reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.020 - Respondent's report and objection

Current through May 31, 2024
(a) Unless
				otherwise specified, the respondent shall serve upon the regional office
				designated in the notice of intent the report requested under sec. 10(b)(4) of
				this chapter within 15 days of service of the notice of intent. The deadline
				for service of the report may be shortened by the deputy commissioner if
				necessary to protect the public health or environment. If a service period of
				less than 15 days is provided, the notice of intent will state the reasons for
				that.
(b) Respondent's report must
				be of sufficient detail to permit an informed judgment by the deputy
				commissioner as to the adequacy of the actual or proposed remedial or
				preventive measures. The report must be specific with regard to the precise
				equipment, facilities, materials or operations to be used, as well as deadlines
				and timetables. Maps, diagrams and the like should be used to promote clarity,
				and any germane surveys, reports or sampling or test results should be attached
				to the report.
(c) If the
				respondent believes that
(1) the violations
				specified in the notice of intent have not or do not threaten to
				occur;
(2) he is not responsible
				for the violations specified;
(3)
				no corrective or preventive action of any sort is necessary; or
(4) the notice of intent is so indefinite or
				uncertain that he cannot identify the transaction, prepare his defense or
				prepare the report under (b) of this section, he may serve an objection upon
				the deputy commissioner within 10 days of service of the notice of intent, or
				within a shorter time period specified in the notice of intent in cases where a
				time period of less than 15 days is provided for service of the report. Upon
				service of a timely objection, the time period for service of the report will
				be held in abeyance pending action by the deputy commissioner under (e) or (g)
				of this section. If a defense specified in (1) - (3) of this subsection is
				raised, the objection must concisely state the basis for that
				defense.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.030 - Compliance order

Current through May 31, 2024
(a) Upon receipt of respondent's report, or
				at the expiration of the service period if no report is served, the deputy
				commissioner shall review the record of the case, and shall, in his discretion,
				thereafter issue a compliance order.
(b) In addition to any findings and
				conclusions required by sec. 20(e)(3) of this chapter, the compliance order
				will contain findings of fact that
(1) there
				exists an actual or threatened violation which the respondent has caused or
				permitted;
(2) where a report has
				been submitted, and the corrective or preventive measures specified in the
				order differ from or supplement the measures proposed in the report, the
				measures specified in the report will not provide a reasonable assurance of
				correction of the actual violation or prevention of the threatened violation;
				and
(3) the measures specified in
				the order will provide a reasonable assurance of correction or
				prevention.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.040 - Effective date of order

Current through May 31, 2024
(a) A compliance
				order is effective upon receipt.
(b) A timely request for a hearing under sec.
				30(e) of this chapter acts as a stay of the provisions of the order pending
				decision by the commissioner or his designee.
(c) If the respondent does not make a timely
				request for a hearing, no other action is necessary by the deputy commissioner
				or the commissioner or his designee. The deadlines of the order fall due as
				specified in the order.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.050 - Scheduling of hearing

Current through May 31, 2024
(a) Immediately upon service of a request for
				a hearing (or upon a determination under sec. 20(c)(2) of this chapter), the
				department will schedule a hearing to be held no later than 20 days after
				service of the request or determination. The location of the hearing will
				conform to
				AS
				44.62.410. Notice of the hearing will be
				immediately served upon the respondent.
(b) At any time before the hearing, a party
				may serve upon the commissioner or his designee, and the opposing party, a
				request for postponement of the hearing. Postponements will only be granted by
				the commissioner or his designee in unusually complex cases, or when a failure
				to grant a postponement would pose a substantial hardship to the requesting
				party. No postponement will be granted when significant harm to the public
				health or environment will result from a delay.
(c) If the respondent served his request for
				a hearing more than 10 days after service of the compliance order, a request by
				the respondent for postponement of the hearing will be viewed with disfavor,
				and will be granted only in the most extraordinary of circumstances.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.060 - Hearing officer

