00 HOUSE BILL NO. 463                                                                                                      
01 "An Act establishing restrictions on certain regulatory enforcement."                                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 44.66 is amended by adding new sections to read:                                                    
04 ARTICLE 2.  RESTRICTIONS ON REGULATORY ENFORCEMENT.                                                                     
05  Sec. 44.66.100.  APPROVAL REQUIRED.  If a state employee whose                                                        
06 responsibilities include enforcement of state regulations in the field determines that                                  
07 regulatory enforcement action that is not usually necessary is required when                                            
08 discharging the employee's duties, the employee may not proceed with regulatory                                         
09 enforcement action if the enforcement action will place an unusually heavy burden of                                    
10 cost or time on the person being regulated, unless the employee obtains the approval                                    
11 of the employee's immediate supervisor to take the enforcement action.                                                  
12  Sec. 44.66.110.  CONTENTS OF APPROVAL REQUEST.  (a)  When                                                             
13 requesting the approval of the state employee's immediate supervisor under                                              
14 AS 44.66.100, the employee shall state in writing the reasons for the requested                                         
01 regulatory enforcement action, the anticipated effects of the enforcement action on the                                 
02 person being regulated, the alternatives considered by the employee to the                                              
03 enforcement action, the costs to the agency of the enforcement action, and an estimate                                  
04 of the cost for the regulated person to comply.                                                                         
05  (b)  The supervisor of the state employee submitting information under (a) of                                         
06 this section shall provide a copy of the submitted information to the commissioner of                                   
07 the department in which the state agency considering the regulatory enforcement action                                  
08 is located.                                                                                                             
09  Sec. 44.66.120.  CRITERIA FOR APPROVAL.  A supervisor who receives a                                                  
10 request for approval under AS 44.66.100 - 44.66.110 may not provide the requested                                       
11 approval unless the supervisor determines that the requested regulatory enforcement                                     
12 action is appropriate under the circumstances.                                                                          
13  Sec. 44.66.130.  APPEAL ALLOWED.  If an employee receives approval                                                    
14 under AS 44.66.110 to proceed with the requested regulatory enforcement action, the                                     
15 employee shall notify the person being regulated that the person may appeal the                                         
16 approval to the immediate supervisor of the employee.  The notification must be in                                      
17 writing and shall be made before beginning the regulatory enforcement action. The                                       
18 commissioner of administration shall establish by regulation procedures for the appeal.                                 
19  Sec. 44.66.140.  PUBLIC RECORDS.  The approval request, the supervisor's                                              
20 decision, and records of an appeal of the decision, if any, are public records subject                                  
21 to disclosure under AS 09.25.110 - 09.25.125.                                                                           
22  Sec. 44.66.150.  DEFINITIONS.  In AS 44.66.100 - 44.66.150,                                                           
23   (1)  "regulatory enforcement action" means action to enforce state                                                   
24 agency regulations;                                                                                                     
25   (2)  "state agency" means a department, institution, board, commission,                                              
26 division, authority, public corporation, or other administrative unit of the executive                                  
27 branch of state government.