5 AAC 75.038. Authorization for methods and means disability exemptions

(a) A person with a disability, or the personal representative of a person with a disability, may submit an application on a form available from the department for an exemption from a method and means requirement specified in 5 AAC 47 - 75. This application must

(1) include a signed statement from a licensed physician explaining the nature and extent of the person's disability;

(2) specifically identify the methods and means limitation at issue and the type of exemption requested;

(3) include a statement by the person with a disability that explains the causal relationship between the disability and the requested accommodation, or how the regulation at issue prohibits meaningful access to the program, service, or benefit; and

(4) be submitted at least 30 days before the requested effective date of exemption unless the exemption is being requested as a result of an emergency order or emergency regulation.

(b) The department shall issue a special authorization in writing that grants the requested exemption or alternative exemption, if it determines that the exemption would provide a person with a disability with meaningful access to the program, service, or benefit in question, and meets the standard set out in this section. In granting the exemption, the department may include any conditions it determines are reasonable to conform the exemption to existing conservation and management objectives. In considering whether to grant the exemption, the department may consider, among other factors, whether the exemption would

(1) fundamentally alter a program, service, or benefit of the department;

(2) place an undue administrative burden or expense on the department;

(3) have an unreasonable impact on the conservation, development, or utilization of fish; or

(4) constitute an unreasonable risk to public health or safety.

(c) The department may require a sport fisherman who receives an exemption under this section to be accompanied by another licensed or permitted sport fisherman.

(d) The department will not authorize an exemption under this section if

(1) the regulation does not substantially prohibit the person from meaningful access to the program, service or benefit;

(2) the authorization would allow an exemption or modification to seasons or bag limits; or

(3) the Board of Fisheries has previously reviewed and acted on the same request for accommodation.

History: Eff. 3/13/2004, Register 169

Authority: AS 16.05.251

Editor's note: The form specified in 5 AAC 75.038 is available at the Department of Fish and Game, Division of Sport Fish, 333 Raspberry Road, Anchorage, Alaska 99518-1599.

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