Title 2 . Administration

Chapter 50 . Public Information

Section 115. Procedures for late statements from executive branch public officials

2 AAC 50.115. Procedures for late statements from executive branch public officials

(a) If the annual statement of an executive branch public official is late for eight days, the staff of the commission shall send a written notice to the executive branch public official at the address on file with the commission. The notice must state

(1) that the statement has not been filed;

(2) the date on which the statement was due;

(3) that refusal or failure to file

(A) is punishable as a misdemeanor offense; and

(B) on or before the 30th day of lateness will cause the commission to

(i) request the governor to remove the executive branch public official from office under AS 39.50.060 - 39.50.080, if the executive branch public official is not the governor or the lieutenant governor;

(ii) request the state agency that administers the salary, per diem, and travel expenses of the executive branch public official to withhold those payments under AS 39.50.070 , 39.50.080, or 39.50.130;

(iii) request the attorney general to initiate misdemeanor proceedings under AS 39.50.060 - 39.50.080 or 39.50.130; and

(iv) take other action as appropriate to carry out AS 39.50.060 - 39.50.080 or 39.50.130;

(4) the amount of the civil penalty assessed to date under 2 AAC 50.110;

(5) that the civil penalty assessed under 2 AAC 50.110 increases until the statement is filed; and

(6) the right of appeal under AS 39.50.135 and 2 AAC 50.112.

(b) If the annual statement of an executive branch public official is late for 22 days, the staff of the commission shall send a written notice to the executive branch public official at the address on file with the commission. The notice must include the information included in a notice sent under (a) of this section.

(c) If the annual statement of an executive branch public official has been late for 30 days, the staff of the commission shall

(1) send a written notice to the executive branch public official at the address on file with the commission; the notice must include the information included in a notice sent under (a) of this section;

(2) notify the commission that the statement has been late for 30 days; and

(3) under the direction of the commission, take other action as appropriate to carry out AS 39.50.060 - 39.50.080 and 39.50.130.

(d) If the annual statement of an executive branch public official is late for 30 days, the commission will

(1) request the governor to remove the official from office under AS 39.50.060 - 39.50.080, unless the official is the governor or lieutenant governor;

(2) request the state agency that administers the salary, per diem, and travel expenses of the executive branch public official to withhold those payments under AS 39.50.070 , 39.50.080, or 39.50.130;

(3) request the attorney general to initiate misdemeanor proceedings under AS 39.50.060 - 39.50.080 or 39.50.130; and

(4) take other action as appropriate to carry out AS 39.50.060 - 39.50.080 or 39.50.130.

(e) If an executive branch public official files a statement after the date applicable to that official under AS 39.50.020 (a), the staff of the commission shall send a written notice to the executive branch public official at the address on file with the commission. The notice must state the

(1) amount of the civil penalty assessed under 2 AAC 50.110; and

(2) right of appeal under AS 39.50.135 and 2 AAC 50.112.

History: Eff. 9/9/78, Register 67; am 10/18/81, Register 80; am 1/26/86, Register 97; am 7/20/95, Register 135

Authority: AS 15.13.030

AS 39.50.020

AS 39.50.050

AS 39.50.060

AS 39.50.070

AS 39.50.080

AS 39.50.130