Agency Rulemaking Petition - Alaska

PETITION FOR AGENCY RULEMAKING — ALASKA

COVER LETTER

[__/__/____]

[________________________________]
[Agency Head Name]
[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Re: Petition for Rulemaking Pursuant to AS 44.62.220 — Request to [____] Adopt [____] Amend [____] Repeal Regulation(s) Concerning [________________________________]

Dear [________________________________]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to Alaska Statute 44.62.220 by [________________________________] ("Petitioner"). This petition respectfully requests that [________________________________] ("the Agency") initiate rulemaking proceedings to [adopt/amend/repeal] regulations concerning [________________________________].

Under AS 44.62.220, any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation. The Agency is required to respond within thirty (30) days by either denying the petition in writing with stated reasons or initiating rulemaking proceedings in accordance with AS 44.62.180 through 44.62.290.

Petitioner requests that the Agency acknowledge receipt of this petition and assign it a docket or tracking number for purposes of follow-up correspondence.

Please direct all correspondence regarding this petition to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Respectfully submitted,

_________________________________________
[Petitioner Name / Authorized Representative]
[Title / Position]
[Organization, if applicable]

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF ALASKA

PETITION FOR [____] ADOPTION [____] AMENDMENT [____] REPEAL OF REGULATION

Petition No.: [________________________________] (assigned by agency)
Date Filed: [__/__/____]

I. PETITIONER INFORMATION

Petitioner's Interest in the Proposed Rulemaking:

[________________________________]
[________________________________]
[________________________________]

☐ Petitioner is an individual directly affected by the existing or proposed regulation
☐ Petitioner is a business entity regulated by the Agency
☐ Petitioner is a trade or professional association representing affected members
☐ Petitioner is a nonprofit or advocacy organization with a stated interest
☐ Petitioner is a local government or tribal entity
☐ Other interest: [________________________________]

II. STATUTORY AUTHORITY FOR PETITION

This petition is filed pursuant to AS 44.62.220, which provides:

"Unless the right to petition for the adoption of a regulation is restricted by statute to a designated group or the procedure for petition is otherwise prescribed by statute, an interested person may petition an agency requesting the adoption, amendment, or repeal of a regulation."

The Agency possesses rulemaking authority under:

1. Organic Statute: [________________________________]
2. Specific Rulemaking Grant: [________________________________]
3. Subject-Matter Authority: [________________________________]

III. IDENTIFICATION OF REGULATION AT ISSUE

Type of Action Requested:

☐ Adoption of a new regulation
☐ Amendment of an existing regulation
☐ Repeal of an existing regulation
☐ Amendment and partial repeal of an existing regulation

Existing Regulation (if amendment or repeal):

Subject Area for New Regulation (if adoption):

[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND JUSTIFICATION

A. Current Problem or Deficiency

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Factual Background

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Action Addresses the Problem

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Consequences of Inaction

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED REGULATORY TEXT

Petitioner proposes the following regulatory language (or substantially similar language achieving the same purposes):

For New Regulations or Amendments — Proposed Text:

[____] AAC [____].[____] [Title of Regulation]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Amendments — Redline Showing Changes to Existing Text:

(Strikethrough indicates deletions; underline indicates additions)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Repeal:

Petitioner requests the repeal in its entirety of [____] AAC [____].[____], effective [________________________________].

VI. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The Agency is authorized to promulgate regulations under:

1. [________________________________] — [describe scope of authority]
2. [________________________________] — [describe scope of authority]
3. [________________________________] — [describe scope of authority]

B. Consistency with Existing Statutory Framework

[________________________________]
[________________________________]
[________________________________]

C. Constitutional Considerations

[________________________________]
[________________________________]

D. Federal Preemption Analysis

☐ No federal preemption issues exist
☐ Federal preemption analysis is attached (Exhibit [____])

[________________________________]
[________________________________]

E. Consistency with Other State Regulations

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

B. Small Business Impact

[________________________________]
[________________________________]
[________________________________]

Number of small businesses potentially affected: [________________________________]
Nature of impact on small businesses: [________________________________]
Proposed alternatives to reduce small business burden: [________________________________]

C. Environmental Impact

[________________________________]
[________________________________]

D. Impact on Rural Communities

[________________________________]
[________________________________]
(Note: Rural and remote community impacts are particularly significant in Alaska)

