Regulatory Comment Letter - Alaska

COMMENTS ON ALASKA PROPOSED REGULATORY ACTION

Filing Gate

This form assumes an ordinary adoption, amendment, or repeal governed by AS 44.62.180-.290. Under AS 44.62.290(b), only §§ 44.62.180 and 44.62.290 apply to a regulation prescribing agency organization or procedure. Emergency regulations use a different process. Check the enabling statute for additional notice or hearing requirements.

AS 44.62.190(a) generally requires at least 30 days' notice before adoption, amendment, or repeal. AS 44.62.210(a) requires an opportunity at the noticed time and place to present written statements, arguments, or contentions, with or without an opportunity to present them orally. The notice controls the actual deadline and methods.

Date: [________________________________]

To: [AGENCY RULEMAKING CONTACT]

Agency: [________________________________]

Submission method/address: [________________________________]

Re: Comments on [TITLE OF PROPOSED ACTION], [AAC CITATION]

Online notice: [POSTING NUMBER AND URL]

Dear [RULEMAKING CONTACT]:

[COMMENTER LEGAL NAME] submits these comments on the proposed regulatory action identified above. These comments are submitted by the deadline and method stated in the official notice.

1. Commenter and Affected Interest

1. Commenter is a [resident / business / nonprofit / association / municipality / other] located at [address].

2. Commenter's relevant activities are [describe operations, license, program participation, regulated conduct, or other interest].

3. The proposal would affect Commenter by [identify the cost, duty, benefit, procedure, license, reporting requirement, or other direct effect].

4. [NAME AND TITLE] is authorized to submit these comments for Commenter.

2. Requested Action

Commenter asks the Agency to:

1. [Adopt / revise / withdraw] proposed [AAC citation];
2. Replace [quoted proposed language] with [exact replacement language];
3. Address the evidence in Exhibits [____]; and
4. [Take another action within the Agency's authority].

3. Authority and Notice

The notice cites [STATUTE AND SECTION] as authority and identifies [STATUTE OR OTHER LAW] as being implemented, interpreted, or made specific.

AS 44.62.200(a) requires the notice to state the time, place, and nature of the proceeding; cite the authority and the law being implemented; provide an informative summary; and include applicable fiscal information and any additional agency-specific matter. Section 44.62.200(c) generally requires the proposed text and feasible, non-copyright-prohibited incorporated material to be available through the Alaska Online Public Notice System. Section 44.62.200(d) generally requires a clear brief description of the changes, subject to the listed agency exceptions.

Commenter submits that the proposal:

☐ Fits the cited authority because [________________________________].

☐ Should be narrowed because [compare the proposed text with the statutory delegation].

☐ Does not give reasonable notice of the following affected subject or interest: [________________________________].

Identify the exact notice text, proposed text, or missing material. Do not substitute federal rulemaking terminology for Alaska's statutory standards.

4. Section-by-Section Comments

Comment 1 — [Short descriptive heading]

The proposal states: "[quote the proposed text]".

Commenter recommends: "[provide replacement text]".

The revision is warranted because [enabling authority, factual evidence, technical feasibility, administrative effect, unintended consequence, or other grounded reason]. Supporting material appears at Exhibit [____], page [____].

Comment 2 — [Short descriptive heading]

The proposal states: "[quote the proposed text]".

Commenter recommends: "[provide replacement text]".

The revision is warranted because [________________________________].

5. Cost and Fiscal Evidence

For most agencies, AS 44.62.190(d) requires specified notices to state the initial implementation cost and good-faith estimated annual aggregate costs to private persons, the adopting and other State agencies, and municipalities. The Regulatory Commission of Alaska, Board of Fisheries, Board of Game, and Alaska Oil and Gas Conservation Commission use the narrower information rule in § 44.62.190(g). AS 44.62.195 separately requires a fiscal estimate when the action would require increased State appropriations.

Key assumptions: [wage rates, affected units, frequency, implementation period, data source, and uncertainty range].

Section 44.62.210(a) requires the Agency to consider factual, substantive, and other relevant matter presented and to pay special attention to private-person cost. Commenter asks the Agency to use [alternative assumption, method, or estimate] because [________________________________].

