STATE OF ALASKA
HOUSE OF REPRESENTATIVES
Representative Jeannette James
Joint Administrative Regulation Review Committee
MEMO
March 21, 1997
To: Senators and Representatives
From: Rep. Jeannette James, Chair
Re: Joint Administrative Reg. Review Committee status report
Hearing Overview
DOT refused to hold another public hearing on DOT AAC Title 17 Chapter 40 and 45 regulation (International and rural airports leasing) changes. DOT wanted to finalize the regulations ASAP. I requested and received a 30 day public comment period extension, which expires 3/28/97. Reg. Rev. Comm. held a hearing on 3/19/97
DOT turned HB 543 required regulations (dealing with lease extension preferences) into a full blown DOT driven, complete rewrite of Statewide Aviation leasing regulations, creating nearly 200 pages of proposed regulations. The proposed regulations have been through the public process, and despite seemingly unanimous objection from all classes of business, and people impacted the DOT has proceeded with only cosmetic changes.
The Alaska Air Carriers Assn. represents 180 of the state's air carriers and associated businesses, today they are unanimously against the proposed changes. See Ken Freemans press release of 3/21/97 on the hearing.
Legislation in progress
HB 17 Disabled bidding preferences. Senate L&C.
HB 18 DNR plat approval in unorg. boro's. Senate Resources.
HB 161 Deregulate garbage collection at APUC. House L&C sub
HJR 2 Constitution amend re: leg. repeal of regs. House Jud.
New Legislation for introduction
Sunset/sunrise statute, research in progress
HB 200 Gives subpoena power to Reg. Rev. Comm.
Update on last reports unresolved issues
1. DOT. Where did the 20 million dollars for Interior construction projects go? Fairbanks DOT says the money went to Anchorage, Anchorage says the projects aren't there, Central Region says there is a problem with design, Fairbanks has excess designers. Requested 2/21/97. NO RESPONSE.
ACTION: Turn over to LB&A and Finance Subcommittee chair.
2. DOT Airports Div.-Unfair procurement regulation procedures at Anch. In'tl. Elevator went to high bidder which was $2,600.000.00 over low bid. Requested 2/21/97.
NO RESPONSE FROM DOT.
ACTION: Turn over to LB&A and Finance Subcommittee chair.
3. DOT Aviation Div. regulations seem to be in conflict with National Fire Code regarding fueling operations. Requested 2/21/97. NO RESPONSE.
ACTION: sending second request.
4. Fish and Game. Public process, and obnoxious behavior complaints related to hearings in Gustavus. Requested 2/21/97. NO RESPONSE.
ACTION: Refer to Sen. Sharp, Senate Finance
5. Fish and Game. Complaint is that they are managing outdoor recreational access for aircraft, ATV/ORVs, and airboats based on user group conflicts, rather than on fish or game management on Interior rivers. Where is the statutory basis? Unwritten response, "the Alaska Constitution gives them the power" still under discussion.
ACTION: Seek legal opinion
6. Fish and Game. The closing of the Clear fish hatchery was started without any public process, impacted local and State elected officials were not noticed. Has been a month of run around with no good answers. RESPONSE they blew us off, and proceeded to dismantle the hatchery.
ACTION: Refer to Rep. Hanley House Finance and Sen. Sharp, Senate Finance
7. DCRA. Day Care Assistance Program, enrollment based program operators get paid for up to 10 holidays per year that they do not provide, asked for the logic. RESPONSE was basically that they didn't know.
ACTION: Give response to Finance Subcommittee chair and discuss with LB&A.
8. Adoption of external regulations in the AAC by reference.
ACTION: National search by Leg. Research to find out how it is done elsewhere.
9. HSS. Dentists pay up to $1,000.00 per year for X-RAY tube inspections, the 3 complaining dentists that contacted me had not had an inspection in 10 years. Department came back with a silly response.
ACTION: Turn over to LB&A and Finance Subcommittee chair.
New reactive regulation correspondence
10. DOT/DNR. Problems with conveyance of Happy Valley airport to the North Slope Borough.
11. DOT. Request that the current TODS regulations clock be stopped so new legislation can be incorporated.
12. DOR. PFD using their own regulations, erred over 3000 times applying the regulations. Perhaps appeals should be made public. Result is that the PFD folks are short of money.
13. DNR. Explain practice of postdating property deeds up to 10 years in the future.
14. HSS. Proposed ARORA regulations may be illegal, this is a client privacy issue.
15. Commerce. What is the use of the business register? Why do we perform this function?
16. DEC. Request for all records, correspondence, field notes, enforcement action, by DEC and court related to Judy and Gary Hinkle of Kenai regarding River Terrace Cleanup. #92-23-09-187-01
17. DOT. Leasing activity and access problems in Denali Park regarding Denali Raft Adventures.
18. DOT. What to do with the area access problems at the entrance to McKinley park? "Glitter Gulch" is scheduled for a multi-million dollar road upgrade, many business do not like the design and have appealed to us for assistance in planning the project.
19. All Agencies and Commissions, inquire about unwritten policies, see item 20
20. DEC, DNR, APUC, DOA. Unwritten policies request, issue raised in report to the Legislature by the Ombudsman's office. Letters sent as follows.
TO: Dept. of Environmental Conservation
ATTN: Commissioner Brown
FROM: Rep. Jeannette James, Chair, Admin. Reg. Rev. Committee
RE: Ombudsman Complaints J093-2030, Department of Environmental Conservation, unwritten policies
What has the DEC done to correct the unwritten policy matter addressed below, and specific to Ombudsman Complaints J093-2030, Department of Environmental Conservation, unwritten policies?
Does the DEC as of 3/17/97 have any unwritten policies, rules, or procedures as defined herein? Please review AS 24.20.460 (3) et seq.
In his recent letter to the Legislature regarding the Ombudsman's 1997 recommendations, Stuart Hall recommends that introduction of legislation be considered which would require that state agencies set out in statute, regulation or policy and procedures manuals all currently unwritten policies. Mr. Hall maintains that such unwritten policies are "red flags" in his agency's formal investigations and informal reviews of administrative acts, and that we should insist that these policies be in writing so that the public can be fully informed of those policies applicable to them in dealing with a state agency.
Ombudsman's January 9, 1997 Recommendation # 8
"Unwritten Agency Policies and Procedures". The Legislature should insist that state agencies' "unwritten policies" be set out in statute, regulation, or policy and procedures manuals so that affected members of the public are informed of the policies that apply to them when dealing with a state agency. Unwritten policies are "red flags" for the Ombudsman both in formal investigations and in informal review of administrative acts.
As a veteran state employee recently observed, "An unwritten policy isn't worth the paper it isn't written on." We concur. This topic usefully might be examined by the Legislature's Administrative Regulation Review Committee in a legislative oversight hearing.
Please respond in a timely fashion to the request, any Administrative Regulation Review Committee oversight hearings would be under AS 24.25.060 as relates to oaths, and
AS 11.56.200 et seq. as relates to perjury. If a subpoena necessary I also chair State Affairs which has that specific power under AS 24.25.101 et seq.
If you have any questions please call me, or Walt Wilcox.
END