reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.200 - Alternative dispute resolution

Current through May 31, 2024
(a) Unless
				otherwise provided by statute, regulation, or written agreement, the parties
				may engage in alternative dispute resolution, using procedures to which the
				parties have agreed, if approved by an administrative law judge. Alternative
				dispute resolution may consist of any method designed to facilitate a mutually
				agreeable solution, including supervised or unsupervised negotiation,
				mediation, use of a neutral fact-finder, and settlement conferences.
(b) With the consent of the parties, an
				administrative law judge assigned to hear a case may postpone or continue a
				hearing for a specific time for alternative dispute resolution efforts, and may
				request that the chief administrative law judge assign another administrative
				law judge to oversee or conduct alternative dispute resolution efforts on one
				or more issues. If the chief administrative law judge assigns an administrative
				law judge to oversee or conduct alternative dispute resolution efforts, the
				time for preparation of a proposed decision under
				AS
				44.64.060(d) is suspended
				during the period set for alternative dispute resolution. The administrative
				law judge overseeing or conducting alternative dispute resolution efforts will
				require the parties to report on the status of those efforts at least once
				every 30 days. If alternative dispute resolution efforts do not succeed within
				the time set, or if the parties fail to timely report, the administrative law
				judge overseeing or conducting alternative dispute resolution efforts will
				notify the administrative law judge assigned to hear the case to schedule it
				for hearing.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.210 - Fast-track hearings

Current through May 31, 2024
(a) If an administrative hearing is subject
				to a statutory or regulatory deadline for the issuance of a decision, and that
				deadline is shorter than the deadline set in
				AS
				44.64.060, the hearing will be given
				scheduling priority as a fast-track hearing.
(b) An administrative law judge assigned to
				hear a fast-track hearing may use reasonable means consistent with due process
				of law to meet the statutory or regulatory deadline, including combined
				prehearing and hearing procedures, negotiated stipulations, accelerated
				briefing and discovery schedules, oral motions, and expedited alternative
				dispute resolution efforts.
(c) If
				at the time set for hearing or prehearing conference, the parties agree and the
				administrative law judge determines that the case is appropriate for
				alternative dispute resolution efforts, the assigned administrative law judge
				may oversee or conduct those efforts. If alternative dispute resolution efforts
				fail, and the administrative law judge determines that circumstances require a
				different person to hear the case, the administrative law judge will inform the
				chief administrative law judge and the chief will reassign the case.
As of Register 179 (October 2006), the regulations attorney
					 made a technical revision under
					 AS
					 44.62.125(b)(6), to
					 2 AAC 64.210(a).
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.220 - Prehearing conference

Current through May 31, 2024
(a) An administrative law judge may hold a
				prehearing conference if a conference will aid resolution of the case or the
				structuring of efficient and cost-effective proceedings. A prehearing
				conference may be scheduled by written or telephone notice to the parties or by
				written or oral agreement between the parties and the administrative law
				judge.
(b) At a prehearing
				conference, the administrative law judge may address
(1) simplification, clarification,
				consolidation, division, or limitation of issues;
(2) striking of immaterial issues;
(3) diversion of some or all issues for
				possible alternative dispute resolution;
(4) results of alternative dispute resolution
				efforts already undertaken;
(5)
				summary disposition of issues for which a material fact dispute does not
				exist;
(6) stipulations of facts
				and of the genuineness of documents;
(7) facts on which official notice will be
				taken;
(8) a discovery plan,
				including the exchange of documents and witness lists, and subpoena
				requirements;
(9) prehearing
				evidentiary issues, including
(A) use of
				affidavits instead of oral testimony; and
(B) objections to admission into the hearing
				record of written testimony, documents, papers, exhibits, or other submissions
				proposed by a party;
(10) deadlines for motions and responses to
				motions;
(11) scheduling of hearing
				and prehearing or posthearing matters, including closing argument;
				and
(12) any other matter that will
				aid in the fair, timely, efficient and cost-effective resolution of the
				administrative hearing.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.230 - Voluntary dismissal

