Title 11 . Natural Resources

Chapter 67 . (No Regulations Filed)

Section 5. General qualifications

11 AAC 67.005. General qualifications

(a) In addition to other requirements that may be imposed for a particular method of acquisition, to qualify for the purchase, grant, or lease of state land, an applicant or bidder must be

(1) an individual at least 18 years old;

(2) a partnership organized under AS 32.05 or 32.06, as applicable (Uniform Partnership Act); or

(3) a corporation, limited partnership, limited liability partnership, or limited liability company that is authorized to conduct business under the laws of this state; the following items must be presented at the time that the corporation, limited partnership, limited liability partnership, or limited liability company applies for the land or registers to bid:

(A) proof that the representative of the corporation, limited partnership, limited liability partnership, or limited liability company is authorized to act and sign on behalf of that entity;

(B) proof of valid registration or certification with the Department of Commerce, Community, and Economic Development under

(i) AS 10.06 - 10.45, for corporations;

(ii) AS 10.50, for limited liability companies;

(iii) AS 32.05 or 32.06, as applicable (Uniform Partnership Act), for limited liability partnerships; or

(iv) AS 32.11 (Uniform Limited Partnership Act), for limited partnerships.

(b) Repealed 2/9/2001.

(c) An employee of the department is not eligible to acquire land by negotiated sale or negotiated lease. An employee or contractor of a state agency or other instrumentality of the state who gained knowledge of the disposal area at state expense, or who was in a position to obtain inside information about the disposal process, may not

(1) within the final 15 days of the filing period,

(A) apply for a disposal of land under AS 38.05.057 or AS 38.08; or

(B) file a sealed bid for an auction to be held under AS 38.05.055 ; or

(2) acquire land within the first 30 days that it is offered over the counter under AS 38.05.057 (f) or AS 38.05.060 .

(d) Repealed 2/9/2001.

(e) Repealed 2/9/2001.

(f) An employee or contractor referred to in (c) of this section may not

(1) stake a homestead in an unlimited homestead area for the first 15 days the area is open;

(2) acquire an authorization to stake in a limited homestead area for the first 15 days of the initial over-the-counter period for that limited area; or

(3) file an application in a lottery held under 11 AAC 67.060 - 11 AAC 67.070 for a homestead or for a remote recreational cabin site staking authorization during the final 15 days of the lottery filing period.

(g) An applicant or bidder is responsible for keeping the department informed of the applicant or bidder's current address. The application or bid is subject to rejection if the department is unable to contact the applicant or bidder at the current address of record.

History: Eff. 7/1/60, Register 1; am 8/15/64, Register 18; am 5/13/79, Register 70; am 10/14/79, Register 72; am 3/30/83, Register 85; am 5/31/84, Register 90; am 2/9/2001, Register 157

Authority: AS 38.04.900

AS 38.05.020

AS 38.05.050

AS 38.05.060

AS 38.05.070

AS 38.05.600

AS 38.09.110

Editor's note: As of Register 171 (October 2004), the regulations attorney made technical revisions under AS\n 44.62.125(b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.