Section 44.62.040. Submitting regulations.

   (a) Subject to (c) of this section, every state agency that by statute possesses regulation-making authority shall submit to the lieutenant governor for filing a certified original and one duplicate copy of every regulation or order of repeal adopted by it, except one that
        (1) establishes or fixes rates, prices, or tariffs;
        (2) relates to the use of public works, including streets and highways, under the jurisdiction of a state agency if the effect of the order is indicated to the public by means of signs or signals; or
        (3) is directed to a specifically named person or to a group of persons and does not apply generally throughout the state.
   (b) Citation of the general statutory authority under which a regulation is adopted, as well as citation of specific statutory sections being implemented, interpreted, or made clear, must follow the text of each regulation submitted under (a) of this section.
   (c) Before submitting the regulations and orders of repeal to the lieutenant governor under (a) of this section, every state agency that by statute possesses regulation making authority, except the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission, the office of victims' rights, and the office of the ombudsman, shall submit to the governor for review a copy of every regulation or order of repeal adopted by the agency, except regulations and orders of repeal identified in (a)(1) and (2) of this section. The governor may review the regulations and orders of repeal received under this subsection. The governor may return the regulations and orders of repeal to the adopting agency before they are submitted to the lieutenant governor for filing under (a) of this section within 30 days (1) if they are inconsistent with the faithful execution of the laws, or (2) to enable the adopting agency to respond to specific issues raised by the Administrative Regulation Review Committee. The governor may not delegate the governor's review authority under this subsection to a person other than the lieutenant governor.

Authorities

30.17.120;44.62.050;44.62.060;44.62.070;44.62.120;44.62.160;44.62.230;44.62.250;44.62.260;44.62.320;44.88.085

Notes

Recent Bills that will modify this

HB 229 REPEAL ADMIN. REG. REVIEW COMMITTEE
HB 351 ADOPTION OF REGS; LIMITATIONS; VOID REGS

Implemented As

3 AAC 99.0

References

AS 30.17.120 Administrative procedure.
AS 44.62.050 Style and forms.
AS 44.62.060 Preparation and filing.
AS 44.62.070 Fees.
AS 44.62.120 Voluntary submitting and publication.
AS 44.62.160 Date and content of register.
AS 44.62.230 Procedure on petition.
AS 44.62.250 Emergency regulations.
AS 44.62.260 Limitation on effective period of emergency regulations.
AS 44.62.320 Submittal for legislative review.
AS 44.88.085 Administrative procedure.

History

(Sec. 1 art II (ch 1) ch 143 SLA 1959; am Sec. 1 ch 40 SLA 1969; am Sec. 2, 3 ch 64 SLA 1995; am Sec. 27 ch 92 SLA 2001; am Sec. 2 ch 87 SLA 2014)