reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 3 - Requests for Public Records › 2 AAC 96.340 - Appeal from denial; manner of making

Current through May 31, 2024
(a) A requester
				whose written request for a public record has been denied, in whole or in part,
				may ask for reconsideration of the denial by submitting a written appeal to the
				agency head.
(b) An appeal under
				(a) of this section must be mailed or hand-delivered to the agency head within
				60 working days after the denial is issued and must include the date of the
				denial and the name and address of the person issuing the denial. The appeal
				must also identify the records to which access was denied and which are the
				subject of the appeal. If an appeal is from the failure of the agency to
				respond to the records request within the appropriate time limit under
				2 AAC 96.325, the appeal must so state, must identify
				the records sought, and must identify the public agency to which the request
				was directed and the date of the request.
(c) The 60 working days within which an
				appeal must be filed begins to run upon the issuance of the denial or, if no
				denial is issued, upon the expiration of the time period within which the
				public agency should have responded.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.340 to
					 2 AAC 96.340, and made a conforming technical change to
					 2 AAC 96.340(b), to reflect Executive
					 Order 113 (2005). Executive Order 113 eliminated the Telecommunications
					 Information Council and transferred its functions to the governor and to the
					 Department of Administration. The history note for
					 2 AAC 96.340 carries forward the history from former 6
					 AAC 96.340.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
As of Register 204 (January 2013), and under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made technical corrections to
					 2 AAC 96.340.
Authority:
AS
					 40.25.110
AS 40.25.120
AS 40.25.123
AS
					 40.25.125
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 3 - Requests for Public Records › 2 AAC 96.345 - Appeal determinations; time allowed; by whom made

Current through May 31, 2024
(a) As soon as
				practicable, but not later than the 10th working day after the close of the
				record on appeal, the agency head shall issue a written determination stating
				which of the records that are the subject of the appeal will be disclosed and
				which records will not be disclosed. The written determination must comply with
				2 AAC 96.350.
(b) The agency head may extend the
				10-working-day period for a period not to exceed 30 working days upon written
				request from the requester, or by sending a written notice to the requester
				within the basic 10-working-day period.
(c) The agency head may delegate authority
				and duties under (a) and (b) of this section to a full-time employee of the
				public agency not involved in the denial and not subordinate to the employee
				responsible for the denial. The employee delegated this authority may not
				subdelegate to another employee.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.345 to
					 2 AAC 96.345, and made a conforming technical change to
					 2 AAC 96.345(a), to reflect Executive
					 Order 113 (2005). Executive Order 113 eliminated the Telecommunications
					 Information Council and transferred its functions to the governor and to the
					 Department of Administration. The history note for
					 2 AAC 96.345 carries forward the history from former 6
					 AAC 96.345.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
As of Register 204 (January 2013), and under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made technical corrections to
					 2 AAC 96.345.
Authority:
AS
					 40.25.110
AS 40.25.120
AS 40.25.123
AS
					 40.25.124
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 3 - Requests for Public Records › 2 AAC 96.350 - Contents of determination denying appeal

Current through May 31, 2024
A determination under
				  2 AAC 96.345 responding to an appeal must be in writing,
				  must specify the specific statute, regulation, or court decision that is the
				  basis for the denial, and must state briefly the reason for the denial. A
				  denial under this section is the final agency decision. A denial must further
				  state that, as provided by
				  AS
				  40.25.124, the requester may obtain judicial
				  review of the denial by appealing the denial to the superior
				  court.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.350 to
					 2 AAC 96.350, and made a conforming technical change to
					 2 AAC 96.350, to reflect Executive Order 113 (2005).
					 Executive Order 113 eliminated the Telecommunications Information Council and
					 transferred its functions to the governor and to the Department of
					 Administration. The history note for
					 2 AAC 96.350 carries forward the history from former 6
					 AAC 96.350.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
As of Register 204 (January 2013), and under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made technical corrections to
					 2 AAC 96.350.
Authority:
AS
					 40.25.110
AS 40.25.120
AS 40.25.123
AS 40.25.124
AS
					 40.25.125
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 3 - Requests for Public Records › 2 AAC 96.355 - Records in electronic form

