reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.440 - Interest; use of bonding pool

Current through May 31, 2024
(a) No miner or
				  surety is entitled to receive interest on any sum deposited into the bonding
				  pool.
(b) The bonding pool,
				  including any accrued interest, may be used by the department only to pay the
				  reclamation costs that have not been paid by the miner or the miner's surety
				  despite the department's reasonable efforts to recover the costs from the miner
				  and the miner's surety. Reclamation funded from the bonding pool will be
				  performed to the standard of
				  AS
				  27.19.020 and
				  11 AAC 97.200 -
				  11 AAC 97.250. The commissioner
				  will, in his or her discretion, use money in the bonding pool for reclamation
				  in accordance with AS 27.19, except that the commissioner will not use a
				  refundable deposit to fulfill another miner's reclamation obligation. The
				  commissioner has no obligation or authority under AS 27.19 to undertake
				  reclamation expenditures beyond the disbursable balance of the bonding
				  pool.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.445 - Assignment

Current through May 31, 2024
If a miner assigns his or her interest in any uncompleted
					 mining operation, and the commissioner has amended the reclamation plan to
					 reflect the transfer and released the assignor in accordance with
					 11 AAC 97.350, the commissioner
					 will transfer the assignor's bonding pool deposit and annual nonrefundable
					 bonding pool fee to the assignee upon the written request of the assignee and
					 written consent of the assignor.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.450 - Exception to bonding requirement

Current through May 31, 2024
No bond is required under
					 AS
					 27.19.040 and
					 11 AAC 97.400 if the miner is an
					 agency of the State of Alaska or federal government or is a
					 municipality.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 5 - Exemptions for Small Operations › 11 AAC 97.510 - Annual reclamation statement

Current through May 31, 2024
(a) The annual
				  reclamation statement required by
				  AS
				  27.19.050(c) must be filed
				  on a form provided by the department and must include photographs or videotapes
				  dated and described as to location, or other information acceptable to the
				  commissioner, documenting that the reclamation was completed. It must also
				  state the cumulative total of unreclaimed acreage.
(b) The annual reclamation statement must be
				  filed or postmarked by December 31 for each calendar year.
(c) A miner who files a letter of intent must
				  file an annual reclamation statement, even if no mining took place during that
				  year.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 6 - Violations and Penalties › 11 AAC 97.600 - Failure to file reclamation statement

Current through May 31, 2024
A miner who fails to file an annual reclamation statement
					 in accordance with
					 11 AAC 97.510 may not continue or
					 resume that mining operation without an approved reclamation plan and a bond.
					 The miner may restore the exemption by fully complying with
					 11 AAC 97.510(a) and (c). Until the miner supplies the
					 documentation required by those subsections, a rebuttable presumption is
					 established that the miner has failed to reclaim the mining operation to the
					 standards of AS 27.19 and this chapter.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 6 - Violations and Penalties › 11 AAC 97.610 - Failure to meet requirements or reclaim small operation

Current through May 31, 2024
The penalties stated in
					 AS
					 27.19.050(d) apply if a
					 miner who obtained an exemption under
					 AS
					 27.19.050(a) exceeds the
					 acreage or cubic yardage limits of that subsection, or if the commissioner
					 determines that the miner has failed to reclaim the mining operation to the
					 standards of AS 27.19 and this chapter. These penalties apply regardless of
					 where the miner's subsequent mining operation occurs.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.050
AS
						27.19.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 6 - Violations and Penalties › 11 AAC 97.620 - Violation of reclamation plan

Current through May 31, 2024
AS 27.19.040(c)
					 applies to a participant in the statewide bonding pool in the same way as to a
					 miner who has filed an individual performance bond. Under the circumstances set
					 out in AS
					 27.19.040(c), a statewide
					 bonding pool participant's bonding pool deposit will become
					 nonrefundable.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.030
AS 27.19.040
AS
						27.19.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 6 - Violations and Penalties › 11 AAC 97.630 - Administrative determination of violation

Current through May 31, 2024
If, after the commissioner issues a written order to a
					 miner, the miner fails to correct a violation of AS 27.19 or this chapter
					 within the period set by the commissioner, the commissioner will, in his or her
					 discretion, serve an accusation in accordance with
					 AS
					 44.62.360, and
					 44.62.380 and will conduct further
					 proceedings in accordance with
					 AS
					 44.62.330-44.62.650.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.070
AS
						27.19.080
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 6 - Violations and Penalties › 11 AAC 97.640 - Reclamation risk assessment fee