E. Impact on Alaska Native Communities and Subsistence Activities

[________________________________]
[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. Public Health and Safety: [________________________________]

2. Consumer Protection: [________________________________]

3. Environmental Protection: [________________________________]

4. Economic Development: [________________________________]

5. Government Efficiency: [________________________________]

6. Equity and Access: [________________________________]

7. Alignment with Legislative Intent: [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

☐ Technical or scientific studies
☐ Economic data and cost-benefit analysis
☐ Stakeholder letters of support
☐ Comparative analysis of other state approaches
☐ Federal regulatory guidance or requirements
☐ Draft rule text markup / redline
☐ Legislative history or committee reports
☐ Alaska-specific data (rural impact, subsistence, etc.)

X. REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] ("the Agency"):

1. Acknowledge receipt of this petition and assign a tracking number or docket designation;

2. Consider this petition in accordance with AS 44.62.220 and applicable agency procedures;

3. Within thirty (30) days of submission, either:
   - (a) Initiate rulemaking proceedings in accordance with AS 44.62.180 through 44.62.290, or
   - (b) If denying the petition, provide written reasons for denial as required by AS 44.62.220;

4. If rulemaking is initiated, provide proper notice and opportunity for public comment as required by AS 44.62.190 through 44.62.215;

5. Consider the proposed regulatory text set forth in Section V or substantially similar language; and

6. Provide Petitioner with copies of all agency actions taken in response to this petition.

XI. VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the statements in this petition are true and correct to the best of my knowledge and belief.

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed Name

_________________________________________
Title / Position

_________________________________________
Organization (if applicable)

ALASKA FILING INSTRUCTIONS

Where to File

Filing Methods

☐ U.S. Mail — Send original plus [____] copies to agency address
☐ Hand Delivery — Deliver to agency offices during business hours
☐ Electronic Filing — Where accepted by the agency; confirm format requirements
☐ Agency-Specific Online Portal — Check agency website for availability

Pre-Filing Checklist

☐ Verify the agency has rulemaking authority over the subject matter
☐ Confirm the petition is not restricted to a designated group under statute
☐ Review existing Alaska Administrative Code for current regulations
☐ Check the Alaska Administrative Register for pending rulemaking actions
☐ Identify the correct agency contact for rulemaking petitions
☐ Confirm filing format requirements with the agency
☐ Retain a date-stamped copy of the filed petition

AGENCY RESPONSE REQUIREMENTS — ALASKA

Statutory Timeline

Under AS 44.62.220, when an agency receives a petition for rulemaking:

If the Agency Initiates Rulemaking

Under AS 44.62.190, the agency must:

1. Publish notice of proposed regulatory action in the Alaska Administrative Register
2. Provide at least thirty (30) days for public comment
3. Hold a public hearing if requested or at the agency's discretion
4. Consider all public comments before adopting, amending, or rejecting the proposed regulation
5. File adopted regulations with the Lieutenant Governor pursuant to AS 44.62.040
6. Regulations become effective thirty (30) days after filing unless otherwise specified

Tracking Your Petition

☐ Date petition filed: [__/__/____]
☐ Method of filing: [________________________________]
☐ Confirmation or tracking number received: [________________________________]
☐ 30-day response deadline: [__/__/____]
☐ Agency contact for follow-up: [________________________________]
☐ Date of agency response: [__/__/____]
☐ Agency action: ☐ Denied ☐ Rulemaking initiated

APPEAL OF DENIAL

Judicial Review Under AS 44.62.300

If the agency denies the petition, the petitioner may seek judicial review in the Alaska Superior Court.

Standards for Judicial Review:

Under AS 44.62.570, the court may reverse or modify an agency decision if it finds that:

1. The agency action was unconstitutional
2. The agency exceeded its statutory authority
3. The agency action was made upon unlawful procedure
4. The agency action was not supported by substantial evidence
5. The agency action was arbitrary, capricious, or an abuse of discretion

Filing Requirements for Judicial Review:

Steps to Appeal a Denial:

☐ Obtain written denial from the agency with stated reasons
☐ Review the denial for compliance with statutory requirements
☐ Consult with an attorney regarding merits of judicial review
☐ File a complaint or petition for judicial review in Superior Court
☐ Serve the agency and Attorney General's office
☐ Request the administrative record from the agency
☐ File briefs and appear for hearing as scheduled