Current through May 31, 2024
(a) Except as otherwise provided by law,
				public records maintained in electronic form are subject to disclosure and
				copying. Upon receipt of a request complying with this chapter, a public agency
				shall provide a copy of a public record in the form in which it is maintained
				or disseminated by the public agency. A public agency may not release
				proprietary software except as provided in
				2 AAC 96.440.
(b) A copy of an electronic public record is
				generated by copying the electronic file that was used to produce the printed
				form of the public record. Except as provided in (c) and (d) of this section, a
				public agency shall establish the fee to duplicate an electronic public record
				in accordance with
				2 AAC 96.360.
(c) A copy of an electronic public record in
				a geographic information system is generated by copying the plot file, the
				associated geographic and tabular files, or other files required to generate
				the printed form of the public record. A public agency shall establish the fee
				to duplicate an electronic public record in a geographic information system in
				accordance with
				2 AAC 96.460.
(d) The Department of Public Safety will
				establish the fee for a copy of an electronic public record in a vehicle
				registration list in accordance with
				2 AAC 96.460.
(e) A public agency entering into a contract
				with a private, public, or nonprofit entity to provide electronic copies of
				public records is not relieved from complying with
				AS
				40.25.110 and this chapter.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.355 to
					 2 AAC 96.355, and made conforming technical changes to
					 2 AAC 96.355, to reflect Executive Order 113 (2005).
					 Executive Order 113 eliminated the Telecommunications Information Council and
					 transferred its functions to the governor and to the Department of
					 Administration. The history note for
					 2 AAC 96.355 carries forward the history from former 6
					 AAC 96.355.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
Authority:
AS
					 40.25.110
AS 40.25.115
AS 40.25.120
AS
					 40.25.123
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 3 - Requests for Public Records › 2 AAC 96.360 - Copies and fees

Current through May 31, 2024
(a) A public agency shall prescribe in
				writing the standard unit charge for copies of public records.
(b) The fee to search for and duplicate a
				public record may reflect
(1) actual costs for
				copying the record in the requested format, including costs for paper, tapes,
				microfiche, disks or other media;
(2) costs incurred by the agency to duplicate
				the record, including computer processing time; and
(3) salary and benefits costs for the
				employees performing the work, including computer programming work required to
				extract or copy the records, as set out in
				AS
				40.25.110.
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 3 - Requests for Public Records › 2 AAC 96.370 - Public interest fee waiver or reduction for public records

Current through May 31, 2024
(a) For purposes of
				a public interest fee waiver or reduction under
				AS
				40.25.110(d), and
				notwithstanding
				2 AAC 96.220 and
				2 AAC 96.230, a waiver or reduction shall be granted if
				the requester certifies and the agency finds that the requester has established
				that
(1) the records are likely to contribute
				significantly to the public's understanding of the operations or activities of
				the state government;
(2) the
				records are not sought primarily for a purpose that is commercial or
				financial;
(3) the records are not
				sought by or on behalf of a person involved in litigation, including any
				judicial or administrative proceeding, arbitration, or mediation, with a public
				agency in which the records are relevant;
(4) the combined amount of all fee waivers
				and reductions granted to the requester and to any other requesters acting in
				concert with the requester in making requests for the same or related records
				does not exceed $500 during any period of 12 consecutive months; and
(5) the requested fee waiver or reduction
				does not cause the requester to exceed the amount allowed under (b) of this
				section.
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 4 - Requests for Electronic Services and Products › 2 AAC 96.400 - Agency responsibilities

Current through May 31, 2024
(a) A public agency
				providing electronic services and products shall adopt procedures for handling
				requests, including fee schedules and procedures for negotiating any written
				agreements that may be required.
(b) A public agency may contract with a
				private, public, or nonprofit entity to provide electronic services and
				products. A contract under this subsection must provide that the state retains
				ownership of public records, and that the public agency must ensure compliance
				with AS
				40.25.110 -
				AS
				40.25.220, this chapter, and the state's
				records management program.
(c) A
				public agency shall identify databases that undergo periodic or continuous
				updates.
(d) A public agency shall
				notify the requester of electronic services and products that any agreement for
				those services or products must contain a release of liability that the public
				agency is not liable for any harm or injury that a requester may suffer as a
				consequence of any inaccurate information the requester may obtain through the
				electronic service or product.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.400 to
					 2 AAC 96.400, to reflect Executive Order 113 (2005).
					 Executive Order 113 eliminated the Telecommunications Information Council and
					 transferred its functions to the governor and to the Department of
					 Administration. The history note for
					 2 AAC 96.400 carries forward the history from former 6
					 AAC 96.400.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
As of Register 204 (January 2013), and under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made technical corrections to
					 2 AAC 96.400.
Authority:
AS
					 40.25.110
AS 40.25.115
AS 40.25.120
AS
					 40.25.123
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 4 - Requests for Electronic Services and Products › 2 AAC 96.410 - Form of request

