Section 3 AAC 110.710 - Procedure for reclassification of first class cities with less than 400 residents(a) A city council requesting reclassification under AS 29.04.045 shall file a written request with the commission including the following: (1) the name of the first class city seeking reclassification;(2) the city council's mailing address;(3) a certified copy of the resolution, meeting minutes or other official record of the city council action requesting reclassification;(4) whether the city will exercise powers under AS 29.35.260(c) after reclassification;(5) a true and correct copy of the most recent decennial U.S. census records showing that the city has a population less than 400; and(6) an affidavit of the person filing the written request that, to the best of the person's knowledge, information, and belief, formed after reasonable inquiry, the information in the request is true and accurate.(b) Within 20 days after receiving a request under (a), the commission will convene a decisional meeting in compliance with 3 AAC 110.680 to examine the written request and to determine whether the city is eligible for reclassification as a second class city under AS 29.04.045. The commission will only determine that a city is ineligible if (1) the written request does not meet the requirements of (a) of this section; or(2) the city council previously rejected reclassification under AS 29.04.045(c) within the twelve months preceding receipt of the request.(c) Within 30 days after receipt of the written request, the commission will issue a notice to the requesting city council of its determination. If the commission determines that the city is ineligible for reclassification, the notice will state the reason for ineligibility. The notice will be mailed to the city council. The department shall execute and file an affidavit of mailing as part of the public record of the proceedings. The notice constitutes a final decision of the commission.(d) The city council of a first class city determined ineligible based on failure to meet the requirements of (a) of this section may submit a new written request at any time. The city council of a first class city determined to be ineligible under AS 29.04.045(c) may resubmit a petition after twelve months have elapsed since the city council's rejection of reclassification.(e) Except as otherwise provided in this section, the provisions of 3 AAC 110.400 - 3 AAC 110.700 do not apply to a written request under AS 29.04.045.Eff. 1/5/2024, Register 249, April 2024Authority: Art. X, sec. 7, Ak Const.
AS 29.04.045
AS 44.33.812