Current through May 31, 2024
(a) The reclamation
				  risk assessment fee required by
				  AS
				  27.19.070(c) applies to a
				  miner who has had any portion of his or her bonding pool deposit become
				  nonrefundable, in the same way as it applies to a miner who has forfeited a
				  reclamation bond or has been held liable in a civil action. The requirement
				  applies to any future mining operation by that miner, regardless of location,
				  for the period set out in (d) of this section.
(b) The reclamation risk assessment fee
				  required by
				  AS
				  27.19.070(c) must be
				  tendered to the department in the form of a performance bond meeting the
				  requirements of
				  11 AAC 97.405 or
				  11 AAC 97.410. The miner may not
				  participate in the statewide bonding pool to meet this requirement.
(c) The reclamation risk assessment fee is
				  required in addition to, not instead of, the bonding requirements of this
				  chapter.
(d) The reclamation risk
				  assessment fee will be refunded to the miner after two consecutive years of
				  mining operations in complete compliance with AS 27.19, this chapter, and the
				  approved mining reclamation plan then in effect for that miner.
(e) If a miner who has posted a reclamation
				  risk assessment fee is determined to be in violation of AS 27.19, this chapter,
				  or an approved reclamation plan, the reclamation risk assessment fee will be
				  forfeited to the statewide bonding pool.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 7 - Cooperative Management Agreements › 11 AAC 97.700 - Cooperative agreements

Current through May 31, 2024
(a) Upon a written finding that the state's
				  best interest will be served, the commissioner will, in his or her discretion,
				  enter into a cooperative management agreement with a federal or state agency
				  under AS
				  27.19.060, or with a municipality under art.
				  X, sec. 13 of the Alaska Constitution, to implement AS 27.19 and this chapter.
				  Except as provided in (b) of this section, the cooperative agreement will, in
				  the commissioner's discretion, provide
(1)
				  that the federal or state agency will implement AS 27.19 and this chapter with
				  respect to the land that it manages, or that the municipality will implement AS
				  27.19 and this chapter with respect to the land that it owns; or
(2) that the department and the federal or
				  state agency or the municipality will implement both its own and the other's
				  reclamation authority on a reciprocal basis.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 8 - General Provisions › 11 AAC 97.900 - Boundary maintenance

Current through May 31, 2024
In order to provide an accurate reference for the location
					 of the reclaimed area, a miner must maintain or reestablish all location
					 corners or property boundaries described in the reclamation plan until the
					 commissioner inspects the site or reviews it for reclamation approval or bond
					 release under
					 11 AAC 97.435.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.020
AS
						38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 8 - General Provisions › 11 AAC 97.910 - Multiple miners; liability

Current through May 31, 2024
(a) If more than
				  one miner is involved in a mining operation, the commissioner will consider the
				  miner or other person identified as the agent in the letter of intent or
				  reclamation plan to be the miners' agent for purposes of any notice under this
				  chapter until the department is otherwise notified. All notices provided by the
				  department to the miners' agent constitute notice to all miners involved in a
				  mining operation.
(b) All miners
				  involved in a mining operation are jointly and severally liable for any penalty
				  for failure to comply with AS 27.19 and this chapter.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.020
AS 27.19.070
AS
						27.19.100
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 8 - General Provisions › 11 AAC 97.990 - Definitions

Current through May 31, 2024
In this chapter:
(1) "commissioner" means the commissioner of
				  natural resources;
(2) "mined area"
				  has the same meaning as in
				  AS
				  27.19.100(2); however, that
				  definition applies only if the mining occurred after October 14,
				  1991;
(3) "miner" has the same
				  meaning as in
				  AS
				  27.19.100(3); however,
				  "miner" does not include a state, federal, or municipal landowner, regardless
				  of whether that landowner retains a royalty interest as lessor, unless it owns
				  or operates the mining operation; nor does "miner" include any other landowner,
				  unless the landowner has a managing interest or working interest in the mining
				  operation;
(4) "previously mined
				  area" means the land surface, reclaimed or not, that is left by a mining
				  activity.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.100
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.010 - Authority and duties of executive director