Current through May 31, 2024
(a) Immediately upon service of a request for
				a hearing, the department will arrange for the appointment of a hearing officer
				under AS
				44.62.350.
(b) The department will hear the case with
				the hearing officer. The hearing officer will preside at the prehearing
				conference and the hearing, rule on the admission and exclusion of evidence,
				advise the department on matters of law, and be present during post-hearing
				consideration of the case.
(c) The
				case will be heard by the commissioner or his designee. The commissioner or his
				designee will, in his discretion, be accompanied during any proceeding,
				conference or deliberation by a representative of the Department of Law other
				than an attorney who has been involved in the investigation or prosecution of
				the case. The Department of Law representative shall be subject to the
				requirements and restrictions of
				AS
				44.62.630. The commissioner may designate any
				employee of the department, other than an employee involved in the
				investigation or prosecution of the case.
(d) Notice of designation under (c) of this
				section will be served upon the respondent no later than 10 days prior to the
				hearing.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.070 - Discovery

Current through May 31, 2024
(a) At any time after service of the
				compliance order, and upon 24 hours' notice, the respondent may inspect and
				copy all documents and records pertaining to the case at the prosecuting office
				during normal working hours. Except for good cause shown, a fee of 10 cents per
				page of copied material must be paid by the respondent before he may take
				possession of the copies.
(b)
				Within seven days of service of a request for a hearing, the prosecuting office
				shall serve upon the respondent
(1) the names
				and addresses of witnesses whom the prosecuting office intends to call at the
				hearing to support the findings made under sec. 30(b) of this chapter (or the
				prosecuting office's position in hearings held under sec. 20(e)(2) of this
				chapter) and a brief summary of the purpose of their testimony;
(2) the nature, location and custodian of any
				real or documentary evidence which the prosecuting office intends to introduce
				at the hearing to support the findings made under sec. 30(b) of this chapter
				(or the prosecuting office's position in hearings held under sec. 20(e)(2) of
				this chapter); and
(3) matters of
				which the prosecuting office proposes to take official notice at the
				hearing.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.080 - Prehearing conference

Current through May 31, 2024
(a) If the hearing officer determines that a
				prehearing conference will aid disposition of the case, he shall notify the
				parties no later than seven days before the scheduled date of the hearing of
				the date, time and location of the conference. The conference shall be held no
				later than two days before the hearing.
(b) At the conference, the hearing officer
				may make any order or ruling necessary or appropriate regarding
(1) the identification and simplification of
				disputed issues of fact and law;
(2) the entry of stipulations of fact and
				documents, and the exclusion of irrelevant or unduly repetitive
				matters;
(3) matters of which
				official notice will be permitted to be taken;
(4) scheduling an onsite
				inspection;
(5) accepting, on good
				cause shown, supplements to the discovery responses submitted under secs. 70(b)
				and (c) of this chapter (specifically including rebuttal evidence by the
				prosecuting office);
(6) limitation
				of the number of expert and other witnesses;
(7) procedure at the hearing; or
(8) any other matter that may expedite the
				hearing or aid in the disposition of the proceeding.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.090 - Hearing procedures

Current through May 31, 2024
(a) The sequence of argument, examination and
				summation must follow that of a civil proceeding, except to the extent modified
				under sec. 80(b)(7) of this chapter. However, either the hearing officer may or
				the commissioner, in his discretion, will or the commissioner's designee may
				question a witness.
(b) No issue,
				defense, testimony or real or documentary evidence may be introduced at the
				hearing which was not previously disclosed pursuant to either secs. 70(b) or
				(c) or sec. 80(b)(5) of this chapter. This prohibition may be waived by the
				hearing officer if the introduction would not unduly prejudice the opposing
				party, and the failure to disclose was due to
(1) surprise or excusable neglect;
(2) newly discovered evidence which by due
				diligence could not have previously been discovered and disclosed; or
(3) fraud, misrepresentation or other
				misconduct of the opposing party.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.100 - Proposed findings

