Sec. 44.62.250. Emergency regulations.
(a) Except for a regulation adopted under AS 11.71.125, a regulation or order of repeal may be adopted as an emergency regulation or order of repeal if a state agency makes a written finding, including a statement of the facts that constitute the emergency, that the adoption of the regulation or order of repeal is […]
Sec. 44.62.390. Notice of defense.
(a) Within 15 days after service upon the respondent of the accusation, the respondent may file with the agency a notice of defense. In the notice the respondent may (1) request a hearing; (2) object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed; […]
Sec. 44.62.260. Limitation on effective period of emergency regulations.
(a) Except as provided in (c) of this section, a regulation adopted as an emergency regulation does not remain in effect more than 120 days unless the adopting agency complies with AS 44.62.040(c), 44.62.060, and 44.62.190 – 44.62.215 either before submitting the regulation to the lieutenant governor or during the 120-day period. (b) Except as […]
Sec. 44.62.400. Amended or supplemental accusation.
At any time before the matter is submitted for decision the agency may file or permit the filing of an amended or supplemental accusation. All parties shall be notified of the filing. If the amended or supplemental accusation presents new charges the agency shall give the respondent a reasonable opportunity to prepare a defense to […]
Sec. 44.62.270. State policy.
It is the state policy that emergencies are held to a minimum and are rarely found to exist. Nothing in this section limits the attorney general from scheduling a substance by emergency regulation under AS 11.71.125.
Sec. 44.62.410. Time and place of hearing.
(a) The agency shall determine the time and place of hearing. The hearing shall be held in Juneau or Ketchikan, whichever is closer to the place where the transaction occurred or where the respondent resides, if the transaction occurred in or the respondent resides in the First Judicial District; in Anchorage if the transaction occurred […]
Sec. 44.62.280. Purpose of AS 44.62.180 – 44.62.290.
It is the purpose of AS 44.62.180 – 44.62.290 to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative regulations. Except as provided in AS 44.62.250, AS 44.62.180 – 44.62.290 apply to the exercise of quasi-legislative power conferred by a statute, but nothing in AS 44.62.180 – 44.62.290 repeals or diminishes […]
Sec. 44.62.420. Form of notice of hearing.
(a) The agency shall deliver or mail a notice of hearing to all parties at least 10 days before the hearing. The hearing may not be held before the expiration of the time within which the respondent is entitled to file a notice of defense. (b) The notice to respondent must be substantially in the […]
Sec. 44.62.290. Limits of the application of AS 44.62.180 – 44.62.290.
(a) AS 44.62.180 – 44.62.290 do not apply to a regulation not required to be submitted to the lieutenant governor under AS 44.62.010 – 44.62.319. (b) Only this section and AS 44.62.180 apply to a regulation that prescribes the organization or procedure of an agency.
Sec. 44.62.300. Judicial review of validity.
(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 […]