Current through May 31, 2024
(a) The executive
				director shall exercise the authority of that office consistently with this
				chapter and other provisions of law as implemented by this chapter. To
				implement the management goals and priorities contained in the contract
				required by
				AS
				37.14.009(a)(2), between the
				department and the trust authority, the executive director shall manage mental
				health trust land consistently with
				11 AAC 99.020 and with the asset
				and resource allocations contained in that contract.
(b) Authorized actions include the
				management, sale, lease, conveyance, permitting, licensing, dedication, and
				other management or disposal action concerning the trust land. The executive
				director may delegate authority for the management and disposal of trust land
				consistent with
				AS
				38.05.801 and
				AS
				37.14.009 to an employee of the department.
				The executive director may provide for the acquisition, dedication, and
				maintenance of rights-of-way and easements to and across trust land, by
				agreement or otherwise.
(c) The
				executive director may acquire land on behalf of the trust consistently with
				the statutes and regulations and with the approval of the trust
				authority.
(d) Decisions made or
				actions taken without the approval of the executive director have no effect on
				trust land.
Authority:
AS
					 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.020 - Management of Alaska mental health trust land

Current through May 31, 2024
(a) This section
				describes the management responsibilities that are consistent with trust
				principles accepted by the Territory and State of Alaska under the Alaska
				Mental Health Enabling Act ( P.L. 84-830, 70 Stat. 709 (1956)).
(b) Trust land shall be managed consistently
				with trust responsibilities accepted by the state under the Alaska Mental
				Health Enabling Act ( P.L. 84-830, 70 Stat. 709 (1956)), which means that
				management shall be conducted solely in the best interest of the Alaska mental
				health trust and its beneficiaries.
(c) In determining the best interest of the
				trust and its beneficiaries, and in determining consistency between state law
				and the Alaska Mental Health Enabling Act ( P.L. 84-830, 70 Stat. 709 (1956)),
				the executive director shall, at a minimum, consider the following trust
				management principles:
(1) maximization of
				long-term revenue from trust land;
(2) protection of the corpus;
(3) protection and enhancement of the
				long-term productivity of trust land;
(4) encouragement of a diversity of
				revenue-producing uses of trust land; and
(5) management of trust land prudently,
				efficiently, and with accountability to the trust and its
				beneficiaries.
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.030 - General land management and disposal actions

Current through May 31, 2024
(a) The executive
				director may accept and adjudicate, or reject, an application for any action on
				trust land at any time. The acceptance of an application or expression of
				interest vests no rights in an applicant or a third party.
(b) Trust land shall be valued, before
				disposal, by a method determined by the executive director to be consistent
				with 11 AAC 99.020.
(c) The executive director shall keep the
				trust authority informed of trust land management and disposal actions on a
				regular basis, as may be required by the contract between the department and
				the trust authority.
(d) The
				executive director shall consult with the trust authority before issuing the
				public notice of a written decision required by
				11 AAC 99.040.
(e) Provisions of law applicable to other
				state land, including
				AS
				38.05.840, that appear to be in conflict with
				this section do not apply to trust land unless determined by the executive
				director, on a case-by-case basis, to be consistent with
				11 AAC 99.020. The determination
				shall be stated in a written finding.
Authority:
AS
					 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.040 - Written decision of best interest and consistency

Current through May 31, 2024
(a) The executive
				director shall prepare a written decision, on a case-by-case basis, before
				disposing of trust land and before taking any other action that requires a
				determination that a relevant provision of law applying to other state land
				will not be applied to trust land because of an inconsistency with
				11 AAC 99.020.
(b) The written decision must describe the
				proposed action, state why it is in the best interest of the trust and its
				beneficiaries, cite the authority for the action, and state why any relevant
				provision of law applicable to other state land has been found to be
				inconsistent with
				11 AAC 99.020 and will not be
				applied to the proposed action.
(c)
				Provisions of law applicable to other state land, including
				AS
				38.05.035(e) - (g), that
				appear to be in conflict with this section do not apply to trust land unless
				determined by the executive director, on a case-by-case basis, to be consistent
				with 11 AAC 99.020. The determination
				shall be stated in a written finding.
Authority:
AS
					 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.050 - Public notice

Current through May 31, 2024
(a) Notice of an action requiring a written
				decision under
				11 AAC 99.040, and notice under
				11 AAC 99.090, shall be published
				in a newspaper or other publication of general circulation at least 30 days
				before the action. In addition, at least 30 days before the action, notice
				shall be provided
(1) to the trust
				authority;
(2) to the appropriate
				municipality, if the trust land is located within the boundaries of a
				municipality;
(3) to the
				appropriate Alaska Native regional nonprofit corporation, if the trust land is
				outside of a municipality and within the geographic boundaries of an Alaska
				Native region as established by
				43 U.S.C.
				1606 (Alaska Native Claims Settlement Act,
				sec. 7); and
(4) by any other
				method the executive director considers reasonable, including publication in a
				trade journal, posting of notice in a public place, electronic media
				announcements, display advertisements, and mailing to interested
				parties.
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.060 - Appeals