Current through May 31, 2024
(a) Except as provided in (b) and (d) of this
				section, a request to a public agency for electronic services and products must
				be in writing. A request form may be provided by a public agency, but a request
				may not be denied solely because it is not on that form. If a request includes
				a stamped, addressed postcard, the public agency shall promptly use it to
				acknowledge the date the request was received.
(b) An oral request for electronic services
				and products is considered a valid request under this chapter. If the request
				involves a variety of electronic services and products, a public agency may
				require that the request be submitted in writing.
(c) An oral request is deemed denied if not
				granted within 10 working days after the office of the public agency
				responsible for providing the requested electronic services and products
				receives the request, excluding the request day and including the following 10
				working days. The decision to grant or deny a request under (b) of this section
				is within the sole discretion of the public agency. Upon receipt of an oral
				request, a public agency shall inform the requester of the provisions of this
				section.
(d) If a requester making
				an oral request for electronic services and products is unable to write a
				request due to a physical or mental disability, the public agency shall assist
				the requester in preparing a written request, or treat the oral request as a
				written request.
(e) A requester
				must describe the electronic services and products sought with enough
				specificity to allow the public agency to ascertain the electronic services and
				products that are requested.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.410 to
					 2 AAC 96.410, to reflect Executive Order 113 (2005).
					 Executive Order 113 eliminated the Telecommunications Information Council and
					 transferred its functions to the governor and to the Department of
					 Administration. The history note for
					 2 AAC 96.410 carries forward the history from former 6
					 AAC 96.410.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
As of Register 204 (January 2013), and under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made technical corrections to
					 2 AAC 96.410.
Authority:
AS
					 40.25.115
AS 40.25.120
AS
					 40.25.123
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 4 - Requests for Electronic Services and Products › 2 AAC 96.420 - Response to request; agreement for electronic services and products

Current through May 31, 2024
(a) A public
				agency may require a written agreement, signed by the requester and an
				authorized officer of the public agency, before beginning work required to
				provide electronic services and products. The agreement shall include
(1) estimated fees and payment
				arrangements;
(2) provisions to
				protect the security and integrity of the information system; and
(3) a release of liability for the public
				agency providing the electronic services and products.
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 4 - Requests for Electronic Services and Products › 2 AAC 96.430 - Denial of a request

Current through May 31, 2024
When a request for electronic services or products is denied
				  because the public agency cannot reasonably provide the requested work, the
				  public agency shall provide a response to the requester explaining that the
				  requested service or product cannot be provided. To the extent possible, the
				  response must further inform the requester of how to obtain the public records
				  that would have been used to satisfy the request for electronic services and
				  products.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.430 to
					 2 AAC 96.430, to reflect Executive Order 113 (2005).
					 Executive Order 113 eliminated the Telecommunications Information Council and
					 transferred its functions to the governor and to the Department of
					 Administration. The history note for
					 2 AAC 96.430 carries forward the history from former 6
					 AAC 96.430.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
As of Register 204 (January 2013), and under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney made technical corrections to
					 2 AAC 96.430.
Authority:
AS
					 40.25.110
AS 40.25.115
AS 40.25.120
AS
					 40.25.123
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 4 - Requests for Electronic Services and Products › 2 AAC 96.440 - Software copyrights

