment of qualified individuals with disabilities

Current through May 31, 2024
(a) In compliance with the
				  42 U.S.C.
				  12101 -
				  12213 (Americans with Disabilities
				  Act (ADA) of 1990), it is the policy of the state that
(1) a qualified individual with a disability
				  may not be excluded from participation in or denied the benefits of the
				  services, programs, or activities of a state agency, or be subject to
				  discrimination by a state agency, because of that disability;
(2) an agency may not discriminate against a
				  qualified individual with a disability because of that individual's disability
				  with regard to job application procedures; the hiring, advancement, or
				  discharge of employees; employee compensation; job training; or any other term,
				  condition, or privilege of employment;
(3) an agency shall operate each of its
				  services, programs, and activities so that each service, program, or activity,
				  when viewed in its entirety, is readily accessible to and usable by qualified
				  individuals with disabilities.
Alaska Administrative Code › Title 6 - Governor's Office › Part 4 - Compliance with the Americans with Disabilities Act › Chapter 65 - Compliance with the Americans with Disabilities Act › Article 2 - Complaint Procedure › 6 AAC 65.020 - Applicability and purpose of complaint procedure

Current through May 31, 2024
(a)6 AAC 65.020 -
				  6 AAC 65.070 establishes procedures for the prompt and
				  equitable resolution of a complaint against a state agency that alleges any
				  action prohibited by the ADA.
				  6 AAC 65.020 -
				  6 AAC 65.070 applies to a qualified individual with a
				  disability who believes that he or she has been subjected to discrimination by
				  a state agency because of that individual's disability.
(b) In accordance with
				  AS
				  39.28.060, employment discrimination
				  complaints subject to the ADA will be referred to the division of personnel in
				  the Department of Administration of a state agency is unable to promptly and
				  equitably resolve a complaint within the agency.
(c) The purpose of
				  6 AAC 65.020 -
				  6 AAC 65.070 is to establish procedures to resolve a
				  complaint at the state level; however, a complainant is not required to file a
				  complaint under
				  6 AAC 65.020 -
				  6 AAC 65.070 before filing a complaint with the State
				  Commission for Human Rights, the division of personnel in the Department of
				  Administration, the United States Department of Justice, or any of the
				  designated federal agencies identified in
				  28 C.F.R.
				  35.190.
(d) A state agency may not retaliate, coerce,
				  intimidate, harass, or interfere with an individual, or that individual's
				  authorized representative, who files a complaint against a state agency
				  alleging discrimination because of a disability.
Relevant agency addresses are: State Commission for Human
						Rights, 800 A Street, Suite 204, Anchorage, AK 99501-3669; Department of
						Administration, Division of Personnel, 619 E. Ship Creek Avenue, Suite 309,
						Anchorage, AK 99501; United States Department of Justice, Civil Rights
						Division, Federal Coordination and Compliance Section, NWB, 950 Pennsylvania
						Avenue, N.W., Washington, D.C. 20530.
As of Register 166 (July 2003), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney made technical changes to
						6 AAC 65.020, to reflect executive Order 104 (2003).
						Executive Order 104 transferred the functions of the office of equal employment
						opportunity from the Office of the Governor to the division of personnel in the
						Department of Administration.
Authority:
Art. III, sec. 1,
AS 44.17.030
AS 44.17.060
Ak. Const.
Art. III, sec. 16,
Ak. Const.
Art. III, sec. 24,
Ak. Const.
Alaska Administrative Code › Title 6 - Governor's Office › Part 4 - Compliance with the Americans with Disabilities Act › Chapter 65 - Compliance with the Americans with Disabilities Act › Article 2 - Complaint Procedure › 6 AAC 65.030 - Designation of ADA coordinators

Current through May 31, 2024
(a) The governor
				  will appoint a state ADA coordinator to serve as the primary contact person
				  regarding compliance with the ADA, including coordinating a response to a
				  complaint against a state agency.
(b) The commissioner of each department of
				  the executive branch of government shall designate a department ADA coordinator
				  to implement the requirements of the ADA at the department level, and to
				  conduct agency reviews of complaints in accordance with
				  6 AAC 65.070.
(c) The director of each division of a
				  department with 50 or more employees shall designate a division ADA coordinator
				  to implement the requirements of the ADA at the division level and to conduct
				  initial agency reviews of complaints in accordance with
				  6 AAC 65.070. The director of a division with less than
				  50 employees may designate a division ADA coordinator.
(d) A department ADA coordinator is the ADA
				  coordinator for a board or commission within the department, unless the state
				  ADA coordinator, with the concurrence of the commissioner of the department,
				  designates a different board or commission ADA coordinator.
(e) The state ADA coordinator shall give
				  direction and guidance to the department and division ADA
				  coordinators.
Authority:
Art. III, sec. 1,
AS 44.17.030
AS 44.17.060
Ak. Const.
Art. III, sec. 16,
Ak. Const.
Art. III, sec. 24,
Ak. Const.
Alaska Administrative Code › Title 6 - Governor's Office › Part 4 - Compliance with the Americans with Disabilities Act › Chapter 65 - Compliance with the Americans with Disabilities Act › Article 2 - Complaint Procedure › 6 AAC 65.040 - Dissemination of information