Current through May 31, 2024
Within three days of the close of the hearing, a party may
				  serve upon the commissioner or his designee and all other parties proposed
				  findings of fact. The proposed findings are intended only as an aid to the
				  commissioner or his designee, and a ruling on the acceptance or rejection of
				  the proposed findings is not required.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.110 - Decision

Current through May 31, 2024
(a) The commissioner or his designee will
				serve upon the parties an order rescinding, modifying or affirming the
				compliance order (or ruling on the defenses raised in hearings held under sec.
				20(e)(2) of this chapter) within 30 days of the close of the hearing. The order
				serves as an automatic vacation of the stay under sec. 40(b) of this chapter,
				and any deadlines or timetables in the order run from the date of service of
				the affirmed or modified order.
(b)
				The order under (a) of this section must contain
(1) a brief summary of the nature and history
				of the case;
(2) findings of fact
				and conclusions of law; and
(3) a
				specification of the terms and conditions of the final compliance order; the
				requirements imposed under sec. 30(c) of this chapter may be incorporated by
				reference.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.120 - Petition for reconsideration

Current through May 31, 2024
(a) Within 30 days
				of service of the order under sec. 110(a) of this chapter (except for a
				petition by the respondent pertaining to a hearing held under sec. 20(e)(2) of
				this chapter), a party may serve upon the commissioner, and the opposing party,
				a petition for reconsideration and supporting memorandum. If the commissioner
				did not hear the case himself, a copy of the transcript of the hearing, if
				available, shall also be served upon the commissioner and the opposing
				party.
(b) Within 10 days of
				service of the petition, the opposing party may serve upon the commissioner and
				the petitioning party a responsive memorandum.
(c) Neither the submission nor granting of a
				petition for reconsideration acts as a stay of any provision of the compliance
				order unless the commissioner otherwise directs. Applications for a stay will
				be granted only when the petition raises serious and substantial questions
				regarding the validity of the order, and no significant harm to the public
				health or environment will be caused by a delay.
(d) After granting a petition, and upon a
				review of the record, the commissioner will affirm, modify or reverse the order
				made under sec. 110(a) of this chapter within 20 days of the granting of the
				petition. The commissioner will, in his discretion, also order the taking of
				new evidence.
(e) A petition for
				reconsideration by the respondent pertaining to a hearing held under sec.
				20(e)(2) of this chapter may be served only after service of the order under
				sec. 110 of this chapter affirming or modifying the compliance order.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.130 - Transcript of hearing

Current through May 31, 2024
Hearings must be tape recorded. At any time after the close
				  of the hearing, a party may request a transcript of the hearing from the
				  department. Except for good cause shown, the party requesting the transcript
				  shall pay the cost of the transcript and all requested copies of it before the
				  party may take possession of the transcript.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.140 - Service

Current through May 31, 2024
(a) Any matter required to be served under
				this chapter may be served by personal service, registered mail, or certified
				mail, return receipt requested.
(b)
				Proof of service must be made by an affidavit of service, or on appropriate
				forms if service is made by a peace officer. Upon the filing of a notice of
				defense, a copy of all matters subsequently served, and proof of service, must
				be mailed to the commissioner or his designee; and they become part of the
				administrative record.
(c) When a
				pleading or paper filed in a case discloses that a respondent is represented by
				counsel, service upon the respondent must be made upon his attorney.
(d) Where applicable, service of the notice
				of intent and compliance order must be delivered or mailed in conformity with
				Rule 4(d)(4) - (11) of the Alaska Rules of Civil Procedure.
(e) When mail is used for service, service
				occurs upon the date of postmark for the purpose of the serving party's
				obligations, and upon receipt for the purpose of commencing time limits upon
				the receiving party.
(f) All papers
				served by mail upon the department, must have the designation "COMPLIANCE ORDER
				NO......," in capital letters, typed on the face of the envelope.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.150 - Relaxation of regulations

Current through May 31, 2024
The hearing officer may, the commissioner in his discretion
				  will, and the commissioner's designee may, in the interests of justice, relax
				  or dispense with a deadline or requirement imposed by this
				  chapter.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.160 - Consent orders

