reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.410 - Petitioners

Current through May 31, 2024
(a) A petition for a proposed action by the
				  commission under this chapter may be initiated by
(1) the legislature;
(2) the commissioner;
(3) a person designated by the commission,
				  subject to (d) of this section;
(4)
				  a political subdivision of the state;
(5) a regional educational attendance
				  area;
(6) repealed
				  1/9/2008;
(7) at least 10 percent
				  of the persons registered to vote in a political subdivision of the state or in
				  a regional educational attendance area, if the petition seeks the alteration of
				  a municipality under AS 29.06, other than by local option under
				  AS
				  29.06.090(b)(2) or
				  AS
				  29.06.450(a)(2);
(8) at least 10 percent of the persons
				  registered to vote in
(A) the area proposed
				  for borough annexation by election under
				  3 AAC 110.210(3) or by legislative
				  review under
				  AS
				  29.06.040(b) or
				  AS
				  44.33.812(b)(2);
				  or
(B) the territory proposed for
				  city annexation by election under
				  3 AAC 110.150(3) or by legislative
				  review under
				  AS
				  29.06.040(b) or
				  AS
				  44.33.812(b)(2);
(9) at least 25 percent of the
				  persons registered to vote in
(A) the area
				  proposed for borough detachment by election under
				  AS
				  29.06.040(c)(2) or by
				  legislative review under
				  AS
				  29.06.040(b) or
				  AS
				  44.33.812(b)(2);
				  or
(B) the territory proposed for
				  city detachment by election under
				  AS
				  29.06.040(c)(2) or by
				  legislative review under
				  AS
				  29.06.040(b) or
				  AS
				  44.33.812(b)(2);
				  or
(10) the number of
				  qualified voters required under
(A)AS
				  29.04.040, if the petition seeks
				  reclassification of a city;
(B)AS
				  29.05.060, if the petition seeks a municipal
				  incorporation under
				  AS
				  29.05.060;
(C)AS
				  29.06.100(a), if the
				  petition seeks a municipal merger or consolidation under
				  AS
				  29.06.090(b)(2);
				  or
(D)AS
				  29.06.460(a), if the
				  petition seeks a municipal dissolution under
				  AS
				  29.06.450(a)(2).
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.415 - Additional requirements of a voter-initiated petition

Current through May 31, 2024
(a) In determining
				  whether a voter-initiated petition under
				  3 AAC 110.410(a) (7) - (10) or
				  3 AAC 110.410(b) contains at least the
				  minimum number of required signatures, the department may not consider a
				  signature
(1) unless the voter who signed the
				  form printed the voter's name, physical address of place of residence, and a
				  numerical identifier, and dated the signature;
(2) that is dated more than one year before
				  the date that the petition was submitted to the department.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.421 - Name of municipal government

Current through May 31, 2024
The name of the municipal government specified in
					 accordance with
					 3 AAC 110.420(b) (3)(B) must contain
					 the word "city,""borough," or "municipality," as applicable to the type of
					 municipal government proposed. The name may not contain a word or phrase that
					 indicates or implies that the municipal government is organized for a purpose
					 other than that authorized by its incorporation or
					 alteration.
Authority:
AS
						44.33.812
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.430 - Consolidation of petitions

Current through May 31, 2024
If two or more petitions pending action by the commission
					 affect all or some portion of the same boundaries, the chair of the commission
					 may consolidate the informational session, briefing schedule, department
					 reports, commission hearing, decisional meeting, or other procedure under this
					 chapter for one or more of those petitions. The commission may consider
					 relevant information from concurrent or conflicting petitions during the
					 process of rendering its decision on any one petition.
Authority:
Art. X, sec. 1,
AS 29.04.040
AS 29.05.060
AS 29.06.040
AS 29.06.090
AS 29.06.100
AS 29.06.450
AS 29.06.470
AS 44.33.812
AS 44.33.814
AS 44.33.818
AS 44.33.822
AS 44.33.826
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.435 - Role of department staff