Current through May 31, 2024
(a) A decision by the executive director is a
				final agency action. Judicial review may be sought under
				AS
				44.62.560.
(b) Before an appeal under
				AS
				44.62.560 or other applicable law may be
				taken, a person who, under
				AS
				38.05.035(i), is eligible to
				file for reconsideration must do so within 20 calendar days after publication
				of notice or receipt of the decision, whichever is earlier. The executive
				director shall order or deny reconsideration within 20 days after receiving the
				request for reconsideration. If the executive director takes no action during
				the 20-day period following receipt of the request, the request is considered
				denied. Denial of a request for reconsideration is the final administrative
				decision for purposes of appeal to the superior court under
				AS
				44.62.560.
(c) A person may appeal a decision made under
				11 AAC 99.040 to the superior
				court, but only if the person was eligible to request, and did request,
				reconsideration under (b) of this section. The person must initiate the appeal
				within 30 days after the date that the decision on reconsideration is mailed or
				the date the request for reconsideration is considered denied by the executive
				director, whichever is earlier.
(d)
				Provisions of law applicable to other state land, including
				AS
				38.05.035 and 11 AAC 02, that appear to be in
				conflict with this section do not apply to trust land unless determined by the
				executive director, on a case-by-case basis, to be consistent with
				11 AAC 99.020. The determination
				shall be stated in a written finding. A provision found to be consistent then
				forms a part of the appeals process for that action under this
				section.
Authority:
AS
					 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.070 - Transfers and assignments

Current through May 31, 2024
The transfer of an interest in trust land, including an
				  assignment under
				  AS
				  38.05.920, is not effective unless approved
				  by the executive director on a form designated by the executive director. A
				  transfer may not be approved unless it is consistent with
				  11 AAC 99.020. The executive
				  director's approval is not required before the transfer of a valid mining right
				  under AS
				  38.05.185-38.05.275, that vested before the
				  effective date of the land's designation as Alaska mental health trust
				  land.
Authority:
AS
					 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.080 - Closure of mental health trust land

Current through May 31, 2024
The executive director, after consultation with the trust
				  authority, may close trust land to any use inconsistent with
				  11 AAC 99.020.
Authority:
AS
					 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.090 - Classification, planning, and other designations

Current through May 31, 2024
(a) Alaska mental
				health trust land is designated and classified as trust land, to be managed
				consistently with
				AS
				37.14.009,
				AS
				38.05.801, and this chapter, with no further
				action required by the executive director or the department. Trust land may be
				used for any purpose that is consistent with
				11 AAC 99.020 and other provisions
				of law.
(b) The executive director,
				in consultation with the trust authority, shall prepare and maintain an
				inventory of trust land and improvements. The inventory must contain, at a
				minimum, the legal description, size, and location of each parcel.
(c) The executive director, in consultation
				with the trust authority, shall adopt and maintain a long-term asset management
				strategy that establishes goals for managing the trust land assets to execute
				the overall trust management principles of
				11 AAC 99.020. The strategy shall
				be adopted, and may be amended, following public notice under
				11 AAC 99.050. The strategy may
				not preclude the executive director from taking site-specific action on trust
				land that is consistent with
				11 AAC 99.020 and other provisions
				of law.
(d) If trust land was
				included in a state plan, or was subject to a classification or other
				designation, before its designation as trust land, the executive director, when
				considering a proposed disposal, shall review any such plan or other
				designation of the department before completing a written decision under
				11 AAC 99.040.
(e) Provisions of law applicable to other
				state land, including AS 38.04,
				AS
				38.05.112,
				38.05.113,
				38.05.180(b), and
				AS
				38.05.300, that require action that appears
				to be in conflict with this section do not apply to trust land unless
				determined by the executive director, on a case-by-case basis, to be consistent
				with 11 AAC 99.020. The determination
				shall be stated in a written finding.
Authority:
AS
					 37.14.009
AS 38.05.020
AS 38.05.801
Sec. 40, ch. 5,
FSSLA 1994,
as amended by
secs. 4 and 5,
ch. 1, SSSLA
1994
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.100 - Mining rights