Current through May 31, 2024
(a) Each state
				  agency shall post the following information in at least one prominent location
				  accessible to all employees and the general public:
(1) the state policy on nondiscriminatory
				  treatment of qualified individuals with disabilities as set out in
				  6 AAC 65.010(a);
(2) a description of prohibited
				  discriminatory treatment of qualified individuals with disabilities with
				  respect to employment and program accessibility;
(3) a summary of the procedure for filing a
				  complaint under this chapter;
(4)
				  the name, address, telephone number, and a telecommunication device for the
				  deaf (TDD) number, of the agency ADA coordinator to whom an individual would
				  file a complaint of discrimination under this chapter.
Alaska Administrative Code › Title 6 - Governor's Office › Part 4 - Compliance with the Americans with Disabilities Act › Chapter 65 - Compliance with the Americans with Disabilities Act › Article 2 - Complaint Procedure › 6 AAC 65.050 - Procedure for filing a complaint

Current through May 31, 2024
(a) An individual
				  may file a complaint under
				  6 AAC 65.020 -
				  6 AAC 65.070 if that individual believes that he or she
				  or a specific class of individuals has been subjected to discrimination by a
				  state agency on the basis of a disability. A complaint may be filed through an
				  authorized representative.
(b) To
				  be considered by a department or division ADA coordinator, a complaint must
				  meet the requirements of (c) of this section and must be filed with the agency
				  in which the alleged discrimination occurred within 90 days of the date of the
				  alleged discrimination, unless the time for filing is extended for good cause
				  by the department, division, or state ADA coordinator in writing.
(c) A complaint must
(1) be in writing;
(2) include the name, address, and, if
				  applicable, the phone number of the complainant;
(3) include the name of the state agency in
				  which the alleged discrimination occurred;
(4) include a detailed description of the
				  alleged discriminatory action or practice; and
(5) be signed by the complainant or the
				  complainant's authorized representative.
Alaska Administrative Code › Title 6 - Governor's Office › Part 4 - Compliance with the Americans with Disabilities Act › Chapter 65 - Compliance with the Americans with Disabilities Act › Article 2 - Complaint Procedure › 6 AAC 65.060 - Agency review

Current through May 31, 2024
(a) If a complaint is received by a division
				  with over 50 employees or by a division who has assigned a division ADA
				  coordinator, the division ADA coordinator shall conduct an initial agency
				  review of the complaint; however, the state ADA coordinator may, with the
				  concurrence of the department ADA coordinator, instead assign the initial
				  agency review to an ADA coordinator in another division of the department to
				  facilitate a more timely review or to improve communication with the
				  complainant. If a complaint is received by a department and the complaint does
				  not fall under the jurisdiction of a division ADA coordinator, the department
				  ADA coordinator shall conduct the initial agency review of a complaint;
				  however, the state ADA coordinator may, with the concurrence of the
				  commissioner of the department, instead assign the initial agency review to an
				  ADA coordinator in another department to facilitate a more timely review or to
				  improve communication with the complainant.
(b) As part of an initial agency review, the
				  department or division ADA coordinator shall meet with the complainant, in
				  person or via telecommunication, to attempt to jointly develop a plan to
				  resolve the complaint; the meeting must occur within 10 working days after
				  receipt of the complaint unless the state ADA coordinator authorizes more time
				  for good cause. The department or division ADA coordinator shall receive
				  guidance and direction from the commissioner of the department and the state
				  ADA coordinator. Within 10 working days after a satisfactory resolution is
				  reached, the division or department ADA coordinator shall issue a formal
				  written agreement to be signed by the department and division ADA coordinators,
				  the commissioner of the department, and the complainant. The department or
				  division ADA coordinator shall make the written agreement available to the
				  complainant in an accessible format.
(c) A formal written agreement reached under
				  (b) of this section must include a
(1)
				  description of the complaint;
(2)
				  finding of facts;
(3) description
				  of the resolution;
(4) time line to
				  implement the agreement; and
(5)
				  statement that the agency and the complainant agree to comply with the
				  provisions of the agreement.
Alaska Administrative Code › Title 6 - Governor's Office › Part 4 - Compliance with the Americans with Disabilities Act › Chapter 65 - Compliance with the Americans with Disabilities Act › Article 2 - Complaint Procedure › 6 AAC 65.070 - State ADA coordinator review