Current through May 31, 2024
(a) A department
				  employee assigned under
				  AS
				  44.33.020(a)(4) as a member
				  of the commission staff serves as an advisor. The advisory staff may not act in
				  an advocacy capacity as a petitioner under
				  3 AAC 110.410.
(b) During a proceeding, the advisory staff
				  to the commission may provide technical assistance, information, and forms to
				  petitioners, respondents, and interested persons who have procedural questions
				  regarding local government or boundary issues. If the commissioner, a
				  department subdivision, or a department employee not assigned under
				  AS
				  44.33.020(a)(4) to the
				  commission's advisory staff serves in an official capacity as a petitioner in a
				  case before the commission,
(1)
				  communications with the commission's advisory staff regarding the case are
				  subject to the limitations of this subsection and
				  3 AAC 110.500; and
(2) communications with members of the
				  commission are subject to the ex parte limitations of
				  3 AAC 110.500.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.440 - Technical review of petition

Current through May 31, 2024
(a) The department
				  shall review the petition and supporting materials to determine whether they
				  include a budget sufficient for commission review, a transition plan sufficient
				  for commission review, and other required information. When applicable, the
				  department shall also determine whether the petition contains the legally
				  required number of valid signatures. The department shall complete the
				  technical review of the petition within 45 days after receiving it, except that
				  the chair of the commission, for good cause, may grant the department
				  additional time to complete its technical review.
(b) The petitioner is primarily responsible
				  for supplying all supplemental information and documents reasonably necessary
				  for the technical review process, including information identifying who is
				  registered to vote, who resides within the boundaries proposed for change, and
				  the number of persons who voted within those boundaries during the last
				  election.
(c) If it determines that
				  the petition or supporting materials are deficient in form or content, the
				  department shall consult with the chair of the commission. With the concurrence
				  of the chair of the commission, the department shall return the defective
				  petition or supporting materials to the petitioner for correction or
				  completion. With the concurrence of the chair of the commission, the department
				  shall determine whether the deficiencies in the petition are significant enough
				  to require new authorization for the filing of the corrected or completed
				  petition. The department shall complete the technical review of any corrections
				  or materials needed to complete the petition within 30 days after receiving
				  them, except that the chair of the commission, for good cause, may grant the
				  department additional time to complete its technical review. If the department
				  determines that the petition and brief are in substantial compliance with
				  applicable provisions of AS 29.04, AS 29.05, AS 29.06, and this chapter, the
				  department shall notify the petitioner that the petition and brief have been
				  accepted for filing.
(d) The
				  petitioner may appeal to the commission a determination by the department under
				  (c) of this section that a petition is deficient in form and content or that
				  new authorization will be required for the filing of a corrected or completed
				  petition.
Authority:
Art. X, sec. 1,
AS 29.04.040
AS 29.05.070
AS 29.06.040
AS 29.06.110
AS 29.06.480
AS 44.33.020
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Art. X, sec. 14,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.450 - Notice of petition

Current through May 31, 2024
(a) No later than 45 days after receipt of
				  the department's written notice of acceptance of the petition for filing, the
				  petitioner shall
(1) publish public notice of
				  the filing of the petition in a display ad format of no less than six inches
				  long by two columns wide at least once each week for three consecutive weeks in
				  one or more newspapers of general circulation designated by the department; if
				  the department determines that a newspaper of general circulation, with
				  publication at least once a week, does not circulate within the boundaries
				  proposed for change, the department shall require the petitioner to provide
				  notice through other means designed to reach the public;
(2) post public notice of the filing of the
				  petition in
(A) at least three prominent
				  locations readily accessible to the public and within or near the boundaries
				  proposed for change; and
(B) other
				  locations designated by the department;
(3) ensure that notices posted under (2) of
				  this subsection remain posted through the deadline set under
				  3 AAC 110.640 by the chair of the commission for the
				  filing of responsive briefs;
(4)
				  hand-deliver or mail, postage prepaid, public notice of the filing of the
				  petition, correctly addressed to the municipalities having jurisdictional
				  boundaries within 20 miles of the boundaries proposed for change, and to other
				  persons designated by the department; and
(5) submit a request for a public service
				  announcement of the filing of the petition to at least one radio or television
				  station serving within the boundaries of the proposed change and request that
				  it be announced for the following 14 days.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.460 - Service of petition

