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 110.480 - Responsive briefs and written comments

Current through May 31, 2024
(a) If an
				  interested person seeks to participate as a respondent to a petition, that
				  person must have the capacity to sue and be sued and must file with the
				  department an original and five complete copies of a responsive brief
				  containing facts and analyses favorable or adverse to the petition. If the
				  respondent is a group, the group shall designate one person to represent the
				  group. A responsive brief must provide the physical address of the place of
				  residence and mailing address of the respondent or the respondent's
				  representative, and must provide the telephone number, facsimile number, and
				  electronic mail address, if any, for the respondent or respondent's
				  representative. Copies of the responsive briefs, including maps and other
				  exhibits, must conform to the original in color, size, and other distinguishing
				  characteristics. The respondent shall provide the department with a copy of the
				  responsive brief in an electronic format, unless the department waives this
				  requirement because the respondent lacks a readily accessible means or the
				  capability to provide items in an electronic format.
(b) The responsive brief, and any companion
				  exhibits, must be filed with an affidavit by the respondent that, to the best
				  of the respondent's knowledge, information, and belief, formed after reasonable
				  inquiry, the responsive brief and exhibits are founded in fact and are not
				  submitted to harass or to cause unnecessary delay or needless expense in the
				  cost of processing the petition.
(c) A responsive brief must be received by
				  the department in a timely manner in accordance with
				  3 AAC 110.640. A responsive brief must be accompanied by
				  an affidavit stating that two copies of the brief have been served on the
				  petitioner by regular mail, postage prepaid, or by electronic mail, facsimile
				  transmission, or hand delivery.
(d)
				  An interested person may file with the department written comments supporting
				  or opposing the petition. The department shall request that the commentor
				  either serve a copy of the comments on the petitioner and file a statement on
				  or with the comments that service was made on the petitioner or notify the
				  department of an inability to serve comments on the petitioner. If the
				  department receives comments without a statement that they were served on the
				  petitioner, the department shall provide promptly a copy of the written
				  comments to the petitioner by hand-delivery, electronic mail, facsimile, or
				  postage-prepaid mail. If the written comments, including attachments, exceed 20
				  pages or if they include colored materials or materials larger than 11 inches
				  by 17 inches, the commentor shall provide an additional five complete sets of
				  the written comments to the department. Copies of the written comments,
				  including attachments, must conform to the original in color, size, and other
				  distinguishing characteristics. Written comments must be received by the
				  department in a timely manner in accordance with
				  3 AAC 110.640.
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.