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Title 2 . Administration
Chapter 96 . Public Information
Section 100. Applicability

2 AAC 96.100. Applicability

(a) This chapter applies to

(1) requests made to a public agency for the disclosure of public records;

(2) the format used and the fees charged by a public agency in providing or disclosing public records; and

(3) the electronic services and products, including software copyrights, that a public agency may provide to access public records.

(b) Records that are readily available for public inspection are not subject to the procedures of this chapter. In this subsection, "readily available" means available during state business hours in an agency's office or in a public library. Records that are readily available for public inspection include records in unrestricted state archives, state recorder offices; records pertaining to a public agency's regularly conducted and regularly recorded activities, including its adjudicatory proceedings; library books; books still in print; statutes; case law reporters; magazines; journals; published regulations; state land plats; natural resource case files; motor vehicle records; and treatises. If records that are defined as readily available under this subsection are withheld or access is denied, then the records are no longer considered to be readily available for public inspection.

(c) Notwithstanding this chapter, a public agency may adopt its own procedures for administrative appeals of a public agency's denial, in whole or part, of a public records request.

(d) This chapter does not prescribe substantive standards for determining if information and records are disclosable or nondisclosable.

(e) Except for the provisions of 2 AAC 96.240, 2 AAC 96.440, 2 AAC 96.450, and 2 AAC 96.460, this chapter does not apply to records of the Alaska Industrial Development and Export Authority. The procedures applicable to the Alaska Industrial Development and Export Authority are contained in the booklet entitled "Procedures for Inspection of Records" dated July 1, 1999, prepared by the Alaska Industrial Development and Export Authority and adopted by reference in this subsection.

History: Eff. 11/6/94, Register 132; am 6/22/2000, Register 154

Authority: AS 40.25.110

AS 40.25.115

AS 40.25.120

AS 40.25.123

Editor's note: As of Register 176 (January 2006), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 6 AAC 96.100 to 2 AAC 96.100, and made conforming technical changes to 2 AAC 96.100(e) , 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 96.100 carries forward the history from former 6 AAC 96.100.

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.

The Alaska Industrial Development and Export Authority's Procedures for Inspection of Records , adopted by reference in 2 AAC 96.100(e) , is available on the authority's website, at the following Internet address: http://www.aidea.org/statutes.html


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Last modified 7/05/2006