Current through May 31, 2024
(a) A public agency may adopt procedures
				governing the duplication and distribution of copyrighted software owned by the
				state, in order to protect that agency's rights under
				AS
				44.99.400. These procedures may not conflict
				with AS
				40.25.110 -
				AS
				40.25.220 and this chapter.
(b) Nothing in this section shall be
				interpreted to limit or impair the rights or protection granted to a public
				agency under federal copyright law as a result of its ownership of the
				copyright to the state.
(c) A
				public agency may charge a reasonable fee for software copyrighted under this
				section. Fees shall be established in accordance with
				2 AAC 96.460.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.440 to
					 2 AAC 96.440, and made a conforming technical change to
					 2 AAC 96.440(c), to reflect Executive
					 Order 113 (2005). Executive Order 113 eliminated the Telecommunications
					 Information Council and transferred its functions to the governor and to the
					 Department of Administration. The history note for
					 2 AAC 96.440 carries forward the history from former 6
					 AAC 96.440.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
Authority:
AS
					 40.25.110
AS 40.25.115
AS 40.25.120
AS
					 40.25.123
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 4 - Requests for Electronic Services and Products › 2 AAC 96.450 - Public terminals; on-line access

Current through May 31, 2024
Before providing on-line access to an electronic file or
				  database, a public agency shall ensure that
(1) access instructions or assistance are
				provided to persons using public terminals;
(2) access to nondisclosable information is
				prohibited; and
(3) protection is
				provided against intentional or accidental disclosure, modification, or
				destruction of records.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.450 to
					 2 AAC 96.450, to reflect Executive Order 113 (2005).
					 Executive Order 113 eliminated the Telecommunications Information Council and
					 transferred its functions to the governor and to the Department of
					 Administration. The history note for
					 2 AAC 96.450 carries forward the history from former 6
					 AAC 96.450.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
Authority:
AS
					 40.25.110
AS 40.25.115
AS 40.25.120
AS
					 40.25.123
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 4 - Requests for Electronic Services and Products › 2 AAC 96.460 - Fees for electronic services and products; fee review

Current through May 31, 2024
(a) A public agency
				shall prescribe, in writing, in advance of processing a request for electronic
				services and products, all fees for providing those services and products, and
				shall provide an estimate of fees to the requester.
(b) A public agency shall adopt a fee
				schedule for electronic services and products in accordance with
				AS
				40.25.115 and this chapter.
(c) A public agency that has not adopted a
				fee schedule for electronic services and products may charge no more than the
				rates established by the Department of Administration and published in the
				"Guide to Data Center & Telecommunications Services", October, 1994. A
				public agency may use those rates until that public agency adopts a fee
				schedule.
(d) A public agency shall
				set out, in writing, the assumptions used to calculate rates and document the
				agency's costs and the rate formulas. A public agency shall monitor the use and
				costs of the data processing services used to support the building and
				operation of the agency's information system, and then shall bill requesters no
				more than their proportional use of the information system. A public agency may
				use federal guidelines, such as Federal Information Processing Standard 96 or a
				similar standard, to develop, adopt, and implement a charging system. Suggested
				guidelines for establishing a public agency fee schedule for electronic
				services and products include
(1) forecasting
				the estimated volume of usage for each electronic service and product produced
				by the public agency; these usage forecasts should generally be in terms of the
				number of service units, including processing unit seconds, records printed,
				data stored, and programmer analyst hours of each data processing service to be
				used for a given rate period;
(2)
				forecasting the costs of all the various resources, including hardware,
				software, personnel, and development and maintenance costs of the information
				system used to provide the electronic service or product;
(3) distributing the resource costs to each
				of the services according to the resources required to support the service or
				product; and
(4) determining rates
				by dividing the total cost of each service or product by the total estimated
				volume of usage.
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 4 - Requests for Electronic Services and Products › 2 AAC 96.470 - Public purpose fee waiver or reduction for electronic services and products