Current through May 31, 2024
(a) No later than 25 days after receipt of
				  the department's notice of acceptance of the petition for filing, the
				  petitioner shall hand-deliver or mail, postage prepaid, one complete set of
				  petition documents to every municipality within 20 miles of the boundaries
				  proposed for change, and to other interested persons designated by the
				  department. Copies of the petition documents, including maps and other
				  exhibits, must conform to the originals in color, size, and other
				  distinguishing characteristics.
(b)
				  From the first date of publication of notice of the filing of the petition
				  under 3 AAC 110.450(a) (1), through the last date on which the
				  petition may be subject to action by the commission, including the last date of
				  proceedings of the commission ordered by a court of competent jurisdiction, the
				  petitioner shall make a full set of petition documents, including public
				  notices, responsive briefs, the reply brief, and department reports, available
				  for review by the public at a central and convenient location such as a
				  municipal office or public library. The petition documents must be available
				  for review during normal working hours, and the petitioner shall accommodate
				  specific requests for public review of the petition documents at reasonable
				  times in the evening and on weekend days. All published and posted notices of
				  filing of a petition must identify the specific location of the petition
				  documents, and the hours when the documents can be reviewed.
Authority:
Art. X, sec. 3,
AS 29.04.040
AS 29.05.100
AS 29.06.040
AS 29.06.130
AS 29.06.500
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.470 - Proof of notice and service

Current through May 31, 2024
No later than 50 days after receipt of the department's
					 written notice of acceptance of the petition for filing, the petitioner shall
					 deliver to the department five additional complete sets of petition documents
					 and an affidavit that the notice, posting, service, deposit, and publishing
					 requirements of
					 3 AAC 110.450 -
					 3 AAC 110.460 have been satisfied. Copies of the
					 petition documents, including maps and other exhibits, must conform to the
					 originals in color, size, and other distinguishing characteristics.
Authority:
Art. X, sec. 3,
AS 29.04.040
AS 29.05.100
AS 29.06.040
AS 29.06.130
AS 29.06.500
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.490 - Reply brief

Current through May 31, 2024
The petitioner may file an original and five copies of a
					 single reply brief in response to all responsive briefs and written comments
					 filed timely under
					 3 AAC 110.480. The petitioner shall provide the
					 department with a copy of the reply brief in an electronic format, unless the
					 department waives this requirement because the petitioner lacks a readily
					 accessible means or the capability to provide items in an electronic format.
					 The reply brief must be received by the department in a timely manner in
					 compliance with
					 3 AAC 110.640. The reply brief must be accompanied by an
					 affidavit stating that the brief has been served on all respondents by regular
					 mail, postage prepaid, or by electronic mail, facsimile transmission, or hand
					 delivery.
Authority:
Art. X, sec. 3,
AS 29.04.040
AS 29.05.080
AS 29.05.100
AS 29.06.040
AS 29.06.110
AS 29.06.130
AS 29.06.480
AS 29.06.500
AS 44.33.020
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Art. X, sec. 14,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.500 - Limitations on advocacy

Current through May 31, 2024
(a) Unless
				  otherwise ordered by the commission for good cause shown, the commission will
				  not, and the department may not, accept a document, letter, or brief for filing
				  and consideration except in accordance with the procedures, timeframes,
				  hearings, and meetings specified in
				  3 AAC 110.410 -
				  3 AAC 110.700.
(b) A member of the commission is prohibited
				  from ex parte contact and communication with any person except the staff of the
				  commission, concerning a matter pending before the commission that has been
				  filed as a petition, from the date the petition was first submitted to the
				  department through the last date on which the petition may be subject to action
				  by the commission, including the last date of proceedings of the commission
				  ordered by a court of competent jurisdiction.
Authority:
Art. X, sec. 12,
AS 29.04.040
AS 29.05.080
AS 29.05.100
AS 29.06.040
AS 29.06.110
AS 29.06.130
AS 29.06.480
AS 29.06.500
AS 44.33.020
AS 44.33.812
Ak Const.
Art. X, sec. 14,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.510 - Informational sessions

Current through May 31, 2024
(a) If the
				  department determines that persons within or near the proposed boundary change
				  have not had adequate opportunity to be informed about the scope, benefits, or
				  detriments of the proposed change, the department shall require the petitioner
				  to conduct informational sessions, and to submit a recording, transcript, or
				  summary of those sessions to the department.
(b) The department may not proceed with the
				  processing of the petition until the petitioner has certified, by affidavit,
				  that the informational session requirements of this section have been
				  met.
Authority:
Art. X, sec. 12,
AS 29.04.040
AS 29.05.080
AS 29.05.100
AS 29.06.040
AS 29.06.110
AS 29.06.130
AS 29.06.480
AS 29.06.500
AS 44.33.020
AS 44.33.812
Ak Const.
Art. X, sec. 14,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.530 - Departmental reports

