Title 2 . Administration

Chapter 50 . Public Information

Section 780. Commission consideration of exemption requests

2 AAC 50.780. Commission consideration of exemption requests

(a) For an exemption circumstance under 2 AAC 50.775(c) , (d), (e), (g), (i), or (k), and no later than 30 days after the commission receives a written exemption request that complies with 2 AAC 50.775(b) , the staff of the commission shall

(1) grant the request, if the facts stated in the request satisfy the exemption circumstance upon which the request relies; and

(2) send to the filer, at the address on file with the commission, a written notice of the staff's decision to grant or deny the exemption.

(b) If under (a) of this section the staff of the commission grants a request, the filer need not report the name and address of the source of income for which the request is made. If the staff denies the request, the filer shall, no later than 30 days after the date of the staff's written notice under (a) of this section,

(1) report the name and address of the source of income as required under AS 24.60.200 ; or

(2) file with the commission a notice of appeal, which

(A) must contain the information described in 2 AAC 50.775(b) ;

(B) must explain why the filer believes that the staff erred in denying the filer's request for exemption; and

(C) may include additional information that the filer considers appropriate.

(c) If the filer does not file a timely written notice of appeal under (b) of this section, the decision of the staff of the commission is final, and may not be appealed to the commission.

(d) If the filer files a timely notice of appeal under (b) of this section, the commission will hear the appeal at the next scheduled meeting of the commission, unless the commission, in its discretion, finds good cause to hear the appeal at a different meeting. At the hearing, an attorney may represent the filer. Unless the commission provides otherwise, the filer shall present the filer's case first, and the staff of the commission shall present its case next. After the hearing, the commission will grant or deny the request for an exemption.

(e) For an exemption circumstance under 2 AAC 50.775(f) , (h), or (j), and no later than 30 days after the commission receives a written exemption request that complies with 2 AAC 50.775(b) , the staff of the commission shall

(1) determine whether the facts stated in the request satisfy the requirements of the exemption circumstance upon which the request relies;

(2) make a preliminary finding, which recommends that the commission grant or deny the request;

(3) send to the filer, at the address on file with the commission, a written notice of the preliminary finding; and

(4) submit the preliminary finding to the commission for action under (f) of this section.

(f) After the staff of the commission has submitted a preliminary finding made under (e) of this section, the commission will

(1) review the preliminary finding at the next scheduled meeting of the commission, unless the commission, in its discretion, finds good cause to review the finding at a different meeting; and

(2) accept, reject, or modify the preliminary finding.

(g) No later than 30 days after reviewing a notice of appeal under (d) of this section or a preliminary finding under (f) of this section, the commission will send to the filer, at the address on file with the commission, written notice of the commission's final decision and an order granting or denying the request for exemption.

(h) If under (g) of this section the commission

(1) grants a request for exemption, the filer need not report the name and address of the source of income; and

(2) denies a request for exemption, the filer shall

(A) report the name and address of the source of income as required under AS 24.60.200 no later than 30 days after the date of the commission's order; or

(B) file a notice of appeal under AS 44.62.560 .

(i) If while considering a request for exemption the commission or the staff of the commission determines that information that the commission or the staff has received is protected by a state or federal constitutional right or is legally privileged, the commission and the staff will keep the information confidential, without regard to whether the filer claims the right or privilege.

(j) The filer does not violate AS 24.60 or 2 AAC 50.705 - 2 AAC 50.890 for failure to report the name and address of a source of income if the filer has requested an exemption under 2 AAC 50.775 and

(1) the commission has not issued a written final decision and order regarding a preliminary finding that the staff of the commission has submitted under (e) of this section; or

(2) a notice of appeal that the filer has submitted under (b) or (h) of this section is under review.

History: Eff. 7/20/95, Register 135; am 2/20/2005, Register 173

Authority: AS 24.60.200

AS 24.60.220

AS 24.60.230

AS 39.50.050