Current through May 31, 2024
(a) For
				purposes of a public purpose fee waiver or reduction under
				AS
				40.25.115(b), and
				notwithstanding
				2 AAC 96.220 and
				2 AAC 96.230, a waiver or reduction shall be granted if
				the requester certifies and the agency finds that the requester has established
				that
(1) the electronic services and products
				are likely to contribute significantly to the public's understanding of the
				operations or activities of the state government;
(2) the electronic services and products are
				not sought primarily for a purpose that is commercial or financial;
(3) the electronic services and products are
				not sought by or on behalf of a person involved in litigation, including any
				judicial or administrative proceeding, arbitration, or mediation, with a public
				agency in which the electronic services and products are relevant;
(4) the combined amount of all fee waivers
				and reductions granted to the requester and to any other requesters acting in
				concert with the requester in making requests for the same or related
				electronic services and products does not exceed $500 during any period of 12
				consecutive months; and
(5) the
				requested fee waiver or reduction does not cause the requester to exceed the
				amount allowed under (b) of this section.
Alaska Administrative Code › Title 2 - Administration › Chapter 96 - Public Information › Article 5 - General Provisions › 2 AAC 96.900 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this
				  chapter
(1) "agency head" means the
				principal executive officer of a public agency;
(2) deleted;
(3) "database" means information that is
				created or compiled by a public agency or its agent to support the public
				agency's primary business or responsibility and that contains a set of
				interrelated data or data files in a computerized form organized so the data
				can be expanded, updated, and retrieved rapidly;
(4) "electronic format" means information
				that is not stored in paper format, including electronic information stored or
				provided in computer-based, optical, magnetic, or microfiche forms;
(5) "geographic information system" or "GIS"
				means an integrated system linking spatial and tabular data that is a system of
				computer hardware, software, and procedures supporting the capture, management,
				manipulation, analysis, and display of spatially referenced data;
(6) "hard copy" means a copy of a record in
				printed format;
(7) "public agency"
				has the same meaning as in
				AS
				40.25.220, but is limited to public agencies
				in the executive branch of the state not excluded by
				AS
				40.25.123;
(8) "public terminal" means an input or
				output device, established and operated by a public agency for the use and
				benefit of the public and provides access to electronic public
				records;
(9) "standard unit charge"
				means the predetermined cost incurred by a public agency to produce a unit of
				product or to perform a particular operation under normal operating
				conditions;
(10) "working day"
				means every day except Saturday, Sunday, or a legal state holiday.
As of Register 176 (January 2006), and acting under
					 AS
					 44.62.125(b)(6), the
					 regulations attorney relocated former 6 AAC 96.900 to
					 2 AAC 96.900, and deleted the definition of "council" in
					 2 AAC 96.900(2), to reflect Executive
					 Order 113 (2005). Executive Order 113 eliminated the Telecommunications
					 Information Council and transferred its functions to the governor and to the
					 Department of Administration. The history note for
					 2 AAC 96.900 carries forward the history from former 6
					 AAC 96.900.
As of Register 158 (July 2001), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6), to reflect
					 the 2000 renumbering of former AS 09.25.100-09.25.220 by the revisor of
					 statutes. The provisions of former AS 09.25.100-09.25.220 were relocated to
					 AS
					 40.25.100-40.25.220.
Authority:
AS
					 40.25.110
AS 40.25.115
AS 40.25.120
AS 40.25.123
AS
					 40.25.220
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 01 - Financial Institution General Administration › Article 1 - Powers of the Department › 3 AAC 01.010 - Adjudicatory hearings

Current through May 31, 2024
(a)
Setting Hearings.
When the
				  department intends to issue or has issued an order directing a person to stop
				  an act or practice considered by the department to be unsafe or unsound, or in
				  violation of or likely to violate an order of the department, the provisions of
				  AS 06, or regulations adopted under AS 06, the department will hold a hearing
				  on the order or proposed order, on the department's own motion or upon timely
				  written request by
(1) a person subject to
				  the order or proposed order; or
(2)
				  a person having a contractual relationship with the person subject to the order
				  and who is directly affected by the order or proposed order, except that a
				  person does not obtain standing to request a hearing solely due to the person's
				  status as a depositor.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 01 - Financial Institution General Administration › Article 1 - Powers of the Department › 3 AAC 01.110 - Semiannual assessment of deposit institutions