Former AS 44.62.218, titled “Regulations affecting small businesses,” was repealed in 2005. Do not claim that current Alaska law requires a generic small-business impact analysis or a no-significant-impact certification under that repealed section. Present supported small-business cost evidence through the current cost and public-comment provisions.

6. Public Questions and Comment Record — Optional

For an agency covered by AS 44.62.213, a relevant written question or a question asked at a public meeting at least ten days before the end of the comment period triggers a good-faith effort to answer before the period ends. The answer must be written and made public. The section excludes the Regulatory Commission of Alaska, Board of Fisheries, Board of Game, and Alaska Oil and Gas Conservation Commission.

Question: [________________________________]

Date submitted or asked: [________________________________]

Why relevant to the proposed action: [________________________________]

For an agency covered by AS 44.62.215, Commenter asks the Agency's public-comment record to reflect its use or rejection of the following relevant factual or substantive information: [identify exhibit, data, and requested treatment]. Confirm the statutory agency exclusions before relying on this request.

7. Oral Presentation and Other Procedural Requests

AS 44.62.210(a) permits the noticed comment proceeding to accept written material with or without an oral opportunity. It does not create a universal right for one commenter to compel a public hearing.

☐ The notice already offers oral presentation. Commenter requests a speaking slot of [____] minutes on [issues].

☐ The notice does not offer oral presentation. Commenter asks the Agency, as a discretionary matter or under [verified agency-specific authority], to provide an oral opportunity because [________________________________].

Commenter also requests that the Agency:

1. Confirm receipt of these comments at [email];
2. Consider the attached factual, substantive, and cost material under § 44.62.210;
3. Make incorporated and supporting material available as required or permitted by law; and
4. [State another request grounded in the notice, enabling act, or agency rule].

8. Changes from the Published Summary

Under AS 44.62.200(b), an adopted, amended, or repealed regulation may vary from the notice summary if the subject matter remains the same and the original notice reasonably informed members of the public so they could determine whether their interests might be affected.

Commenter submits that the following anticipated or requested change [remains within / may exceed] that noticed subject: [________________________________].

Do not demand an automatic 60-day supplemental comment period. Do not add ex parte-disclosure language or a generic judicial-review reservation without separate authority applicable to the agency, action, and commenter.

9. Conclusion

For the reasons above, Commenter asks the Agency to [adopt, revise, or withdraw specified provisions] and use the exact revisions stated in Sections [____].

Please direct questions concerning this submission to [name, title, telephone, and email].

Respectfully submitted,

Signature: ______________________________

[Name]

[Title / organization]

[Address]

[Telephone / email]

Exhibit List

Filing Checklist

☐ Confirmed the action is governed by the ordinary AS 44.62.180-.290 procedure

☐ Read the complete official notice and proposed text

☐ Verified the agency's enabling statute and any additional procedure

☐ Confirmed the deadline, recipient, and permitted submission methods

☐ Checked whether oral presentation is offered

☐ Applied the correct agency exception to cost, question, and comment-record provisions

☐ Removed the repealed § 44.62.218 small-business framework

☐ Removed unsupported federal terminology, ex parte language, and generic litigation reservations

☐ Supported factual and cost claims with exhibits and reproducible calculations

☐ Retained proof of timely submission and receipt

Current Alaska Rulemaking Notes

• AS 44.62.190 generally supplies at least 30 days' notice; additional agency-specific notice may also apply.
• AS 44.62.210 requires a written-comment opportunity but permits the proceeding to be conducted with or without oral presentation.
• AS 44.62.200(b) uses the same-subject and reasonable-public-notice test for variance from the published summary; do not import federal “logical outgrowth” wording.
• Current Alaska law emphasizes specified cost disclosures and private-person costs. Former AS 44.62.218's small-business provision is repealed.
• AS 44.62.213 and .215 contain important agency exclusions; do not use their question-response or comment-record mechanics without checking coverage.

Official Sources

• AS 44.62.180-.290, official print range: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=44.62.180&secEnd=44.62.290