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter addressed to agency head
☐ Formal Petition for Rulemaking (this document, completed)
☐ Proposed regulatory text (new rule, amendment redline, or repeal request)
☐ Statement of need and justification
☐ Identification of statutory authority
☐ Verification and signature

Recommended Supporting Documents

☐ Economic impact analysis
☐ Small business impact statement
☐ Environmental impact assessment (if applicable)
☐ Rural and Alaska Native community impact analysis
☐ Technical or scientific studies supporting the petition
☐ Letters of support from stakeholders
☐ Comparative analysis of other jurisdictions' regulations
☐ Federal regulatory guidance (if relevant)
☐ Legislative history or policy analysis
☐ Draft fiscal note (if significant state expenditures involved)

Filing Copies

☐ Original petition with original signature
☐ [____] copies for agency files (confirm number with agency)
☐ One copy retained by petitioner with date-stamp or filing confirmation
☐ Electronic copy saved for petitioner's records

PRACTICE TIPS FOR ALASKA RULEMAKING PETITIONS

Before Filing

1. Research the regulatory landscape. Review the Alaska Administrative Code (AAC) and Administrative Register for existing and pending regulations on the subject matter. The Alaska Regulations Search is available through the Alaska Legislature website.

2. Contact the agency informally. Many Alaska agencies have designated rulemaking coordinators. An informal conversation before filing can help identify the correct office, current agency priorities, and potential receptivity to the proposed change.

3. Verify rulemaking authority. Ensure the agency has statutory authority to adopt the type of regulation you are requesting. Some subject areas may require legislative action rather than rulemaking.

4. Check for restricted petition rights. Under AS 44.62.220, the right to petition may be restricted by statute to a designated group in certain areas. Confirm that no such restriction applies to your petition.

5. Build stakeholder support. Petitions supported by multiple affected parties, industry associations, or public interest groups carry greater weight. Gather letters of support before filing.

Drafting the Petition

6. Be specific about proposed language. Agencies are more likely to act on petitions that include carefully drafted regulatory text rather than vague requests for regulatory change.

7. Address Alaska-specific concerns. Alaska's unique geography, climate, rural communities, Alaska Native populations, and subsistence activities require tailored regulatory analysis. Address these factors explicitly.

8. Include economic data. Quantify the costs and benefits of the proposed regulatory change where possible. Include data on effects for small businesses and rural communities.

9. Reference federal requirements. If the proposed regulation relates to federal standards, explain how the proposal coordinates with or implements federal requirements.

10. Cite comparable regulations. Reference similar regulations in other states to demonstrate that the proposed approach has been tested and proven effective.

After Filing

11. Calendar the 30-day deadline. The agency must respond within 30 days under AS 44.62.220. Follow up promptly if no response is received.

12. Prepare for public participation. If the agency initiates rulemaking, be prepared to participate in the public comment period and any public hearings.

13. Document everything. Maintain copies of all correspondence with the agency, including proof of filing dates and agency responses.

14. Consider alternatives if denied. If the petition is denied, options include revising and resubmitting, seeking judicial review, or pursuing legislative change.

SOURCES AND REFERENCES

• Alaska Statute 44.62.220 — Right to Petition for Rulemaking
  https://www.akleg.gov/basis/statutes.asp#44.62.220

• Alaska Administrative Procedure Act, AS 44.62.180–44.62.290 — Regulations
  https://www.akleg.gov/basis/statutes.asp#44.62

• Alaska Administrative Code — Searchable Database
  https://www.law.state.ak.us/doclibrary/akregister.html

• Drafting Manual for Administrative Regulations, State of Alaska
  https://law.alaska.gov/pdf/manuals/DraftingManual-AdminRegs.pdf

• Alaska Department of Law — Regulations Section
  https://law.alaska.gov/department/civil/index.html

• AS 44.62.300 — Judicial Review of Agency Actions
  https://www.akleg.gov/basis/statutes.asp#44.62.300

This template is provided for informational purposes only and does not constitute legal advice. Users must consult with a qualified attorney licensed in Alaska before filing a petition for rulemaking. Rulemaking procedures may vary by agency, and additional requirements beyond those reflected in this template may apply. Last updated: 2026-03-08.