Current through May 31, 2024
(a) The department
				  will assess a state-chartered deposit institution a regulatory fee based on
				  total assets shown in the December 31 and June 30 report of condition. The
				  assessment will be collected semiannually and will be computed using the
				  following schedule:
(1) up to $20,000,000;
				  $6,000;
(2) $20,000,001 or more,
				  but not over $100,000,000; $8,000 plus .000124 of total assets over
				  $20,000,000;
(3) $100,000,001 or
				  more, but not over $200,000,000; $18,000 plus .000122 of total assets over
				  $100,000,000;
(4) $200,000,001 or
				  more, but not over $300,000,000; $31,000 plus .000114 of total assets over
				  $200,000,000;
(5) $300,000,001 or
				  more, but not over $500,000,000; $43,000 plus .000061 of total assets over
				  $300,000,000;
(6) $500,000,001 or
				  more, but not over $1,000,000,000; $56,000 plus .000038 of total assets over
				  $500,000,000;
(7) $1,000,000,001 or
				  more, but not over $3,000,000,000; $80,000 plus .000023 of total assets over
				  $1,000,000,000;
(8) over
				  $3,000,000,001; $126,000 plus .000015 of total assets over $3,000,000,000.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 01 - Financial Institution General Administration › Article 3 - Prohibited Practices and Sanctions › 3 AAC 01.210 - Communications in debt collection

Current through May 31, 2024
(a) A creditor may
				  not communicate with a debtor regarding the collection of a debt without the
				  prior written consent of the debtor or pursuant to an order by a court of
				  competent jurisdiction
(1) after written
				  notification from an attorney representing the debtor that all further
				  communications regarding the loan must be addressed to the attorney, unless the
				  attorney fails to respond within a reasonable time to the creditor's inquiries
				  regarding the debt or the attorney consents to direct communication with the
				  debtor;
(2) at the debtor's place
				  of employment unless the debtor's employer permits employees to receive those
				  communications during working hours.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 01 - Financial Institution General Administration › Article 3 - Prohibited Practices and Sanctions › 3 AAC 01.220 - False or misleading representations

Current through May 31, 2024
A creditor may not use any false, deceptive or misleading
					 representation or means in connection with the collection of any debt,
					 including but not limited to the following:
(1) any false representation
(A) that the lender is vouched for, bonded
				  by, or affiliated with the United States or any state;
(B) of the character, amount or legal status
				  of any debt;
(C) of any services
				  rendered or compensation due the creditor for the collection of any
				  debt;
(D) that documents are not
				  legal process forms or do not require action by the debtor;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 01 - Financial Institution General Administration › Article 4 - General Provisions › 3 AAC 01.905 - Records; disclosure and limitation on disclosure

Current through May 31, 2024
(a) The records,
				  reports, and correspondence files of the division with respect to financial
				  institutions are not public documents, are not subject to subpoena, and are not
				  open for inspection by the public. Neither the commissioner, the director, nor
				  a member of their respective staffs will disclose information obtained in the
				  discharge of official duties to a person not connected with the division,
				  except that the commissioner will, in the commissioner's discretion, disclose
				  that information to
(1) representatives of
				  federal agencies insuring accounts in the financial institution;
(2) representatives of federal agencies,
				  other states, and foreign countries having supervisory authority over the
				  activities of the financial institution or enterprises, or similar financial
				  institutions or enterprises, if those representatives are permitted to and do,
				  upon request of the commissioner, disclose similar information respecting those
				  financial institutions under their supervision;
(3) the attorney general of this state;
				  and
(4) a person or financial
				  institution the records, reports, or correspondence that apply to that
				  particular person or financial institution; the records, reports, or
				  correspondence will not be disclosed to a person who is not a current account
				  holder, except in the discretion of the commissioner.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 01 - Financial Institution General Administration › Article 4 - General Provisions › 3 AAC 01.910 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
					 otherwise
(1) "communicating" means
				  conveying information regarding a debt, directly or indirectly, to any person
				  through any medium;
(2) "creditor"
				  means a financial institution with a certificate of authority or license issued
				  by the department under AS 06 to conduct business as a financial institution in
				  this state including, but not limited to, commercial and mutual savings banks,
				  savings associations, trust companies, finance company licensees, and premium
				  finance company licensees;
(3)
				  "debt" means any obligation or alleged obligation to pay money, whether or not
				  the obligation has been reduced to judgment;
(4) "debtor" means any person obligated or
				  allegedly obligated to pay any debt and, in the case where the debtor is a
				  minor, includes the guardian, executor, administrator, or parent of the
				  debtor;
(5) "department" means the
				  Department of Commerce, Community, and Economic Development;
(6) "director" means the director of banking
				  and securities in the department or the director's designee;
(7) "division" means the division of banking
				  and securities in the department.
As of Register 171 (October 2004), the regulations
						attorney made technical revisions under
						AS
						44.62.125(b)(6) to reflect
						the name change of the Department of Community and Economic Development to the
						Department of Commerce, Community, and Economic Development made by ch. 47, SLA
						2004 and the corresponding title change of the commissioner of community and
						economic development.
Authority:
AS
						06.05.005
AS 06.15.010
AS 06.20.340
AS 06.26.250
AS 06.40.180
AS
						06.45.010
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 1 - Powers of the Department of Commerce › 3 AAC 02.010 - Retention or destruction of records