Current through May 31, 2024
(a) The department shall investigate and
				  analyze a petition filed with the department under this chapter. The department
				  shall prepare a written preliminary and a written final report regarding the
				  petition. Each report must contain the department's findings and
				  recommendations regarding the petition.
(b) The department shall mail or hand-deliver
				  its preliminary report to the commission, petitioner, and respondents. Within
				  24 hours after receipt of the preliminary report, the petitioner shall place a
				  copy of the report with the petition documents available for review. The
				  petitioner shall file an affidavit with the department stating the preliminary
				  report has been made available for public review.
(c) The petitioner, respondents, and other
				  interested persons may submit to the department written comments pertaining
				  directly to the preliminary report. The written comments must be received by
				  the department in a timely manner in accordance with
				  3 AAC 110.640.
(d) In its final report, the department shall
				  consider timely submitted written comments addressing the preliminary report.
				  The department shall mail its final report to the commission, petitioner, and
				  respondents.
(e) If a preliminary
				  or final report of the department contains a recommendation to amend or
				  condition approval of a municipal incorporation petition subject to
				  AS
				  29.05.060-29.05.110,
(1) the department shall issue a public
				  notice regarding the recommended amendment or condition;
(2) the public notice required under (1) of
				  this subsection
(A) must be issued
				  contemporaneously with that report;
(B) must be published in conformance with the
				  requirements of
				  3 AAC 110.450(a) (1), except that the
				  notice need be published only one time;
(C) if the recommendation is part of a
				  preliminary report, must state that comments on the recommendation must be
				  filed on or before the same date as comments on the preliminary report under
				  3 AAC 110.640(b) (3); that date must be
				  set out in the notice;
(D) if the
				  recommendation is only part of a final report, must specify a date on or before
				  which written comments on the recommendation may be filed; that date must allow
				  at least 14 days for written comment; and
(E) must contain a statement that oral
				  comments on a recommendation for amendment or conditional approval may also be
				  provided at the public hearing under
				  3 AAC 110.560; and
(3) public comment received in response to a
				  public notice required under (1) of this subsection must be included in the
				  department's final report or summarized at the public hearing, whichever occurs
				  first.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.540 - Amendment of petition

Current through May 31, 2024
(a) A petitioner may amend the petition at
				  any time before the first mailing, publishing, or posting of notice of the
				  commission's hearing on the petition under
				  3 AAC 110.550. The original and five copies of the
				  amendment must be filed with the department. The petitioner shall provide the
				  department with a copy of the amended petition and supporting materials in an
				  electronic format, unless the department waives this requirement because the
				  petitioner lacks a readily accessible means or the capability to provide items
				  in an electronic format.
(b) A
				  petitioner may not amend the petition after the first mailing, publishing, or
				  posting of notice of the commission's hearing on the petition except upon a
				  clear showing to the commission that the public interest of the state and of
				  the persons within or near the boundaries of the proposed change is best served
				  by allowing the proposed amendment.
(c) If voters initiated the petition, the
				  amended petition must contain the dated signatures of the same number of voters
				  required by AS 29.04, AS 29.05, AS 29.06, or this chapter for the original
				  petition and must include the dated signatures of at least a majority of the
				  same voters who signed the original petition.
(d) The petitioner shall serve the amended
				  petition on each person designated by the department, and by
				  3 AAC 110.410 -
				  3 AAC 110.700 to receive the original petition, and on
				  the respondents to the original petition. The petitioner shall place a copy of
				  the amended petition with the original petition documents, post the public
				  notice of the amended petition, and submit an affidavit of service and notice
				  in the same manner required for the original petition.
(e) The chair of the commission shall
				  determine whether the amendment is significant enough to warrant an
				  informational session, opportunity for further responsive briefing, an
				  additional public meeting by the department, or a repeat of any other step or
				  process specified in
				  3 AAC 110.410 -
				  3 AAC 110.700. Additional informational sessions,
				  meetings, briefings, or other steps or processes will be conducted in
				  accordance with the procedures specified in
				  3 AAC 110.410 -
				  3 AAC 110.700 for the processing of the original
				  petition, except that the chair of the commission may shorten the
				  timing.
Authority:
Art. X, sec. 1,
AS 29.04.040
AS 29.05.060
AS 29.06.040
AS 29.06.090
AS 29.06.100
AS 29.06.450
AS 29.06.460
AS 44.33.020
AS 44.33.812
AS 44.33.814
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Art. X, sec. 14,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.545 - Withdrawal of petition

