Alaska Statutes
Alaska Stat. § 44.62.100 (2026)
Presumptions from filing
✓ current as of July 2026
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Sec. 44.62.100. Presumptions from filing.
(a) The filing of a certified copy of a regulation or an order of repeal by the lieutenant governor raises the rebuttable presumptions that
(1) it was duly adopted;
(2) it was duly filed and made available for public inspection at the day and hour endorsed on it;
(3) all requirements of this chapter and the regulations relative to the regulation have been complied with;
(4) the text of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted.
(b) The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed.
(a) The filing of a certified copy of a regulation or an order of repeal by the lieutenant governor raises the rebuttable presumptions that
(1) it was duly adopted;
(2) it was duly filed and made available for public inspection at the day and hour endorsed on it;
(3) all requirements of this chapter and the regulations relative to the regulation have been complied with;
(4) the text of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted.
(b) The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed.
Notes of Decisions
Cited in 12
cases, 1972–2010 · leading case: Shepherd v. State, Dep't of Fish & Game, 897 P.2d 33 (Alaska 1995).
Shepherd v. State, Dep't of Fish & Game, 897 P.2d 33 (Alaska 1995). “See AS 44.62.100. We disagree. Alaska Statute 44.”
State v. First Nat'l Bank of Anchorage, 660 P.2d 406 (Alaska 1982). “AS 44.62.100(a) establishes a rebuttable presumption that the procedural requirements for the promulgation of administrative regulations have been satisfied.”
Koyukuk River Basin Moose Co-Mgmt. Team v. Bd. of Game, 76 P.3d 383 (Alaska 2003). “See AS 44.62.100. 16 . Native Vill. of Elim, 990 P.”
Native Vill. of Elim v. State, 990 P.2d 1 (Alaska 1999). “41 Moreover, as the Board notes, a regulation adopted under Alaska’s administrative procedure statute, AS 44.62.100, is presumed to be valid, and a challenger has the burden to demonstrate that the regulation is invalid.”
Kingery v. Chapple, 504 P.2d 831 (Alaska 1972). “AS 44.62.100 provides : Presumptions from filing.”
Mech. Contractors of Alaska, Inc. v. State, Dep't of Pub. Saf., 91 P.3d 240 (Alaska 2004). “AS 44.62.100; Chevron U.S.A., 663 P.2d at 929 .”
Gilbert v. State, Dep't of Fish & Game, Bd. of Fisheries, 803 P.2d 391 (Alaska 1990). “We have held that the Board of Fisheries “is required to follow APA [Administrative Procedures Act] procedures when adopting regulations pursuant to its statutorily delegated authority.”
Yurioff v. Am. Honda Motor Co., 803 P.2d 386 (Alaska 1990). “AS 44.62.100. 1 . Effective September 3, 1986, the legislature amended AS 09.”
Charles v. State, 232 P.3d 739 (Alaska Ct. App. 2010). “2d 406, 425 (Alaska 1982) ("AS 44.62.100(a) establishes a rebuttable presumption that the procedural requirements for the promulgation of administrative regulations have been satisfied.”
Trs. for Alaska v. State, Dep't of Nat. Resources, 795 P.2d 805 (Alaska 1990). “AS 44.62.100(a)(3). A regulation must substantially fail to comply with the Administrative Procedure Act’s procedural requirements to be declared invalid.”
Chevron U.S.A. Inc. v. LeResche, 663 P.2d 923 (Alaska 1983). “AS 44.62.100(a)(3) provides: (a) The filing of a certified copy of a regulation or an order of repeal by the lieutenant governor raises the rebuttable presumptions that .”
Rutter v. State, 963 P.2d 1007 (Alaska 1998). “See AS 44.62.100 (“The filing of a certified copy of a regulation .”
— Alaska Stat. § 44.62.100(a) — 2 cases
State v. First Nat'l Bank of Anchorage, 660 P.2d 406 (Alaska 1982). “AS 44.62.100(a) establishes a rebuttable presumption that the procedural requirements for the promulgation of administrative regulations have been satisfied.”
Charles v. State, 232 P.3d 739 (Alaska Ct. App. 2010). “2d 406, 425 (Alaska 1982) ("AS 44.62.100(a) establishes a rebuttable presumption that the procedural requirements for the promulgation of administrative regulations have been satisfied.”
— Alaska Stat. § 44.62.100(a)(3) — 3 cases
Trs. for Alaska v. State, Dep't of Nat. Resources, 795 P.2d 805 (Alaska 1990). “AS 44.62.100(a)(3). A regulation must substantially fail to comply with the Administrative Procedure Act’s procedural requirements to be declared invalid.”
Chevron U.S.A. Inc. v. LeResche, 663 P.2d 923 (Alaska 1983). “AS 44.62.100(a)(3) provides: (a) The filing of a certified copy of a regulation or an order of repeal by the lieutenant governor raises the rebuttable presumptions that .”
Kingery v. Chapple, 504 P.2d 831 (Alaska 1972). “AS 44.62.100 provides : Presumptions from filing.”
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