Current through May 31, 2024
At any time during the compliance order proceedings, the
				  parties may enter into a consent order. Any consent or compromise agreement
				  must take the form of a stipulated compliance order, and must be signed and
				  confirmed by the commissioner or his designee.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.170 - Relationship to Administrative Procedure Act

Current through May 31, 2024
Secs. 50 - 160 of this chapter supplement, and are not
				  intended to diminish or restrict any right or privilege which a party may have
				  under AS
				  44.62.410-44.62.540.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 5 - Definitions › 18 AAC 95.900 - Definitions

Current through May 31, 2024
As used in this chapter, unless the context otherwise
				  requires
(1) "commissioner" means the
				commissioner of the Department of Environmental Conservation;
(2) "department" means the Department of
				Environmental Conservation;
(3)
				"designee" means the employee of the department to whom the commissioner has
				delegated the power to hear and decide a particular case;
(4) "objection" means a submission by the
				respondent, in response to a notice of intent, which raises any matter
				specified in sec. 20(c) of this chapter;
(5) "party" means the respondent and the
				prosecuting office;
(6)
				"prosecuting office" means the division or regional office of the department
				primarily responsible for prosecution of a case;
(7) "reasonable assurance" means that, after
				taking into account predictable natural or human intervention, the remaining
				risk of violation is negligible, and the costs of further reducing the
				negligible risk are disproportionate to the remaining risk itself; a lowering
				of the risk beyond that level is not a "reasonable assurance";
(8) "report" means a detailed submission by
				the respondent, in response to a notice of intent, which specifies what
				measures have been or are being taken, or are proposed to be taken to correct
				or prevent the violation;
(9)
				"threatened violation" means that it is more likely than not that, unless
				corrective or preventive measures are taken, a violation will occur in the
				foreseeable future; and
(10)
				"violation" includes a violation of a provision of AS 46.03 or AS 30.25, or of
				a regulation, permit, certificate, order or term or condition of a permit,
				certificate or order issued or promulgated by the department under authority of
				AS 46.03 or AS 30.25.
Authority:
AS
					 46.03.020(10)
AS
					 46.03.850
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 1 - Local Boundary Commission(Relocated) › Chapter 05 - Standards for Boundary Changes (Reorganized)

Current through May 31, 2024
As of 2/21/82, 19 AAC 05, 19 AAC 10, 19 AAC 15 and 19 AAC 20
				  have been reorganized under 19 AAC 10. The history notes for sections within
				  the old chapters have not been carried forward in the
				  reorganization.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 1 - Local Boundary Commission(Relocated) › Chapter 10 - Municipal Boundary Changes(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 10 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  110, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 1 - Local Boundary Commission(Relocated) › Chapter 15 - Boundary Changes by Local Action (Reorganized under 19 AAC 10)

Current through May 31, 2024
As of 2/21/82, 19 AAC 05, 19 AAC 10, 19 AAC 15 and 19 AAC 20
				  have been reorganized under 19 AAC 10. The history notes for sections within
				  the old chapters have not been carried forward in the
				  reorganization.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 1 - Local Boundary Commission(Relocated) › Chapter 20 - Miscellaneous Provisions (Reorganized under 19 AAC 10)

Current through May 31, 2024
As of 2/21/82, 19 AAC 15, and 19 AAC 20 have been reorganized
				  under 19 AAC 10. The history notes for sections within the old chapters have
				  not been carried forward in the
				  reorganization.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 30 - State Aid to Municipalities and Other Recipients(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 30 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  130, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 31 - Population Determination for Municipal Oil and Gas Production Property Tax Limitations(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 31 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  131, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 32 - National Forest Receipts Program(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 32 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  132, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 34 - Shared Fisheries Business Tax Program(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 34 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  134, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 35 - Senior Citizen and Disabled Veteran Property Tax Exemption(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 35 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  135, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 36 - Senior Citizen Property Tax Equivalency Payment(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 36 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  136, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 37 - Senior Citizen Special Sewer and Water Assessment Deferment(Repealed)

