Agency Rulemaking Petition - Alaska

PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF AN ALASKA REGULATION

USE NOTE

AS 44.62.220 and AS 44.62.230 provide Alaska's general petition process for adoption, amendment, or repeal of a regulation. Before using this template, confirm whether another statute restricts who may petition or prescribes a different procedure. AS 44.62.220 expressly preserves those agency- or subject-specific rules.

The general statute requires a petition to state clearly and concisely:

1. The substance or nature of the regulation, amendment, or repeal requested;
2. The reasons for the request; and
3. The authority of the agency to take the requested action.

The sections marked Required statutory element track those requirements. Other sections are optional and should be used only when helpful.

OPTIONAL COVER LETTER

[__/__/____]

[________________________________]
[Agency Head or Rulemaking Contact]
[________________________________]
[Agency Name]
[________________________________]
[Mailing or Delivery Address]
[________________________________]

Re: Petition under AS 44.62.220 to [adopt / amend / repeal] [____] AAC [____].[____] concerning [________________________________]

Dear [________________________________]:

Enclosed is a petition by [________________________________] requesting that [________________________________] [adopt / amend / repeal] a regulation concerning [________________________________].

Please direct the agency's written response and any notice concerning the petition to:

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

Respectfully submitted,

_________________________________________
[Name]
[Title and organization, if any]

BEFORE THE [________________________________]

STATE OF ALASKA

PETITION TO [ADOPT / AMEND / REPEAL] A REGULATION

1. PETITIONER AND CONTACT INFORMATION

Petitioner's interest in the requested action:

[________________________________]

[________________________________]

2. SUBSTANCE OR NATURE OF REQUEST — REQUIRED STATUTORY ELEMENT

Petitioner asks the agency to:

☐ Adopt a new regulation
☐ Amend an existing regulation
☐ Repeal an existing regulation
☐ Take a combination of the actions described above

Existing Alaska Administrative Code citation, if any: [____] AAC [____].[____]

Short description of the requested action:

[________________________________]

[________________________________]

Proposed regulatory text or description of the substance requested:

[________________________________]

[________________________________]

[________________________________]

[________________________________]

For an amendment, identify the language to be added, changed, or removed as precisely as practicable. For a repeal, identify each provision requested for repeal.

3. REASONS FOR THE REQUEST — REQUIRED STATUTORY ELEMENT

Problem, changed circumstance, or other basis for the request:

[________________________________]

[________________________________]

[________________________________]

How the requested action would address that issue:

[________________________________]

[________________________________]

People, entities, programs, or locations affected:

[________________________________]

[________________________________]

Facts or evidence supporting the request:

[________________________________]

[________________________________]

4. AGENCY AUTHORITY — REQUIRED STATUTORY ELEMENT

The agency has authority to take the requested action under:

AS 44.62.020 does not itself grant or enlarge an agency's rulemaking power. The requested regulation must be within authority conferred by other law. Under AS 44.62.030, a regulation implementing or interpreting a statute must be consistent with that statute and reasonably necessary to carry out its purpose.

5. OPTIONAL SUPPORTING ANALYSIS

Use only the subjects that are relevant to the requested action.

A. Current Regulatory Framework

[________________________________]

[________________________________]

B. Expected Costs, Savings, or Operational Effects

[________________________________]

[________________________________]

C. Effects on Small Businesses, Municipalities, or State Agencies

[________________________________]

[________________________________]

D. Effects on Rural or Alaska Native Communities or Subsistence Activities

[________________________________]

[________________________________]

E. Federal-Law or Other-Jurisdiction Comparison

[________________________________]

[________________________________]

6. SUPPORTING MATERIALS

Petitioner submits the following materials, if any:

☐ Proposed regulation text
☐ Marked comparison showing proposed amendments
☐ Factual declarations or stakeholder statements
☐ Technical, scientific, or economic material
☐ Other: [________________________________]

7. REQUESTED RESPONSE

Petitioner respectfully asks the agency to:

1. Consider this petition under AS 44.62.220 and any applicable agency-specific law;
2. Within 30 days after receipt, either deny the petition in writing or schedule the matter for public hearing under AS 44.62.190-44.62.215, as required by AS 44.62.230; and
3. Send the response and any notice concerning the petition to the contact identified above.

8. SIGNATURE

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed name

_________________________________________
Title and organization, if any

The general petition provisions in AS 44.62.220 and AS 44.62.230 do not state a notarization or verification requirement. Confirm whether an agency-specific statute, regulation, form, or submission system requires one.

SUBMISSION RECORD

The general petition statutes do not prescribe a universal address, delivery method, number of copies, or online filing system. Confirm the receiving agency's current requirements before submission.

Pre-Submission Checklist

☐ Confirm that the correct agency has authority over the subject
☐ Check for an agency-specific petition statute, regulation, form, or procedure
☐ State the requested regulatory substance clearly and concisely
☐ State the reasons for the request clearly and concisely
☐ Cite and explain the agency's independent rulemaking authority
☐ Review the current Alaska Administrative Code and pending notices
☐ Keep a complete copy and proof of the agency's receipt

WHAT AS 44.62.230 REQUIRES AFTER RECEIPT

Within 30 days after receiving a petition under the general procedure, the agency must take one of two actions:

1. Deny the petition in writing; or
2. Schedule the matter for public hearing under AS 44.62.190-44.62.215.

For a petition seeking an emergency regulation, AS 44.62.230 provides a different path if the agency finds that an emergency exists.

Scheduling the matter does not itself adopt the petitioner's proposed text. If the agency proceeds, the statutory rulemaking process controls. Among other things:

• AS 44.62.190 generally requires notice at least 30 days before adoption, amendment, or repeal;
• AS 44.62.200 specifies contents of the notice;
• AS 44.62.210 requires an opportunity to present written material, with or without an opportunity for oral presentation, and requires the agency to consider relevant matter before acting;
• AS 44.62.215 requires most agencies to keep a record of their use or rejection of relevant substantive public-comment information; and
• Under AS 44.62.180, a filed regulation generally becomes effective on the 30th day after filing, subject to the exceptions stated in that section.

The APA establishes general minimum procedures, and other statutes may impose additional requirements or exceptions.

IF THE PETITION IS DENIED

☐ Obtain and preserve the agency's written denial
☐ Compare the stated reasons with the petition and governing agency statutes
☐ Consider whether additional evidence or a revised petition would address the reasons
☐ Consider legislative or other administrative options
☐ Consult Alaska counsel promptly about any agency-specific or other available judicial remedy and deadline

AS 44.62.300 authorizes a declaratory action concerning the validity of a regulation. It does not state a general procedure or deadline for judicial review of a denial under AS 44.62.230. This template therefore does not prescribe a court, pleading, standard of review, or filing deadline for challenging a denial.

SOURCES AND REFERENCES

• Alaska Statutes, AS 44.62.020-.040, AS 44.62.180-.230, and AS 44.62.300 (official Alaska Legislature source):
  https://www.akleg.gov/basis/statutes.asp#44.62

• Alaska Administrative Code (official Alaska Legislature search):
  https://www.akleg.gov/basis/aac.asp

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Alaska before use. Verified against official Alaska statutory text current through the 2025 Alaska Statutes and checked against 34th Legislature bill activity through August 9, 2026.