Section 2 AAC 35.070 - Regulations(a) Public notice, under AS 39.35.005, of the proposed adoption, amendment, or repeal of a system regulation will include an informative summary of the action proposed to be taken; a date through which written comments on the proposed action will be accepted from the public; and the time and place of any hearings at which oral comments from the public will be accepted, if the commissioner decides to schedule such hearings. Upon request from any person, the commissioner will provide that person with the text of any regulation or proposed regulation whose adoption, amendment or repeal is being considered. The commissioner will consider all comments presented under this subsection before adopting, amending, or repealing a regulation, but is not required to respond to comments. if a hearing is held under this subsection, the commissioner may continue or postpone the hearing to a time and place that the commissioner determines to be suitable. The commissioner may take an action that varies from the proposed action set out in the notice required by this subsection if the subject matter of a regulation adopted, amended, or repealed remains the same as that included in the public notice.(b) If the commissioner adopts, amends, or repeals a regulation as an emergency regulation under AS 39.35.005(h), the commissioner's action will be accompanied by a written finding that the action meets the standards set out in AS 39.35.005(h) for an emergency action to be valid. This written finding will include a summary of the facts constituting the emergency. The public notice that is required by AS 39.35.005(h) after the emergency action will comply with (a) of this section. An emergency regulation adopted, amended, or repealed under AS 39.35.005(h) and this subsection remains in effect only 30 days after its effective date, unless the emergency regulation is proposed for adoption, amendment, or repeal on a permanent basis under AS 39.35.005 and this section.(d) The commissioner will make copies of adopted regulations available to the public upon request.In effect before 10/21/83, Register 93; am 5/10/85, Register 99; am/readopt 7/20/2006, Register 179Authority:AS 39.35.003
AS 39.35.005