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Alaska Statutes

Alaska Stat. § 44.62.210 (2026)

Public proceedings

✓ current as of July 2026
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Sec. 44.62.210. Public proceedings.
 (a) On the date and at the time and place designated in the notice the agency shall give each interested person or the person's authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present them orally. The state agency may accept material presented by any form of communication authorized by this chapter and shall consider all factual, substantive, and other relevant matter presented to it before adopting, amending, or repealing a regulation. When considering the factual, substantive, and other relevant matter, the agency shall pay special attention to the cost to private persons of the proposed regulatory action.

 (b) At a hearing under this section the agency or its authorized representative may administer oaths or affirmations, and may continue or postpone the hearing to the time and place which it determines.




Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1971–2026 · leading case: Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).
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Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971). · cites it 2× “AS 44.62.210. 10 . AS 44.62.040. 11 . AS 44.”
Totemoff v. State, 905 P.2d 954 (Alaska 1995). · cites it 2× “” AS 44.62.210(a). Alaska Statute 44.62.100 provides that upon the filing of a certified copy of a regulation, rebuttable presumptions are created 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;…”
Smart v. State, Dep't of Health & Soc. Servs., 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. 26 . AS 44.62.280. Specifically, an agency must provide notice of the proposed regulation, AS 44.”
N. Lights Motel, Inc. v. Sweaney, 561 P.2d 1176 (Alaska 1977). “4 One reason for the prohibition against delegation to private groups is that when amendments are adopted by these groups the public does not necessarily receive notice of, or have an opportunity to comment on or criticize the amendments, as it does when they are adopted by the…”
State v. Hebert, 743 P.2d 392 (Alaska Ct. App. 1987). · cites it 2× “190; AS 44.62.210. The agency must consider all relevant matter presented to it before adopting, amending, or repealing a regulation.”
Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “Where the Administrative Procedure Act is followed, such a record is likely to exist — especially if the agency position is expressed at the hearing required under AS 44.62.210(a). In this case, we find that the extensive agency record is sufficient for us to determine the basis…”
Friends of Willow Lake, Inc. v. State, Dep't of Transp. & Pub. Facilities, Div. of Aviation & Airports, 280 P.3d 542 (Alaska 2012). “AS 44.62.210. . AS 44.62.040. . Squires v.”
State v. Morry, 836 P.2d 358 (Alaska 1992). “Where the Administrative Procedure Act is followed, such a record is likely to exist — especially if the agency position is expressed at the hearing required under AS 44.62.210(a). 6 . To be valid a regulation must be consistent with the authorizing statute and reasonably…”
Estrada v. State, 362 P.3d 1021 (Alaska 2015). “AS 44.62.210. 51 . - Because we find that the harvest limits should have been adopted in accordance with the APA, we do not reach the other questions briefed by the parties.”
Kelso v. Rybachek, 912 P.2d 536 (Alaska 1996). “” AS 44.62.210. However, neither the statute allowing petitions for regulatory revision nor the reclassification regulation imposes a burden on the State to generate information in support of a decision to maintain designated uses.”
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.”
Mun. of Anchorage, formerly d/b/a Mun. Light & Power Dep't v. State of Alaska, Dep't of Revenue (Alaska 2026). “180-44.62.290 to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative regulations.”
Show all 13 citing cases →
— Alaska Stat. § 44.62.210(a) — 5 cases
Totemoff v. State, 905 P.2d 954 (Alaska 1995). “” AS 44.62.210(a). Alaska Statute 44.62.100 provides that upon the filing of a certified copy of a regulation, rebuttable presumptions are created 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;…”
N. Lights Motel, Inc. v. Sweaney, 561 P.2d 1176 (Alaska 1977). “4 One reason for the prohibition against delegation to private groups is that when amendments are adopted by these groups the public does not necessarily receive notice of, or have an opportunity to comment on or criticize the amendments, as it does when they are adopted by the…”
Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971). “AS 44.62.210. 10 . AS 44.62.040. 11 . AS 44.”
Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “Where the Administrative Procedure Act is followed, such a record is likely to exist — especially if the agency position is expressed at the hearing required under AS 44.62.210(a). In this case, we find that the extensive agency record is sufficient for us to determine the basis…”
State v. Morry, 836 P.2d 358 (Alaska 1992). “Where the Administrative Procedure Act is followed, such a record is likely to exist — especially if the agency position is expressed at the hearing required under AS 44.62.210(a). 6 . To be valid a regulation must be consistent with the authorizing statute and reasonably…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.