Current through May 31, 2024
(a) Within 10
				  working days after the receipt of the final notice of nonresolution issued
				  under 6 AAC 65.060, a complainant may
				  request a review of the complaint by the state ADA coordinator. The request for
				  a complaint review must be submitted in writing and must include a description
				  of the basis for the complaint review request.
(b) The state ADA coordinator shall
				  investigate and review an unresolved complaint within 30 working days after
				  receipt of the request for complaint review made under (a) of this
				  section.
(c) If, after an
				  investigation under (b) of this section, the state ADA coordinator finds that
				  the agency's action or inaction does not comply with the ADA, the state
				  coordinator shall inform that agency's commissioner of the finding. The state
				  coordinator shall make recommendations to the commissioner to facilitate a
				  prompt and equitable resolution to the complaint and will provide the
				  commissioner with the technical assistance needed to bring the agency into
				  compliance.
(d) If, after an
				  investigation under (b) of this section, the state ADA coordinator finds that
				  the agency's action or inaction is in compliance with the ADA and the
				  complainant disagrees with that decision, the state ADA coordinator shall
				  provide the complainant with information on filing a complaint with the State
				  Commission for Human Rights or with the United States Department of
				  Justice.
The state ADA coordinator's address is Department of
						Administration, 10th Floor State Office Building, Juneau, AK
						99801.
Authority:
Art. III, sec. 1,
AS 44.17.030
AS 44.17.060
Ak. Const.
Art. III, sec. 1,
Ak. Const.
Art. III, sec. 1,
Ak. Const.
Alaska Administrative Code › Title 6 - Governor's Office › Part 4 - Compliance with the Americans with Disabilities Act › Chapter 65 - Compliance with the Americans with Disabilities Act › Article 3 - General Provisions › 6 AAC 65.990 - Definitions

Current through May 31, 2024
In this chapter
(1) "accessible format" means that
				  information is presented through the use of auxiliary aides and services, as
				  defined in 28 C.F.R.
				  35.104, to promote effective
				  communication;
(2) "ADA" means the
				  Americans with Disabilities Act of 1990 as established in
				  42 U.S.C.
				  12101 -
				  12213;
(3) "agency" means a department, division,
				  office, public corporation, board, commission, authority, or other
				  organizational unit of the executive branch of state government, excluding the
				  Alaska Railroad and the University of Alaska;
(4) "disability" means the same as in
				  28 C.F.R.
				  35.104;
(5) "physical or mental impairment" means the
				  same as in 28 C.F.R.
				  35.104;
(6) "qualified individual with a disability"
				  means
(A) with respect to employment with a
				  state agency, the same as in 29 C.F.R. 1630.2;
(B) with respect to the services, programs,
				  or activities of a state agency, the same as in
				  28 C.F.R.
				  35.104;
Alaska Administrative Code › Title 6 - Governor's Office › Part 5 - Alaska Police Standards Council(Relocated)

Current through May 31, 2024
As of Register 78, the material formerly located in 6 AAC 70
				has been transferred to 13 AAC 85, in recognition of the relocation of the
				Alaska Police Standards Council by Executive Order No. 45 (effective July 1,
				1980).
As of Register 78, the material formerly located in 6 AAC 75
				has been transferred to 13 AAC 87, in recognition of the relocation of the
				Alaska Police Standards Council by Executive Order No. 45 (effective July 1,
				1980).
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 80 - Standards of the Alaska Coastal Management Program › Article 1 - Government Process › 6 AAC 80.010 - Coverage of chapter (Deleted)

Current through May 31, 2024
6 AAC 80.010,
						6 AAC 80.020, and
						6 AAC 80.030 were deleted by the regulations attorney as
						of Register 170, July 2004. The deleted sections had been adopted by the
						Coastal Policy Council, which ceased to exist when ch. 24, SLA 2003 took effect
						on May 22, 2003. The duties and functions of the Coastal Policy Council were
						transferred by Executive Order 106, which took effect April 15, 2003, from the
						Office of Management and Budget in the Office of the Governor to the Department
						of Natural Resources. That department adopted regulations on the subject of 6
						AAC 80, effective July 1, 2004, at 11 AAC 112. Under
						11 AAC 112.010, the standards of
						6 AAC 80.040 -
						6 AAC 80.900 continue to apply to consistency reviews
						initiated under 11 AAC 110 until the standards of 11 AAC 112 are approved by
						the United States Department of Commerce. However, the deleted sections were
						made obsolete immediately by the adoption of 11 AAC
						112.
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 80 - Standards of the Alaska Coastal Management Program › Article 1 - Government Process › 6 AAC 80.020 - Public participation and information (Deleted)

Current through May 31, 2024
6 AAC 80.010,
						6 AAC 80.020, and
						6 AAC 80.030 were deleted by the regulations attorney as
						of Register 170, July 2004. The deleted sections had been adopted by the
						Coastal Policy Council, which ceased to exist when ch. 24, SLA 2003 took effect
						on May 22, 2003. The duties and functions of the Coastal Policy Council were
						transferred by Executive Order 106, which took effect April 15, 2003, from the
						Office of Management and Budget in the Office of the Governor to the Department
						of Natural Resources. That department adopted regulations on the subject of 6
						AAC 80, effective July 1, 2004, at 11 AAC 112. Under
						11 AAC 112.010, the standards of
						6 AAC 80.040 -
						6 AAC 80.900 continue to apply to consistency reviews
						initiated under 11 AAC 110 until the standards of 11 AAC 112 are approved by
						the United States Department of Commerce. However, the deleted sections were
						made obsolete immediately by the adoption of 11 AAC
						112.
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 80 - Standards of the Alaska Coastal Management Program › Article 1 - Government Process › 6 AAC 80.030 - Program management and coordination (Deleted)