Current through May 31, 2024
(a) A petitioner
				  may withdraw the petition at any time before the first mailing, publishing, or
				  posting of notice of the commission's hearing on the petition under
				  3 AAC 110.550. The original and five copies of the
				  withdrawal must be filed with the department.
(b) A petitioner may not withdraw the
				  petition after the first mailing, publishing, or posting of notice of the
				  commission's hearing on the petition except upon a clear showing to the
				  commission that the public interest of the state and the persons within or near
				  the boundaries of the proposed change is best served by allowing the proposed
				  withdrawal.
(c) If voters initiated
				  the petition, a statement withdrawing a petition must contain the dated
				  signatures of at least 30 percent of the voters residing within the boundaries
				  of the proposed change and must include at least a majority of the same voters
				  who signed the original petition.
(d) If the petition was submitted by a
				  municipality under
				  AS
				  29.06.040(c)(4) at the
				  request of all property owners and voters within the boundaries of the proposed
				  change, the petition may be withdrawn only with the approval of the petitioning
				  municipality.
(e) If the
				  petitioning municipality declines to withdraw the petition,
(1) the consent of a property owner or voter
				  to the filing of the petition is binding on any subsequent purchaser of the
				  property if the property is purchased before the boundary change is approved;
				  and
(2) the municipality and the
				  state are not responsible for ensuring that the subsequent purchaser receives
				  notice of the proposed boundary change before purchase, by recording or
				  otherwise.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.550 - Commission public hearing

Current through May 31, 2024
(a) The commission
				  will convene one or more public hearings at convenient locations within or near
				  the boundaries of the proposed change as required under AS 29.04, AS 29.05, AS
				  29.06, AS
				  44.33.810-44.33.828, and this chapter. If
				  the proposed change is for legislative-review borough incorporation under
				  AS
				  29.05.115, the commission will convene two or
				  more public hearings within the boundaries of the proposed change.
(b) Notice of the date, time, place, and
				  subject of the hearing must be
(1) mailed,
				  postage prepaid, by the department to the petitioner and to each
				  respondent;
(2) published by the
				  department at least three times, with the first date of publishing occurring at
				  least 30 days before the date of the hearing, in a display ad format no less
				  than three inches long by two columns wide, in one or more newspapers of
				  general circulation selected by the department to reach the people within the
				  boundaries of the proposed change; if the department determines that a
				  newspaper of general circulation, with publication at least once a week, does
				  not circulate within the boundaries of the proposed change, the department
				  shall provide notice through other means designed to reach the public;
				  and
(3) posted by the petitioner in
				  at least three prominent locations readily accessible to the public within the
				  boundaries of the proposed change in which the hearing is to be held, and where
				  the petition documents are available for review, for at least 21 days preceding
				  the date of the hearing.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.560 - Commission hearing procedures

Current through May 31, 2024
(a) The chair of
				  the commission shall preside at the hearing, and shall regulate the time and
				  the content of statements, testimony, and comments to exclude irrelevant or
				  repetitious statements, testimony, and comments. The department shall record
				  the hearing and preserve the recording. Two members of the commission
				  constitute a quorum for purposes of a hearing under this section.
(b) As part of the hearing, the commission
				  may include
(1) a report with recommendations
				  from the department;
(2) an opening
				  statement by the petitioner, not to exceed 10 minutes;
(3) an opening statement by each respondent,
				  not to exceed 10 minutes;
(4) sworn
				  testimony of witnesses
(A) with expertise in
				  matters relevant to the proposed change; and
(B) called by the petitioner;
(5) sworn testimony of witnesses
(A) with expertise in matters relevant to the
				  proposed change; and
(B) called by
				  each respondent;
(6)
				  sworn responsive testimony of witnesses
(A)
				  with expertise in matters relevant to the proposed change; and
(B) called by the petitioner;
(7) a period of public comment by
				  interested persons, not to exceed three minutes for each person;
(8) a closing statement by the petitioner,
				  not to exceed 10 minutes;
(9) a
				  closing statement by each respondent, not to exceed 10 minutes;
(10) a reply by the petitioner, not to exceed
				  five minutes; and
(11) points of
				  information or clarification by the department.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.570 - Decisional meeting

