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(a) Except as provided in (c) of this section for emergency regulations, the administrator or board member proposing board action on a regulation shall provide the text of the proposed regulation, or the text of the proposed amendment or repeal of an existing regulation to board members and to the division of retirement and benefits 45 days before board action on the proposed adoption, amendment or repeal. The administrator or board member proposing the action shall include with the text of the proposal a statement of the need for the action and an explanation of how the action would effect the teachers' retirement system.
(b) Except as provided in (c) 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 who 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. The administrator or board member proposing the action shall also provide the text of the proposal and the statement of need and the explanation to any member or professional association that represents or has an interest in retired or active members of the teachers' retirement system that has requested the information. 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 of the proposed subject of the board's action.
(c) 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 teachers' retirement system or the business of the board. This finding shall include a statement of the facts constituting the emergency. The requirements of (a) and (b) of this section do not apply to the initial adoption of an emergency regulation. An emergency regulation must be adopted by the unanimous vote of those board members voting on the question. Within 10 days after adopting an emergency regulation, the board will give notice of the adoption of the regulation under (a) and (b) 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) and (b) of this section.
(d) A regulation becomes effective 30 days after adoption, not counting the day 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.
(e) Except for AS 44.62.310 and AS 44.62.312 , regarding public meetings, the Administrative Procedure Act (AS 44.62) does not apply to regulations adopted under this chapter.
(f) The board will make copies of its adopted regulations available to the public through the administrator.
History: In effect before 10/21/83; am 11/30/84, Register 93; am 5/13/85, Register 99
Authority: AS 14.25.020
Editor's note: This regulation was adopted by the Alaska Teachers' Retirement Board before AS 14.25.022 was amended by Ch. 35, SLA 1984. AS 14.25.022 (f), which supercedes (d) of this section, 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 14.25.022 (c).
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Last modified 7/05/2006