(a) At least 30 days before the adoption, amendment, or repeal of a regulation, notice of the proposed action shall be
(1) published in the newspaper of general circulation or trade or industry publication that the state agency prescribes and posted on the Alaska Online Public Notice System; in the discretion of the state agency giving the notice, the requirement of publication in a newspaper or trade or industry publication may be satisfied by using a combination of publication and broadcasting; when broadcasting the notice, an agency may use an abbreviated form of the notice if the broadcast provides the name and date of the newspaper or trade or industry journal and the Internet address of the Alaska Online Public Notice System where the full text of the notice can be found;
(2) furnished to every person who has filed a request for notice of proposed action with the state agency;
(3) if the agency is within a department, furnished to the commissioner of the department;
(4) when appropriate in the judgment of the agency,
(A) furnished to a person or group of persons whom the agency believes is interested in the proposed action; and
(B) published in the additional form and manner the state agency prescribes;
(5) furnished to the Department of Law together with a copy of the proposed regulation, amendment, or order of repeal for the department’s use in preparing the opinion required after adoption and before filing by AS 44.62.060;
(6) furnished by electronic format to all incumbent State of Alaska legislators.
(b) If the form or manner of notice is prescribed by statute, in addition to the requirements of filing and furnishing notice under AS 44.62.010 — 44.62.300, or in addition to the requirements of filing and mailing notice under other sections of this chapter, the notice shall be published, posted, mailed, filed, or otherwise publicized as prescribed by the statute.
(c) The failure to furnish notice to a person as provided in this section does not invalidate an action taken by an agency under AS 44.62.180 — 44.62.290.
(d) Along with a notice furnished under (a)(2), (4)(A), or (6) of this section, the state agency, except the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, and the Alaska Oil and Gas Conservation Commission, shall include
(1) the reason for the proposed action, including, if applicable, an identification of the law, order, decision, or other action of the federal government or a federal or state court that is the basis for the proposed action; in this paragraph, “federal government” means a department, agency, corporation, or instrumentality of the United States government;
(2) the initial cost to the state agency of implementation;
(3) the estimated annual costs, based on a good faith effort to estimate the costs in the aggregate for each of the following categories using the information available to the state agency, to
(A) private persons to comply with the proposed action;
(B) the state agency for implementation and to other state agencies to comply with the proposed action; and
(C) municipalities to comply with the proposed action;
(4) the name of the contact person for the state agency; and
(5) the origin of the proposed action.
(e) Notwithstanding (a) of this section, if a person who is to receive a notice under (a) of this section requests that the state agency mail the notice, the state agency shall furnish the notice to the person by mail.
(f) To the extent feasible, the subject line of electronic mail and the title of a written publication providing the information required by (d) of this section must give the reader a fair idea of the substance of the proposed new regulation, the proposed amended regulation, or the regulation proposed for repeal.
(g) Along with a notice furnished under (a)(2), (4)(A), or (6) of this section, the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, and the Alaska Oil and Gas Conservation Commission shall include the reason for the proposed action, the initial cost of implementation to the state agency, the estimated annual costs of implementation to the state agency, the name of a contact person, and the origin of the proposed action.
Other Sections in this Chapter:
- Sec. 44.62.010. Application to State Organization Act of 1959.
- Sec. 44.62.020. Authority to adopt, administer, or enforce regulations.
- Sec. 44.62.030. Consistency between regulation and statute.
- Sec. 44.62.040. Submitting regulations.
- Sec. 44.62.050. Style and forms.
- Sec. 44.62.060. Preparation and filing.
- Sec. 44.62.070. Fees.
- Sec. 44.62.080. Endorsement and filing.
- Sec. 44.62.090. Filing with local government unit clerks. [Repealed, § 2 ch 57 SLA 1969.] Repealed
- Sec. 44.62.100. Presumptions from filing.
- Sec. 44.62.110. Presumptions from publication.
- Sec. 44.62.120. Voluntary submitting and publication.
- Sec. 44.62.125. Regulations attorney.
- Sec. 44.62.130. Codification and publication.
- Sec. 44.62.140. Distribution of code and register.
- Sec. 44.62.150. Price. [Repealed, § 49 ch 127 SLA 1974.] Repealed
- Sec. 44.62.160. Date and content of register.