Current through May 31, 2024
19 AAC 37 was repealed effective 9/21/88, Register 107,
				  October, 1988. Its statutory authority was repealed in 1985 by § 88, ch.
				  74, SLA 1985.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 38 - Farm and Agricultural Land(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 38 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  138, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 39 - Errors in Municipal Assessment, Valuation, or Taxation Records(Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 39 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  139, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 43 - Oil Spill Community Assistance Grant Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 43 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  143, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 50 - National Petroleum Reserve - Alaska Impact Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 50 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  150, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 52 - Payment in Lieu of Taxes for Cities in the Unorganized Borough Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 52 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  152, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 55 - State Employment Training Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 55 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  155, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 60 - Rural Development Assistance and Bulk Fuel Storage Facility Grant Programs (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 60 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  160, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 2 - Municipal and Regional Assistance (Deleted) › Chapter 64 - Child Care Grant Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 64 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 4 AAC 64,
				  in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 3 - Rural Development Division (Deleted) › Chapter 65 - Day Care Assistance Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 65 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 4 AAC 65,
				  in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 3 - Rural Development Division (Deleted) › Chapter 66 - Displaced Homemakers' Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 66 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 8 AAC 88,
				  in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 3 - Rural Development Division (Deleted) › Chapter 67 - State Employment Training Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 67 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 8 AAC 89,
				  in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 3 - Rural Development Division (Deleted) › Chapter 68 - Community Development Block Grant Program (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 68 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  168, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 3 - Rural Development Division (Deleted) › Chapter 69 - Energy Efficiency (Deleted) › Article 2 - Building Energy Efficiency Standard (Deleted) › 19 AAC 69.290 - Definitions for 19 AAC 69.210 - 19 AAC 69.290 (Deleted)

Current through May 31, 2024
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 3 - Rural Development Division (Deleted) › Chapter 70 - Rural Development Initiative Fund (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 70 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  170, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 5 - Division of Community Planning(Relocated) › Chapter 90 - Municipal Trust Land (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 90 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  190, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 5 - Division of Community Planning(Relocated) › Chapter 94 - Real Property from Dissolved Municipalities (Relocated)

Current through May 31, 2024
As of Register 151 (October 1999), the provisions of former
				  19 AAC 94 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC
				  194, in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 5 - Division of Community Planning(Relocated) › Chapter 95 - Nonconforming Housing Loans (Reorganized)

Current through May 31, 2024
Effective 4/16/83, former 19 AAC 95 (within former Part 7)
				  was reorganized, renamed, and renumbered as 19 AAC
				  80.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 5 - Division of Community Planning(Relocated) › Chapter 96 - Loan Programs (Relocated)

Current through May 31, 2024
As of Register 161 (October 1999), the provisions of former
				  19 AAC 96 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC 106
				  in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 19 - Community And Regional Affairs › Part 5 - Division of Community Planning(Relocated) › Chapter 97 - Grant Programs (Relocated)

Current through May 31, 2024
As of Register 161 (October 1999), the provisions of former
				  19 AAC 97 were relocated by the regulations attorney under
				  AS
				  44.62.125(b)(6) to 3 AAC 107
				  in accordance with ch. 58, SLA
				  1999.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 1 - Permits and Vessel License Required › 20 AAC 05.100 - Permit required to operate gear

Current through May 31, 2024
(a) It is unlawful
				for any person to operate gear, within water subject to the jurisdiction of the
				state, for the commercial taking of any fishery resource without having in his or
				her possession a valid interim-use or entry permit card issued by the commission
				authorizing that person to operate gear in that fishery unless waived by the
				commission for good cause. To be valid, an interim-use permit or entry permit
				card issued by the commission must be signed in the space provided by the person
				named as the card holder.
(b)
				Repealed 1/1/78.
(c) An alien
				applying for an interim-use or entry permit must show proof that the alien is
				lawfully admitted to the United States for employment purposes at the time of
				application. If an alien permit holder becomes no longer lawfully admitted to the
				United States for employment purposes, the alien's interim-use or entry permit
				becomes invalid.
Authority:
AS
					 16.05.905
AS 16.43.100
AS
					 16.43.110
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 1 - Permits and Vessel License Required › 20 AAC 05.110 - Permit required to possess fish or shellfish