Current through May 31, 2024
(a) Within 90 days after the last commission
				  hearing on a proposed change, the commission will convene a decisional meeting
				  to examine the written briefs, exhibits, comments, and testimony and to reach a
				  decision regarding the proposed change. During the decisional meeting,
(1) the commission will not receive new
				  evidence, testimony, or briefing;
(2) the chair of the commission or a
				  commission member may ask the department or a person for a point of information
				  or clarification; and
(3) the
				  department may raise a point of information or clarification.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.580 - Reconsideration

Current through May 31, 2024
(a) Within 18 days after a written statement
				  of decision is mailed under
				  3 AAC 110.570(f), a person may file an
				  original and five copies of a request for reconsideration of all or part of
				  that decision, describing in detail the facts and analyses that support the
				  request for reconsideration.
(b)
				  Within 30 days after a written statement of decision is mailed under
				  3 AAC 110.570(f), the commission may,
				  on its own motion, order reconsideration of all or part of that
				  decision.
(c) A person filing a
				  request for reconsideration shall provide the department with a copy of the
				  request for reconsideration and supporting materials in an electronic format,
				  unless the department waives this requirement because the person requesting
				  reconsideration lacks a readily accessible means or the capability to provide
				  items in an electronic format. A request for reconsideration must be filed with
				  an affidavit of service of the request for reconsideration on the petitioner
				  and each respondent by regular mail, postage prepaid, or by hand-delivery. A
				  request for reconsideration must also be filed with an affidavit that, to the
				  best of the affiant's knowledge, information, and belief, formed after
				  reasonable inquiry, the request for reconsideration is founded in fact and is
				  not submitted to harass or to cause unnecessary delay or needless expense in
				  the cost of processing the petition.
(d) If the person filing the request for
				  reconsideration is a group, the request must identify a representative of the
				  group. Each request for reconsideration must provide the physical residence
				  address and mailing address of the person filing the request for
				  reconsideration and the telephone number, facsimile number, and electronic mail
				  address, if any, for the person or representative of the group.
(e) The commission will grant a request for
				  reconsideration or, on its own motion, order reconsideration of a decision only
				  if the commission determines that
(1) a
				  substantial procedural error occurred in the original proceeding;
(2) the original vote was based on fraud or
				  misrepresentation;
(3) the
				  commission failed to address a material issue of fact or a controlling
				  principle of law; or
(4) new
				  evidence not available at the time of the hearing relating to a matter of
				  significant public policy has become known.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.600 - Local action/local option elections

Current through May 31, 2024
(a) In accordance
				  with AS 29.04, AS 29.05, and AS 29.06, the commission will notify the director
				  of elections of the commission's acceptance of a local action or local option
				  petition proposing city reclassification under AS 29.04, municipal
				  incorporation under art. X, sec. 12 of the Constitution of the State of Alaska
				  or AS 29.05, and municipal dissolution, deunification, merger, or consolidation
				  under AS 29.06.
(b) If
				  AS
				  29.06.040 requires a municipal election for a
				  proposed annexation or detachment, the commission will notify the clerk of the
				  municipality proposed for change of the commission's acceptance of a local
				  action petition. The election must be administered by the municipality proposed
				  for change at the municipality's own cost and in the manner prescribed by its
				  municipal election ordinances, except that the commission may specify the
				  wording of the ballot measure and broaden the election notice
				  requirements.
(c) If a petition for
				  detachment under
				  AS
				  29.06.040 and incorporation under AS 29.05
				  requires a municipal election, the commission will notify the director of
				  elections of the commission's acceptance of a local option petition and that
				  the election must be a combined one for detachment and incorporation.
Authority:
Art. X, sec. 1,
AS 29.04.040
AS 29.05.110
AS 29.05.120
AS 29.06.040
AS 29.06.140
AS 29.06.510
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.610 - Legislative review

