13 AAC — Public Safety

Partial collection: 31 complete publisher documents are included. The complete publisher inventory has not been verified; missing documents and reasons are recorded in the collection metadata. Dated cached native material: 689 of 690 listed section bodies are included; 1 listed section body is unavailable. Authority/history responses for 15 sections are absent from the preserved capture. The current publisher rendition is not independently verified.

Part 1 Division of Alaska State Troopers

Chapter 02 Motor Vehicle and Driving Offenses: Rules of the Road

Article 1 Traffic-Control Devices

13 AAC 02.005 Obedience to and required traffic-control devices

(a) All pedestrians and drivers of vehicles must obey the instructions of an applicable official traffic-control device placed and displayed in accordance with the provisions of statutes, regulations, or ordinances, unless otherwise directed by a police officer or other authorized person directing traffic, and except as provided in 13 AAC 02.517 and 13 AAC 02.520 for emergency vehicles.

(b) Except as provided in 13 AAC 02.365(g), a provision of this chapter for which official traffic-control devices are required may not be enforced against an alleged violator if, at the time and place of the alleged violation, an official traffic-control device is not operable or is not in a position that is sufficiently visible and legible so as to be observed by a reasonably observant person.

(c) When official traffic-control devices are placed in position and displayed pursuant to the requirements of this chapter, the devices are presumed to have been placed and displayed by an official act or direction of lawful authority, and are presumed to comply with the requirements and provisions of this chapter unless the contrary is established by competent evidence.

(d) Repealed 6/28/79.

History

Authority: AS 28.05.011

13 AAC 02.010 Traffic-control signal legend

(a) When traffic is controlled by an official traffic-control signal displaying colored lights or lighted arrows, only green, red, and yellow may be used, except for a special pedestrian signal carrying a word legend. The lights indicate and apply to drivers of vehicles and pedestrians as follows:

(1) green indication

(A) vehicular traffic facing a circular green signal may proceed through or turn right or left, unless a sign at the location prohibits the turn; vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited;

(B) vehicular traffic facing a green arrow signal may cautiously enter the intersection to make the movement indicated by the arrow, or other movement permitted by other indications shown at the same time; vehicular traffic must yield the right-of-way to pedestrians within an adjacent crosswalk and to other traffic lawfully using the intersection; display of a green arrow signal indicates that the movement indicated by the arrow is not impeded by oncoming traffic;

(C) unless otherwise directed by a pedestrian-control signal, as provided in 13 AAC 02.015, pedestrians facing a green signal, except when the green signal is a turn arrow, may proceed across the roadway within a marked or unmarked crosswalk;

(2) steady yellow indication

(A) vehicular traffic facing a steady yellow signal is warned that the movement allowed under (a)(1) of this section is being terminated and that a red indication will be exhibited immediately following the yellow indication;

(B) pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in 13 AAC 02.015, may not start to cross the roadway, as there is insufficient time to cross before a red indication will be exhibited;

(3) steady red indication

(A) vehicular traffic facing a steady circular red signal may not enter the intersection and must stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, before entering the intersection; vehicular traffic must remain standing until an indication to proceed is shown, except as provided in (a)(3)(B) of this section;

(B) a driver of a vehicle who has stopped as provided in (a)(3)(A) of this section may, after stopping, cautiously proceed to turn right or left from the lawful lane for the turn, except that no person may turn left onto a two-way street when facing a steady red indication; these movements are not allowed if an official traffic-control device prohibits them or directs the driver's attention to a green arrow signal which controls these movements; vehicular traffic making such a turn must yield the right-of-way to another vehicle or to a pedestrian lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited;

(C) vehicular traffic facing a steady red arrow indication may not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another indication, must stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, before entering the intersection, and must remain standing until an indication permitting the movement indicated by the red arrow is shown;

(D) unless otherwise directed by a pedestrian-control signal as provided in 13 AAC 02.015, no pedestrian facing a steady circular red or red arrow signal may enter the roadway.

(b) If an official traffic-control signal is maintained at a place other than an intersection, the provisions of this section are applicable to the signal, except as to those provisions which by their nature have no application. A required stop must be made at a sign or marking on the pavement indicating where the stop must be made or, if none, the stop must be made at the signal.

History

Authority: AS 28.05.011

13 AAC 02.015 Pedestrian-control signals

When a pedestrian-control signal exhibiting the words "walk" or "don't walk" is in place, the signal indicates as follows:

(1) "walk" - a pedestrian facing this signal may proceed across the roadway in the direction of the signal, and every driver must yield the right-of-way to the pedestrian;

(2) "don't walk" - no pedestrian may start to cross the roadway in the direction of this signal; a pedestrian who has partially completed his crossing on the "walk" signal shall proceed to a sidewalk or safety island while the "don't walk" signal is showing.

History

Authority: AS 28.05.011

13 AAC 02.020 Flashing signals

(a) A flashing red or yellow light which appears in a traffic signal or a traffic sign requires obedience by vehicular traffic as follows:

(1) flashing red (stop signal) - when a red lens is lighted with rapid intermittent flashes, drivers of vehicles must stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it; the right to proceed is subject to the rules applicable after making a stop at a stop sign;

(2) circular flashing yellow (caution signal) - when a yellow circular lens is lighted with rapid intermittent flashes, drivers of vehicles may proceed cautiously through the intersection or past the yellow signal; drivers must yield the right-of-way to other vehicles lawfully within the intersection, to other vehicles approaching on another roadway so closely as to constitute an immediate hazard, and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited;

(3) flashing yellow arrow (yield turn signal) - when a yellow arrow lens is lighted with rapid intermittent flashes, drivers of vehicles may proceed cautiously through the intersection to make the movement indicated by the arrow; drivers must yield the right-of-way to other vehicles lawfully within the intersection, to other vehicles approaching on another roadway so closely as to constitute an immediate hazard, and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(b) This section does not apply at railroad grade crossings where the conduct of drivers is prescribed in secs. 240 - 255 of this chapter.

History

Authority: AS 28.05.011

13 AAC 02.025 Lane-use control signals

When lane-use control signals are placed over individual lanes, the signals indicate

(1) green indication - vehicular traffic may travel in any lane over which a green signal is shown;

(2) steady yellow indication - vehicular traffic is warned that a lane-control change is being made and that a steady red indication will be exhibited immediately following the yellow indication;

(3) steady red indication - vehicular traffic may not enter or travel in any lane over which a red signal is shown.

History

Authority: AS 28.05.011

13 AAC 02.030 Display of unauthorized signs, signals, or markings

(a) No person may place, maintain, or display upon or in view of a highway a sign, signal, marking, light, or other device which purports to be or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, conceals or interferes with the effectiveness of an official traffic-control device or a railroad sign or signal, or dazzles, blinds or otherwise interferes with the vision of a driver.

(b) Repealed 6/28/79.

(d) A sign, display, or device placed, maintained, or displayed upon or in view of a highway must conform to the requirements of AS 19.25.080 - 19.25.180.

History

Authority: AS 28.05.011

13 AAC 02.035 Traffic-control device upon city street forming part of state highway

Repealed 6/28/79.

Article 2 Use of Roadway

13 AAC 02.050 Driving on right side of roadway - exceptions and special situations

(a) Upon a roadway of sufficient width, a vehicle must be driven upon the right half of the roadway, except as follows:

(1) when overtaking and passing another vehicle proceeding in the same direction, or when preparing for a left turn at an intersection or into an alley, private road or driveway;

(2) when traveling upon a roadway marked or divided as provided by 13 AAC 02.025, 13 AAC 02.085, or 13 AAC 02.095, or within an urban district upon a roadway restricted to one-way traffic; or

(3) when an obstruction exists making it necessary to drive to the left of the center of the highway; a driver must yield the right-of-way to all vehicles traveling in the opposite direction upon the unobstructed portion of the highway.