Current through May 31, 2024
(a) It is unlawful
				for any person to possess, within water subject to the jurisdiction of the state,
				any fish or shellfish, taken for a commercial purpose, aboard a fishing vessel
				commonly used for taking that species of fish or shellfish unless the person has
				in that person's possession a valid interim-use or entry permit card to take the
				fish or shellfish in that person's possession with the gear with which the vessel
				is equipped unless waived by the commission for good cause.
(b) As used in this section, a "commercial
				purpose" includes any sale, purchase, trade, gift, or any portion of a commercial
				transaction.
(c) For purposes of this
				section, a person reporting a landing of fish under a federal individual fishing
				quota (IFQ) possesses fish for a commercial purpose.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.140
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 1 - Permits and Vessel License Required › 20 AAC 05.115 - Personal identification required

Current through May 31, 2024
Any person who is in possession of an interim-use, or entry
				  permit card issued by the commission shall, upon request of any fish purchaser,
				  or any officer authorized by the state to enforce this chapter, present personal
				  identification as required by
				  AS
				  16.10.267(a)(2) to establish
				  that the card is in the possession of the person to whom it was
				  issued.
Authority:
AS
					 16.10.267
AS 16.43.100
AS
					 16.43.110
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 1 - Permits and Vessel License Required › 20 AAC 05.120 - Permits for retaining incidentally-caught fish

Current through May 31, 2024
(a) A person may
				retain incidentally-caught salmon, king crab, Tanner crab, Dungeness crab,
				halibut, or sablefish if the person holds a valid entry or interim-use permit for
				that species, type of gear, and area, and if the season for the
				incidentally-caught species is open under regulations of the Board of Fisheries
				in 5 AAC.
(b) Notwithstanding the
				provisions of (a) of this section, a person who holds a valid entry or
				interim-use permit for taking
(1) salmon with
				hand troll or power troll gear may retain other fish that were
				incidentally-caught while trolling for salmon if the fish may be legally taken
				under regulations of the Board of Fisheries in 5 AAC at that time and in that
				area using troll gear; and
(2)
				miscellaneous saltwater finfish, lingcod, or demersal shelf rockfish with
				dinglebar, mechanical jigging machine, or hand troll gear may retain halibut that
				were incidentally-caught while fishing for miscellaneous saltwater finfish,
				lingcod, or demersal shelf rockfish with those gear types if the halibut may be
				legally taken under regulations of the Board of Fisheries in 5 AAC, and
				regulations of other agencies, regulating halibut at that time in that
				area.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 1 - Permits and Vessel License Required › 20 AAC 05.130 - Vessel license required

Current through May 31, 2024
Except for those vessels exempted under
				  AS
				  16.05.495, it is unlawful for a person to
				  operate a vessel required to be licensed under
				  AS
				  16.05.490 which does not display a valid vessel
				  license as required by
				  20 AAC 05.1958.
Authority:
AS
					 16.05.450(b)
AS 16.05.490
AS 16.05.495
AS 16.05.570
AS 16.43.100
AS
					 16.43.110(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 2 - Fishery Identification System, Administrative Areas and Annual Fees › 20 AAC 05.200 - Fishery identification system

Current through May 31, 2024
(a) For the purpose
				of issuing interim-use permits and entry permits, administering the collection of
				annual fees, and other purposes required for the administration of AS 16.43, a
				fishery identification system is established.
(b) Each fishery is identified by a code of
				letters and numbers. The first group of characters identifies the fishery
				resource. The second group of characters identifies the type of gear or the type
				of gear and any applicable restrictions. The final group of characters identifies
				the administrative area as defined in
				20 AAC 05.230.
Authority:
AS
					 16.43.100(a)(3)
AS
					 16.43.100(b)
AS
					 16.43.110(a)
AS
					 16.43.140(c)
AS
					 16.43.150(a)
AS
					 16.43.200(a)
AS
					 16.43.990(3)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 2 - Fishery Identification System, Administrative Areas and Annual Fees › 20 AAC 05.210 - Fishery resource codes