Current through May 31, 2024
(a) Rights to locatable minerals on trust
				land are available only as provided in this section. To the extent that a
				statute or regulation applicable to other state land, including
				AS
				38.05.185,
				38.05.195,
				38.05.205, and
				38.05.245, contains a requirement
				that provides for or permits the acquisition of mineral rights, rights to
				prospect, or rights that open land to claim staking, mineral location, or
				leasehold location, that provision of law is considered inconsistent with
				11 AAC 99.020, and does not apply
				to trust land.
(b) The executive
				director, in consultation with the trust authority, shall open areas of trust
				land under one or more of the following methods, or under (c) of this section,
				which the executive director determines to be consistent with
				11 AAC 99.020:
(1) competitive lease;
(2) exploration license;
(3) negotiated agreement;
(4) prospecting permit;
(5) mineral entry; or
(6) by other methods that the executive
				director considered appropriate.
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.110 - Direct use by beneficiaries

Current through May 31, 2024
A trust beneficiary, or an organization acting on behalf of a
				  trust beneficiary wanting to use trust land to directly benefit persons as part
				  of, or to fulfill, the trust authority's purpose to ensure a plan for an
				  integrated, comprehensive mental health program prepared under
				  AS
				  47.30.660(a)(1), may be
				  granted use of trust land. Trust land use to be granted under this section must
				  be approved by the authority before consideration by the executive
				  director.
Authority:
AS
					 37.14.007
AS 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.120 - Confidentiality of materials

Current through May 31, 2024
(a) Every provision
				of law that provides for the confidentiality or inspection of public records
				that applies to the management of state land also applies to the management of
				trust land, unless its application is determined by the executive director in
				writing, on a case-by-case basis, to be inconsistent with
				11 AAC 99.020.
(b) Material, including verbally transmitted
				information determined to be confidential by the executive director under (a)
				of this section, shall be made available to the trust authority upon request,
				subject to the requirement that the material will remain confidential after
				receipt.
Authority:
AS
					 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.130 - Fees

Current through May 31, 2024
(a) Except as otherwise provided in this
				chapter, fees for services, documents, or actions to be performed or provided
				relating to trust land, other than consideration for real property interests,
				resources, or authorizations, will be based on an estimate of the
				administrative costs relating to providing the service, document, or action,
				including personnel, travel, and materials, to be incurred by the
				department.
(b) The minimum fee for
				initial processing of an application is $150, which is nonrefundable, unless
				the fee is waived by the executive director on the basis of overriding benefit
				to the trust. Subsequent processing costs, consistent with (a) of this section,
				will be estimated after the application is received.
(c) Except for 11 AAC OS.030(a)(1) -{5), (7)
				and (8), and 11 A A C 05.270, statutes and regulations applicable to other
				state land that appear to be in conflict with this section do not apply to
				trust land unless determined by the executive director, on a case-by-case
				basis, to be consistent with
				11 AAC 99.020. The determination
				shall be stated in a written finding.
Authority:
AS
					 37.14.009
AS 38.05.020
AS 38.05.035
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.140 - Application of other state and local law

Current through May 31, 2024
(a) The management
				of trust land is subject to the police power authority of the state and its
				political subdivisions to the same extent as private land, including compliance
				with AS 41.17.
(b) Land designated
				as trust land by sec. 40(a)(1) and (2), ch. 5, FSSLA 1994, as amended by sec.
				4, ch. 1, SSSLA 1994, remains subject to all encumbrances and interests
				existing on the effective date of its designation as Alaska mental health trust
				land.
Authority:
AS
					 37.14.009
AS 38.05.020
AS
					 38.05.801
Alaska Administrative Code › Title 11 - Natural Resources › Part 7 - Trust Land Management › Chapter 99 - Management of Alaska Mental Health Trust Land › 11 AAC 99.990 - Definitions

