Section 44.62.245. Material incorporated by reference.

   (a) In adopting a regulation that incorporates a document or other material by reference, a state agency may incorporate future amended versions of the document or other material if the adopted regulation identifies or refers to the document or other material followed by the phrase "as may be amended," the phrase "as amended from time to time," or a similar provision and the
        (1) document consists of a regulation of another agency of the state; or
        (2) incorporation of a future amended version of the document or other material is explicitly authorized by a statute.
   (b) When the amended version of a document or other material incorporated by reference in a regulation as described in (a) of this section becomes available, the state agency shall
        (1) make the amended version of the document or other material available to the public for review; and
        (2) post on the Alaska Online Public Notice System and publish in a newspaper of general circulation or trade or industry publication or in a regularly published agency newsletter or similar printed publication, not later than 15 days after the amended version of the document or other material becomes available, a notice that describes the affected regulation, the effective date of the amended version of the document or other material, and how a copy of the amended version may be obtained or reviewed.
   (c) The state agency shall also send the notice described in (b)(2) of this section to
        (1) a person who has placed the person's name on a distribution list kept by the agency that lists persons who want to receive the notice; the agency may allow a person to request that distribution of the notice be by electronic means and shall honor that request if appropriate means are available;
        (2) the regulations attorney in the Department of Law; and
        (3) the members of the Administrative Regulation Review Committee.
   (d) A change in the form, format, or title in a future amended or revised version of a document or material incorporated by reference in a regulation under this section does not affect the validity of the regulation or the state agency's ability to enforce or implement the regulation. The state agency shall notify the regulations attorney in the Department of Law if the title of the document or other material changes. The regulations attorney shall correct the title in the Alaska Administrative Code under AS 44.62.125.

Authorities

23.30.098;44.62.175;47.05.012

Notes

Recent Bills that will modify this

HB 229 REPEAL ADMIN. REG. REVIEW COMMITTEE

Implemented As

18 AAC 60.840
20 AAC 18.140
20 AAC 18.200
7 AAC 100.980
7 AAC 160.900
7 AAC 24.950
7 AAC 27.010
7 AAC 27.012
7 AAC 27.022
7 AAC 44.040
7 AAC 44.230
7 AAC 44.900
7 AAC 45.450
7 AAC 57.990
7 AAC 70.910
7 AAC 80.050
8 AAC 45.083

References

AS 23.30.098 Regulations.
AS 44.62.175 Alaska Online Public Notice System.
AS 47.05.012 Material incorporated by reference.

History

(Sec. 1 ch 119 SLA 1998; am Sec. 6 ch 54 SLA 2000; am Sec. 9 ch 87 SLA 2014)