Sec. 44.62.740. Establishment, time line, support, and termination of committee.
(a) The agency head may establish a negotiated regulation making committee to assist in the formulation of a proposed regulation. The agency head should strive to achieve and maintain throughout the negotiated regulation making process the balanced committee representation described under AS 44.62.720(a)(3). Members of the committee serve at the pleasure of the agency head. […]
Sec. 44.62.750. Committee duties, procedures, and report.
(a) A negotiated regulation making committee shall consider the matter proposed by the agency head for consideration and shall attempt to reach consensus concerning a proposed regulation and any other matter on which the agency head requests assistance and that is relevant to the proposed regulation. (b) The person representing the agency on a negotiated […]
Sec. 44.62.760. Facilitator selection, duties, and authority.
(a) An agency head may appoint a person who is impartial to serve as a facilitator for the negotiations of a negotiated regulation making committee. A person designated to represent the agency on substantive issues may not serve as facilitator. (b) A facilitator appointed or selected under (a) of this section shall (1) preside at […]
Sec. 44.62.770. Employees, contractors, and funding.
(a) An agency head may appoint an agency employee or obtain the services of another state employee or a private contractor to serve as a convener or facilitator for a negotiated regulation making committee. (b) Before appointing or selecting a convener under AS 44.62.730 or a facilitator under AS 44.62.760, an agency head shall determine […]
Sec. 44.62.780. Judicial review.
An agency action relating to establishing, assisting, or terminating a negotiated regulation making committee under AS 44.62.710 – 44.62.800 is not subject to judicial review. Nothing in this section bars judicial review if the judicial review is otherwise provided by law. A regulation that is the product of negotiated regulation making and is later subject […]
Sec. 44.62.790. Relationship to other requirements.
The negotiated regulation making authorized by AS 44.62.710 – 44.62.800 is in addition to the procedures required under AS 44.62.010 – 44.62.319 for adopting, amending, or repealing regulations, and, if an agency head decides to use negotiated regulation making, the negotiated regulation making shall, where possible, occur before the procedures under AS 44.62.010 – 44.62.319 […]
Sec. 44.62.795. Confidentiality of certain records and documents.
Notwithstanding AS 40.25.100 – 40.25.220, records from private persons that are requested or used by a negotiated regulation making committee and working documents prepared by the committee that analyze or incorporate information from the records shall be kept confidential if the records or working documents contain proprietary information and the owner of the records or […]
Sec. 44.62.800. Definitions.
In AS 44.62.710 – 44.62.800, (1) “agency” means a department, an institution, or a division or other administrative unit of the executive branch of state government authorized or required by law to make regulations, except that “agency” does not include (A) a board, a commission, a council, an authority, or a public corporation of the […]
Sec. 44.62.710. Purpose and applicability of AS 44.62.710 – 44.62.800.
(a) The purpose of AS 44.62.710 – 44.62.800 is to establish a framework for the conduct of negotiated regulation making consistent with AS 44.62.010 – 44.62.319. Negotiated regulation making is not a substitute for the requirements of AS 44.62.010 – 44.62.319 but may be used as a supplemental procedure to permit the direct participation of […]
Sec. 44.62.720. Determination of need for negotiated regulation making committee.
(a) In addition to the regulation adoption requirements under AS 44.62.010 – 44.62.319, an agency head may determine that the use of a negotiated regulation making committee to negotiate and develop a proposed regulation is in the public interest. In making that determination, the agency head is advised to consider whether (1) there is a […]