Title 2 . Administration

Chapter 35 . Public Information

Section 70. Regulations

2 AAC 35.070. Regulations

(a) Except as provided in (b) of this section, at least 30 days before the adoption, amendment, or repeal of a regulation, the board will give public notice of the proposed action by publishing notice in one or more newspapers of general circulation in each judicial district of the state; by posting notices in public buildings throughout the state; by mailing a copy of the notice to every person or group that has filed a request for notice of proposed regulations with the board or the administrator; and by providing a copy of the notice to each member of the legislature and to the Legislative Affairs Agency. Public notice will include a statement of the time, place, and nature of the proceedings for the adoption, amendment, or repeal of the regulation and will include an informative summary of the proposed subject of the regulation. Before the time designated in the notice, the board will accept written statements. On the date and at the time designated in the notice, the board will accept written statements and give any person the opportunity to present statements, arguments or contentions orally. The board will consider all relevant matters presented to it before adopting, amending, or repealing a regulation. At a hearing under this subsection, the board will, in its discretion, continue or postpone the hearing to a time and place that it determines. A regulation that is adopted, or its amendment or repeal, may vary in content from the informative summary specified in this subsection if the subject matter of the regulation, or its amendment or repeal, remains the same and the original notice is written to assure that members of the public are reasonably notified in the proposed subject of the board's action.

(b) The board will, in its discretion, adopt, amend, or repeal a regulation, effective immediately, as an emergency regulation if the board finds that an emergency exists and that the adoption of the regulation, or its amendment or repeal, is necessary for the immediate preservation of the orderly operation of the Public Employees' Retirement System or the business of the board. This finding will include a statement of the facts constituting the emergency. The requirements of (a) of this section do not apply to the initial adoption of an emergency regulation. Within 10 days after adopting an emergency regulation, the board will give notice of the adoption of the regulation under (a) of this section. An emergency regulation adopted under this subsection remains in effect only until the date of the next regular board meeting unless the emergency regulation is adopted as a permanent regulation under (a) of this section.

(c) A regulation becomes effective 30 days after adoption, not counting the date of adoption. If the 30th day falls on a Saturday, Sunday, or holiday, then the regulation becomes effective on the next business day following the Saturday, Sunday, or holiday.

(d) The board will make copies of its adopted regulations available to the public through the administrator.

History: In effect before 10/21/83, Register 93; am 5/10/85, Register 99

Authority: AS 39.35.040

AS 39.35.042

Editor's note: This regulation was adopted by the public employees retirement board before AS 39.35.042 was amended by Ch. 35, SLA 1984. AS 39.35.042 (f), which supercedes 2 AAC 35.070(c) , provides that regulations adopted by the board take effect 30 days after adoption. Additional requirements for publication of notice of adoption, amendment or repeal of regulations by the board are provided by AS 39.35.042 (c).