6 AAC 30.990. Definitions

(a) Unless the context indicates otherwise, in this chapter or in AS 18.80

(1) "practice or practices contrary to practice or practices contrary to" AS 18.80.220 - AS 18.80.260 ;

(2) "place of public accommodation, resort or amusement" includes but is not limited to educational institutions and all places included in the meaning of that term as it appears in AS 18.80.300 (7);

(3) "commission" means the State Commission for Human Rights;

(4) "commissioner" means one of the members of the State Commission for Human Rights;

(5) "chairperson" means the duly elected chairman or chairwoman of the State Commission for Human Rights, or in the absence of the chairperson, the vice-chairperson or other commissioner designated by the remaining members of the commission;

(6) "hearing commissioners" means the commissioners designated by the chairperson to conduct a hearing;

(7) "party" or "parties" means the complainant, respondent or executive director;

(8) "discrimination because of marital status or changes in marital status" includes unjustified adverse action taken against a person because that person is single, married, widowed or divorced, or because of that person's marriage or termination of marriage to another person;

(9) "executive director" includes the designee of the executive director who presents the case in support of the complaint under 6 AAC 30.410(d) ;

(10) "investigative files" means all information acquired during the course of investigation of a complaint but does not include

(A) information whose release is prohibited by federal law or regulation, or state law;

(B) intra-agency memoranda or staff work product;

(11) "public" means persons other than the parties, but does not include those government agencies

(A) which are investigating or taking formal action under AS 18.80.200 - AS 18.80.295 ;

(B) whose stated policy and purpose is to eradicate discrimination in employment; credit and financing practices; places of accommodation; practices by the state or its political subdivisions; or the sale, lease, or rental of real property.

(b) In AS 18.80 "physical handicap" means any anatomical, physiological, or neurological disability, infirmity, malformation, or disfigurement which is caused by injury, birth defect, or illness, or the history of such a handicap.

(c) For the purposes of AS 18.80.300 (3), a club, association, or corporation "not organized for private profit" is one which has been granted tax-exempt status by the United States Internal Revenue Service, whose charter and bylaws state that it is not organized for private profit, and whose activities are consistent with its charter, bylaws, and tax exemption. A fraternal, charitable, educational, or religious association or corporation is not an employer within the meaning of AS 18.80.300 (3) if its dominant purpose and activity as an employer are fraternal, charitable, educational, or religious.

(d) For purposes of AS 18.80.240 , the terms "lease" or "rental" of real property does not apply to the payment of rent for a room in a dwelling unit when the lessor and lessee will be sharing common living areas in the dwelling unit and the lessor actually occupies the dwelling unit as a resident.

History: Eff. 12/7/63, Register 13; am 11/2/74, Register 52; am 6/6/75, Register 54; am 3/12/81, Register 77; am 5/22/81, Register 78; am 5/19/82, Register 82; am 8/9/84; Register 91; am 4/9/94, Register 130

Authority: AS 18.80.050

AS 18.80.300 (3)

AS 18.80.300 (15)

Editor's note: This section was based on 6 AAC 30.170 before 3/12/81. The history note to this section contains the history of 6 AAC 30.170 before 3/12/81.

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