Sec. 39.35.005. Regulations.

329 words·~1 min read·/ak/title-39/chapter-35/39-35-005

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Regulations adopted by the commissioner of administration under this chapter relate to the internal management of state agencies, and the adoption of these regulations is not subject to AS 44.62 (Administrative Procedure Act).

(b)Notwithstanding

(a)of this section, a regulation adopted under this chapter shall be published in the Alaska Administrative Register and Code for informational purposes.

(c)Each regulation adopted under this chapter must conform to the style and format requirements of the drafting manual for administrative regulations that is published under AS 44.62.050 .

(d)At least 30 days before the adoption, amendment, or repeal of a regulation under this chapter, the commissioner shall provide notice of the action that is being considered. The notice shall be

(1)posted in public buildings throughout the state;

(2)published in one or more newspapers of general circulation in each judicial district of the state;

(3)mailed to each person or group that has filed a request for notice of proposed action with the commissioner; and

(4)furnished to each member of the legislature and to the Legislative Affairs Agency.

(e)Failure to mail notice to a person as required under (d)(3) of this section does not invalidate an action taken by the commissioner.

(f)The commissioner may hold a public hearing on a proposed regulation.

(g)A regulation adopted under this chapter takes effect 30 days after adoption by the commissioner.

(h)Notwithstanding the other provisions of this section, a regulation may be adopted, amended, or repealed, effective immediately, as an emergency regulation by the commissioner. For an emergency regulation to be effective, the commissioner must find that the adoption, amendment, or repeal of the regulation is necessary for the immediate preservation of the orderly operation of the system. The commissioner shall, within 10 days after adoption of an emergency regulation, give notice of the adoption under

(d)of this section.

(i)In this section, “regulation” has the meaning given in AS 44.62.640 (a).