Administrative Procedure Act

Alaska · State Government · §§ 44.62.010 to 44.62.950 · 88 sections

Overview

The act governs how state administrative agencies make rules and how they resolve individual contested cases. On the rulemaking side it requires agencies to give advance notice of proposed rules, take public comment, prepare analyses of a proposed rule's anticipated impacts, and file and index rules before they take effect, while also providing for emergency rulemaking, public petitions to adopt rules, and periodic agency review of rules already on the books. For contested cases it establishes notice and an opportunity to be heard, the right to counsel, interpreters for deaf or hearing-impaired parties and witnesses, and informal disposition, and it preserves judicial review — including declaratory judgment actions testing the validity of a rule.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

AS 44.62.010Application to State Organization Act of 1959
AS 44.62.020Authority to adopt, administer, or enforce regulations
AS 44.62.030Consistency between regulation and statute
AS 44.62.040Submitting regulations
AS 44.62.050Style and forms
AS 44.62.060Preparation and filing
AS 44.62.070Fees
AS 44.62.080Endorsement and filing
AS 44.62.090Filing with local government unit clerks. [Repealed, § 2 ch 57 SLA 1969.]
AS 44.62.100Presumptions from filing
AS 44.62.110Presumptions from publication
AS 44.62.120Voluntary submitting and publication
AS 44.62.125Regulations attorney
AS 44.62.130Codification and publication
AS 44.62.140Distribution of code and register
AS 44.62.150Price. [Repealed, § 49 ch 127 SLA 1974.]
AS 44.62.160Date and content of register
AS 44.62.170Form of publication. [Repealed, § 2 ch 57 SLA 1969.]
AS 44.62.175Alaska Online Public Notice System
AS 44.62.180Effective date
AS 44.62.190Notice of proposed action
AS 44.62.195Fiscal notes on regulations
AS 44.62.200Contents of notice
AS 44.62.210Public proceedings
AS 44.62.213Agency contact with the public
AS 44.62.215Record of public comment
AS 44.62.218Regulations affecting small businesses. [Repealed, § 2 ch 91 SLA 2005.]
AS 44.62.220Right to petition
AS 44.62.230Procedure on petition
AS 44.62.240Limitation on retroactive action
AS 44.62.245Material incorporated by reference
AS 44.62.250Emergency regulations
AS 44.62.260Limitation on effective period of emergency regulations
AS 44.62.270State policy
AS 44.62.280Purpose of AS 44.62.180 — 44.62.290
AS 44.62.290Limits of the application of AS 44.62.180 — 44.62.290
AS 44.62.300Judicial review of validity
AS 44.62.305Judicial relief in administrative matters
AS 44.62.310Government meetings public
AS 44.62.312State policy regarding meetings
AS 44.62.320Submittal for legislative review
AS 44.62.330Application of AS 44.62.330 — 44.62.630
AS 44.62.340Delegation of power by agencies
AS 44.62.350Appointment of hearing officers
AS 44.62.360Accusation
AS 44.62.370Statement of issues
AS 44.62.380Service of accusation
AS 44.62.390Notice of defense
AS 44.62.400Amended or supplemental accusation
AS 44.62.410Time and place of hearing
AS 44.62.420Form of notice of hearing
AS 44.62.430Subpoenas; witness fees
AS 44.62.440Depositions
AS 44.62.450Hearings
AS 44.62.460Evidence rules
AS 44.62.470Evidence by affidavit
AS 44.62.480Official notice
AS 44.62.490Amendment of accusation after submission
AS 44.62.500Decision in a contested case
AS 44.62.510Form and retroactivity of decision
AS 44.62.520Effective date of decision; stay
AS 44.62.530Default
AS 44.62.540Reconsideration
AS 44.62.550Petition for reinstatement or reduction of penalty
AS 44.62.560Judicial review
AS 44.62.570Scope of review
AS 44.62.580Continuances
AS 44.62.590Contempt
AS 44.62.600Voting procedure
AS 44.62.610Charge
AS 44.62.620Power to administer oaths
AS 44.62.630Impartiality
AS 44.62.635[Renumbered as AS 44.62.930.]
AS 44.62.640Definitions for AS 44.62
AS 44.62.650[Renumbered as AS 44.62.950.]
AS 44.62.710Purpose and applicability of AS 44.62.710 — 44.62.800
AS 44.62.720Determination of need for negotiated regulation making committee
AS 44.62.730Use of convener
AS 44.62.740Establishment, time line, support, and termination of committee
AS 44.62.750Committee duties, procedures, and report
AS 44.62.760Facilitator selection, duties, and authority
AS 44.62.770Employees, contractors, and funding
AS 44.62.780Judicial review
AS 44.62.790Relationship to other requirements
AS 44.62.795Confidentiality of certain records and documents
AS 44.62.800Definitions
AS 44.62.930Teleconferencing
AS 44.62.950Short title

Enacted in other states

Alabama, Arkansas, California, Colorado, Florida, Hawaii, Iowa, Idaho, Illinois, Louisiana, Maine, Minnesota, Montana, Nebraska, New Jersey, Nevada, Texas, Vermont, Wyoming

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