Current through May 31, 2024
(a) At any time before the issuance of a
				proposed decision, a party who requested an administrative hearing may, without
				the consent of the other parties, voluntarily dismiss the case by providing
				written notice, or oral notice on the record during a prehearing conference or
				hearing, of the dismissal. Voluntary dismissal by the party under this section
				does not prohibit the agency or another party from exercising a right that may
				be available under law, including a right to a default hearing, to impose a
				penalty, or to enforce an agency order, if applicable.
(b) After a proposed decision has been
				issued, a party who requested the administrative hearing may voluntarily
				dismiss a case only with the consent of the other parties and the final
				decision-maker.
(c) An agency party
				may, by motion, request dismissal of an administrative hearing. The
				administrative law judge may grant the motion if, within the time allowed under
				2 AAC 64.270 for a response, the party who requested the
				hearing consents in writing or orally on the record or fails to oppose
				dismissal.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.240 - Documents exchange, discovery, and subpoenas

Current through May 31, 2024
(a) The
				administrative law judge may require the parties to exchange documents to be
				offered as exhibits at the hearing and to exchange and file exhibit lists and
				witness lists before the hearing.
(b) The parties may not take depositions,
				serve interrogatories, requests for admission, or requests for production of
				documents, or otherwise engage in prehearing discovery unless
(1) an applicable statute or regulation
				allows discovery;
(2) the
				administrative law judge approves a discovery plan stipulated to by the
				parties; or
(3) the administrative
				law judge finds good cause for the discovery and issues an order describing the
				nature and scope of discovery allowed.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.250 - Summary adjudication

Current through May 31, 2024
(a) A party may, by motion, request summary
				adjudication on one or more of the issues in an administrative hearing if a
				genuine dispute does not exist between the parties on an issue of material
				fact. The motion may be filed in writing as provided in a prehearing order or
				may be made orally, on the record, at the hearing. On a written motion, the
				other parties may respond in writing within the time set by
				2 AAC 64.270 unless the administrative law judge orders
				another time or manner of response. On an oral motion, the other parties may
				respond within the time and in the manner prescribed by the administrative law
				judge. The administrative law judge may deny a motion made at or shortly before
				the hearing if the other parties cannot be given an adequate opportunity to
				respond without unduly delaying the hearing or the timely resolution of the
				case.
(b) If a motion for summary
				adjudication is supported by an affidavit or other documents establishing that
				a genuine dispute does not exist on an issue of material fact, to defeat the
				motion a party may not rely on mere denial but must show, by affidavit or other
				evidence, that a genuine dispute exists on an issue of material fact for which
				an evidentiary hearing is required.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.260 - Hearings

Current through May 31, 2024
(a) An administrative law judge may order
				that an administrative hearing be conducted through one or a combination of the
				following methods, unless another method is prescribed by law or by the
				agreement governing a voluntary case referral:
(1) on motions with oral argument;
(2) on the written record and briefs or other
				correspondence, with or without oral argument;
(3) in an evidentiary hearing.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.270 - Motions

Current through May 31, 2024
(a) A party may, by motion, request a ruling
				or order from the administrative law judge on a procedural, evidentiary, or
				legal issue. A motion may be made in writing, if served on the other parties,
				or orally, if on the record, during a hearing or a prehearing conference. A
				non-moving party may respond to a motion. Within 15 days after service of the
				motion, and except as provided in (b) of this section or in an order of the
				administrative law judge, a party's response to a written motion must be filed
				with the administrative law judge and served on the other parties. A response
				to an oral motion must be made in the time and manner that the administrative
				law judge prescribes. The party who made the motion may not reply to a response
				unless the administrative law judge orders a reply.
(b) A party may file a motion to dispose of
				an administrative hearing without an evidentiary hearing, including a motion
(1) for summary adjudication under
				2 AAC 64.250;
(2) to dismiss an administrative hearing for
				grounds allowed by law;
(3) to
				remand a case to the agency whose decision was contested; or
(4) for voluntary dismissal under
				2 AAC 64.230.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.280 - Oral argument

Current through May 31, 2024
(a) If the parties have agreed, or the
				prehearing order has established, that an administrative hearing will be
				decided on a written motion or on the written record and briefs, the
				administrative law judge will hear oral argument upon a written request of a
				party that is filed within three days after service of the last brief allowed
				to be filed or as provided in a prehearing order.
(b) Oral argument on a motion that is not
				covered in (a) of this section is at the discretion of the administrative law
				judge.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.290 - Evidence