(4) repealed 6/28/79;

(5) repealed 6/28/79.

(b) Upon all roadways outside an urban district, a vehicle other than an emergency vehicle proceeding at less than the maximum authorized speed of traffic must be driven in the right-hand lane or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road, or driveway. However, on a two-lane highway outside an urban district where passing is unsafe because of oncoming traffic or other conditions, the driver of a motor vehicle proceeding at less than the maximum authorized speed of traffic and behind whom five or more vehicles are formed in a line shall turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists in order to permit following vehicles to pass.

History

Authority: AS 28.05.011

13 AAC 02.055 Passing on right

(a) Except as provided in (c) of this section, the driver of a vehicle may overtake and pass on the right of another vehicle only under conditions permitting the movement in safety, and

(1) when the vehicle overtaken is making, or is about to make, a left turn from a lane to the left of the overtaking vehicle, or is stopped or disabled; or

(2) when the vehicles are traveling upon an unobstructed roadway of sufficient width for two or more lines of vehicles, moving lawfully in the direction of the overtaking vehicle.

(3) repealed 6/28/79.

(b) No vehicle overtaking another vehicle on the right may return to its original lane until clear of the overtaken vehicle.

History

Authority: AS 28.05.011

13 AAC 02.060 Limitations on driving left of center

(a) A vehicle may not be driven on the left side of a roadway under the following conditions:

(1) when approaching within 500 feet of the crest of a grade or a curve in a highway where the driver's view is obstructed for a distance which creates a hazard if another vehicle is approaching from the opposite direction;

(2) when approaching within 100 feet of or traversing an intersection or railroad grade crossing unless otherwise indicated by an official traffic control device; or

(3) when the view is obstructed upon approaching within 300 feet of a bridge, viaduct, or tunnel;

(4) repealed 6/28/79.

(b) The provisions in (a) of this section do not apply to a vehicle on a one-way roadway, or under the conditions described in 13 AAC 02.050(a)(3), or to the driver of a vehicle turning left from an alley, private road, or driveway.

History

Authority: AS 28.05.011

13 AAC 02.065 Overtaking a vehicle on the left - limitations

(a) Except as provided in sec. 55 of this chapter, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the overtaken vehicle at a safe distance, and may not return to its right lane until safely clear of the overtaken vehicle. Upon audible signal, the driver of the overtaken vehicle shall give way to the right in favor of the overtaking vehicle. If the driver of the overtaking vehicle must perform the passing maneuver in a lane reserved for oncoming traffic, the driver of the overtaken vehicle may not increase the speed of his vehicle until the overtaking vehicle has passed and driven back to the right side of the roadway.

(b) No vehicle may be driven to the left side of the center of a roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by this chapter and unless the left side of the roadway is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the flow of traffic approaching from the opposite direction or with a vehicle overtaken. The overtaking vehicle shall return to an authorized lane of travel as soon as practicable and, if the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of an approaching vehicle.

History

Authority: AS 28.05.011

13 AAC 02.070 Passing vehicles proceeding in opposite directions

Drivers of vehicles proceeding in opposite directions shall pass each other to the right; and upon a roadway having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the roadway as nearly as possible.

History

Authority: AS 28.05.011

13 AAC 02.075 No-passing zones

(a) Repealed 6/28/79.

(b) Where an official traffic-control device is in place to define a no-passing zone, no driver may drive on the left side of the roadway within the no-passing zone or on the left side of the solid yellow striping designed to mark the no-passing zone.

(c) This section does not apply to a roadway restricted to one-way traffic or to a driver of a vehicle turning left into or from an alley, private road or driveway, unless an official traffic-control device specifically prohibits the turn.

History

Authority: AS 28.05.011

13 AAC 02.080 One-way roadways and rotary traffic islands

(a) When the Department of Transportation and Public Facilities or a municipality, with respect to highways under their jurisdictions, designates a highway, roadway, part of a roadway, or specific lanes for one-way traffic, it must erect traffic-control devices giving notice of the one-way traffic lane or lanes.

(b) Upon a roadway designated for one-way traffic, a vehicle must be driven only in the direction designated by the traffic-control device.

History

Authority: AS 28.05.011

13 AAC 02.085 Driving on roadways laned for traffic

(a) A vehicle must be driven as nearly as practicable within a single lane, and may not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

(b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, no vehicle may be driven in the center lane, except when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic for a safe distance, in preparation for making or completing a left turn, or where the center lane is at the time allocated exclusively to traffic moving in the direction that the vehicle is proceeding.

History

Authority: AS 28.05.011

13 AAC 02.090 Following too closely

(a) A driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent and at least two seconds behind the vehicle being followed, having regard for the traffic upon the roadway and the condition of the roadway.

(b) A driver of a motor vehicle towing another vehicle, when traveling upon a roadway outside a business or residence district, and which is following another motor vehicle which is also towing another vehicle shall, when conditions permit, leave sufficient space between his vehicle and the vehicle being towed in front of him so that an overtaking vehicle may enter and occupy the space without danger. This does not prevent a motor vehicle towing another vehicle from overtaking and passing a like vehicle or other vehicle.

(c) A motor vehicle being driven upon a roadway outside a business or residence district in a caravan or motorcade, whether or not towing another, must be operated so as to allow sufficient space between each vehicle or combination of vehicles to enable another vehicle to enter and occupy the space without danger. This provision does not apply to a funeral procession.

History

Authority: AS 28.05.011

13 AAC 02.095 Use of divided and controlled-access highways - restrictions

(a) When a highway has been divided into two or more roadways by an intervening space, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, every vehicle must be driven on the right-hand roadway unless directed or permitted to use another roadway by an official traffic-control device, police officer, fireman or authorized flagman. No vehicle may be driven over, across, or within the dividing space, barrier, or section, except through an opening or at an established crossover or intersection, unless specifically directed to do so by state or local authority.

(b) When the Department of Transportation and Public Facilities or a municipality, with respect to a controlled-access highway under its jurisdiction, prohibits or limits the use of the highway to certain types of vehicles or traffic, it must erect and maintain signs on the highway notifying drivers of the limitations.

(c) A person may drive a vehicle onto or from a controlled-access roadway only at entrances and exits established by public authority.

History

Authority: AS 28.05.011

13 AAC 02.100 Restricted access

Repealed 6/28/79.

13 AAC 02.105 Restriction on use of controlled-access highways

Repealed 6/28/79.

13 AAC 02.107 Driving on mountain highways

A driver of a motor vehicle traveling on mountain roadways or through canyons or other terrain in which the roadway is narrow and winding, or visibility is restricted, shall drive his vehicle as near the right-hand edge of the roadway as is reasonably practicable. The driver may give audible warning with the horn when approaching the crest of a grade or curve where the view is obstructed for a distance of 200 feet along the roadway as measured from the front of his vehicle, if the driver believes that audible warning is reasonably necessary to assure safe operation.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

Article 3 Right-Of-Way

13 AAC 02.120 Vehicle approaching or entering intersection or roundabout

(a) When two vehicles enter or approach an intersection which is not controlled by an official traffic-control device, from different roadways at or approximately at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right except as otherwise provided in this section.

(b) A driver having stopped and yielded may proceed when a safe interval occurs and when other traffic in or near the intersection does not constitute an immediate hazard and while exercising caution, irrespective of the "vehicle on the right" rule stated in (a) of this section. When so proceeding, other vehicles approaching or at the intersection must yield.

(c) The right-of-way rules in (a) and (b) of this section do not apply if the approach or entrance of a vehicle into an intersection is otherwise covered by traffic regulations.

(d) A driver entering a roundabout must yield to a vehicle on the circulating roadway in the roundabout.

(e) A vehicle in front of another vehicle in a roundabout has the right-of-way over following vehicles.

(f) A driver may not change lanes in the roundabout or exit the roundabout until the movement can be made safely.