Current through May 31, 2024
A bank shall maintain records of administration, cash,
					 deposits, collections, United States Savings Bonds, and data processing for a
					 minimum of 5 years, or longer if required by  31 C.F.R. 1010.410(d), revised as
					 of October 26, 2010, and as amended from time to time.
Authority:
AS
						06.05.005(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 1 - Powers of the Department of Commerce › 3 AAC 02.020 - Reports to the department

Current through May 31, 2024
(a) A bank shall
				  prepare the quarterly reports of condition required under
				  AS
				  06.05.045(a) on the FFIEC
				  Consolidated Reports of Condition and Income form and, if the bank is required
				  to file the form with the FDIC or the Federal Reserve Bank, the report to the
				  department must be a duplicate of the form filed with that agency.
(b) If compatible and with the approval of
				  the department, a bank may file reports required by the department by means of
				  electronic mail. If a signature is otherwise required, the department may
				  accept an electronic signature in lieu of an original signature. If a bank
				  files a report under this section, the bank shall maintain the original version
				  of the report until the next examination by the department.
(c) In performing its annual examination of a
				  state bank to be submitted to the department as required under
				  AS
				  06.05.438(d), the board of
				  directors shall have the books and records of the bank examined and a report
				  prepared by an independent certified public accountant who has no interest,
				  financial or otherwise, in the bank.
Authority:
AS
						06.05.045
AS
						06.05.055
AS
						06.05.438
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 1 - Powers of the Department of Commerce › 3 AAC 02.030 - Examinations

Current through May 31, 2024
The examinations required under
					 AS
					 06.01.015 may be conducted in alternate
					 years, as appropriate, if the department determines that an examination of the
					 financial institution conducted by the FDIC or other federal agency that
					 regulates financial institutions, during the intervening year carries out the
					 purposes of
					 AS
					 06.01.015.
Authority:
AS
						06.01.015
AS
						06.05.005(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 2 - Banking Practices › 3 AAC 02.110 - Reserves against deposits

Current through May 31, 2024
(a) In order to
				  protect liquidity, a state bank shall comply with the reserve requirements
				  imposed upon depository institutions by  12 C.F.R. 204, revised as of November
				  16, 2009, and adopted by reference.
(b) If a bank fails to maintain the reserve
				  required in (a) of this section, the department may determine that the bank is
				  in danger of becoming illiquid, and that the bank is engaged in an unsafe or
				  unsound practice as defined in
				  AS
				  06.01.030(h) or is in unsafe
				  or unsound condition as defined in
				  AS
				  06.05.990. The bank shall submit to the
				  department, no later than 15 days after the department notifies the bank of its
				  determination, a business plan to correct the condition and bring the bank into
				  compliance with the requirements of this section.
Authority:
AS
						06.05.005
AS
						06.05.200
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 2 - Banking Practices › 3 AAC 02.112 - Disclosure of account charges

Current through May 31, 2024
In meeting the requirement of
					 AS
					 06.05.120 that a bank post a schedule of
					 charges for certain accounts, a bank may make available upon request pamphlets,
					 brochures, or other documents that clearly set out the required information and
					 post a sign, readily visible, indicating the existence of the pamphlets,
					 brochures or other documents.
Authority:
AS
						06.05.005(a)
AS
						06.05.120
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 2 - Banking Practices › 3 AAC 02.120 - Reporting loans over $500,000

