An Act relating to the adoption, amendment, repeal, legislative review, and judicial review of regulations; and amending Rule 202, Alaska Rules of Appellate Procedure

Updated: March 13, 1999

Section #1 - refers to this act as "The Alaska Regulations Reform Act"

Section #2 - in AS 44.62.030-Relationship between regulation and statute-a regulation is not valid or adopted unless the regulation "takes a reasonable approach clearly within the intent of the statute."

Rationale: the change from 'reasonably' to 'a reasonable approach clearly within the intent of' allows for less ambiguity in the way this statute can be interpreted, thus holding agencies closer to the original intent of the statutes when they promulgate the respective regulations.

Section #3 - adds a new subsection to AS 44.62.030 which states that an agency cannot adopt a regulation that changes the intent of the statute. It places the burden of proof on the person challenging the regulation under this subsection, and does not allow for a temporary restraining order, preliminary injunction or a permanent injunction to enjoin the operation of a regulation.

Rationale: by placing the burden of proof on the person challenging the regulation; and by removing the ability to obtain a temporary restraining order, a preliminary injunction or a permanent injunction the use of this section to enjoin the operation of a regulation is meant to be deterred.

Section #4 - requires that when a department adopts a regulation, an order of appeal, or an amendment to a regulation the department will submit a cost-benefit analysis of the costs of the regulatory action. The Department of Corrections, Board of Fisheries, Board of Game and the Alaska Commercial Fisheries Limited Entry Commission are exempt from this requirement.

Rationale: this would make each department justify and ensure that the fiscal benefit of a proposed regulatory action outweighs the cost to the public.

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