(g) In this section, "in front of another vehicle in a roundabout" means the front bumper of a vehicle is ahead of the front bumper of another vehicle.

History

Authority: AS 28.05.011

13 AAC 02.125 Vehicle turning left

The driver of a vehicle intending to turn left at an intersection or into an alley, private road or driveway shall yield the right-of-way to a vehicle approaching from the opposite direction which is within the intersection or is so close as to constitute an immediate hazard.

History

Authority: AS 28.05.011

13 AAC 02.130 Stop signs and yield signs

(a) Repealed 6/28/79.

(b) Except when directed to proceed by a police officer, fireman, or authorized flagman, a driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, a driver shall yield the right-of-way to a vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard.

(c) The driver of a vehicle approaching a yield sign shall slow to a speed reasonable for the existing conditions and, if required for safety, stop as required in (b) of this section. After slowing or stopping, the driver shall yield the right-of-way as provided in (b) of this section.

History

Authority: AS 28.05.011

13 AAC 02.135 Vehicle entering roadway

(a) Repealed 6/28/79.

(b) The driver of a vehicle about to enter or cross a roadway from a place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway so closely as to constitute an immediate hazard.

History

Authority: AS 28.05.011

13 AAC 02.140 Driving a vehicle on approach of authorized emergency vehicles

(a) Upon the approach of an authorized emergency vehicle making use of a visual signal meeting the requirements of 13 AAC 04.090 and audible signals meeting the requirements of 13 AAC 04.210(d), or a police vehicle making use of either a visual or an audible signal, the driver of every vehicle proceeding in any direction shall yield the right-of-way by slowing and pulling to the right hand edge of the roadway, clear of an intersection and stopping, to await passage of the emergency vehicle.

(b) Except for a driver of an authorized emergency vehicle responding to an emergency, a driver of a vehicle shall yield the right-of-way as provided in (a) of this section to a vehicle displaying a flashing blue light as prescribed in 13 AAC 04.100. The vehicle displaying a flashing blue light shall yield the right-of-way to an authorized emergency vehicle which is responding to an emergency.

(c) The provisions of this section do not relieve the driver of an authorized emergency vehicle or a vehicle displaying a flashing blue light from the duty to drive with regard for the safety of all persons using the highways.

History

Authority: AS 28.05.011

Article 4 Pedestrian Rights and Duties

13 AAC 02.150 Pedestrian obedience to traffic-control devices and traffic regulations

(a) Pedestrians must comply with traffic and pedestrian-control signals as provided in secs. 10 and 15 of this chapter and are subject to the applicable restrictions in this chapter.

(b) No pedestrian may enter or remain upon a bridge or its approach beyond the bridge signal, gate, or barrier after a bridge-operations signal indication has been given; nor may a pedestrian pass through, around, over, or under a crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.

(c) A pedestrian may not enter or remain on the rotary traffic island of a roundabout or the roadway circulating around it.

History

Authority: AS 28.05.011

13 AAC 02.155 Pedestrian right-of-way in safety zones

(a) Except as provided in sec. 195 of this chapter, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian who is on a sidewalk, vehicular way or area, or who is crossing a roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(b) No pedestrian may leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

(c) When a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, no driver of another vehicle approaching from the rear may overtake and pass the stopped vehicle.

(d) Pedestrians shall move, whenever practicable, upon the right half of the crosswalk.

(e) No vehicle may be driven through or within a safety zone.

History

Authority: AS 28.05.011

13 AAC 02.160 Crossing at other than crosswalks

(a) A pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway, except as provided in AS 28.35.145.

(b) No pedestrian may cross a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided and which is accessible at road level at or near the point of crossing, unless a marked crosswalk is also provided at that point. If a pedestrian overpass or tunnel is not accessible and if no marked crosswalk is provided, a pedestrian crossing the roadway must yield the right-of-way to all vehicles on the roadway which are so close as to constitute a hazard.

(c) Between adjacent intersections in a business or residence district in which traffic-control signals are in operation, no pedestrian may cross except in a marked crosswalk.

(d) No pedestrian may cross a roadway intersection diagonally or otherwise than at a right angle unless authorized by an official traffic-control device. When authorized to cross diagonally, pedestrians must cross in accordance with the official traffic-control device.

(e) No pedestrian may cross a roadway where an official traffic-control device specifically prohibits the crossing.

(f) Except as provided in (d) of this section, a pedestrian must cross a roadway at a right angle to the roadway or by the shortest route to the opposite side of the roadway.

History

Authority: AS 28.05.011

13 AAC 02.165 Driver to exercise due care

Repealed 6/28/79.

13 AAC 02.170 Pedestrian to use crosswalk

Repealed 6/28/79.

13 AAC 02.175 Pedestrians on highways

(a) Where a sidewalk is provided and its use is practicable, a pedestrian may not walk upon an adjacent roadway except when crossing the roadway.

(b) Where a sidewalk is not available, a pedestrian walking upon a highway shall walk on a shoulder as far as practicable from the edge of the roadway. Where neither a sidewalk nor a shoulder is available, a pedestrian walking on a highway shall walk as near as practicable to the outside edge of the highway and, if walking along a two-way roadway, shall walk only on the left side of the roadway. No pedestrian may walk on a controlled-access highway except in an emergency.

(d) No pedestrian may be upon or along a roadway in such a manner as to create an unreasonable risk of danger to himself or interfere with the normal flow of traffic.

(e) No pedestrian may sleep or loiter upon a highway or, without lawful permit, obstruct free passage upon a highway.

History

Authority: AS 28.05.011

13 AAC 02.180 Pedestrians soliciting rides or business

No person may solicit a ride in a manner which distracts a driver's attention, nor may a pedestrian upon a highway solicit employment, business, or contributions from the occupant of a vehicle.

History

Authority: AS 28.05.011

13 AAC 02.185 Driving through safety zone prohibited

Repealed 6/28/79.

13 AAC 02.190 Blind pedestrian devices and right-of-way

(a) Every driver of a vehicle shall yield the right-of-way to a blind pedestrian carrying a visible white cane or accompanied by a guide dog.

(b) A person who is not legally blind may not use a white cane or a guide dog for the purpose of securing the right-of-way provided by this section.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70

13 AAC 02.195 Pedestrians yield to authorized emergency vehicles

(a) A pedestrian shall yield the right-of-way upon the approach of an authorized emergency vehicle making use of an audible signal as provided in 13 AAC 04.210(d), or a visual signal as provided in 13 AAC 04.090 or upon the approach of a vehicle making use of a flashing blue light as provided in 13 AAC 04.100.

(b) This section does not relieve the driver of an authorized emergency vehicle or a vehicle displaying a flashing blue light from the duty to exercise care to avoid colliding with a pedestrian.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

Article 5 Turning, Starting, and Signals on Turning — Starting and Stopping

13 AAC 02.200 Required position and method of turning

(a) Right Turns. Except as provided in (c) of this section, both the approach for a right turn, and a right turn, must be made as close as practicable to the right-hand curb or edge of the roadway.

(b) Left Turns.

(1) The driver of a vehicle intending to turn left shall approach and make the turn from the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Unless conditions prevail which necessitate other action to assure safety, a vehicle turning to the left must proceed into the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered.

(2) Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic-control devices a

(A) left turn may not be made from any other lane;

(B) vehicle may not be driven in the lane except when preparing for or making a left turn from or into a roadway or when preparing for or making a U-turn when permitted by law.

(c) When the Department of Transportation and Public Facilities or a municipality, in their respective jurisdictions, places an official traffic-control device within or adjacent to an intersection which requires that a different course from that specified in this section be traveled by a vehicle turning at an intersection, no driver may turn a vehicle at an intersection other than as directed by the device.