Current through May 31, 2024
6 AAC 80.010,
						6 AAC 80.020, and
						6 AAC 80.030 were deleted by the regulations attorney as
						of Register 170, July 2004. The deleted sections had been adopted by the
						Coastal Policy Council, which ceased to exist when ch. 24, SLA 2003 took effect
						on May 22, 2003. The duties and functions of the Coastal Policy Council were
						transferred by Executive Order 106, which took effect April 15, 2003, from the
						Office of Management and Budget in the Office of the Governor to the Department
						of Natural Resources. That department adopted regulations on the subject of 6
						AAC 80, effective July 1, 2004, at 11 AAC 112. Under
						11 AAC 112.010, the standards of
						6 AAC 80.040 -
						6 AAC 80.900 continue to apply to consistency reviews
						initiated under 11 AAC 110 until the standards of 11 AAC 112 are approved by
						the United States Department of Commerce. However, the deleted sections were
						made obsolete immediately by the adoption of 11 AAC
						112.
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 88 - Notarizations Section › 6 AAC 88.010 - Applicability

Current through May 31, 2024
This chapter applies to persons performing notarial acts
				  established under AS 44.50.
Authority:
AS
					 44.50.033
AS
					 44.50.072
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 88 - Notarizations Section › 6 AAC 88.020 - Application fee

Current through May 31, 2024
(a) The application
				fee for commission as a notary public is $40.
(b) In addition to the application fee under
				(a) of this section, the application fee to perform notarial acts using
				communication technology for remotely located individuals is $100 for an
				initial notary public commission. If a notary public is commissioned under
				AS
				44.50.010 at the time the notary public
				applies to perform remote notarial acts as described in this subsection, that
				notary public shall pay an application fee of $25 for each remaining year of
				the notary public's commission.
Authority:
AS
					 44.50.033
AS
					 44.50.072
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 88 - Notarizations Section › 6 AAC 88.030 - Standards for communication technology

Current through May 31, 2024
(a)
				Communication technology must provide for synchronous audio-video feeds of
				sufficient video resolution and audio clarity to enable the notary public and
				remotely located individual to see and speak with each other in real time. The
				process must provide a means for the notary public to reasonably confirm that a
				record before the notary public is the same record in which the remotely
				located individual made a statement or on which the remotely located individual
				executed a signature.
(b)
				Communication technology must provide reasonable security measures to prevent
				unauthorized access to
(1) the live
				transmission of the audio-video feeds;
(2) the methods used to perform the identity
				proofing; and
(3) the electronic
				record that is the subject of the remote online notarization.
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 88 - Notarizations Section › 6 AAC 88.040 - Standards for identity proofing

Current through May 31, 2024
(a) If a notary
				public does not have personal knowledge or satisfactory evidence of the
				identity of a remotely located individual under (d) of this section, the notary
				public must reasonably verify the individual's identity through a multi-factor
				authentication procedure as provided in (a) - (c) of this section. The
				procedure must analyze the individual's identification credential that is the
				subject of remote presentation against trusted third-party data sources, bind
				the individual's identity to the individual following a successful
				knowledge-based authentication assessment, and permit the notary public to
				visually compare the identification credential and the individual. Credential
				analysis and identity proofing must be performed by a reputable third party
				that has provided evidence to the notary public of its ability to satisfy the
				requirements of this chapter.
(b)
				Credential analysis must use public or private data sources to confirm the
				validity of the identification credential that is the subject of remote
				presentation by a remotely located individual and must, at a minimum,
(1) use automated software processes to aid
				the notary public in verifying the identity of each remotely located
				individual;
(2) require the
				identification credential to pass an authenticity test, consistent with sound
				commercial practices, that uses appropriate technologies to confirm the
				integrity of visual, physical, or cryptographic security features, and to
				confirm that the identification credential is not fraudulent or inappropriately
				modified;
(3) use information held
				or published by the issuing source or an authoritative source, as available and
				consistent with sound commercial practices, to confirm the validity of personal
				details and identification credential details; and
(4) enable the notary public to visually
				compare for consistency the information and photograph on the identification
				credential and the remotely located individual as viewed by the notary public
				in real time through communication technology.
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 88 - Notarizations Section › 6 AAC 88.050 - Form of notarial certificates for remote notarial acts

