11 AAC 03.030. Determination of noncompetitive disposition

(a) If the commissioner determines that the royalty oil, gas, or associated substances will be disposed of by a method other than by competitive bid, the commissioner will make this determination in writing.

(b) The determination to dispose of royalty oil, gas, or associated substances by a method other than by competitive bid will be made on the basis either that the best interests of the state do not require a competitive disposition or that no competition exists. The written determination will include the specific findings and conclusions for the commissioner's determination. The commissioner, in determining whether competition exists, will, in the commissioner's discretion, consider the effect of the circumstances, terms, and conditions of the contemplated disposition upon potential competition.

(c) Determinations made for a noncompetitive disposal will, in the commissioner's discretion, be made at any time before the execution of an agreement for the disposal. However, the commissioner will notify the Alaska Royalty Oil and Gas Development Advisory Board in the manner set out in 11 AAC 03.040 before the issuance of a determination that a sale is to be made by a method other than by competitive bid.

History: Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

Authority: AS 38.05.020

AS 38.05.183

AS 38.06.050

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