History

Authority: AS 28.05.011

13 AAC 02.205 Limitations on turning

(a) The driver of a vehicle may not turn a vehicle so as to proceed in the opposite direction unless the turn can be made safely and without interfering with other traffic.

(b) No vehicle may be turned so as to proceed in the opposite direction in a business district, upon a curve, or upon approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 500 feet.

History

Authority: AS 28.05.011

13 AAC 02.210 Starting parked vehicle

(a) No person may move onto a roadway a vehicle which is stopped, standing, or parked until the movement can be made with reasonable safety.

(b) Repealed 6/28/79.

History

Authority: AS 28.05.011

13 AAC 02.215 Turning movements and required signals

(a) No person may turn a vehicle or move right or left upon, onto, or off a roadway without giving an appropriate signal in the manner provided in this section and it otherwise appears reasonably safe to make the movement.

(b) A signal of intention to turn or move right or left when required must be given continuously during the last 100 feet traveled by the vehicle before turning, except as provided in 13 AAC 02.400(f), and must be discontinued as soon as practicable after completing the turn.

(c) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this section to the driver of a vehicle immediately to the rear when there is opportunity to give the signal.

(d) The signals required under (f) of this section may be used only to indicate an intention to turn, change lanes, or start from a parked position, and may not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to drivers of other vehicles approaching from the rear, or be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.

(e) Repealed 6/28/79.

(f) A stop or turn signal when required shall be given either by means of the hand and arm or by signal lights, except that a driver of a motor vehicle equipped with signal lights as required in 13 AAC 04.037 shall give the required signals by signal lights. All required signals given by hand and arm must be given from the left side of the vehicle and must indicate as follows:

(1) left turn - left hand and arm extended horizontally;

(2) right turn - left hand and arm extended upward; and

(3) stop or decreased speed - left hand and arm extended downward.

History

Authority: AS 28.05.011

13 AAC 02.220 Signal by hand and arm or signal lamps

Repealed 6/28/79.

13 AAC 02.225 Method of giving signal

Repealed 6/28/79.

Article 6 Special Stops Required

13 AAC 02.240 Obedience to signal indicating approach of train

(a) When a person driving a vehicle approaches a railroad grade crossing under circumstances described in this section, the driver of the vehicle shall stop within 50 feet, but not less than 15 feet, from the nearest rail of the railroad, and may not proceed until he can do so safely. This stop is required when

(1) a clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(2) a crossing gate is lowered or is being lowered, or when a flagman gives either a signal to stop or a signal of the approach or passage of a railroad train;

(3) a railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from that distance and the railroad train, by reason of its speed or nearness to the crossing, is an immediate hazard to crossing traffic; or

(4) an approaching railroad train is visible and is in hazardous proximity to a crossing.

(b) No person may drive a vehicle through, around or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

History

Authority: AS 28.05.011

13 AAC 02.245 Vehicle must stop at certain railroad grade crossings

Repealed 6/28/79.

13 AAC 02.250 Mandatory vehicle stops at railroad crossings

(a) Except for the driver of any motor vehicle, other than a passenger car, a taxi cab, and a limousine, a vehicle carrying passengers for hire, a school bus, or a vehicle carrying an explosive substance or a flammable liquid as a cargo or a part of a cargo or a residue of a cargo must stop the vehicle within the distance required in 13 AAC 02.240(a) before crossing a railroad grade. While stopped, the driver must listen and look in both directions along the track for an approaching train and for a signal indicating the approach of a train, and may not proceed until the driver can do so safely. The driver of a school bus approaching a railroad grade crossing shall activate the vehicle's amber lights for a distance not less than 300 feet before stopping at a railroad grade crossing. After stopping, the amber lights must be deactivated. Upon proceeding when safe, the driver of a vehicle must cross only in that gear of the vehicle that will not require changing gears while traversing the crossing, and the driver may not shift gears while crossing.

(b) This section does not apply at

(1) a railroad grade crossing at which traffic is directed to proceed by a police officer, an authorized flagman, or an official traffic-control device.

(2) repealed 4/20/82.

History

Authority: AS 28.05.011

13 AAC 02.255 Moving heavy equipment at railroad grade crossings

(a) No person may drive or move a crawler-type tractor, steam shovel, derrick, roller, or equipment or device having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches measured from the surface of a roadway, across a railroad grade crossing without first complying with this section.

(b) Notice of an intended crossing must be given to a station agent of the railroad, and reasonable time must be given to the railroad to provide proper protection at the crossing.

(c) Before making a crossing, the person operating or moving a vehicle or equipment must stop the vehicle or equipment and proceed as required in 13 AAC 02.240 and 13 AAC 02.250(a). No crossing may be made when warning is given of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing must be under his direction.

History

Authority: AS 28.05.011

13 AAC 02.257 Emerging from alley, driveway, or building

The driver of a vehicle emerging from an alley, building, private road, or driveway shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road, or driveway. If there is no sidewalk area, the driver shall stop at a point nearest the street to be entered where he has a view of approaching traffic on the street. If the driver's vision is restricted by buildings, parked vehicles, weather, or other conditions, he shall give warning with the horn of the vehicle after stopping and before proceeding.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.260 Overtaking and passing school bus

Repealed 10/2/92.

13 AAC 02.265 Stop when traffic may be obstructed

No driver may enter an intersection or crosswalk, or drive onto a railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle he is driving without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding a traffic-control signal indication to proceed.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

Article 7 Speed Restrictions

13 AAC 02.275 Basic rule and maximum limits

(a) No person may drive a vehicle at a speed greater than is reasonable and prudent considering the traffic, roadway, and weather conditions.

(b) Except when a special hazard exists that requires a lower speed for compliance with (a) of this section, the limits specified in this subsection are the maximum lawful speeds throughout the state, and no person may drive a vehicle at a speed in excess of these maximum limits, unless otherwise posted:

(1) 15 miles per hour in an alley;

(2) 20 miles per hour in a business district;

(3) 25 miles per hour in a residential district; or

(4) 55 miles per hour on any other roadway.

(d) Repealed 6/28/79.

(e) The maximum speed limits set forth in (b) of this section may be altered as authorized in 13 AAC 02.280.

History

Authority: AS 28.05.011

13 AAC 02.280 Alteration of limits by state and municipalities

(a) When the Department of Transportation and Public Facilities with the assistance of the department, or a municipality, in their respective jurisdictions and consistent with AS 28.01.010, determines upon the basis of an engineering and traffic investigation that a maximum speed prescribed in 13 AAC 02.275 is greater or lesser than is reasonable or safe under the conditions found to exist at an intersection, or an arterial street, or at any other place or part of the state or municipal highway system, the respective authority may determine a reasonable and safe maximum limit at the location. The maximum speed limit is effective when signs giving notice of the maximum limit are erected.

(b) Alteration of a speed limit under (a) of this section may

(1) decrease the limit at an intersection or other place where a full stop is necessary;

(2) increase the limit outside of an urban district;

(3) increase the limit inside an urban district on controlled access highways;

(4) decrease the limit within an urban district to less than 20 miles per hour, except as otherwise provided under AS 28.01.010(b); or

(5) decrease the limit outside an urban district.

(c) A maximum speed limit may be effective at all times or at times indicated by the signs required by (a) of this section. Limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds. The limits are effective when posted upon fixed or variable signs.

(d) The Department of Transportation and Public Facilities or a municipality, in their respective jurisdictions, may regulate the timing of traffic signals to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections when they erect signs giving notice of the variance.

History

Authority: AS 28.05.011

13 AAC 02.285 When local authority may alter maximum limit

Repealed 6/28/79.

13 AAC 02.290 Speed limit conflicts

Repealed 6/28/79.

13 AAC 02.295 Minimum speed regulation

(a) No person may drive a motor vehicle so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with statutes, regulations, or ordinances.