Current through May 31, 2024
A notarial certificate for a remote online notarization is
				  sufficient if it is substantially in a form prescribed by the laws and
				  regulations of the state and conforms with
				  AS
				  44.50.075(c) by including a
				  statement that the notarization was performed using communication technology.
Authority:
AS
					 44.50.072
AS
					 44.50.075
Alaska Administrative Code › Title 6 - Governor's Office › Part 6 - Alaska Coastal Policy Council › Chapter 88 - Notarizations Section › 6 AAC 88.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise,
(1) "credential analysis" has the
				meaning given in
				AS
				44.50.075(b)(l)(C)(ii);
(2) "electronic record" has the meaning given
				in
				AS
				09.80.190;
(3) "identification credential" means a
				non-expired passport, driver's license, or form of government-issued
				identification document that contains the signature and photograph of the
				individual;
(4) "multi-factor
				authentication" means a security system that requires more than one method of
				authentication from independent categories of credentials to verify the user's
				identity for a login or other transaction;
(5) "notarial certificate" means the portion
				of a notarized document that is completed by a notary public and that bears the
				notary public's signature, seal, and language as required by law;
(6) "person" has the meaning given in
				AS
				01.10.060;
(7) "personal knowledge" means that the
				individual appearing before the notary public is known to the notary public
				through dealings sufficient to provide reasonable certainty that the individual
				has the identity claimed;
(8) "real
				time" means the actual span of uninterrupted, simultaneous communication using
				audio-video feeds during which all parts of an online notarial act occur
				excluding issues or buffering that does not materially affect the substantive
				communication between the notary public and the individual;
(9) "remote online notarization" or "remote
				notarial act" means a notarial act performed by means of communication
				technology under this chapter;
(10)
				"remote presentation" means transmission to a notary public through
				communication technology of an image of a remotely located individual's
				identification credential that is of sufficient quality to enable the notary
				public to reasonably identify the remotely located individual and to perform
				credential analysis.
Authority:
AS
					 44.50.072
AS
					 44.50.075
Alaska Administrative Code › Title 6 - Governor's Office › Part 7 - Lieutenant Governor › Chapter 90 - Broadcasting of Certain Public Notices › 6 AAC 90.010 - Applicability

Current through May 31, 2024
(a) The standards in this chapter do not
				apply to broadcast media used by a state agency or a governmental body of a
				state agency to provide optional publicity regarding notice of proposed
				regulations under
				AS
				44.62.190 or notice of a public meeting under
				AS
				44.62.310(e), respectively,
				that is not being used to comply with the legal requirements of those
				statutes.
(b) In this section,
				"optional publicity" includes public service announcements made by the
				broadcast media at no charge to the state agency.
Authority:
AS
					 44.19.020
Alaska Administrative Code › Title 6 - Governor's Office › Part 7 - Lieutenant Governor › Chapter 90 - Broadcasting of Certain Public Notices › 6 AAC 90.020 - Use of broadcasts to comply with certain requirements

Current through May 31, 2024
(a) If a state
				agency or a governmental body of a state agency uses broadcast media to satisfy
				the publication requirements for notice regarding proposed regulations under
				AS
				44.62.190 or notice of public meeting under
				AS
				44.62.310(e), respectively,
				the broadcasting must meet the requirements of this section.
(b) The notice must be broadcasted a minimum
				of six times in the time frames and locations described in (c) - (f) of this
				section.
(c) If the notice concerns
				a public meeting or regulation hearing, at least one of the broadcast
				announcements must occur three days or more before the scheduled meeting or
				hearing.
(d) If the notice contains
				a deadline for submission of written comments on a proposed regulation action,
				at least one of the broadcast announcements must occur one week or more before
				the deadline for submission of written comments.
(e) The appropriate time of day for the
				broadcast of a notice is any time during the broadcast day that is reasonably
				calculated to provide the widest possible exposure of the notice.
(f) A state agency's choice of one or more
				broadcasters for the notice must ensure that
(1) the broadcast announcements will
				satisfactorily reach interested persons; and
(2) if the notice concerns a public meeting
				or regulation hearing, the broadcast announcements must be in the area where
				the public meeting or hearing is to be held.
Alaska Administrative Code › Title 6 - Governor's Office › Part 7 - Lieutenant Governor › Chapter 90 - Broadcasting of Certain Public Notices › 6 AAC 90.030 - Broadcasts regarding public hearing or meeting: unforeseen circumstances

Current through May 31, 2024
If, due to unforeseen circumstances outside of the control of
				  a state agency or governmental body of a state agency, the broadcasting
				  requirements of
				  6 AAC 90.020 cannot be met regarding a notice of a
				  regulation hearing or public meeting, the notice instead must be
				  broadcasted
(1) a minimum of one
				time;
(2) at least 24 hours before
				the scheduled public meeting or hearing, unless the unforeseen circumstances
				require that a shorter time period be used;
(3) at any time during the broadcast day that
				is reasonable calculated to provide the widest possible exposure of the notice
				under the unforeseen circumstances;
(4) by a medium that will most satisfactorily
				reach interested persons under the unforeseen circumstances;
(5) in the area where the public meeting or
				hearing is to be held.
Authority:
AS
					 44.19.020
Alaska Administrative Code › Title 6 - Governor's Office › Part 7 - Lieutenant Governor › Chapter 90 - Broadcasting of Certain Public Notices › 6 AAC 90.990 - Definitions