Current through May 31, 2024
(a) The administrative law judge may
(1) admit evidence of the type on which a
				reasonable person might rely in the conduct of serious affairs;
(2) refuse to admit evidence that is unduly
				repetitious; and
(3) exclude any
				documentary, testimonial, or physical evidence that was not disclosed as
				required in an approved discovery plan or by a discovery order, unless the
				failure to disclose was due to
(A)
				surprise;
(B) the new discovery of
				evidence that could not have been disclosed sooner through the exercise of due
				diligence;
(C) the misconduct of
				another party; or
(D) discovery,
				after the deadline for the disclosing evidence, of evidence that rebuts another
				party's evidence.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.300 - Official notice

Current through May 31, 2024
(a) If a fact may be judicially noticed by
				the courts of the state, an administrative law judge may take official notice
				of that fact by informing the parties of, and referring in the administrative
				hearing record to, the fact that the administrative law judge intends to
				officially notice. The administrative law judge, on the request of a party,
				will give the party a reasonable opportunity to present evidence or authority
				to refute the officially noticed facts.
(b) Nothing in this section precludes the
				final decision-maker from taking official notice of a generally accepted
				technical or scientific matter within the final decision-maker's special
				expertise if allowed by law.
As of Register 182 (July 2007), the regulations attorney
					 made a technical revision under
					 AS
					 44.62.125(b)(6), to the
					 section heading for
					 2 AAC 64.300.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.310 - Supplementation of the record

Current through May 31, 2024
Before the administrative law judge issues a proposed or
				  final decision, the administrative law judge may allow a party to supplement
				  the record for good cause shown, if another party does not object or, upon
				  objection, is afforded a reasonable opportunity to refute the supplemental
				  evidence.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.320 - Failure to participate

Current through May 31, 2024
(a) If a party who filed a notice of appeal
				or request for hearing fails to participate in a proceeding, the administrative
				law judge may order or propose the dismissal of the case or the affirmation of
				the decision contested.
(b) If an
				agency decision is the subject of an administrative hearing, and the agency
				representative fails to participate in a proceeding, the administrative law
				judge may find contested facts against the agency and may, if consistent with
				the law and the record,
(1) decide the case,
				or propose that the case be decided, in favor of the party who filed the notice
				of appeal or hearing request; and
(2) order or propose appropriate
				relief.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.330 - Proposed findings and conclusions

Current through May 31, 2024
An administrative law judge may allow or require the parties
				  to submit proposed findings of fact and conclusions of law and may use them as
				  an aid in the decision-making process. An administrative law judge need not
				  issue a ruling accepting or rejecting proposed findings and
				  conclusions.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.340 - Decisions

Current through May 31, 2024
(a) Unless an administrative hearing is
				exempted by statute from the hearing procedures in
				AS
				44.64.060, the administrative law judge
				assigned to hear a case shall issue a proposed decision as provided in
				AS
				44.64.060(d) and (e). The
				office will distribute a copy of the proposed decision to the parties and final
				decision-maker.
(b) A party may
				request that the final decision-maker take an action listed in
				AS
				44.64.060(e). The request
				must be filed within 10 days after distribution in a fast-track hearing and
				within 20 days after distribution in another administrative hearing. The
				request must state the basis for the action requested. A final decision-maker
				may not issue a final decision until the time allowed for a request under this
				subsection has expired, unless each of the parties has filed, or waived the
				right to file, a request.
(c) A
				final decision-maker shall transmit a final decision to the office and the
				office will distribute it to the parties, unless a statute requires
				differently. If a statute requires that a final decision-maker distribute the
				final decision to the parties, the final decision-maker must distribute it to
				the office at the same time.
(d) An
				administrative law judge may, by stipulation of the parties or upon a motion
				under 2 AAC 64.270, remand a matter to
				the agency whose decision is contested, unless otherwise required by statute.
				If the ability of the party who initiated the administrative hearing to pursue
				the administrative hearing following the action on remand is preserved, a
				proposed or final decision under this section or
				AS
				44.64.060 need not accompany the remand
				order. If a remand order has the effect of concluding the administrative
				hearing, the requirements in
				AS
				44.64.060 and this section for a proposed or
				final decision apply. Nothing in this subsection interferes with a statutory
				requirement for final decision-maker approval of a remand
Authority:
AS
					 44.64.020
AS 44.64.060
AS
					 44.64.090
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.350 - Reconsideration