(b) When the Department of Transportation and Public Facilities, or a municipality, in their respective jurisdictions, determines under sec. 280 of this chapter that slow speeds on a highway or part of a highway unreasonably impede the normal movement of traffic, the respective authority may determine a minimum speed limit not in excess of 55 miles per hour for that highway or part of a highway below which no person may drive a vehicle, except when necessary as prescribed in (a) of this section. The limit is effective when posted on fixed or variable signs.

History

Authority: AS 28.05.011

(b) No person may drive a vehicle which is towing a mobile home at a speed greater than 45 miles per hour.

(c) No person may drive a vehicle equipped with lighted headlights described in 13 AAC 04.020(g) at a speed greater than is reasonable and prudent under the conditions specified in 13 AAC 04.010.

(d) No person may drive a vehicle at a speed in excess of 20 miles per hour when passing a marked public school or playground crosswalk that is posted with an official school, school crossing or speed-control sign. The speed zone at the crosswalk extends 300 feet in either direction from the marked crosswalk.

(e) No person may drive a vehicle passing a school bus displaying alternately flashing yellow lights as provided in 13 AAC 04.097(b) at a speed greater than 20 miles per hour.

(f) No person may drive a vehicle or a combination of vehicles over a bridge or other elevated structure or through a tunnel or underpass constituting a part of a highway, ferry facility or city street at a rate of speed or with a gross weight or of a size which is greater than the maximum speed or maximum weight or size designated by an official traffic-control device.

(g) No person may drive an all-purpose vehicle on any public roadway where the designated maximum speed is greater than 45 miles per hour.

History

Authority: AS 28.05.011

13 AAC 02.330 Racing on highways

(a) No person may participate in a race between motor vehicles upon a public highway, except as provided in AS 05.90.001.

(b) As used in this section, "race" means the use of one or more vehicles in attempting to outgain or outdistance another vehicle or while comparing or contesting relative speeds or powers of acceleration of the vehicles over a specified or unspecified distance or route, whether or not the speed exceeds the maximum prescribed by law.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70; am 10/2/92, Register 123

Article 8 Stopping, Standing, and Parking

13 AAC 02.340 Stopping, standing, or parking on highway and in other locations

(a) No person may stop, park, or leave standing a vehicle, whether attended or unattended, upon or within eight feet of a roadway, except where the roadway is of sufficient width and design to allow parking without interfering with the normal flow of traffic or with snow removal or other highway maintenance, and where the parking, stopping, or standing is not prohibited by an official traffic-control device, unless directed to do so by a flag person or police officer. If an emergency requires a vehicle to be parked or stopped on a controlled or divided highway, that vehicle must have activated four-way emergency flashers, three operating highway flares, or three reflective triangles in place.

(b) This section and sec. 365 of this chapter do not apply to the driver of a vehicle performing an official duty which requires stopping, standing or parking upon or within eight feet of a roadway or to the driver of a vehicle which is disabled in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the vehicle upon or within eight feet of a roadway. The driver of a disabled vehicle shall comply with the requirements of sec. 345 of this chapter.

(c) A vehicle that is stopped, parked, or standing in violation of a statute, regulation, or ordinance, is considered to have been stopped, parked or left standing by the registered owner of the vehicle unless the registered owner is able to prove that at the time of the violation the vehicle was driven or parked without his consent.

(d) Except when necessary to avoid conflict with other traffic, or to comply with statutes, regulations or ordinances, the directions of a police officer, fireman, authorized flagman, or official traffic-control device, no person may

(1) stop, stand or park a vehicle

(A) on the roadway side of a vehicle stopped or parked at the edge or curb of a street;

(B) on a sidewalk;

(D) within a crosswalk;

(E) between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

(F) alongside or opposite a street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

(G) upon a bridge or other elevated structure upon a highway or within a highway tunnel;

(H) on a railroad track;

(I) on a controlled-access highway;

(J) in the area between roadways of a divided highway, including crossovers;

(K) at a place where official traffic-control devices prohibit stopping, standing, or parking; or

(L) in a designated zone for persons with disabilities unless the vehicle is displaying current license plates or permit in accordance with AS 28.10.181(d) or 28.10.495(a) and the following conditions are immediately present:

(i) a person with a disability of 70 percent or more is on board the vehicle; and

(ii) that person with a disability exits the vehicle upon stopping or parking in the designated handicapped zone;

(2) stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers

(A) in front of a public or private driveway;

(B) on private property without the consent of the owner or person in control of the property;

(C) in an alley in a business district where no parking spaces are provided, except for the expeditious loading or unloading of freight, materials or passengers, or in a manner or under conditions which leaves less than 10 feet of the width of the alley for the movement of vehicular traffic, or in a position which blocks the driveway entrance to abutting property;

(D) within 15 feet of a fire hydrant;

(E) within 20 feet of a crosswalk at an intersection;

(F) within 30 feet on the approach side of a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;

(G) within 20 feet of the driveway entrance to a fire station or within the area directly across the street from the entrance to a fire station, if the distance from the driveway entrance of the station to the opposite side of the street or roadway or opposite curb is less than 75 feet; or

(H) at a place where an official traffic-control device prohibits standing;

(3) park a vehicle

(A) within 50 feet of the nearest rail of a railroad crossing; or

(B) at a place where official traffic-control devices prohibit parking.

History

Authority: AS 28.05.011

13 AAC 02.345 Officers authorized to remove vehicles

(a) If a vehicle is in violation of the provisions of secs. 340 - 372 of this chapter, or is left on a roadway or under circumstances which obstruct the normal movement of traffic, a police officer may move the vehicle, or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway or to a safe place on the roadway.

(b) A police officer may impound and remove to a place of safety a vehicle which

(1) is found in the state and which has been previously reported stolen or taken without the owner's consent;

(2) is found or operated on a highway or ferry facility without license plates or other evidence of registration or which evidence is false with respect to that vehicle;

(3) is found or presumed to be abandoned as provided in AS 28.11.020, except that a vehicle is not considered abandoned if left standing or parked in excess of the time specified in AS 28.11.020 when the owner or driver of the vehicle has given notice to a municipal police department, if the vehicle is located within a municipality, or to the nearest office of the Alaska State Troopers, specifying the circumstances which require standing or parking in excess of the time specified in AS 28.11.020, and the provisions the owner or driver is making to remove the vehicle; or

(4) is found to be in violation of 13 AAC 02.340(d)(1)(K) upon a state controlled or designated parking area.

(c) When a police officer arrests and detains the driver of a motor vehicle the officer shall impound and remove the vehicle to a place of safety; however, the officer shall inform the driver that he may elect to have another immediately available person, who is legally licensed to drive a motor vehicle, drive or otherwise remove the vehicle as the driver directs. The driver may designate the nearest available garage or tow car operator of his choosing to remove the vehicle. If the driver does not so indicate, the officer shall make the arrangements necessary to remove the vehicle.

(d) When a vehicle is impounded and removed from a highway or elsewhere at the discretion of a police officer, the vehicle shall be removed to a place of safety. The owner or driver may claim the vehicle by securing a written release for it from the police officer or agency ordering its removal. A vehicle legally removed or impounded may not be released to the owner, nor may the owner secure its use until the release for it is certified by the officer or agency directing its removal. The expense for the removal and storage must be paid by the owner or driver of the vehicle.

History

Authority: AS 28.05.011

13 AAC 02.350 Custody of vehicle when operator is arrested

Repealed 6/28/79.

13 AAC 02.355 Other removal of vehicles

Repealed 6/28/79.

13 AAC 02.360 Stopped, standing or parking in specified place

Repealed 6/28/79.

13 AAC 02.365 Additional parking regulations

(a) Except when otherwise provided by municipal ordinance, every vehicle stopped or parked upon a roadway must be stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement, with its wheels on the side of the vehicle facing the nearest curb or edge of the roadway within 12 inches of that curb or edge of roadway.

(b) Repealed 6/28/79.