Current through May 31, 2024
In this chapter,
(1)
				"broadcast media" means radio, television, or cable network, whether the
				broadcast time is provided at no cost as a public service or is
				purchased;
(2) "governmental body"
				has the meaning given in
				AS
				44.62.310(h);
(3) "meeting" has the meaning given in
				AS
				44.62.310(h);
(4) "notice" means a notice under
				AS
				44.62.190 regarding proposed regulations or
				under AS
				44.62.310(e) regarding a
				public meeting of a governmental body of a state agency;
(5) "regulation" has the meaning given in
				AS
				44.62.640;
(6) "state agency" has the meaning given in
				AS
				44.62.640.
Authority:
AS
					 44.19.020
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.010 - Purpose of regulations

Current through May 31, 2024
The purpose of this chapter is to implement the state's role
				  in the decennial review of the Western Alaska Community Development Quota
				  Program (CDQ Program) for the Bering Sea and Aleutian Islands Area required
				  under 16 U.S.C.
				  1855(i)(1)(H)
				  (Magnuson-Stevens Fishery Conservation and Management Act).
Authority:
Art. III, sec. 1,
Ak. Const.
Art. III, sec 24,
Ak. Const.
AS
					 44.33.020
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.070 - Confidential records

Current through May 31, 2024
(a) Except as provided in (b) and (c) of this
				section, records submitted under this chapter by an applicant or a CDQ group
				that are in the possession of the governor or the CDQ team are subject to
				AS
				40.25.110-40.25.120 and are open to
				inspection by the public during regular office hours.
(b) A participating community, applicant, CDQ
				group, or managing organization wishing to protect a record that was provided
				to the state under this chapter may file with the governor or CDQ team a
				written petition identifying the record to be protected and showing good cause
				to classify the record as confidential. If, at the time of submission, a
				participating community, applicant, CDQ group, or managing organization wishes
				to protect a record being submitted under this chapter, the community,
				applicant, group, or organization shall mark the record as "confidential" and
				show good cause to classify the record as confidential.
(c) Good cause to classify a record as
				confidential under this section includes a showing that
(1) disclosure of the record to the public
				might competitively or financially disadvantage or harm the participating
				community, applicant, CDQ group, or managing organization with the
				confidentiality interest, or might reveal a trade secret or proprietary
				business interest; and
(2) the need
				for confidentiality outweighs the public interest in disclosure.
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.080 - Reporting of CDQ program fishery harvest

Current through May 31, 2024
A buyer of fish that, under
				  AS
				  16.05.690 and
				  5 AAC 39.130, is required to record and report a
				  purchase of fish shall also record and report the buyer's purchases of fishery
				  resources that are harvested through a CDQ program. This shall be done in the
				  manner required by
				  AS
				  16.05.690 and
				  5 AAC 39.130 and other regulations adopted under that
				  statute.
Authority:
Ak. Const., art. III,
sec. 1
Ak. Const., art. III,
sec. 24
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.110 - CDQ evaluation team

Current through May 31, 2024
A CDQ evaluation team will perform the state's duties
				  required under 16 U.S.C.
				  1855(i)(1)(H),
				  AS
				  44.33.020(a)(11), and this
				  chapter. The Department of Commerce, Community, and Economic Development will
				  lead the CDQ evaluation process. The evaluation team consists of
(1) the commissioner of commerce, community,
				and economic development, or the commissioner's designee;
(2) the commissioner of fish and game, or the
				commissioner's designee; and
(3)
				the commissioner of labor and workforce development, or the commissioner's
				designee.
Authority:
Art. III, sec. 1,
Ak Const.
Art. III, sec. 24,
Ak Const.
AS
					 44.33.020
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.120 - Limits on CDQ decennial review

Current through May 31, 2024
The CDQ evaluation team will limit its decennial review under
				  16 U.S.C.
				  1855(i)(1)(H)(i) to
(1) the criteria set out in
				16 U.S.C.
				1855(i)(1)(H)(ii);
				and
(2) applying to those criteria
				the valuation system that the CDQ panel has established as required under
				16 U.S.C.
				1855(i)(1)(H)(ii).
Authority:
Art. III, sec. 1,
Ak Const.
Art. III, sec. 24,
Ak Const.
AS
					 44.33.020
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.130 - Decennial review report submission period

Current through May 31, 2024
Not later than 60 days before the evaluation is to begin, the
				  CDQ evaluation team will
(1) establish
				a deadline for receipt of a decennial report from each of the CDQ
				entities;
(2) schedule a projected
				period for the review; and
(3)
				provide a notice to each CDQ entity; in the notice, the CDQ evaluation team
				will state
(A) the submission period for a
				decennial report; and
(B) the
				deadline for submission of the report.
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.140 - Submission of decennial reports

