Alaska Statutes
Alaska Stat. § 44.62.250 (2026)
Emergency regulations
✓ current as of July 2026
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Sec. 44.62.250. Emergency regulations.
(a) Except for a regulation adopted under AS 11.71.125, a regulation or order of repeal may be adopted as an emergency regulation or order of repeal if a state agency makes a written finding, including a statement of the facts that constitute the emergency, that the adoption of the regulation or order of repeal is necessary for the immediate preservation of the public peace, health, safety, or general welfare. The requirements of AS 44.62.040(c), 44.62.060, and 44.62.190 — 44.62.215 do not apply to the initial adoption of emergency regulations; however, upon adoption of an emergency regulation, the adopting agency shall immediately submit a copy of it to the lieutenant governor for filing and for publication in the Alaska Administrative Register, and, within five days after filing by the lieutenant governor, the agency shall give notice of the adoption in accordance with AS 44.62.190(a). Failure to give the required notice by the end of the 10th day automatically repeals the regulation.
(b) A regulation or order of repeal may be adopted as an emergency regulation under AS 11.71.125 if the attorney general makes a written finding that the requirements of AS 11.71.125 are met. The requirements of AS 44.62.190 — 44.62.215 do not apply to the adoption or order of repeal by the attorney general of a regulation to schedule a substance by emergency regulation under AS 11.71.125.
(a) Except for a regulation adopted under AS 11.71.125, a regulation or order of repeal may be adopted as an emergency regulation or order of repeal if a state agency makes a written finding, including a statement of the facts that constitute the emergency, that the adoption of the regulation or order of repeal is necessary for the immediate preservation of the public peace, health, safety, or general welfare. The requirements of AS 44.62.040(c), 44.62.060, and 44.62.190 — 44.62.215 do not apply to the initial adoption of emergency regulations; however, upon adoption of an emergency regulation, the adopting agency shall immediately submit a copy of it to the lieutenant governor for filing and for publication in the Alaska Administrative Register, and, within five days after filing by the lieutenant governor, the agency shall give notice of the adoption in accordance with AS 44.62.190(a). Failure to give the required notice by the end of the 10th day automatically repeals the regulation.
(b) A regulation or order of repeal may be adopted as an emergency regulation under AS 11.71.125 if the attorney general makes a written finding that the requirements of AS 11.71.125 are met. The requirements of AS 44.62.190 — 44.62.215 do not apply to the adoption or order of repeal by the attorney general of a regulation to schedule a substance by emergency regulation under AS 11.71.125.
Notes of Decisions
Cited in 9
cases, 1978–2006 · leading case: State, Alaska Bd. of Fisheries v. Grunert, 139 P.3d 1226 (Alaska 2006).
State, Alaska Bd. of Fisheries v. Grunert, 139 P.3d 1226 (Alaska 2006). “Instead, the board considered whether to find an emergency under AS 44.62.250, which gives agencies authority to promulgate an emergency regulation upon making a written finding that the regulation "is necessary for the immediate preservation of the public peace, health, safety,…”
Shepherd v. State, Dep't of Fish & Game, 897 P.2d 33 (Alaska 1995). “[2] He alleged that the regulations had been "automatically repealed" when the Board failed to publish notice of the regulations within ten days of their adoption as required under AS 44.62.250. Shepherd also alleged that the regulations "and the statutes upon which they are…”
Krohn v. State, Dep't of Fish & Game, 938 P.2d 1019 (Alaska 1997). “The Joint Board also published notice of the adoption of the emergency regulation pursuant to AS 44.62.250. Because the emergency amendment could remain effective for only 120 days absent Joint Board action to make it permanent, the published notice stated the Joint Board’s…”
Bowers Off. Prods., Inc. v. Univ. of Alaska, 755 P.2d 1095 (Alaska 1988). “In addition to any other ground the court may declare the regulation invalid (1) for a substantial failure to comply with AS 44.62.010-44.62.”
State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978). “AS 44.62.250 requires that the agency include a statement of facts demonstrating the emergency and showing “that the adoption of the regulation .”
Matson v. State, Com. Fisheries Entry Comm'n, 785 P.2d 1200 (Alaska 1990). “Because the Board of Fish and Game closed the separate set net fishery in 1972, the Commission promulgated an emergency regulation pursuant to AS 44.62.250 on April 7, 1975, consolidating the two fisheries.”
Johns v. Com. Fisheries Entry Comm'n, 699 P.2d 334 (Alaska 1985). “320, or (2) in the case of an emergency regulation or order of repeal, upon the ground that the facts recited in the statement do not constitute an emergency under AS 44.62.250. 4 . AS 44.62.220 provides: Unless the right to petition for adoption of a regulation is restricted by…”
O'CALLAGHAN v. State, Dir. of Elections, 6 P.3d 728 (Alaska 2000). “090 (extending this authority to primary elections); and AS 44.62.250 (authorizing adoption of emergency regulations).”
State v. Grunert, 139 P.2d 1226 (Alaska 2006). “Instead, the board considered whether to find an emergency under AS 44.62.250, which gives agencies authority to promulgate an emergency regulation upon making a written finding that the regulation "is necessary for the immediate preservation of the public peace, health, safety,…”
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