(d) No person may obstruct or block traffic on a roadway, except as specifically allowed by statutes, regulations or ordinances.

(e) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon the roadway, no person may stand or park a vehicle upon the left-hand side of the one-way roadway unless posted signs permit standing or parking in that location.

(f) No person may park a vehicle upon a street, roadway, alley, or vehicular way or area, for the purpose of

(1) washing of the vehicle if the person parking the vehicle is a dealer, or agent or employee of a garage, filling station, or car wash;

(2) repairing, or performing maintenance work on the vehicle, except repairs or maintenance necessitated by an emergency;

(3) displaying the vehicle for sale or hire in the regular course of the person's business as a dealer for sale or hire of vehicles, except that a motor bus, sightseeing vehicle, airline service vehicle, or taxicab may park in accordance with the provisions of sec. 372 of this chapter;

(4) storing or parking, without being attended by a driver, a vehicle to be used for hire to another person; or

(5) commercial advertising.

(g) A person may not park a vehicle on a street or highway, or a vehicular way or area for a period of time longer than 24 hours if prohibited by an official traffic-control device, including one or more official traffic-controlled devices placed by a municipality within the municipal boundary along a highway entrance to the municipality.

History

Authority: AS 28.05.011

13 AAC 02.367 Loading zones

(a) The Department of Transportation and Public Facilities, or a municipality, in their respective jurisdictions, may place and maintain signs, designating loading zones, under the provisions of this section.

(b) No person may designate or erect a sign indicating a loading zone, passenger loading zone or a no-parking area unless he makes application to the proper authority for a special permit for the zone. A copy of the permit may be required to be displayed in the windshield or window of the vehicle lawfully using the zone during times of loading. If appropriate, the applicant shall also apply for a parking meter hood or for two signs indicating the area of the zone and stating the hours during which the provisions of this section are applicable. The authority issuing the permit may collect from the applicant a reasonable fee for the signs and may impose conditions on the use of the signs. Every permit shall expire at the end of one year.

(c) It is unlawful for a person issued a permit under (a) of this section or any other person to violate the terms or conditions of the permit.

(d) No person may stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading and unloading of passengers or property in a place marked as a loading or passenger loading zone during the hours when the provisions applicable to the zone are in effect. A stop for loading or unloading of passengers may not exceed three minutes; and a stop for loading or unloading of property may not exceed 30 minutes. A stop may not interfere with a vehicle waiting to enter or about to enter the zone for loading or unloading of passengers or property as specified in a permit issued under this section.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.370 Abandoned vehicle

Repealed 6/28/79.

13 AAC 02.372 Public carrier stops

(a) The Department of Transportation and Public Facilities or a municipality, in their respective jurisdictions, may establish bus stops or stands, taxicab stands and stands for other passenger common-carrier motor vehicles on the public streets in places which are convenient to the public. Every stand shall be designated by appropriate signs.

(b) The driver of a bus stopped to load or unload passengers or baggage shall stop the bus in a position with the right front wheel of the vehicle not farther than 18 inches from the edge of the roadway and the bus approximately parallel to the edge of the roadway.

(c) The driver of a taxicab may not stand or park his vehicle on a street at a place other than in a designated taxicab stand, except the driver of a taxicab may stop temporarily in accordance with other stopping or parking regulations at a place for the purpose of expeditious loading or unloading of passengers.

(d) A person who is not driving a bus or taxicab may not stop or stand in a designated bus stop or taxicab stand, except that the driver of a passenger vehicle may temporarily stop there while engaged in loading or unloading passengers, if the stop does not interfere with a bus or taxicab waiting to enter or about to enter the zone.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.375 Inventory of impounded vehicle

Repealed 6/28/79.

13 AAC 02.377 Parking meter zones

(a) The Department of Transportation and Public Facilities or a municipality, in their respective jurisdictions, may establish and regulate parking meter zones on the streets or vehicular areas where it is determined on the basis of an engineering and traffic investigation that the installation of parking meters is necessary to regulate parking. Parking meters may be operated during the hours specified on any day except Sundays and legal holidays.

(b) Parking meters may be erected in parking meter zones immediately adjacent to each designated parking space. The meters must be capable of being operated, either automatically or mechanically, upon the deposit of a United States coin or other approved token. Each parking meter must be designed so that upon the expiration of the time period registered by the deposit of the coin or token, it will indicate that the parking meter period has expired, and prior to the expiration will indicate the interval of time which remains. Each parking meter must indicate the days and hours when the requirement to deposit coins applies, the value of the coins to be deposited, and the period of time for which parking is lawfully permitted in the parking meter zone in which the meter is located.

(c) No person may park a vehicle in a designated parking meter space during the restricted or regulated time of the parking meter so that the vehicle occupies more than one designated space or protrudes beyond the markings designating the space, except that a vehicle which is too large to be parked within a single designated parking meter zone may occupy two adjoining parking meter spaces when coins or tokens are deposited in the parking meter for each space occupied.

(d) No person may park a vehicle in a parking space adjacent to a parking meter during the restricted and regulated time applicable to the parking meter unless coins or tokens as provided in (b) of this section are deposited, or have been previously deposited. A person may not permit a vehicle in his control to be parked in a parking meter space during the restricted and regulated time applicable to the parking meter while the parking meter for the space indicates by signal that the parking time in the space has expired. A person may not park a vehicle in a parking meter space for a consecutive period of time longer than that limited period of time for which parking is permitted in the parking meter zone in which the meter is located, irrespective of the number of amounts of coins or tokens deposited in the meter.

(e) No person may deposit or attempt to deposit in a parking meter a slug, button or other device as a substitute for a coin or token required in (b) of this section.

(f) No person may deface, injure, tamper with, open, break, destroy or impair the usefulness of a parking meter.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

Article 9 Special Rules for Bicycles, Nonmotorized Conveyances, Motorcycles, and Motor-Driven Cycles

13 AAC 02.380 Parental responsibility

Repealed 6/28/79.

13 AAC 02.385 Applicability of regulations to bicycles

(a) Every person operating a bicycle upon a roadway has all the rights and is subject to all of the duties applicable to the driver of any other vehicle as set out in this chapter, in addition to special regulations in secs. 385 - 420 of this chapter, except as to those provisions of this chapter which by their nature have no application.

(b) No person may violate the provisions of secs. 385 - 420 of this chapter. The parent or guardian of a child may not authorize or knowingly permit a child to violate a provision of this chapter.

(c) When signs are erected indicating that no right, left or U-turn is permitted, no person operating a bicycle may disobey the direction of the sign unless first pulling to the extreme right or shoulder of the road, dismounting and making the turn as a pedestrian.

History

Authority: AS 28.05.011

13 AAC 02.390 Traffic laws and regulations apply to person riding bicycle

Repealed 6/28/79.

13 AAC 02.395 Riding on bicycles and certain nonmotorized conveyances

(a) Repealed 6/28/79.

(b) No person operating a bicycle upon a highway may carry a person other than the operator, unless the bicycle is equipped with a seat for the passenger, except that an adult rider may carry a child securely attached to his person in a backpack or sling.

(c) No person operating a bicycle or other nonmotorized conveyance may attach, hold on by hand or otherwise secure the bicycle or conveyance or himself to another vehicle so as to be towed or pulled.

(d) A person operating a bicycle upon a highway shall maintain control of the bicycle and shall at all times keep at least one hand upon the handlebars of the bicycle.

(e) No person may operate a unicycle, coaster, roller skates, or a similar device on a roadway.

(f) This section does not apply upon a roadway closed to motorized vehicle traffic.

History

Authority: AS 28.05.011

13 AAC 02.400 Riding bicycles on roadways and bicycle paths

(a) A person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, and shall give way to the right as far as practicable to a motor vehicle proceeding in the same direction when the driver of the motor vehicle gives audible signal.

