Section 45.75.050. Adoption of regulations.

   (a) The director shall adopt regulations for the enforcement of this chapter under AS 44.62 (Administrative Procedure Act). These have the effect of law.
   (b) The regulations may include
        (1) standards of net weight, measure, or count, and reasonable standards of fill, for a commodity in package form;
        (2) rules governing the technical and reporting procedures to be followed, and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties;
        (3) exemptions from the sealing or marking requirements of AS 45.75.120 for weights and measures of a character or size that sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question;
        (4) for classes of weights and measures of a character that retesting is unnecessary to continued accuracy, exemptions from the requirements of AS 45.75.070 and 45.75.080 for testing, and schedules fixing the frequency of required retests for classes of devices exempted; and
        (5) in the implementation of AS 19.10.060(b), provisions governing the size, weight, and load limitations established under AS 19.10.060; the issuance of permits for overweight and oversize vehicles; and the operation of weigh stations.
   (c) The regulations must include specifications, tolerance, and regulations for weights and measures of the character of those specified in AS 45.75.080, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those that
        (1) are not accurate;
        (2) are of such construction that they are not reasonably permanent in their adjustment or will not repeat their indications correctly; or
        (3) facilitate the perpetration of fraud.
   (d) The specifications, tolerances, and regulations for commercial weighing and measuring devices, together with amendments to them, as recommended by the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, and published in the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, Handbook 44 and supplements to it, or in any publication revising or superseding Handbook 44, are the specifications, tolerances, and regulations for commercial weighing and measuring devices of the state, except as specifically modified, amended, or rejected by a regulation adopted by the director.
   (e) For the purposes of this chapter, apparatus is correct when it conforms to the requirements adopted in accordance with this section; other apparatus is considered incorrect.
   (f) The director shall adopt regulations establishing reasonable fees for testing, inspection, and other services provided under this chapter, and procedures for collecting the fees.

Authorities

45.75.120;45.75.131;45.75.380

Notes

Implemented As

17 AAC 25.011
17 AAC 25.012
17 AAC 25.013
17 AAC 25.014
17 AAC 25.015
17 AAC 25.017
17 AAC 25.119
17 AAC 25.310
17 AAC 25.320
17 AAC 25.330
17 AAC 25.335
17 AAC 25.340
17 AAC 25.380
17 AAC 25.800
17 AAC 25.900
17 AAC 90.045
17 AAC 90.047
17 AAC 90.049
17 AAC 90.090
17 AAC 90.100
17 AAC 90.410
17 AAC 90.420
17 AAC 90.430
17 AAC 90.440
17 AAC 90.450
17 AAC 90.470
17 AAC 90.480
17 AAC 90.490
17 AAC 90.500
17 AAC 90.510
17 AAC 90.520
17 AAC 90.530
17 AAC 90.540
17 AAC 90.550
17 AAC 90.560
17 AAC 90.570
17 AAC 90.580
17 AAC 90.590
17 AAC 90.600
17 AAC 90.615
17 AAC 90.616
17 AAC 90.617
17 AAC 90.740
17 AAC 90.750
17 AAC 90.760
17 AAC 90.770
17 AAC 90.780
17 AAC 90.800
17 AAC 90.810
17 AAC 90.820
17 AAC 90.830
17 AAC 90.840
17 AAC 90.910
17 AAC 90.920
17 AAC 90.925
17 AAC 90.930
17 AAC 90.935
17 AAC 90.990

References

17 AAC 90.049
17 AAC 90.410
17 AAC 90.740
17 AAC 90.750
17 AAC 90.990
AS 45.75.120 Disposition of correct and incorrect apparatus.
AS 45.75.131 Issuance of citations.
AS 45.75.380 Offenses and penalties.

History

(Sec. 9 ch 101 SLA 1961; am Sec. 1 ch 85 SLA 1987; am Sec. 54 ch 50 SLA 1989; am Sec. 73 ch 36 SLA 1990; am E.O. No. 98 Sec. 11 (1997))