Current through May 31, 2024
The letter, or letter and number code, from the following
				  schedule is used to indicate the specific fishery resource for which an
				  interim-use or entry permit is issued:
Code
A Abalone B Halibut C Sablefish D Dungeness
				  Crab E Bering Sea Hair Crab F Freshwater Fish G Roe Herring - herring harvested
				  during herring seasons established for each area in 5 AAC 27 that are not
				  designated as food/bait seasons, or all herring harvested in the combined roe
				  herring and herring fisheries designated in
				  20 AAC 05.310 (d) H Food/Bait Herring -
				  herring harvested during food/bait seasons designated for an area in 5 AAC 27 I
				  Lingcod J Geoduck K King Crab - all King Crab, except Area A Brown and Red/Blue
				  King CrabK1Area A Red/Blue King CrabK2Area A Red/Blue and Brown King CrabK3Area A
				  Brown King CrabK4Area A Red/Blue King Crab and Tanner CrabK5Area A Brown King
				  Crab and Tanner CrabK6Area A Red/Blue and Brown King Crab and Tanner CrabLHerring
				  Spawn on Kelp or Other Substrate M Miscellaneous Saltwater Finfish - all marine
				  finfish, except halibut, herring, sablefish, salmon, lingcod, and Southeastern
				  Alaska demersal shelf rockfish N Snails O Octopi and Squid P Shrimp Q Sea
				  Cucumbers R Clams - all clams, except geoduck S Salmon T Tanner Crab - All Tanner
				  Crab, except Area A Tanner Crab and Area K Bairdi Tanner crabT1Area A Tanner
				  Crab, except Tanner Crab being fished in combination with Area A King Crab (see
				  Codes K4, K5, and K6) TBArea K Bairdi Tanner CrabUSea Urchins W Scallops Y
				  Southeastern Alaska Demersal Shelf Rockfish - any or all of the Southeastern
				  Alaska Sebastes species identified as demersal shelf rockfish in
				  5 AAC 39.975 Z Miscellaneous Marine Invertebrates
				  (exclusive of any species listed above)
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.140
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 2 - Fishery Identification System, Administrative Areas and Annual Fees › 20 AAC 05.230 - Administrative areas

Current through May 31, 2024
(a) For the purposes of issuing interim-use and
				entry permits for all waters subject to the jurisdiction of the State of Alaska,
				the administrative areas described in the schedule below are established. A
				letter code from the following schedule will be used to designate the specific
				administrative area for which an interim-use permit or entry permit is issued.
(1) Salmon administrative areas.
(A) Salmon administrative areas are as follows:
Code Letter
Name and Description
A - Z
Except for Administrative Areas B, P, and Y, all
								salmon administrative areas are the same as those salmon net gear registration
								areas established in
								5 AAC 39.120(d).
B
Statewide Area - all waters subject to the
								jurisdiction of the state.
P
Upper Yukon Area - all waters included in Districts
								4, 5, and 6 of the Yukon Area, described in
								5 AAC 05.200(d) - (f).
Y
Lower Yukon Area - all waters included in Districts
								1, 2, and 3 of the Yukon Area, described in
								5 AAC 05.200(a) - (c).
(B)
				Where regulations of the Board of Fisheries allow,
(i) salmon set gillnet entry permits issued for
				Administrative Area E (Prince William Sound) are valid in all waters of and
				adjacent to the Pacific Ocean between the longitude of Cape Fairfield and the
				longitude of Icy Cape; and
(ii)salmon
				set gillnet and salmon drift gillnet entry permits issued for Area T (Bristol
				Bay) are valid in Area T and in the areas and at the times specified in
				5 AAC 09.200(a)(1) - (3).
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 2 - Fishery Identification System, Administrative Areas and Annual Fees › 20 AAC 05.250 - Application fee