Current through May 31, 2024
(a) Before action by the final
				decision-maker, reconsideration to correct typographical or other manifest
				errors in a proposed decision may be requested by a party and granted by the
				administrative law judge.
(b) A
				final decision-maker may not reconsider a final decision issued after an
				administrative hearing subject to
				AS
				44.64.060, except to correct typographical or
				other manifest errors, unless a statute provides for reconsideration.
(c) A final decision-maker may reconsider a
				final decision issued after an administrative hearing not subject to
				AS
				44.64.060 as provided in statute or
				regulation.
(d) The procedure for
				reconsideration is as provided in the statute or regulation authorizing
				reconsideration. A party who requests reconsideration shall provide a copy of
				the request to the office.
Authority:
AS
					 44.64.020
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.360 - Sanctions

Current through May 31, 2024
(a) If a party fails to comply with an order,
				including an order to provide documents or information to another party, the
				administrative law judge may impose an appropriate sanction, proportionate to
				the party's conduct, including denial of a motion or other request, denial of
				the admission of evidence into the hearing record, or dismissal of the case. An
				administrative law judge may not impose costs or attorneys fees as a sanction,
				except as provided in (b) of this section.
(b) If
				AS
				44.64.040(b) or another
				statute or regulation allows, an administrative law judge may order a party, a
				party's attorney, or other authorized representative to pay reasonable expenses
				to a party if the administrative law judge, after providing notice and an
				opportunity to be heard to the person, finds that expenses were incurred
				because the person acted in bad faith or used tactics frivolously or solely to
				cause unnecessary delay. The administrative law judge may require the party who
				incurred the expenses to provide proof of the amount and the reason for an
				expenditure, but shall require proof of an attorney's work, time, and fees
				before ordering payment of attorney fees to a party. The administrative law
				judge may require other parties to the sanction proceedings to submit evidence
				of attorney time and fee details for use in determining the reasonableness of
				the fees sought. In the order, the administrative law judge will make specific
				findings of the reason for the sanction and the basis for the amount to be
				paid.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.370 - Administrative hearing record

Current through May 31, 2024
(a) The record for
				the administrative hearing consists of the
(1)
				referral documents submitted to the office under
				2 AAC 64.120;
(2) agency record or the agreed portion of
				that record, if the administrative hearing is a contest of, or appeal from, an
				agency decision;
(3) documents and
				exhibits filed for consideration by the administrative law judge in the
				case;
(4) recordings of oral
				proceedings before the administrative law judge, including
(A) a recording of a prehearing conference,
				oral argument, or evidentiary hearing; and
(B) the transcripts of recordings prepared at
				the direction, or with the consent, of the office or a court and filed with the
				office;
(5) the written
				orders and decisions, including a proposed decision and final decision as
				required in
				2 AAC 64.340, prepared by the administrative law judge
				and the final decision-maker; and
(6) the recordings of oral proceedings, and
				the transcripts of recordings prepared at the direction, or with the consent,
				of the office or a court and filed with the office, except that recordings of
				privileged or confidential deliberations on a decision by the final
				decision-maker may not be included in the administrative hearing record unless
				ordered by a court.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 3 - General Provisions › 2 AAC 64.900 - Time computations

Current through May 31, 2024
(a) 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 unless an extension of time is granted.
(b) Whenever an act required or permitted by
				this chapter is performed in response to a notice or other document that has
				been served by mail upon a party or the party's representative, three days are
				added to the period computed under (a) of this section.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 3 - General Provisions › 2 AAC 64.910 - Adjustment of deadlines

Current through May 31, 2024
Except as provided in
				  AS
				  44.64.060 or another statute, as applicable,
				  the administrative law judge, for good cause shown or with the agreement of the
				  parties, may shorten or extend a deadline established in this chapter or in an
				  agency regulation.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 3 - General Provisions › 2 AAC 64.920 - Method of filing and service