Current through May 31, 2024
In this chapter, in
				  AS
				  38.05.801, and elsewhere in the statutes and
				  regulations as applied to trust land, and unless otherwise specified,
(1) "Alaska mental health trust" and "trust"
				mean the Alaska mental health trust established under
				AS
				37.14.001-37.14.099, and administered under
				the trust instrument, which is composed of
(A)
				the Alaska Mental Health Enabling Act ( P.L. 84-830, 70 Stat. 709
				(1956));
(B) sec. 6(k) of the
				Alaska Statehood Act ( P.L. 85-508, 72 Stat. 339 (1958));
(C)AS
				09.25.050(a);
				AS
				29.25.030;
				AS
				29.45.030; AS 36.30.805(b);
				AS
				37.05.146 and
				37.05.540(b);
				AS
				37.13.030 and
				37.13.300;
				AS
				37.14.001-37.14.099;
				AS
				38.05.801;
				AS
				38.07.030(c);
				AS
				39.25.120(c)(9) and (23);
				AS
				41.15.025; AS 44.21.230(a) and (d);
				AS
				44.29.022-44.29.140;
				AS
				47.30.011-47.30.061,
				47.30.470-47.30.530,
				47.30.540(b),
				47.30.545,
				47.30.547,
				47.30.550(e),
				47.30.590-47.30.610,
				47.30.660-47.30.662,
				47.30.664(b),
				47.30.666,
				47.30.667,
				47.30.910(d)and(g),
				and 47.30.915(20);
				AS
				47.37.040(10) and
				47.37.125;
				AS
				47.80.070(b),
				47.80.090(13),
				and 47.80.110; sec. 58, ch. 66, SLA
				1991, as repealed and reenacted by sec. 37, ch. 5, FSSLA 1994 and amended by
				sec. 2, ch. 1, SSSLA 1994; sec. 40, ch. 5, FSSLA 1994, as amended by secs. 4
				and 5, ch. 1, SSSLA 1994; sec. 41, ch. 5, FSSLA 1994, as amended by secs. 6 and
				7, ch. 1, SSSLA 1994; secs. 42 - 46 and 48, ch. 1, SSSLA 1994; and secs. 1 and
				2, ch. 6, FSSLA 1994;
(D) the
				"Settlement Agreement and Stipulations to Terms of Dismissal," dated June 10,
				1994, with attachments, in
Weiss v. State
(4FA-82-2208 Civil);
				and
(E) the "Order," dated December
				13, 1994, dismissing
Weiss v. State
(4FA-82-2208
				Civil);
Alaska Administrative Code › Title 11 - Natural Resources › Part 8 - Alaska Coastal Management Program › Chapter 110 - Alaska Coastal Management Program Implementation › Article 7 - General and Nationwide Permits, Categorically Consistent Determinations, and Generally Consistent Determinations › 11 AAC 110.700 - Use of general and nationwide permits, categorically consistent determinations, and generally consistent determinations in project consistency reviews (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 11 - Natural Resources › Part 8 - Alaska Coastal Management Program › Chapter 110 - Alaska Coastal Management Program Implementation › Article 7 - General and Nationwide Permits, Categorically Consistent Determinations, and Generally Consistent Determinations › 11 AAC 110.710 - Review process for categorically consistent determinations for activities that require a resource agency authorization (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 11 - Natural Resources › Part 8 - Alaska Coastal Management Program › Chapter 110 - Alaska Coastal Management Program Implementation › Article 7 - General and Nationwide Permits, Categorically Consistent Determinations, and Generally Consistent Determinations › 11 AAC 110.720 - Implementation of categorically consistent determinations for activities that require a resource agency authorization (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 11 - Natural Resources › Part 8 - Alaska Coastal Management Program › Chapter 110 - Alaska Coastal Management Program Implementation › Article 7 - General and Nationwide Permits, Categorically Consistent Determinations, and Generally Consistent Determinations › 11 AAC 110.730 - Review process for generally consistent determinations for activities that require a resource agency authorization (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 11 - Natural Resources › Part 8 - Alaska Coastal Management Program › Chapter 110 - Alaska Coastal Management Program Implementation › Article 7 - General and Nationwide Permits, Categorically Consistent Determinations, and Generally Consistent Determinations › 11 AAC 110.740 - Implementation of generally consistent determinations for activities that require a resource agency authorization (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 11 - Natural Resources › Part 9 - Protection of Fish Habitat › Chapter 195 - Anadromous Fish Habitat › 11 AAC 195.010 - Waters important to anadromous fish (Relocated)

Current through May 31, 2024
As of Register 186 (July 2008), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former
					 11 AAC 195.010 to
					 5 AAC 95.011, and made conforming technical changes, to
					 reflect Executive Order 114 (2008). Executive Order 114 transferred functions
					 related to protection of fish habitat in rivers, lakes, and streams from the
					 Department of Natural Resources to the Department of Fish and Game. The history
					 note for 5 AAC 95.011 carries forward the
					 history from former
					 11 AAC 195.010.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 1 - Collection of Fees › 12 AAC 02.010 - Licensing and renewal fees

