Alaska Statutes
Alaska Stat. § 44.62.040 (2026)
Submitting regulations
✓ current as of July 2026
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Sec. 44.62.040. Submitting regulations.
(a) Subject to (c) of this section, every state agency that by statute possesses regulation-making authority shall submit to the lieutenant governor for filing a certified original and one duplicate copy of every regulation or order of repeal adopted by it, except one that
(1) establishes or fixes rates, prices, or tariffs;
(2) relates to the use of public works, including streets and highways, under the jurisdiction of a state agency if the effect of the order is indicated to the public by means of signs or signals; or
(3) is directed to a specifically named person or to a group of persons and does not apply generally throughout the state.
(b) Citation of the general statutory authority under which a regulation is adopted, as well as citation of specific statutory sections being implemented, interpreted, or made clear, must follow the text of each regulation submitted under (a) of this section.
(c) Before submitting the regulations and orders of repeal to the lieutenant governor under (a) of this section, every state agency that by statute possesses regulation making authority, except the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission, the office of victims' rights, and the office of the ombudsman, shall submit to the governor for review a copy of every regulation or order of repeal adopted by the agency, except regulations and orders of repeal identified in (a)(1) and (2) of this section. The governor may review the regulations and orders of repeal received under this subsection. The governor may return the regulations and orders of repeal to the adopting agency before they are submitted to the lieutenant governor for filing under (a) of this section within 30 days if they are inconsistent with the faithful execution of the laws. The governor may not delegate the governor's review authority under this subsection to a person other than the lieutenant governor.
(a) Subject to (c) of this section, every state agency that by statute possesses regulation-making authority shall submit to the lieutenant governor for filing a certified original and one duplicate copy of every regulation or order of repeal adopted by it, except one that
(1) establishes or fixes rates, prices, or tariffs;
(2) relates to the use of public works, including streets and highways, under the jurisdiction of a state agency if the effect of the order is indicated to the public by means of signs or signals; or
(3) is directed to a specifically named person or to a group of persons and does not apply generally throughout the state.
(b) Citation of the general statutory authority under which a regulation is adopted, as well as citation of specific statutory sections being implemented, interpreted, or made clear, must follow the text of each regulation submitted under (a) of this section.
(c) Before submitting the regulations and orders of repeal to the lieutenant governor under (a) of this section, every state agency that by statute possesses regulation making authority, except the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission, the office of victims' rights, and the office of the ombudsman, shall submit to the governor for review a copy of every regulation or order of repeal adopted by the agency, except regulations and orders of repeal identified in (a)(1) and (2) of this section. The governor may review the regulations and orders of repeal received under this subsection. The governor may return the regulations and orders of repeal to the adopting agency before they are submitted to the lieutenant governor for filing under (a) of this section within 30 days if they are inconsistent with the faithful execution of the laws. The governor may not delegate the governor's review authority under this subsection to a person other than the lieutenant governor.
Notes of Decisions
Cited in 10
cases, 1971–2013 · leading case: Horowitz v. Alaska Bar Ass'n, 609 P.2d 39 (Alaska 1980).
Horowitz v. Alaska Bar Ass'n, 609 P.2d 39 (Alaska 1980). “[3] AS 44.62.040 .290. [4] AS 44.62.300. [5] AS 44.”
Smart v. State, Dep't of Health & Soc. Servs., 237 P.3d 1010 (Alaska 2010). “Specifically, an agency must provide notice of the proposed regulation, AS 44.”
N. Lights Motel, Inc. v. Sweaney, 561 P.2d 1176 (Alaska 1977). “AS 44.62.040. The lieutenant governor is then required to publish all filed regulations in the Alaska Administrative Code, except that he may print “appropriate references to any regulations the printing of which he finds to be impractical, such as detailed schedules or forms…”
Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971). “AS 44.62.040. 11 . AS 44.62.130. 12 . United Bonding Ins.”
Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973). “by operation of AS 44.62.040 8 and AS 44.62.640, 9 since such regulations are not of “general application” but pertain only to the “internal management of a state agency.”
Friends of Willow Lake, Inc. v. State, Dep't of Transp. & Pub. Facilities, Div. of Aviation & Airports, 280 P.3d 542 (Alaska 2012). “AS 44.62.040. . Squires v. Alaska Bd. of Architects, Eng'rs & Land Surveyors, 205 P.”
Bushnell v. State, 5 P.3d 889 (Alaska Ct. App. 2000). “[22] See AS 44.62.040. [23] See AS 44.62.320(b). [24] See AS 44.”
State v. Estrada, 315 P.3d 688 (Alaska Ct. App. 2013). “See AS 44.62.040(c). If the governor also approves the regulation, it must then be codified in the Alaska Administrative Code, and the lieutenant governor must periodically publish a register of all newly enacted regulations.”
Smart v. State, 237 P.3d 1010 (Alaska 2010). “If Smart on remand requests review of DHSS's recoupment decision, DHSS represents that she will be entitled to a hearing.”
Arizona Dep't of AeroNautics v. Fred Harvey Transp. Co., 561 P.2d 322 (Ariz. 1977). “See Alaska Stat. § 44.62.040 (Supp.1975); Cal.”
— Alaska Stat. § 44.62.040(a) — 1 case
Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973). “by operation of AS 44.62.040 8 and AS 44.62.640, 9 since such regulations are not of “general application” but pertain only to the “internal management of a state agency.”
— Alaska Stat. § 44.62.040(c) — 1 case
State v. Estrada, 315 P.3d 688 (Alaska Ct. App. 2013). “See AS 44.62.040(c). If the governor also approves the regulation, it must then be codified in the Alaska Administrative Code, and the lieutenant governor must periodically publish a register of all newly enacted regulations.”
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