Sec. 44.62.300. Judicial review of validity.

226 words·~1 min read·/ak/title-44/chapter-62/44-62-300·

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

(a)An interested person may get a judicial declaration on the validity of a regulation by bringing an action for declaratory relief in the superior court. In addition to any other ground the court may declare the regulation invalid

(1)for a substantial failure to comply with AS 44.62.010 — 44.62.319; or

(2)in the case of an emergency regulation or order of repeal, upon the ground that the facts recited in the statement do not constitute an emergency under AS 44.62.250 .

(b)Notwithstanding

(a)of this section, a person may not bring an action in court to challenge the adoption, repeal, or amendment of a regulation by a state agency for

(1)insufficiency or inaccuracy of the information provided under AS 44.62.190

(d)or (g);

(2)failure of the subject line of electronic mail or the title of a written publication to meet the requirements of AS 44.62.190 (f);

(3)failure of the brief description required by AS 44.62.200

(d)to comply with the requirements of AS 44.62.200

(d)relating to

(A)the clarity and readability of the brief description; or

(B)the description of the changes made by the proposed adoption, amendment, or repeal of a regulation; or

(4)inaccuracy or insufficiency of the answer to a question provided by the state agency under AS 44.62.213 .