Current through May 31, 2024
(a) To satisfy the
				requirements of 16 U.S.C.
				1855(i)(1)(H), each CDQ
				entity shall submit to the CDQ evaluation team, not later than the deadline set
				under 6 AAC 93.130, a decennial report
				containing
(1) a statement that, under
				16 U.S.C.
				1855(i)(1)(E), the CDQ
				entity is eligible to participate in the CDQ program;
(2) the standards that the CDQ entity
				developed to measure its performance with respect to the criteria set out in
				16 U.S.C.
				1855(i)(1)(H)(ii), and the
				observable, specific data available to measure that performance;
(3) the relative value that the CDQ entity,
				in accordance with 16 U.S.C.
				1855(i)(1)(H)(ii), has
				assigned to each criterion;
(4) a
				copy of the CDQ entity's community development plan within the meaning given in
				16 U.S.C.
				1855(i)(1)(J), as that plan
				was filed annually with the CDQ panel for the years covered by the
				review;
(5) an analysis of the CDQ
				entity's performance with respect to each criterion and the CDQ entity's
				determination of its performance for each criterion; and
(6) a performance determination as to whether
				the CDQ entity has maintained or improved its overall performance with respect
				to the criteria.
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.150 - Initial review of decennial reports

Current through May 31, 2024
Not later than 15 days after the CDQ evaluation team receives
				  a decennial report, the CDQ evaluation team will notify the submitting CDQ
				  entity of any additional information or documentation needed. The CDQ entity
				  shall submit the additional information or documentation in writing not later
				  than 10 days after receiving notice of a deficiency.
The mailing address for the CDQ evaluation team is set out
					 in the editor's note at
					 6 AAC 93.140.
Authority:
Art. III, sec. 1,
Ak Const.
Art. III, sec. 24,
Ak Const.
AS
					 44.33.020
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.160 - Evaluation of decennial reports

Current through May 31, 2024
(a) After a
				decennial report is determined to meet the requirements of
				6 AAC 93.140, the CDQ evaluation team will evaluate each
				CDQ entity's determination of whether the submitting CDQ entity maintained or
				improved its overall performance with respect to the criteria set out in
				16 U.S.C.
				1855(i)(1)(H)(ii).
(b) After the evaluation under (a) of this
				section, the Department of Commerce, Community, and Economic Development, on
				behalf of the CDQ evaluation team, will provide written notice, to the
				submitting CDQ entity and to NMFS, of the state's proposed recommendation
				regarding whether the CDQ entity
(1) has
				maintained or improved its overall performance with respect to the criteria;
				or
(2) has not maintained or
				improved its overall performance with respect to the criteria.
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.170 - Opportunity for hearing

Current through May 31, 2024
(a) A CDQ entity
				may request a hearing to submit oral testimony or additional written comments
				or documentation regarding the state's proposed recommendation. A CDQ entity
				requesting a hearing must submit the request in writing, so that the Department
				of Commerce, Community, and Economic Development receives it no later than 30
				days after the date of the department's written notice under
				6 AAC 93.160(b). If the CDQ entity
				seeks to present oral testimony, the CDQ must request it expressly in the
				written request.
(b) Upon receipt
				of a timely request under (a) of this section, the Department of Commerce,
				Community, and Economic Development will schedule
(1) a 30-day period during which the CDQ
				entity may submit additional written comments or documentation for review by
				the CDQ evaluation team;
(2) a date
				and time to receive oral testimony if the CDQ entity has requested to present
				it to the CDQ evaluation team; the CDQ evaluation team may conduct the oral
				hearing in person, by teleconference, or by videoconference.
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 93 - Western Alaska Community Development Quota Program › 6 AAC 93.900 - Definitions

Current through May 31, 2024
In this chapter
(1)
				"CDQ" means community development quota;
(2) "CDQ entity" means an entity listed in
				16 U.S.C.
				1855(i)(1)(D)(i) -
				(vi);
(3) "CDQ evaluation team" or "CDQ team" means
				the group established under
				6 AAC 93.110;
(4) "CDQ panel" means the panel established
				under 16 U.S.C.
				1855(i)(1)(G);
(5) "NMFS" means the United States Department
				of Commerce, National Marine Fisheries Service.
Authority:
Art. III, sec. 1,
Ak Const.
Art. III, sec. 24,
Ak Const.
AS
					 44.33.020
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 94 - Disaster Assistance Programs › Article 2 - Individual and Family Disaster Grants › 6 AAC 94.200 - Scope

Current through May 31, 2024
(a) Except as provided in (b) of this
				  section, the provisions of
				  6 AAC 94.200 -
				  6 AAC 94.280 apply if the governor has declared a
				  disaster under
				  AS
				  26.23.020 and makes money available for
				  individual and family disaster grants.
(b) If the President declares a major
				  disaster or emergency under 42 U.S.C. 5121 -
				  5204 c (Stafford Act), and
				  provides a grant to the state for making individual and family grants under
				  42 U.S.C.
				  5178, the provisions of
				  6 AAC 94.200 -
				  6 AAC 94.280 do not apply to those grants and do not
				  apply to the state's participation in that grant program.
Authority:
AS
						26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.090
AS 26.23.220
AS
						26.23.300
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 94 - Disaster Assistance Programs › Article 2 - Individual and Family Disaster Grants › 6 AAC 94.210 - Disaster grant application

