CSSB 110(STA): "An Act relating to the adoption, amendment, and repeal of regulations and to administrative adjudication under the Administrative Procedure Act."
00CS FOR SENATE BILL NO. 110(STA) 01 "An Act relating to the adoption, amendment, and repeal of regulations and to 02 administrative adjudication under the Administrative Procedure Act." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.62.200(b) is amended to read: 05 (b) A regulation that is adopted, amended, or repealed may vary in content 06 from the summary specified in (a)(3) of this section if the subject matter of the 07 regulation remains the same and the [ORIGINAL] notice was written so as to assure 08 that members of the public are reasonably notified of the proposed subject of agency 09 action in order for them to determine whether their interests could be affected by 10 agency action on that subject. 11 * Sec. 2. AS 44.62 is amended by adding a new section to read: 12 Sec. 44.62.215. SUPPLEMENTAL NOTICE AND PUBLIC PROCEEDINGS. 13 (a) Notwithstanding AS 44.62.200(b), if a state agency rewrites a proposed regulation, 14 amendment of a regulation, or order of repeal after the agency has complied with
01 AS 44.62.190, 44.62.200, and 44.62.210, and if the rewriting is a significant change 02 in the substance of the regulation, amendment, or order, before adoption the agency 03 shall provide notice and opportunity for public comment under AS 44.62.190, 04 44.62.200, and 44.62.210 for the rewritten regulation, amendment, or order of repeal. 05 (b) If a state agency does not provide the notice and opportunity for public 06 comment under (a) of this section for a rewritten proposed regulation, amendment, or 07 order of repeal, the agency shall prepare a written explanation of the reasons why the 08 requirement of (a) of this section does not apply. When the adopted regulation, 09 amendment, or order of repeal is published in the Alaska Administrative Journal, the 10 lieutenant governor shall include the agency explanation with the text or a summary 11 of the text of the regulation, amendment, or order of repeal. 12 (c) Notwithstanding AS 44.62.300, if a court determines that notice and an 13 opportunity for public comment was required under (a) of this section for the rewriting 14 of a proposed regulation, amendment, or order of repeal, and if the state agency did 15 not provide the notice and opportunity for public comment, the court may order the 16 relief, other than monetary damages, that is appropriate under the circumstances, 17 including the invalidation of part or all of the regulation, amendment, or order of 18 repeal. 19 (d) This section does not apply to regulations 20 (1) adopted by the Board of Fisheries, the Board of Game, or the 21 Alaska Commercial Fisheries Entry Commission; 22 (2) adopted under AS 44.62.260 to make emergency regulations 23 permanent; or 24 (3) that are necessary to meet federal requirements. 25 * Sec. 3. AS 44.62.370(c) is amended to read: 26 (c) The statement of issues, together with the form for notice of defense and 27 other information described in AS 44.62.380, shall be delivered to [SERVED IN] 28 the respondent or sent by certified mail to the latest address on file with the 29 agency [SAME MANNER AS AN ACCUSATION], except that if a [THE] hearing 30 has already been requested by [IS HELD AT THE REQUEST OF] the respondent 31 (1) AS 44.62.380 and 44.62.390 do not apply; and
01 (2) the statement of issues together with the notice of hearing shall be 02 delivered or mailed to the parties as provided in AS 44.62.420. 03 * Sec. 4. AS 44.62.380(c) is amended to read: 04 (c) The accusation and all accompanying information may be sent to the 05 respondent by any means selected by the agency. However, the agency may not make 06 an order adversely affecting the rights of the respondent [MAY NOT BE MADE BY 07 THE AGENCY] unless the respondent is served personally or by certified 08 [REGISTERED] mail, files a notice of defense, or otherwise appears. Service may be 09 proved in the manner authorized in civil actions. Service by certified [REGISTERED] 10 mail is effective if a statute or agency regulation requires the respondent to file an 11 address with the agency and to notify the agency of a change, and if a certified 12 [REGISTERED] letter containing the accusation and accompanying material is mailed, 13 addressed to respondent at the latest address on file with the agency. 14 * Sec. 5. AS 44.62.410(a) is amended to read: 15 (a) The agency shall determine the time and place of hearing. The hearing 16 shall be held in Juneau or Ketchikan, whichever is closer to the place where the 17 transaction occurred or where the respondent resides, if the transaction occurred in or 18 the respondent resides in the First Judicial [SOUTHEASTERN SENATE] District; 19 in Anchorage if the transaction occurred or the respondent resides within the Third 20 Judicial [SOUTH CENTRAL SENATE] District; in Fairbanks or Nome, whichever 21 is closer to the place where the transaction occurred or where the respondent resides, 22 if the transaction occurred in or the respondent resides in the Second or Fourth 23 Judicial District [CENTRAL OR NORTHWESTERN SENATE DISTRICTS]. The 24 agency may, if the transaction occurred in a judicial [SENATE] district other than that 25 of respondent's residence, select an appropriate [THE] place of hearing in 26 [APPROPRIATE FOR] either district. The agency may select a different place nearer 27 the place where the transaction occurred or where the respondent resides, or the parties 28 by agreement may select any place in the state. 29 * Sec. 6. AS 44.62.410(b) is repealed and reenacted to read: 30 (b) A party may request that the party or a witness participate by telephone 31 in a hearing. The requesting party shall pay the costs of the telephonic participation.