Current through May 31, 2024
(a) The commission may determine during the
				  course of proceedings that a legislative review petition must be amended and
				  considered as a local action or local option petition if the commission
				  determines that the balanced best interests of the locality and the state are
				  enhanced by local participation.
(b) If a decision of the commission requires
				  legislative review, the commission will present a recommendation for the
				  decision to the legislature during the first 10 days of a regular session in
				  accordance with art. X, sec. 12, Constitution of the State of Alaska.
Authority:
Art. X, sec. 12,
AS 29.06.040
AS 29.06.090
AS 29.06.450
AS 44.33.812
AS 44.33.822
AS 44.33.826
AS 44.33.828
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.620 - Judicial review

Current through May 31, 2024
A final decision of the commission made under the
					 Constitution of the State of Alaska, AS 29.04, AS 29.05, AS 29.06, or this
					 chapter may be appealed to the superior court in accordance with the
					 Administrative Procedure Act (AS 44.62).
Authority:
Art. X, sec. 12,
AS 29.04.040
AS 29.05.100
AS 29.06.040
AS 29.06.130
AS 29.06.500
AS 44.33.812
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.630 - Effective date and certification

Current through May 31, 2024
(a) Except as
				  provided in (b) or (c) of this section, a final decision of the commission is
				  effective when
(1) notification of compliance
				  with 42 U.S.C.
				  1973 c (Voting Rights Act of 1965) is
				  received from the United States Department of Justice;
(2) certification of the legally required
				  voter approval of the commission's final decision is received from the director
				  of elections or the appropriate municipal official; and
(3) 45 days have passed since presentation of
				  the commission's final decision on a legislative review petition was made to
				  the legislature and the legislature has not disapproved the decision.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.640 - Scheduling

Current through May 31, 2024
(a) The chair of the commission shall set or
				  amend the schedule for action on a petition.
(b) In a schedule under (a) of this section,
				  and except as provided by
				  3 AAC 110.590 for certain local action annexations, the
				  chair of the commission shall allow at least
(1) 49 days after the date of initial
				  publication or posting of notice of the filing of a petition, whichever occurs
				  first, for receipt by the department of a responsive brief or written comments
				  concerning the petition;
(2) 14
				  days after the date of service of a responsive brief on the petitioner for the
				  receipt by the department of a reply brief from the petitioner.
				  Contemporaneously with notice to the petitioner of the date for filing its
				  reply brief, the department shall provide notice to respondents and commentors
				  of that date;
(3) 28 days after the
				  date of mailing of a departmental preliminary report for receipt of written
				  summary comments to the department; and
(4) 21 days between the date of mailing of a
				  final report and the commission hearing on the petition.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.650 - Resubmittals and reversals

Current through May 31, 2024
Except upon a special showing to the commission of
					 significantly changed conditions, a petition will not be accepted for filing
					 that
(1) is substantially similar to a
				  petition denied by the commission during the immediately preceding three years;
				  for purposes of this paragraph, the three-year period will be measured from the
				  date that the denial is final at the agency level, including reconsideration,
				  or through the end of the appeal process, whichever is later;
(2) is substantially similar to a petition
				  rejected by the legislature or rejected by the voters during the immediately
				  preceding two years; or
(3)
				  requests a substantial reversal of a decision of the commission that first
				  became effective during the immediately preceding two years.
Authority:
Art. X, sec. 3,
AS 29.04.040
AS 29.05.100
AS 29.06.040
AS 29.06.090
AS 29.06.130
AS 29.06.450
AS 29.06.500
AS 44.33.812
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.660 - Purpose of procedural regulations; relaxation or suspension of procedural regulations

Current through May 31, 2024
The purpose of the procedural requirements set out in
					 3 AAC 110.400 -
					 3 AAC 110.700 is to facilitate the business of the
					 commission, and will be construed to secure the reasonable, speedy, and
					 inexpensive determination of every action and proceeding. Unless a requirement
					 is strictly provided for in the Constitution of the State of Alaska, AS 29, or
					 AS
					 44.33.810-44.33.849, the commission, by a
					 vote of at least three members, may relax or suspend a procedural regulation if
					 the commission determines that a strict adherence to the regulation would work
					 injustice, would result in a substantially uninformed decision, or would not
					 serve relevant constitutional principles and the broad public interest.
Authority:
Art. X, sec. 1,
AS 29.04.040
AS 29.05.100
AS 29.06.040
AS 29.06.090
AS 29.06.450
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.680 - Meetings