Current through May 31, 2024
(a) The department
				  will collect fees for licensing and for license renewal for the boards and
				  professions listed in
				  AS
				  08.01.010.
(b) Except as provided in (f) of this
				  section, the department will not issue or renew a license unless the applicable
				  fees established in AS 08 or this chapter have been collected.
(c) Except as otherwise provided in this
				  title, an application for initial licensure or renewal of license will be
				  considered filed as of the filing date of the document, as determined by
				  12 AAC 02.920.
(d) Repealed 5/4/90.
(e) An application fee is not
				  refundable.
(f) Except as otherwise
				  provided in this title, and notwithstanding (b) of this section, an applicant
				  for an initial license may enter into an agreement with the department to
				  establish a payment plan for the total amount of the initial license fee. The
				  department will not establish a payment plan that runs past the end of the
				  initial bieimial licensing period, and will require in the plan that the
				  licensee pay the total amount of the initial license fee as a condition for
				  renewal of the license. If the applicant fails to submit a payment required
				  under the agreement,
(1) the department may
				  issue a cease and desist order under
				  AS
				  08.40.175 or
				  08.40.360;
				  or
(2) that individual may be
				  subject to disciplinary action under applicable provisions of AS 08 and this
				  title, including suspension or revocation of the license.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 1 - Collection of Fees › 12 AAC 02.015 - Refund of license fees

Current through May 31, 2024
(a) Except as provided in (b) of this
				  section, after a license is initially issued or renewed, the department will
				  not refund the initial license fee or the license renewal fee.
(b) On request, the department will issue a
				  prorated refund of a license fee paid for a licensing period in which the
				  individual licensee dies. The department will issue the refund to the estate of
				  the licensee. The department will not issue a refund when the estate of the
				  licensee remains a partner in a partnership that received a license under AS
				  08.
(c) To request a refund under
				  this section, the estate of the licensee shall submit to the department
(1) a written request for a refund within 12
				  months of the licensee's death or before the end of the licensing period in
				  which the licensee died, whichever time period is greater; and
(2) verification of the licensee's death; the
				  department will accept a letter from a coroner or mortuary, a death
				  certificate, or a copy of a newspaper article as verification.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 1 - Collection of Fees › 12 AAC 02.020 - Prorating renewal fees

Current through May 31, 2024
The department will prorate the first license renewal fees
					 following initial licensure, in accordance with
					 12 AAC 02.030. All renewal fees,
					 including penalty and delinquent fees must be paid by the licensee applying for
					 renewal of a license, except as provided in
					 12 AAC 02.030(a) (1) and (b)(1).
Authority:
AS
						08.01.050
AS 08.01.080
AS
						08.01.100
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 1 - Collection of Fees › 12 AAC 02.030 - Prorating initial renewal fees

Current through May 31, 2024
(a) When the
				  department issues an initial biennial license
(1) on or within the 90 days before the date
				  by which it must be renewed, the applicant shall pay the entire license fee but
				  is not required to pay the prescribed renewal fee until the second renewal
				  date;
(2) more than 90 days but 12
				  months or less before the date by which the license must be renewed, the
				  applicant shall pay the entire license fee, and shall pay one-half of the
				  prescribed renewal fee at the time of the first renewal date; or
(3) more than 12 months before the date by
				  which the license must be renewed, the applicant shall pay the entire license
				  fee, and shall pay the entire prescribed renewal fee at the time of the first
				  renewal date.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 2 - Occupational Licensing Fees › 12 AAC 02.100 - Fees established by department

Current through May 31, 2024
The fees established in this chapter have been adopted by
					 the department after considering any recommendations of the applicable board or
					 commission listed in
					 AS
					 08.01.010.
Authority:
AS
						08.01.065
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 2 - Occupational Licensing Fees › 12 AAC 02.102 - Fees for a temporary license issued under AS 25.27.244; waivers; refunds

Current through May 31, 2024
(a) When
				  the division issues a temporary license under
				  AS
				  25.27.244, the division will collect the
				  annual or biennial license fee for the trade or profession for which the
				  temporary license is issued, subject to the refund and waiver provisions set
				  out in this section. The temporary license fee is the amount paid to the
				  division under this section from the annual or biennial license fee that is not
				  refunded or waived under this section.
(b) Repealed 5/14/2021.
(c) When an individual who holds a temporary
				  license issued under
				  AS
				  25.27.244 is
(1) issued a release by the child support
				  services agency and takes the action necessary, on or before the expiration
				  date of the temporary license, to convert the temporary license to an annual or
				  biennial license under AS 08 or
				  AS
				  46.03.375, the division will waive one-half
				  of the annual or biennial license fee for the trade or profession for which the
				  individual is receiving an annual or biennial license;
(2) not issued a notice of release by the
				  child support services agency on or before the expiration date of the temporary
				  license, the department will
(A) refund
				  one-half of the annual or biennial license fee paid under (a) of this section;
				  and
(B) not refund a bond, cash
				  deposit, negotiable instrument, or other mechanism to provide proof of
				  financial responsibility that was deposited for claims under, AS 08 or this
				  chapter, except as required by law.
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 2 - Occupational Licensing Fees › 12 AAC 02.105 - Administrative fees