Current through May 31, 2024
(a) A document
				required to be filed under this chapter or by order of an administrative law
				judge must be filed by first-class mail or personal delivery, unless a statute
				or order of the administrative law judge requires another method. A party shall
				serve the other parties, directly or through the party's attorney, with legible
				copies of documents and exhibits filed with the office. A copy of the agency
				record and the case referral documents submitted as provided in
				AS
				44.64.060(b) and
				2 AAC 64.120 need not be served on the parties unless
				required by statute or agreement.
(b) A document required to be served must be
				served by first-class mail or personal delivery, unless a statute, or order of
				the administrative law judge, requires a different manner of service. The
				serving party shall show proof of service by including on, or attaching to, the
				document a statement identifying the persons served and the date and manner of
				service used.
(c) If a party is
				represented by an attorney in the case before the office, service must be made
				upon the attorney. Service on an attorney constitutes service on all of the
				parties represented by the attorney.
(d) If a person is entitled by law to
				participate in a case and to service of documents, but cannot be served
				directly because an agency party is prohibited from disclosing the person's
				address, a party may serve the person by first-class mail, personal delivery,
				or other method allowed in a statute or order of the administrative law judge,
				in care of the agency party. The party shall indicate in the proof of service
				that the person was served at the agency. The agency party shall forward the
				document served to the person.
(e)
				Filing or service of a document by mail is timely if the postmark indicates the
				document was mailed on or before the date due, unless an order issued by the
				office provides that filing or service is effective on receipt.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 3 - General Provisions › 2 AAC 64.930 - Form of filings

Current through May 31, 2024
(a) An original paper filed with the office
				must be on eight and one-half by eleven inch white paper, and must be
				typewritten or printed mechanically, unless the paper is a form that was
				provided by an agency and completed in handwriting or the party filing the
				paper is unrepresented and does not have access to a typewriter or computer
				printer. An unrepresented party without access to a typewriter or computer
				printer may submit handwritten original papers. A paper, whether an original or
				copy, filed with the office must be legible.
(b) An exhibit filed with the office must be
				marked with the name of the party filing it and exhibit number, unless
				otherwise ordered by the administrative law judge, and its pages must be
				numbered consecutively.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 3 - General Provisions › 2 AAC 64.940 - Contact information

Current through May 31, 2024
(a) A party to an administrative hearing, and
				the party's representative, shall keep the office and the other parties
				informed of the party's and representative's current contact information,
				including mailing address, telephone number, facsimile number, and electronic
				mail address, if any.
(b) A person
				who makes a complaint under
				2 AAC 64.070 shall keep the office informed of the
				person's current contact information, including mailing address, telephone
				number, facsimile number, and electronic mail address, if any, until the person
				receives written notice of dismissal or referral of the complaint to the
				attorney general. Failure to keep the office informed of current contact
				information may result in dismissal of the complaint if the failure interferes
				with the investigation into the complaint.
Authority:
AS
					 44.64.020
AS 44.64.040
AS 44.64.050
AS 44.64.060
AS
					 44.64.070
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 3 - General Provisions › 2 AAC 64.950 - Confidentiality

Current through May 31, 2024
(a) A document filed with or prepared by the
				office in an administrative hearing is confidential only as provided by law or
				court order. An agency or other party filing a confidential document shall
				provide written notice to the administrative law judge and the other parties of
				the confidentiality of the document and the law or court order requiring
				confidentiality.
(b) An
				administrative law judge assigned to hear an administrative hearing, or to
				oversee or conduct alternative dispute resolution, may order the parties to
				file documents under seal and keep them confidential if confidentiality is
				required by law. An administrative law judge will close all or a portion of a
				proceeding to the public if necessary to prevent disclosure of confidential
				information, and may close all or a portion of a proceeding to the public to
				protect the privacy of a non-party witness.
(c) A complaint under
				2 AAC 64.070 of a violation of
				2 AAC 64.010 -
				2 AAC 64.050, and consideration of the complaint under
				2 AAC 64.080, is confidential until final action by the
				attorney general, if the complaint is referred to the attorney general, or by
				the chief administrative law judge, if it was not, unless a court order or an
				agreement between the complaining person and the hearing officer or
				administrative law judge named in the complaint requires disclosure. However,
				the office will provide a copy of the complaint to the hearing officer or
				administrative law judge who is the subject of the complaint.
(d) An administrative law judge may not admit
				into the record, or rely upon in reaching a proposed or final decision, a
				document required by law to be kept confidential unless the document is
				available to the parties or unless the administrative law judge can provide a
				party without access an alternate means of using or refuting the facts
				evidenced by the document that is consistent with principles of fairness and
				due process.
(e) Nothing in this
				section prohibits the office from publishing the decisions of the office or
				reporting on complaints alleging violations of
				2 AAC 64.010 -
				2 AAC 64.050 if the office can protect against
				disclosure of confidential information by means that include using pseudonyms,
				redacting identifiers or confidential information, and generalizing information
				to conceal private or confidential details.
Authority:
AS
					 44.64.020
AS 44.64.040
AS 44.64.060
AS 44.64.070
AS 44.64.080
AS
					 44.64.090
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.005 - Application of chapter