(b) Persons riding bicycles on a roadway may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding bicycles two abreast may not impede traffic and, in a laned roadway, shall ride within the farthest right lane.

(c) When a shoulder of the highway is maintained in good condition, an operator of a bicycle shall use the shoulder of the roadway.

(d) A person operating a bicycle on a trail, path, sidewalk, or sidewalk area shall

(1) exercise care to avoid colliding with other persons or vehicles;

(2) give an audible signal before overtaking and passing a pedestrian; and

(3) yield the right-of-way to any pedestrian.

(e) Repealed 6/28/79.

(f) A person riding a bicycle intending to turn left shall, unless he dismounts and crosses as a pedestrian, comply with the provisions of sec. 200 of this chapter. The operator of a bicycle must give a signal by hand and arm continuously during the last 100 feet traveled unless the hand is needed in the control or operation of the bicycle. When stopped to await an opportunity to turn, a hand and arm signal must be given continuously by the operator.

(g) No person may ride a bicycle upon a sidewalk in a business district or where prohibited by an official traffic-control device.

(h) No bicycle race may be conducted upon a roadway, except as provided under AS 05.35.

History

Authority: AS 28.05.011

13 AAC 02.405 Carrying article

Repealed 6/28/79.

13 AAC 02.410 Lamps and other equipment on bicycle

Repealed 6/28/79.

13 AAC 02.420 Parking of bicycles

(a) No person may park a bicycle on a street or sidewalk in a manner which obstructs pedestrian traffic or the parking and driving of motor vehicles.

(b) No person may secure a bicycle to any of the following publicly owned facilities:

(1) fire hydrants;

(2) police and fire callboxes;

(3) electric traffic signal poles;

(4) stanchions or poles located within bus zones or stands;

(5) stanchions or poles located within 25 feet of an intersection; or

(6) trees under 10 inches in diameter.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.422 Applicability of regulations to motorcycles

A person driving a motorcycle, a motor-driven cycle, or a motorized bicycle has the rights and is subject to the duties applicable to the driver of a vehicle under this chapter, in addition to special provisions in secs. 422 - 427 of this chapter, except as to those provisions of this chapter which by their nature have no application.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.425 Riding on motorcycles and motor-driven cycles

(a) A person driving a motorcycle or motor-driven cycle shall ride on the permanent seat attached to the motorcycle, astride the seat and facing forward.

(b) No person driving a motorcycle or motor-driven cycle may carry another person, nor may another person ride on a motorcycle or motor-driven cycle, unless the vehicle has a permanent seat designed to carry more than one person and is firmly attached to the vehicle. No passenger may ride in a position that will interfere with the driving or control of a motorcycle or motor-driven cycle or the view of the driver.

(d) No person riding a motorcycle or motor-driven cycle may attach himself or the vehicle to another vehicle on the roadway, except as necessitated by an emergency or as designed by the manufacturer of the motorcycle for the attachment of a sidecar or other vehicle.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.427 Driving motorcycles and motor-driven cycles on roadways laned for traffic

(a) Motorcycles and motor-driven cycles may be driven upon a lane of a roadway, and no motor vehicle may be driven so as to deprive a motorcycle or motor-driven cycle of the full use of a lane. This provision does not apply to motorcycles or motor-driven cycles driven two abreast in a single lane by consent of both drivers; however, no motorcycles or motor-driven cycles may be driven more than two abreast in a single lane.

(b) No driver of a motorcycle or motor-driven cycle may overtake and pass another vehicle in the same lane occupied by the vehicle being overtaken. A driver of a motorcycle or motor-driven cycle may not drive between adjacent lanes or lines of traffic, or between adjacent lines or rows of vehicles.

(c) The provisions of this section do not apply to police officers in the performance of their official duties; however, this exception does not relieve the driver of a police vehicle from the duty to drive with regard for the safety of all persons.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

Article 10 Special Rules for Snowmobiles and Other Off-Highway Vehicles

13 AAC 02.430 Applicability of regulations; parental responsibility

(a) No parent or guardian may authorize or knowingly permit a child to violate a provision of secs. 430 - 455 of this chapter.

(b) Every person operating a snowmobile or other off-highway vehicle upon a highway has the rights and is subject to the duties applicable to the driver of any other vehicle under this chapter, except as otherwise provided in secs. 430 - 455 of this chapter, and except as to those provisions of this chapter which by their nature have no application.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70

13 AAC 02.435 Application of snow vehicle provisions

Repealed 6/28/79.

13 AAC 02.440 Traffic laws and regulations apply to operation of snow vehicle

Repealed 6/28/79.

13 AAC 02.445 Riding on snowmobiles and other off-highway vehicles

(a) A person driving a snowmobile or other off-highway vehicle may ride only on a permanent seat attached to the vehicle; no snowmobile or other off-highway vehicle, when driven on a highway, may be used to carry persons other than the driver, unless the vehicle is designed and equipped with a seat for a passenger.

(b) Repealed 6/28/79.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70

13 AAC 02.450 Towing other person

Repealed 6/28/79.

13 AAC 02.455 Operation on highways and other locations

(a) A snowmobile or an off-highway vehicle may be driven on a roadway or shoulder of a highway only under the following circumstances:

(1) when crossing a highway as provided in (f) of this section, or when traversing a bridge or culvert on a highway, but then only by driving at the extreme right-hand edge of the bridge or culvert and only when the traverse can be completed with safety and without interfering with other traffic on the highway;

(2) when use of the highway by other motor vehicles is impossible because of snow or ice accumulation or other natural conditions or when the highway is posted or otherwise designated as being open to travel by off-highway vehicles;

(3) when highway driving is authorized by an authority having jurisdiction over the highway, but only in accordance with restrictions which may be imposed by that authority with regard to highway use; or

(4) when driven on the right-of-way of a highway which is not a controlled-access highway, outside the roadway or shoulder, and no closer than three feet from the nearest edge of the roadway; night driving may be only on the right-hand side of the highway and in the same direction as the highway motor vehicle traffic in the nearest lane of the roadway; no person may drive an off-highway vehicle within the area dividing the roadways of a divided highway, except to cross the highway as provided in (f) of this section.

(b) Repealed 6/28/79.

(d) Repealed 6/28/79.

(e) Repealed 6/28/79.

(f) A snowmobile or an off-highway vehicle may make a direct crossing of a highway if

(1) the crossing is made approximately at a right angle to the highway and at a location where visibility along the highway in both directions is clear for a sufficient distance to assure safety, and the crossing can be completed safely and without interfering with other traffic on the highway; and

(2) the vehicle is brought to a complete stop before crossing the shoulder or roadway, and the driver yields the right-of-way to all traffic on the highway.

(g) No snowmobile or other off-highway vehicle may cross or travel on a sidewalk, a location intended for pedestrian or other nonmotorized traffic, an alley, or a vehicular way or area which is not open to snowmobile or off-highway vehicle operation, except as provided in (f) of this section.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 7/23/70, Register 35; am 6/28/79, Register 70

13 AAC 02.460 Lamps and other equipment on snow vehicle

Repealed 6/28/79.

13 AAC 02.465 Speed restrictions

Repealed 6/28/79.

Article 11 Miscellaneous Provisions

13 AAC 02.480 Unattended motor vehicle

No person driving or in charge of a motor vehicle may permit it to stand unattended by an adult person without first stopping the engine, placing the transmission in gear or in park position, locking the ignition, removing the key from the ignition and, if there is not a reasonable possibility of freezing, setting the brake. When standing upon a grade, a driver shall turn the front wheels toward the curb or near the edge of the highway in such a manner that if the unattended vehicle should roll from its standing position, the movement will be in the direction toward the curb or near the edge of the highway and away from the roadway.