Current through May 31, 2024
Except as otherwise provided in this chapter for a
					 particular board or occupation, the following fees apply to all boards and
					 professions listed in
					 AS
					 08.01.010:
(1) duplicate license fee, $5;
(2) fee for verification or certification of
				  an Alaska license, registration, or examination, $20;
(3) name change, except for construction
				  contractors, $5;
(4) photocopy fee,
				  $.25 per page, which may be waived by the department if the total fee is less
				  than $5;
(5) facsimile fee, $1 per
				  page, which may be waived by the department if the total fee is less than
				  $5;
(6) returned check fee,
				  $30;
(7) repealed
				  12/28/97;
(8) exam postponement
				  fee, $25;
(9) repealed
				  1/5/2024;
(10) fee for proctoring
				  an examination for another state's applicant, $50;
(11) fee for specialized report of licensing
				  data that the department has agreed to provide, $100 plus the cost of
				  supplies;
(12) repealed
				  1/5/2024;
(13) repealed
				  1/5/2024;
(14) fee for a courtesy
				  license issued under
				  12 AAC 02.955, $100;
(15) courtesy license application fee,
				  $50;
(16) examination review fee,
				  $50;
(17) temporary license
				  application fee, $ 100;
(18) fee
				  for a temporary license issued under
				  AS
				  08.01.063 or 08.01.064, $100;
(19) nonrefundable fingerprint processing
				  fee, $75.
Authority:
AS
						08.01.062
AS 08.01.065
AS
						08.01.100
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 2 - Occupational Licensing Fees › 12 AAC 02.106 - Telemedicine business registry

Current through May 31, 2024
The following fees are established for registration under
					 AS
					 44.33.381 (telemedicine business registry)
					 for businesses performing telemedicine services in this state;
(1) initial registration fee, $50;
(2) fee to report changes in the information
				  on the initial registration, $50.
Authority:
AS
						44.33.020
AS 44.33.381
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 2 - Occupational Licensing Fees › 12 AAC 02.107 - Prescription drug monitoring program controlled substance prescription database registration

Current through May 31, 2024
The following fees are established for registration as
					 required under
					 AS
					 17.30.200 with the prescription drug
					 monitoring program (PDMP) controlled substance prescription database by a
					 pharmacist who dispenses, or a practitioner who prescribes, administers or
					 directly dispenses a schedule II III or IV controlled substance under federal
					 law;
(1) initial registration fee,
				  $0;
(2) biennial registration
				  renewal fee, $0.
Authority:
AS
						08.01.065
AS
						17.30.200
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 2 - Occupational Licensing Fees › 12 AAC 02.108 - Acupuncturists

Current through May 31, 2024
The following fees are established for
					 acupuncturists:
(1) application fee
				  for initial license, $200;
(2)
				  license fee for all or part of the initial biennial license period,
				  $225;
(3) biennial license renewal
				  fee, $225.
Authority:
AS
						08.01.010
AS 08.01.065
AS 08.06.030
AS
						08.06.100
Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 02 - General Occupational Licensing Functions › Article 2 - Occupational Licensing Fees › 12 AAC 02.110 - Board of Registration for Architects, Engineers, and Land Surveyors

Current through May 31, 2024
(a) The following
				  fees are established for architects, engineers, land surveyors, and landscape
				  architects:
(1) application fee for initial
				  registration and corporate, limited liability company, or limited liability
				  partnership certification, $200;
(2) repealed 10/29/2017;
(3) registration fee for all or part of the
				  initial biennial registration period, $100;
(4) biennial registration renewal fee, $100;
(5) corporation, limited liability company,
				  or limited liability partnership certification fee, for all or part of the
				  biennial certification period, $300;
(6) biennial corporation, limited liability
				  company, or limited liability partnership certification renewal fee,
				  $400;
(7) amendment to corporate,
				  limited liability company, or limited liability partnership certification,
				  $75;
(8) repealed
				  11/13/2014;
(9) repealed
				  10/29/2017;
(10) retired status
				  registration one-time fee, $25.
(11) late renewal penalty fee, $50;
(12)  continuing education extension period
				  fee, $50.