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Alaska Statutes

Alaska Stat. § 44.62.240 (2026)

Limitation on retroactive action

✓ current as of July 2026
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Sec. 44.62.240. Limitation on retroactive action.
If a regulation adopted by an agency under this chapter is primarily legislative, the regulation has prospective effect only. A regulation adopted under this chapter that is primarily an “interpretative regulation” has retroactive effect only if the agency adopting it has adopted no earlier inconsistent regulation and has followed no earlier course of conduct inconsistent with the regulation. Silence or failure to follow any course of conduct is considered earlier inconsistent conduct.


Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1982–2023 · leading case: Adamson v. Mun. of Anchorage, 333 P.3d 5 (Alaska 2014).
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Adamson v. Mun. of Anchorage, 333 P.3d 5 (Alaska 2014). “We note, however, that AS 44.62.240 provides that "primarily legislative" regulations have prospective application only.”
Atl. Richfield Co. v. State, 705 P.2d 418 (Alaska 1985). · cites it 2× “The retroactivity of the Department’s regulations is governed by the Alaska Administrative Procedure Act, AS 44.62.240. Under this statute, an "interpretative regulation,” such as 15 AAC 21.”
Pfeifer v. State, Dep't of Health & Soc. Servs., Div. of Pub. Assistance, 260 P.3d 1072 (Alaska 2011). · cites it 2× “The hearing officer noted that AS 44.62.240 states that "legislative" regulations (as opposed to "interpretive" ones) have "prospective effect only.”
Keane v. Local Boundary Comm'n, 893 P.2d 1239 (Alaska 1995). “However, AS 44.62.240 provides: If a regulation adopted by an agency under [the Administrative Procedure Act (APA)] is primarily legislative, the regulation has prospective effect only.”
Wien Air Alaska, Inc. v. Dep't of Revenue, 647 P.2d 1087 (Alaska 1982). “Third, Wien argues that since the 1980 decision is really a legislative order of repeal, it cannot be applied retroactively to Wien because AS 44.62.240 provides that only primarily interpretive regulations may be applied retroactively, and then only if there is a consistent…”
State, Dep't of Health & Soc. Servs. v. Valley Hosp. Ass'n, 116 P.3d 580 (Alaska 2005). · cites it 2× “AS 44.62.240 limits such retroactive action when an agency’s regulation is primarily legislative, as opposed to primarily interpretative.”
City of Cordova v. Medicaid Rate Comm'n, 789 P.2d 346 (Alaska 1990). “99) We agree with the superior court that under AS 44.62.240 ("Silence or failure to follow any course of conduct is considered earlier inconsistent conduct”), the recoupment provision of 7 AAC 43.”
Union Oil Co. of Cal. v. State, Dept. of Rev., 677 P.2d 1256 (Alaska 1984). “regulations and statutes made applicable to Alaska, as well as the Alaska Administrative Procedure Act, AS 44.62.240. Union also contends that the doctrines of estoppel and duty of consistency preclude the Department from changing accounting methods.”
Exxon Mobil Corp., a New Jersey Corp., Hillcorp Alaska, LLC, & SAExploration, Inc. v. State of Alaska, Dep't of Revenue, 488 P.3d 951 (Alaska 2021). “45 See AS 44.62.240 (limiting retroactive application of regulations).”
Dept. of Health & Soc. Ser. v. Valley Hosp., 116 P.3d 580 (Alaska 2005). · cites it 2× “AS 44.62.240 limits such retroactive action when an agency's regulation is primarily legislative, as opposed to primarily interpretative.”
Alaskan Crude Corp. v. Alaska Oil & Gas Conservation Comm'n (Alaska 2023). · cites it 2× “950 (“Administrative Procedures Act”); AS 44.62.240 (“If a regulation adopted by an agency under this chapter is primarily legislative, the regulation has prospective effect only.”
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