Current through May 31, 2024
The provisions of this chapter apply to the boat registration,
				numbering, and titling system established under AS 05.25.
Authority:
AS
				  05.25.055
AS
				  05.25.056
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.010 - Principal use

Current through May 31, 2024
The owner of a boat, except a boat exempt from the registration
				and numbering provisions of this chapter under
				AS
				05.25.055(i), must register
				that boat under this chapter if this state is the state of principal use for
				that boat. The owner of a boat may not register a boat in this state under this
				chapter if the water of the state is not the state of principal use for that
				boat.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.020 - Boat number required

Current through May 31, 2024
(a) Except for a
			 boat that is exempt from the provisions of this chapter under
			 AS
			 05.25.055(i) or operating
			 under a temporary certificate of number authorized under
			 2 AAC 70.150, a person may not operate a boat with
			 mechanical propulsion that is required to be registered unless
(1) it has a boat number issued on a
			 certificate of number by the department; and
(2) the boat number is displayed as described
			 in 2 AAC 70.030.
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.030 - Boat numbers: display; size; color

Current through May 31, 2024
(a) A boat number
			 issued under
			 2 AAC 70.020 must
(1)
			 be painted on or permanently attached to each side of the forward half of the
			 boat, except as provided in (b) - (d) of this section;
(2) be in plain vertical block characters no
			 less than three inches high;
(3)
			 contrast with the color of the background and be clearly visible and
			 legible;
(4) have spaces or hyphens
			 that are equal to the width of a letter other than "I" or number other than "1"
			 between the letter and number groupings (example: AK 5678 EF or AK-5768-EF);
			 and
(5) read from left to
			 right.
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.040 - Transfer of boat number prohibited

Current through May 31, 2024
Except for a boat number issued to a boat dealer or
				manufacturer, it is prohibited to transfer the assigned boat number to another
				boat.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.050 - Other boat numbers prohibited

Current through May 31, 2024
A person may not operate a boat under this chapter that
				displays on its forward half a boat number that is not issued by the department
				or by another state for that boat.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.060 - Removal of boat number

Current through May 31, 2024
The person whose name appears on a certificate of number as the
				owner of a boat shall remove the number and validation sticker from the boat
				when
(1) the boat is documented by the
			 United States Coast Guard; or
(2)
			 this state is no longer the state of principal use for the boat.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.070 - Registration validation sticker

Current through May 31, 2024
(a) A person may
			 not operate a boat with mechanical propulsion that has a boat number issued by
			 the department unless it has a current validation sticker issued with the
			 certificate of number displayed within six inches of the boat number on each
			 side of the boat.
(b) Repealed
			 7/1/2006.
(c) Only the current
			 validation sticker may be displayed. The owner must cover or remove an expired
			 validation sticker.
(d) The year
			 that a validation sticker expires will be indicated by the colors blue,
			 international orange, green, and red, in rotation, beginning with blue for
			 stickers that expire in 2001.
(e)
			 Under this section the department will issue a validation sticker that is
			 approximately three inches by three inches in size.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.080 - Hull identification number

Current through May 31, 2024
(a) A hull
			 identification number is required for a boat registered under this
			 chapter.
(b) It is unlawful to
			 remove, alter, deface, destroy, or otherwise make illegible a hull
			 identification number.
(c) The
			 department may assign a hull identification number to a boat if the number has
			 been altered, removed, obliterated, defaced, omitted, or is otherwise missing.
			 A hull identification number assigned by the department will consist of the
			 letters "AKZ" followed by the first five characters of the assigned boat number
			 followed by four characters indicating the month and year the boat is
			 registered or the year of manufacture, if the year of manufacture is
			 known.
(d) The owner of a boat that
			 has been assigned a hull identification number by the department under this
			 section shall carve, burn, stamp, emboss, or otherwise permanently affix the
			 identification number in characters at least one-quarter inch high to the
			 outboard side of the starboard side of the transom, or, if there is no transom,
			 to the outermost starboard side of the hull that bears the rudder or other
			 steering mechanism and above the waterline in a manner that any alteration,
			 removal, or replacement would be obvious.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.090 - Certificate of number required