Current through May 31, 2024
(a) The application
				fee for an entry permit is $100. This fee is nonrefundable and must be paid at
				the time an application is submitted.
(b) Instead of the $100 application fee
				required under (a) of this section, an applicant may pay a fee of $50 if the
				applicant meets the eligibility standards for the federal food stamp program as
				described
				16.43.160(d).
Authority:
AS
					 16.43.100
AS
					 16.43.110
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 2 - Fishery Identification System, Administrative Areas and Annual Fees › 20 AAC 05.290 - Residency

Current through May 31, 2024
For the purpose of assessing fees for the application for,
				  annual issuance of, or renewal of entry and interim-use permits, an individual is
				  a resident of this state if, on the date of permit application, issuance, or
				  renewal, and throughout the 12-month period before that date, that individual
				  maintained their domicile in this state, did not claim residency in another
				  state, territory, or country, and did not obtain benefits under a claim of
				  residency in another state, territory, or country. For the purposes of this
				  section, "domicile" means the true and permanent home of a person from which the
				  person has no present intention of moving and to which the person intends to
				  return whenever the person is away; domicile may be proved by presenting evidence
				  acceptable to the commission.
Authority:
AS
					 01.10.055
AS
					 16.43.100
AS
					 16.43.110
AS
					 16.43.160
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 3 - Limited Fisheries › 20 AAC 05.300 - Distressed fisheries

Current through May 31, 2024
The commission designates the following as distressed
				  fisheries based upon its estimate that the optimum number of entry permits for
				  these fisheries will be less than the highest number of units of gear fished in
				  these fisheries during any one of the four years immediately preceding January 1,
				  1973:
Salmon Fisheries
(1) Southeastern Alaska (A)
drift gillnet fishery*

(2) Prince William Sound (E)
drift gillnet fishery

(3) Cook Inlet (H)
drift gillnet fishery
set gillnet fishery

(4) Kodiak (K)
purse seine fishery

(5) Alaska Peninsula-Aleutian Islands (M)
drift gillnet fishery

(6) Bristol Bay (T)
drift gillnet fishery
set gillnet fishery
*In area A the drift gillnet fishery includes the set gillnet fishery.
Authority:
AS
					 16.43.110(a)
AS
					 16.43.230
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 4 - Interim-Use Permits › 20 AAC 05.400 - Interim-use permit required

Current through May 31, 2024
(a) An interim-use
				permit is required under
				20 AAC 05.100 and
				20 AAC 05.110 for any commercial fishery not designated in
				20 AAC 05.300 and
				20 AAC 05.310.
(b) For all applicants for interim-use permits,
				there is a rebuttable presumption that the applicant is unable to participate
				actively in the fishery if (1) for setnet permits, gear code 04, the applicant
				has not attained age 10; and (2) for all other permits, the applicant has not
				attained age 16. The rebuttable presumption established in this subsection does
				not apply to gear codes 12 (hand picking), 18 (shovel), 21 (pound), and 99
				(other).
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.210
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 4 - Interim-Use Permits › 20 AAC 05.405 - Interim-use permits before establishment of priority classifications

Current through May 31, 2024
(a) Before the
				commission establishes the maximum number of entry permits for a fishery not
				subject to a moratorium on new entrants, the commission will issue and renew
				interim-use permits to persons who submit applications under
				20 AAC 05.425 and who establish their present ability to
				participate actively as a gear operator in the fishery.
(b) After the commission establishes the
				maximum number of entry permits for a fishery and before the applicant is
				assigned to a priority classification under
				20 AAC 05.540, an interim-use permit under this section
				will be issued only to an applicant who
(1)
				submits an application under
				20 AAC 05.425; and
(2) harvested the fishery resource commercially
				as a holder of a valid gear license or interim-use permit before January 1 of the
				year in which the maximum number is established and during a year which the
				commission specifies for eligibility purposes under
				AS
				16.43.260(a).