- Sec. 44.62.170. Form of publication. [Repealed, § 2 ch 57 SLA 1969.] Repealed
- Sec. 44.62.175. Alaska Online Public Notice System.
- Sec. 44.62.180. Effective date.
- Sec. 44.62.195. Fiscal notes on regulations.
- Sec. 44.62.200. Contents of notice.
- Sec. 44.62.210. Public proceedings.
- Sec. 44.62.213. Agency contact with the public.
- Sec. 44.62.215. Record of public comment.
- Sec. 44.62.218. Regulations affecting small businesses. [Repealed, § 2 ch 91 SLA 2005.] Repealed
- Sec. 44.62.220. Right to petition.
- Sec. 44.62.230. Procedure on petition.
- Sec. 44.62.240. Limitation on retroactive action.
- Sec. 44.62.245. Material incorporated by reference.
- Sec. 44.62.250. Emergency regulations.
- Sec. 44.62.260. Limitation on effective period of emergency regulations.
- Sec. 44.62.270. State policy.
- Sec. 44.62.280. Purpose of AS 44.62.180
- Sec. 44.62.290. Limits of the application of AS 44.62.180
- Sec. 44.62.300. Judicial review of validity.
- Sec. 44.62.305. Judicial relief in administrative matters.
- Sec. 44.62.310. Government meetings public.
- Sec. 44.62.312. State policy regarding meetings.
- Sec. 44.62.319. Short title.
- Sec. 44.62.330. Application of AS 44.62.330
- Sec. 44.62.340. Delegation of power by agencies.
- Sec. 44.62.350. Appointment of hearing officers.
- Sec. 44.62.360. Accusation.
- Sec. 44.62.370. Statement of issues.
- Sec. 44.62.380. Service of accusation.
- Sec. 44.62.390. Notice of defense.
- Sec. 44.62.400. Amended or supplemental accusation.
- Sec. 44.62.410. Time and place of hearing.
- Sec. 44.62.420. Form of notice of hearing.
- Sec. 44.62.430. Subpoenas; witness fees.
- Sec. 44.62.440. Depositions.
- Sec. 44.62.450. Hearings.
- Sec. 44.62.460. Evidence rules.
- Sec. 44.62.470. Evidence by affidavit.
- Sec. 44.62.480. Official notice.
- Sec. 44.62.490. Amendment of accusation after submission.
- Sec. 44.62.500. Decision in a contested case.
- Sec. 44.62.510. Form and retroactivity of decision.
- Sec. 44.62.520. Effective date of decision; stay.
- Sec. 44.62.530. Default.
- Sec. 44.62.540. Reconsideration.
- Sec. 44.62.550. Petition for reinstatement or reduction of penalty.
- Sec. 44.62.560. Judicial review.
- Sec. 44.62.570. Scope of review.
- Sec. 44.62.580. Continuances.
- Sec. 44.62.590. Contempt.
- Sec. 44.62.600. Voting procedure.
- Sec. 44.62.610. Charge.
- Sec. 44.62.620. Power to administer oaths.
- Sec. 44.62.630. Impartiality.
- Sec. 44.62.635. [Renumbered as AS 44.62.930 Renumbered
- Sec. 44.62.640. Definitions for AS 44.62.010
- Sec. 44.62.650. [Renumbered as AS 44.62.950 Renumbered
- Sec. 44.62.710. Purpose and applicability of AS 44.62.710
- Sec. 44.62.720. Determination of need for negotiated regulation making committee.
- Sec. 44.62.730. Use of convener.
- Sec. 44.62.740. Establishment, time line, support, and termination of committee.
- Sec. 44.62.750. Committee duties, procedures, and report.
- Sec. 44.62.760. Facilitator selection, duties, and authority.
- Sec. 44.62.770. Employees, contractors, and funding.
- Sec. 44.62.780. Judicial review.
- Sec. 44.62.790. Relationship to other requirements.
- Sec. 44.62.795. Confidentiality of certain records and documents.
- Sec. 44.62.800. Definitions. Repealed
- Sec. 44.62.930. Teleconferencing.
- Sec. 44.62.950. Short title.