Current through May 31, 2024
(a) A person may
			 not operate a boat under this chapter on water of the state unless it has on
			 board
(1) a valid certificate of number for
			 that boat issued by the department;
(2) a temporary certificate of number for
			 that boat authorized under
			 2 AAC 70.150; or
(3) for a boat described in (b) of this
			 section, a copy of the lease or rental agreement, signed by the owner, or the
			 owner's authorized representative, and by the person leasing or renting the
			 boat that contains at least
(A) the boat
			 number that appears on the certificate of number;
(B) the hull identification number;
			 and
(C) the period of time for
			 which the boat is leased or rented.
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.095 - Certificate of title required

Current through May 31, 2024
(a) The owner of an
			 undocumented boat that is more than 24 feet in length and subject to
			 registration and numbering in this state under AS 05.25.055 shall apply to the
			 department for a certificate of title for the boat.
(b) The owner of an undocumented boat that is
			 24 feet or less in length may apply to the department for a certificate of
			 title for the boat.
Authority:
AS
				  05.25.055
AS
				  05.25.056
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.100 - Application for certificate of registration, number and title

Current through May 31, 2024
(a) A person who is the owner of a boat
			 required to be registered under
			 AS
			 05.25.055 and this chapter may apply for a
			 certificate of registration, number, or title for that boat by submitting to
			 the department
(1) an application on a form
			 and in a manner prescribed by the department; and
(2) the applicable fee required under
			 AS
			 05.25.096.
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.110 - Contents of application for certificate of registration, number and title

Current through May 31, 2024
(a) An application submitted for a
			 certificate of registration, number, or title must contain the following
			 information:
(1) the name of the owner and the
			 owner identifier consisting of
(A) the
			 owner's tax identification number or date of birth; and
(B) the driver's license number of the
			 owner;
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.130 - Certificate of number for a boat dealer or manufacturer

Current through May 31, 2024
(a) In addition to
			 the requirements of
			 2 AAC 70.110, in order to receive a boat dealer or
			 manufacturer certificate of number, a boat dealer or manufacturer must have an
			 established place of business in the state for the sale, trade, and display of
			 its boats and the application for a certificate of number must include that
			 address.
(b) The department may
			 revoke the boat number and certificate of number issued to a boat dealer or
			 manufacturer under the administrative procedures described in
			 AS
			 28.05.121-28.05.141 if a boat displaying the
			 dealer's or manufacturer's number is used for a purpose not connected with the
			 demonstration of the boat.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.140 - Contents of certificate of number

Current through May 31, 2024
(a) Except as
			 provided in (b) - (d) of this section, a certificate of number will contain the
			 following information:
(1) the number issued
			 to the boat;
(2) the expiration
			 date of the certificate;
(3) the
			 state of principal operation;
(4)
			 the name of the owner;
(5) the
			 address of owner, including the zip code;
(6) whether the primary operation of the boat
			 is for pleasure, rent or lease, boat dealer or manufacturer demonstration,
			 commercial passenger carrying, commercial fishing, or other commercial
			 use;
(7) the manufacturer's hull
			 identification number;
(8) the make
			 and model of the boat;
(9) the year
			 when the boat was manufactured or the model year;
(10) the overall length of the
			 boat;
(11) whether the vessel type
			 is an air boat, auxiliary sail, open motorboat, cabin motorboat, houseboat,
			 inflatable boat, paddlecraft, personal watercraft, pontoon boat, rowboat, sail
			 only, or other type;
(12) the hull
			 material;
(13) whether the
			 propulsion type, if powered, is air thrust, manual, propeller sail, water jet,
			 or other;
(14) whether the engine
			 drive type is inboard, outboard, pod drive, sterndrive, or other;
(15) whether the fuel is gasoline, diesel, or
			 electric.
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.145 - Contents of certificate of title

