Section 44.37.025. Recording.

   (a) The Department of Natural Resources shall adopt regulations establishing, modifying, or discontinuing recording districts or precincts and prescribing the records to be maintained and the instruments to be recorded, consistent with AS 40.17. A regulation may not impose a restriction on document recording unless the restriction is required by statute or furthers a legitimate administrative need of the recorder; a "legitimate administrative need" includes ensuring the legibility of the documents and identifying the parties, the capacity of each party, and the affected property.
   (b) The department shall prescribe by regulation and account for recording fees and do all other things necessary to maintain the recording systems established under the laws of this state. For a document that is to be recorded for multiple purposes, the department may collect the applicable recording fee for each of the multiple purposes.
   (c) The department, with the concurrence of the administrative director of the Alaska Court System, may appoint judicial employees to perform services in connection with recording, providing access to, and copying documents in locations where the department has not otherwise designated a public office to perform those functions.
   (d)   [Repealed, Sec. 14 ch 119 SLA 1996]. 
   (e) In addition to the recording system established under AS 40.17, the commissioner of natural resources may by regulation establish a system for recording and filing documents to enable members of the public to safeguard documents. Recording or filing a document in the system established under this subsection does not provide constructive notice for any purpose.
   (f) Under AS 37.05.146(c), fees for services of the Department of Natural Resources for recording and related services under this section shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.

Authorities

37.05.146;37.10.050;40.17.900

Notes

Implemented As

11 AAC 05.010
11 AAC 05.900
11 AAC 06.010
11 AAC 06.030
11 AAC 06.040
11 AAC 06.070
11 AAC 06.080
11 AAC 06.090
11 AAC 06.100
11 AAC 06.110
11 AAC 06.900

References

AS 37.05.146 Definition of program receipts and non-general fund program receipts.
AS 37.10.050 Charges by state agencies; collection, accounting, and deposit of state money.
AS 40.17.900 Definitions.

History

(E.O. No. 47, Sec. 3 (1980); am Sec. 64 ch 21 SLA 1985; am Sec. 73 ch 138 SLA 1986; am Sec. 3 ch 83 SLA 1988; am Sec. 40, 41 ch 161 SLA 1988; am Sec. 18 ch 90 SLA 1991; am Sec. 29 ch 2 FSSLA 1992; am Sec. 9, 14 ch 119 SLA 1996; am Sec. 3 ch 51 SLA 2001; am Sec. 44 ch 8 SLA 2011)