Current through May 31, 2024
(a) When providing public notice of a
				  commission meeting, the department shall include the date, time, and place of
				  the meeting, the general topics to be discussed or considered, and the
				  originating site of any teleconferencing facilities that will be used. If at
				  least three days remain before the date of the meeting, and unless
				  AS
				  44.33.818 or an applicable provision of this
				  chapter sets out a more stringent publication requirement, the department shall
				  publish notice of that meeting in a newspaper of general circulation in the
				  vicinity where the meeting will be held or teleconferenced. If time is
				  insufficient to arrange for publication of a complete notice as described in
				  this subsection, the department shall publish an abbreviated notice that
				  includes the date, time, and place of the meeting, the originating site of any
				  teleconferencing facilities that will be used, and a statement that additional
				  information regarding the meeting is available at the commission's offices and
				  on the commission's website. Before the date and time of the meeting, the
				  department shall
(1) post the complete notice
				  of the meeting on the commission's website;
(2) transmit the complete notice to
				  subscribers to the commission's electronic notice list;
(3) notify by telephone, electronic mail, or
				  facsimile transmission those persons whom the chair of the commission
				  determines to warrant notice by those means;
(4) mail or otherwise provide the complete
				  notice to each person who requests it; and
(5) mail or otherwise distribute notice as
				  directed by the commission chair.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.690 - Teleconference policy and procedures

Current through May 31, 2024
(a) If the
				  commission conducts a hearing by teleconference on a proposed boundary change,
				  at least two members shall attend the hearing in person within or near the
				  boundaries affected by the proposed change under consideration at the hearing.
				  The department shall reflect in the minutes of a meeting or hearing whether a
				  commission member attended in person or by teleconference.
(b) If the commission conducts a hearing or
				  meeting by teleconference, and teleconference access is arranged by the
				  department, the petitioner, respondent, witness, or other person convenienced
				  by teleconference attendance shall bear the cost of that person's
				  teleconferencing, except as provided by law, or unless otherwise ordered by the
				  commission.
(c) If the commission
				  conducts a meeting with a public teleconference site, agency materials that
				  will be considered at a public meeting will be made available at the
				  teleconference site or on the commission's website.
Authority:
Art. X, sec. 12,
AS 44.33.020
AS 44.33.810
AS 44.33.812
AS 44.33.814
AS 44.33.816
AS 44.33.826
Ak Const.
Art. X, sec. 14,
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.700 - Filing with the commission

Current through May 31, 2024
(a) The filing of
				  documents with the commission as allowed or required by this chapter or by
				  order of the commission is made by filing them with the commission staff at the
				  commission's offices. Unless otherwise required by this chapter or ordered by
				  the commission, documents may be filed by hand delivery, United States mail,
				  electronic mail, or facsimile transmission. The commission requests that a
				  document filed by electronic mail be in searchable portable document format
				  (.pdf).
(b) A document filed with
				  the commission is complete upon receipt of the entire document by the
				  commission. Filing that occurs in whole or in part after 4:30 p.m. is
				  considered to have occurred at the opening of business on the next day that is
				  not a Saturday, Sunday, or state holiday.
(c) For a document to be considered timely
				  filed under requirements of this chapter or an order of the commission, the
				  document must be filed with the commission on or before the deadline set under
				  (b) and (e) of this section. For good cause shown, the commission chair will
				  consider a request to accept a late-filed document.
(d) The original of a document served by
				  electronic mail or facsimile transmission must be submitted to the commission
				  within 10 days after the submission of the filing by either electronic
				  method.
(e) The time in which to
				  perform an act required or permitted under this chapter is computed by
				  excluding the first day and including the last, unless the last day is a
				  Saturday, Sunday, or state holiday. If the last day is a Saturday, Sunday, or
				  state holiday, that day is excluded and the act shall be performed on or before
				  the end of the next state business day.
Authority:
AS
						44.33.812