Current through May 31, 2024
(a) A certificate
			 of boat title issued by the department must contain
(1) the date issued;
(2) the name, residence and mailing address
			 of the owner;
(3) the name and
			 address of the primary lienholder, if any;
(4) a description of the boat including its
			 make, year of manufacture or construction, hull identification number;
			 and
(5) other information
			 reasonably required by the department.
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.150 - Temporary certificate of number

Current through May 31, 2024
A copy of the application for certificate of number submitted
				to the department may be used as a temporary certificate of number for no more
				than 60 days. A temporary certificate of number becomes invalid when the owner
				receives the certificate of number from the department or after 60 days from
				when the application was submitted to the department, whichever occurs
				first.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.160 - Transfer of certificate of number

Current through May 31, 2024
When a boat registered under this chapter is transferred to a
				new owner, the new owner must submit an application to the department for a
				certificate of number within 30 days from the date that the boat was
				transferred.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.170 - Duplicate certificate of number

Current through May 31, 2024
If a certificate of number is lost or destroyed, the person
				whose name appears on the certificate as the owner of the boat may apply for a
				duplicate certificate by submitting to the department
(1) an application on a form or in a manner
			 prescribed by the department; and
(2) the applicable fee required under
			 AS
			 05.25.096.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.180 - Inspection and location of certificate of number

Current through May 31, 2024
(a) A person
			 operating a boat on water of the state shall present the certificate of number
			 for that boat, or a lease or rental agreement described in
			 2 AAC 70.090, to any federal, state, or local peace
			 officer for inspection at the officer's request.
(b) A person may not operate a boat on water
			 of the state unless the certificate of number or a lease or rental agreement
			 described in
			 2 AAC 70.090 is carried on board the boat in a manner
			 that it can be presented to a peace officer under (a) of this
			 section.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.200 - Notification to department

Current through May 31, 2024
A person whose name appears as the owner of a boat on a
				certificate of registration, number, or title shall, within 30 days, notify the
				department in writing of
(1) any
			 change in address;
(2) the theft or
			 recovery of the boat;
(3) the loss
			 or destruction of a valid certificate of registration, number, or
			 title;
(4) the transfer of all or
			 part of the owner's interest in the boat; and
(5) the destruction or abandonment of the
			 boat.
Authority:
AS
				  05.25.055
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.210 - Surrender of certificate of registration, number, and title

Current through May 31, 2024
A person whose name appears as the owner of a boat on a
				certificate of registration, number, and title shall surrender the certificate
				by mailing or delivering the certificate to any office of the division within
				30 days after it becomes invalid under
				2 AAC 70.220(b) -
				(e).
Authority:
AS
				  05.25.055
AS
				  05.25.056
AS
				  05.25.095
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.220 - Validity of certificate of number

Current through May 31, 2024
(a) Except as
			 provided in (b) - (e) of this section, a certificate of number is valid until
			 the date of expiration prescribed by the department.
(b) A certificate of number issued by the
			 department is invalid after the date when
(1)
			 the boat is documented or required to be documented under C.F.R. 46, Part 67,
			 as revised as of October 1, 1999;
(2) the person whose name appears on the
			 certificate of number as owner of the boat transfers all of that person's
			 ownership in the boat; or
(3) the
			 boat is destroyed or abandoned.
Alaska Administrative Code › Title 2 - Administration › Chapter 70 - Boat Registration › 2 AAC 70.230 - Records of the department

Current through May 31, 2024
(a) Unless
			 considered confidential by law, a certified or uncertified copy of a boat
			 record under
			 AS
			 05.25.055 is available during regular
			 business hours upon request and payment of a reasonable fee equal to the cost
			 to the department to produce the record. For the purposes of this subsection,
			 "regular business hours" means 8:30 a.m. to 4:30 p.m. Monday through Friday,
			 except for state holidays.
(b) A
			 record of an application for boat title when the boat is titled and registered,
			 or a registration when the boat is not titled, and records of the denial,
			 suspension, or revocation of the title will be retained by the department for a
			 period of 15 years following entry into the title history or registration file
			 for a boat. After the 15-year period, the department may destroy under AS 40.21
			 a record with no further activity.
(c) A copy of an individual boat record or a
			 boat registration list may be obtained upon request and payment of fees as
			 follows:
(1) single boat record, $
			 10;
(2) electronic record,
			 $5;
(3) boat registration list, $50
			 minimum fee for the first 1, 000 records and an additional $.05 for each record
			 after the first 1, 000 records.