Current through May 31, 2024
(a) To seek a grant
				  under 6 AAC 94.200 -
				  6 AAC 94.280, an individual or family member must file
				  an application with the division on a form provided by the division or through
				  toll-free telephone registration if available.
(b) Subject to (c) of this section,
				  applications must be submitted to the division within 60 days after the date of
				  the governor's disaster declaration, unless the division determines that
				  extenuating circumstances beyond the applicant's control prevented the
				  applicant from timely submitting an application. If the division determines
				  that extenuating circumstances exist, the division will extend the time for
				  submittal of the application by an additional 30 days.
(c) If an individual applies to the SBA for
				  assistance before applying for a grant under
				  6 AAC 94.200 -
				  6 AAC 94.280, and the SBA accepts the application for
				  processing and subsequently declines the application, or provides an
				  insufficient loan, the division will consider that application as a timely
				  filed application for assistance under this section.
(d) In addition to the information required
				  under 6 AAC 94.210(a),
				  the division will request further information, including cost, estimates from
				  an applicant as the division determines necessary in order to determine the
				  applicant's grant eligibility or the grant amount.
Authority:
AS
						26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.090
AS 26.23.220
AS
						26.23.300
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 94 - Disaster Assistance Programs › Article 2 - Individual and Family Disaster Grants › 6 AAC 94.220 - Disaster grant eligibility

Current through May 31, 2024
(a) Subject to
				  6 AAC 94.250, to qualify for a grant under
				  6 AAC 94.200 -
				  6 AAC 94.280, an individual applicant or an applicant's
				  family
(1) must incur a necessary expense or
				  serious need in the declared disaster area as a result of the disaster, and be
				  unable to meet that expense or need;
(2) must apply to all applicable governmental
				  disaster assistance programs for assistance to meet a necessary expense or
				  serious need, and be determined not qualified for that assistance, or
				  demonstrate to the division that the assistance received does not satisfy the
				  total necessary expense or serious need;
(3) may not have previously received or
				  refused assistance from other means for all or part of the specific necessary
				  expense, or serious need, for which application is made; and
(4) must agree to refund to the division any
				  part of a grant made for which assistance from other means is received, or that
				  is not spent as identified in the grant award document.
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 94 - Disaster Assistance Programs › Article 2 - Individual and Family Disaster Grants › 6 AAC 94.230 - Disaster grant award

Current through May 31, 2024
(a) The division will award grants in an
				  amount determined by the division after review of the grant application and any
				  supporting documentation, including cost estimates, required by the division.
				  The division will notify the applicant by mail whether a grant has been
				  approved and, if approved, of the grant amount awarded.
(b) The total amount of state money awarded
				  to an individual or to a family as a grant under
				  6 AAC 94.200 -
				  6 AAC 94.280 may not exceed the maximum amount
				  authorized under
				  AS
				  26.23.090(b)(2).
Authority:
AS
						26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.090
AS 26.23.220
AS
						26.23.300
Alaska Administrative Code › Title 6 - Governor's Office › Part 8 - Governor › Chapter 94 - Disaster Assistance Programs › Article 2 - Individual and Family Disaster Grants › 6 AAC 94.240 - Eligible expense categories for disaster grants

Current through May 31, 2024
(a) Subject to
				  6 AAC 94.250, the division will make grants available
				  under 6 AAC 94.200 -
				  6 AAC 94.280 to help a grantee meet necessary expenses
				  or serious needs by providing essential items or services in the following
				  categories:
(1) housing; with respect to
				  primary residences that are owner-occupied at the time of the disaster, the
				  division will authorize grants to:
(A) repair,
				  replace, or rebuild; for purposes of this subparagraph, "housing" does not
				  include landscaping;
(B) provide
				  access; if an access serves more than one individual or family, an
				  owner-occupant whose primary residence is served by the access may
(i) receive a grant for a proportionate share
				  of the cost of repairing the access; and
(ii) combine a grant amount determined under
				  (a)(1)(B)(i) of this section with money made available by the other individuals
				  or families if an agreement for joint use of the access is executed or if joint
				  ownership of the access is agreed to;
(C) clean, make sanitary, or remove debris;
				  debris removal is limited to the minimum necessary to remove health or safety
				  hazards from the residence or to protect against additional damage to the
				  residence;
(D) provide or to take
				  minimum protective measures against a potential safety hazard to the primary
				  residence if that hazard
(i) is caused by the
				  disaster; and
(ii) will cause, if
				  not repaired, an actual safety hazard from common weather or environmental
				  events; or
(E) pay for
				  minimization measures required to enable an owner-occupant to receive
				  assistance from other means or to enable the owner-occupant to comply with
				  flood plain management regulations, including zoning ordinances, subdivision
				  regulations, building codes, health regulations, special purpose ordinances,
				  and other applications of the police power, if those regulations pertain to
				  floodplain management and provide standards for the purpose of flood damage
				  prevention and reduction;