HB 463: "An Act establishing restrictions on certain regulatory enforcement."

00HOUSE 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.