Current through May 31, 2024
(a) The purpose of
				  this section is to encourage the board of directors to review larger loans to
				  ensure that lending practices are consistent with the bank's established
				  lending policies, but not to require the reporting of the aggregate liability
				  of a borrower.
(b) In each report
				  to the board of directors under
				  AS
				  06.05.438(c), the reporting
				  officer shall specifically identify each loan made since the last report that
				  exceeds $500,000.
In making 3 AAC 02.120 permanent, the regulations
						attorney reorganized the section.
Authority:
AS
						06.05.005
AS
						06.05.438
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 2 - Banking Practices › 3 AAC 02.121 - Credit cards for officers

Current through May 31, 2024
An officer of a state bank may have an uncollateralized
					 credit card balance of up to $10,000 as a loan with that bank. For purposes of
					 AS
					 06.05.210(a), such a loan
					 must be approved by the board of directors of that bank only at the time the
					 credit card is issued and the unpaid balance of the loan need not be reported
					 to the department, unless it is $10,000 or greater.
Authority:
AS
						06.05.005
AS
						06.05.210
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 2 - Banking Practices › 3 AAC 02.122 - Lending standards

Current through May 31, 2024
A bank may not make a loan unless the bank has determined
					 and documented, in the loan file, the type, amount, purpose, and repayment
					 provisions of the loan and an analysis of the credit worthiness of the
					 borrower.
Authority:
AS
						06.05.005(a)
AS
						06.05.207
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 2 - Banking Practices › 3 AAC 02.125 - Loan lending limits

Current through May 31, 2024
(a) For purposes of determining compliance
				  with the loan lending limits in
				  AS
				  06.05.205, the department will consider a
				  loan fully secured if the fair market value of the collateral for the loan
				  exceeds the total principal, interest, and other charges owed to or incurred by
				  the bank on the loan.
(b) For
				  purposes of calculating the maximum amount that may be loaned to one borrower
				  under AS
				  06.05.205(b), the "total
				  capital accounts of the bank" must include the bank's capital accounts plus its
				  loan loss reserves.
(c) A loan made
				  to one borrower must be attributed to and combined with loans to another, for
				  purposes of the lending limits in
				  AS
				  06.05.205(b), when
(1) the proceeds of the loan to one borrower
				  are to be used for the direct benefit of the other;
(2) the expected source of repayment of the
				  loans is the same;
(3) there is
				  substantial financial interdependence between the two borrowers, including
				  where a majority of one's income is derived from sales or other transactions
				  with the other; or
(4) the proceeds
				  of the loans to each person will be used to purchase a business enterprise in
				  which the borrowers will have a majority interest.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 2 - Banking Practices › 3 AAC 02.129 - Small loans

Current through May 31, 2024
A financial institution organized under AS 06.05 or AS
					 06.15 may make loans on terms consistent with the provisions of
					 AS
					 06.20.230-06.20.310 and
					 3 AAC 12.100 -
					 3 AAC 12.210 without obtaining a license under
					 AS
					 06.20.010.
Authority:
AS
						06.01.020
AS 06.05.005
AS
						06.15.010
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 1 - Banking, Securities, Small Loans and Corporations › Chapter 02 - Banking › Article 2 - Banking Practices › 3 AAC 02.135 - Disposition of property not needed for banking business

Current through May 31, 2024
(a) The time limit
				  for disposing of real estate not necessary for the convenient transaction or
				  promotion of a banking business, including property acquired to satisfy loans,
				  is two years from the date the bank receives title to the property. Real
				  property not disposed of within two years shall be written down annually at the
				  rate of 20 percent of the book value at the time of acquisition until the book
				  value is reduced to $10. The book value of the property must remain at $10
				  until disposed of by the bank.
(b)
				  Repealed 1/10/94.
(c) The time
				  limit for disposing of personal property not necessary for the convenient
				  transaction or promotion of a banking business, including property acquired to
				  satisfy loans, is one year from the date the bank receives title to the
				  property, unless the department approves a longer time limit in a particular
				  case. Personal property not disposed of within the time limit of this
				  subsection shall be charged off in its entirety.
Authority:
AS
						06.05.005(a)
AS 06.05.230
AS 06.05.240
AS
						06.05.245