01 Unless a finding is made that the telephonic participation would substantially prejudice 02 the rights of an opposing party, the agency shall grant the request for that party or 03 witness to participate telephonically if 04 (1) no party objects; 05 (2) the witness lives more than 30 miles one way from the hearing site; 06 (3) the party lives more than 100 miles one way from the hearing site; 07 or 08 (4) other good cause is shown to the satisfaction of the agency. 09 * Sec. 7. AS 44.62.430(c) is amended to read: 10 (c) A witness who is not a party and who appears under a subpoena is entitled 11 to receive 12 (1) fees as prescribed for a witness in court actions, unless the [, 13 EXCEPT A] witness [WHO] is an officer or employee of the state or a political 14 subdivision of the state; 15 (2) reimbursement of transportation expenses in accordance with 16 standards established by the Department of Administration under AS 39.20.160 17 for required travel in excess of 30 miles round trip from the witness's residence 18 [MILEAGE IN THE SAME AMOUNT AND UNDER THE SAME 19 CIRCUMSTANCES AS PRESCRIBED BY LAW FOR A WITNESS IN A CIVIL 20 ACTION IN A SUPERIOR COURT]; and 21 (3) reimbursement of food and lodging expenses in accordance with 22 standards established by the Department of Administration under AS 39.20.160 23 [AN ADDITIONAL FEE AND MILEAGE TO A PER DIEM COMPENSATION OF 24 $15 FOR EXPENSES OF SUBSISTENCE] for each day of actual attendance and for 25 each day of reasonable and necessary travel [NECESSARILY OCCUPIED IN 26 TRAVELING] to and from the place of the hearing [,] if the witness attends a hearing 27 or deposition at a point so distant [FAR REMOVED] from the residence of the 28 witness that a [AS TO PROHIBIT] return to the residence from day to day is not 29 practicable. 30 * Sec. 8. AS 44.62.430(d) is amended to read: 31 (d) Fees, transportation expenses [MILEAGE], and food and lodging
01 expenses [OF SUBSISTENCE] shall be paid by the party at whose request the witness 02 is subpoenaed. 03 * Sec. 9. AS 44.62.440(a) is repealed and reenacted to read: 04 (a) Upon a motion with good cause shown or upon stipulation of the parties, 05 an agency may order discovery, including a deposition to perpetuate testimony, by any 06 reasonable method including those methods prescribed by law in civil actions. 07 * Sec. 10. AS 44.62.460(e) is repealed and reenacted to read: 08 (e) Unless a different standard of proof is stated in applicable law, the 09 (1) petitioner has the burden of proof by a preponderance of the 10 evidence if an accusation has been filed under AS 44.62.360 or if the renewal of a 11 right, authority, license, or privilege has been denied; 12 (2) respondent has the burden of proof by a preponderance of the 13 evidence if a right, authority, license, or privilege has been initially denied or not 14 issued. 15 * Sec. 11. AS 44.62.510(a) is amended to read: 16 (a) A decision shall be written and must contain findings of fact, a 17 determination of the issues presented, and the penalty, if any. The findings may be 18 stated in the language of the pleadings or by reference to them. Copies of the decision 19 shall be delivered to the parties personally or sent to them by certified 20 [REGISTERED] mail. 21 * Sec. 12. AS 44.62.540(a) is amended to read: 22 (a) The agency may order a reconsideration of all or part of the case on its 23 own motion or on petition of a party. To be considered by the agency, a petition 24 for reconsideration must be filed with the agency within 15 days after delivery or 25 mailing of the decision. The power to order a reconsideration expires 30 days after 26 the delivery or mailing of a decision to the respondent. If no action is taken on a 27 petition within the time allowed for ordering reconsideration, the petition is considered 28 denied. 29 * Sec. 13. APPLICABILITY. AS 44.62.200(b), amended by sec. 1 of this Act, and 30 AS 44.62.215, enacted by sec. 2 of this Act, apply to the adoption, amendment, or repeal of 31 a regulation if the initial notice under AS 44.62.190 of the adoption, amendment, or repeal is
01 given on or after the effective date of this Act. The other provisions of this Act do not apply 02 to an accusation under AS 44.62.360 or a statement of issues under AS 44.62.370, unless the 03 accusation or statement of issues is filed on or after the effective date of this Act.