Section 44.62.190. Notice of proposed action.

   (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, and furnished to the Legislative Affairs Agency;
        (7) furnished by electronic format, along with a copy of the proposed regulation, amendment, or order of repeal, as required by AS 24.20.105(c).
   (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.

Authorities

5.25.095;24.05.182;24.20.105;41.37.220;44.19.020;44.62.175;44.62.200;44.62.213;44.62.230;44.62.250;44.62.300

Notes

Recent Bills that will modify this

HB 189 UNFUNDED ED. MANDATES;TRAINING; TEACHERS
HB 229 REPEAL ADMIN. REG. REVIEW COMMITTEE
SB 102 UNFUNDED ED. MANDATES;TRAINING; TEACHERS

References

5 AAC 96.625
6 AAC 90.010
6 AAC 90.020
6 AAC 90.990
7 AAC 34.200
AS 5.25.095 .095">Sec. 05.25.095. Regulations.
AS 24.05.182 Review of administrative regulations by standing committees of the legislature.
AS 24.20.105 Review of proposed regulations.
AS 41.37.220 Duties of the commission.
AS 44.19.020 Duties of the lieutenant governor.
AS 44.62.175 Alaska Online Public Notice System.
AS 44.62.200 Contents of notice.
AS 44.62.213 Agency contact with the public.
AS 44.62.230 Procedure on petition.
AS 44.62.250 Emergency regulations.
AS 44.62.300 Judicial review of validity.

History

(Sec. 5 art IV (ch 1) ch 143 SLA 1959; am Sec. 2 ch 149 SLA 1962; am Sec. 1 ch 3 SLA 1968; am Sec. 16 ch 143 SLA 1968; am Sec. 4 ch 64 SLA 1978; am Sec. 5 ch 1 SLA 1982; am Sec. 3 ch 59 SLA 1985; am Sec. 1 ch 201 SLA 1990; am Sec. 6 ch 74 SLA 1991; am Sec. 1 ch 68 SLA 1992; am Sec. 4 ch 64 SLA 1995; am Sec. 4 ch 54 SLA 2000; am Sec. 1, 2 ch 107 SLA 2000; am Sec. 5 ch 164 SLA 2004; am Sec. 13 ch 6 SLA 2012; am Sec. 3, 4 ch 87 SLA 2014)