History

Authority: AS 28.05.011

13 AAC 02.482 Limited use of vehicular ways and areas

(a) No pedestrian, rider of a bicycle, or driver of a vehicle may travel on a vehicular way or area as defined in 13 AAC 40.010 when it is designated for use by a different mode of travel than that used by the pedestrian, rider of a bicycle, or driver of a vehicle.

(b) A driver of a nonmotorized vehicle traveling upon a vehicular way or area shall, regardless of whether an official traffic-control device is present, yield the right-of-way in the manner specified in sec. 130(c) of this chapter to any traffic using a roadway, driveway, or vehicular way or area on which motor vehicle traffic is authorized.

(c) No driver of an all-purpose vehicle may travel on a public roadway where that travel is prohibited by a local law or ordinance enacted in accordance with AS 28.01.010.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 1/1/2022, Register 240

13 AAC 02.485 Limitations on backing

(a) The driver of a vehicle may not back the vehicle unless the movement can be made with safety and without interfering with other traffic.

(b) The driver of a vehicle may not back the vehicle upon the roadway of a controlled-access highway or its entrance and exit ramps, except as may be directed by a police officer, a fireman, or an authorized flagman.

History

Authority: AS 28.05.011

13 AAC 02.487 Driving on sidewalk

No person may drive a vehicle on a sidewalk or sidewalk area other than upon a permanent or temporary driveway, except as a municipality allows the riding of bicycles on sidewalks outside of a business district.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.490 Riding on motorcycle or motor scooter

Repealed 6/28/79.

13 AAC 02.495 Riding in and on vehicles and towed objects; boarding and alighting; obstructing of driver's view or driving mechanism

(a) No person may drive a vehicle when it is so loaded, or when there are in the front or driver's seat more persons or objects than the number for which the seat was designed, so as to unreasonably obstruct the view of the driver to the front or sides of the vehicle or so as to interfere with the driver's control over the driving mechanism of the vehicle.

(b) Repealed 6/28/79.

(c) No person may drive a vehicle when he has in his embrace, or holds in his hands, another person or any object in a manner which prevents the free and unhampered operation of the vehicle.

(d) No person may open the door of a motor vehicle unless it is reasonably safe to do so, without interfering with the movement of other traffic. No person may leave a door of a vehicle open on the side of a parked vehicle so as to obstruct the movement of vehicular traffic. No person may enter or leave a vehicle when the vehicle is in motion.

(e) No person may ride on an outside part of a vehicle traveling upon a highway unless that part is specifically designed to carry a passenger when the vehicle is in motion. No person may attach himself or a conveyance or other device to a vehicle for the purpose of riding or being towed.

(f) No person may occupy a trailer or other object when it is being towed, unless the trailer or other object is specifically designed to transport passengers while it is being towed.

(g) Subsections (e) and (f) of this section do not apply to an authorized emergency vehicle, to a vehicle used in construction and maintenance work on, along, or above a highway when the vehicle is actually engaged in the specified work, to a person riding in the open bed of a truck if he is seated on the bed or floor of the vehicle or upon a seat built below the level of the sideboards of the vehicle, or within truck bodies in space intended for merchandise, or to a person riding in a parade.

History

Authority: AS 28.05.011

13 AAC 02.497 Funerals and other processions; permits

(a) No driver of a vehicle may drive between or position his vehicle between any vehicles comprising a funeral or other authorized procession while they are in motion. This provision does not apply at intersections where traffic is controlled by traffic-control signals or a police officer, fireman, or authorized flagman.

(b) Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.

(c) No funeral, procession, or parade containing 200 or more persons or 50 or more vehicles may occupy, march or proceed along a street or other way or area normally open to the public for purposes of vehicular travel except in accordance with a permit issued by the state or local authority having jurisdiction over the street or other way or area, and other statutes, regulations, or ordinances which may apply. This permit requirement does not apply to the armed forces of the United States, the military forces of this state and the forces of the police and fire departments of a political subdivision having local jurisdiction.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.500 Opening and closing vehicle door

Repealed 6/28/79.

13 AAC 02.505 Animals on highways and other areas

(a) An owner or attendant of livestock or domestic animals may not allow the animals to be on a highway. This section does not prohibit the movement of livestock across or along a highway from one section of property to another if the livestock are tended and the movement can be made safely.

(b) A pasture, range, barnyard or other livestock area adjacent to a highway must be fenced to prevent livestock from wandering onto the highway, unless the livestock are in a grazing district and are tended as provided in AS 03.35.010.

(c) Every person riding an animal or driving an animal-drawn vehicle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle in this chapter, except those provisions which by their very nature have no application.

(d) No person may drive a motor vehicle on a highway or vehicular way or area, so as to intentionally annoy, injure or kill an animal, except that the owner of livestock or his agents may use motor vehicles in the management and control of their livestock. This subsection does not apply to activity expressly authorized by the Department of Fish and Game, or activity expressly authorized by a federal agency on lands in their respective jurisdictions.

(e) The driver of a motor vehicle shall exercise care to avoid causing a person to lose control of a domestic animal being ridden, herded, tended or otherwise controlled by that person.

History

Authority: AS 28.05.011

13 AAC 02.510 Riding in a trailer

Repealed 6/28/79.

13 AAC 02.515 Coasting prohibited

The driver of a motor vehicle, when traveling upon a highway, may not drive the vehicle with its gears or transmission in neutral, with its clutch disengaged, or otherwise cause the vehicle to coast.

History

Authority: AS 28.05.011

13 AAC 02.517 Authorized and other emergency vehicles

(a) The driver of an authorized emergency vehicle, when responding to an emergency call, when in pursuit of an actual or suspected violator of a statute, regulation or ordinance, when responding to but not upon returning from a fire alarm, or in the performance of his official duties may disregard a statute, regulation or ordinance governing the operation, stopping, standing or parking of a vehicle, except as provided in this section.

(b) The driver of an authorized emergency vehicle when responding to an emergency must use an audible signal meeting the requirements of 13 AAC 04.210(d) and visual signals meeting the requirements of 13 AAC 04.090, except that an authorized emergency vehicle operated as a police vehicle need not display a red light visible from in front of the vehicle and except as provided in (c) of this section.

(c) A driver of an authorized emergency vehicle which is parked, stopped or standing in disregard of a regulation or ordinance prohibiting the parking, stopping or standing may not use an audible signal.

(d) The driver of an off-highway vehicle may operate the vehicle upon a highway or railroad right-of-way when the vehicle is serving as an authorized emergency vehicle.

(e) A person driving a vehicle displaying a flashing blue light meeting the requirements of 13 AAC 04.100 when responding to, but not upon returning from, an emergency, may, if not otherwise prohibited by a municipality, without undue danger to the safety of other persons or property

(1) park or stand the vehicle in violation of a traffic regulation or ordinance or near the scene of the fire to which he responded;

(2) except as provided in (f) of this section, exceed the maximum speed limit if he does not unreasonably endanger life or property, slows at each intersection, and exercises care under the circumstances; and

(3) disregard regulations or ordinances governing direction, movement or turning in a specified direction if he does so at a speed less than the maximum speed limit for that location.

(f) The provisions of this section do not relieve the driver of an authorized emergency vehicle or a vehicle displaying a flashing blue light from the duty to drive with regard for the safety of all persons, nor do the provisions of this section allow the driver of a vehicle displaying a flashing blue light to proceed past a stop sign or red signal without first stopping.

(g) When the commissioner or the commissioner's designee authorizes a person's motor vehicle to be equipped with a flashing blue light meeting the requirements of 13 AAC 04.100, the authorization must be in writing, and must be carried at all times in the vehicle. Failure to carry the authorization does not affect the status of the vehicle as an emergency vehicle. An authorization issued under this section is valid for five years from date of issue. An authorization issued under this section is void if the person's driver's license is suspended, revoked, or canceled, or if the person's vehicle no longer meets the equipment standards set out in 13 AAC 04. A person must return the document granting authorization to the commissioner or the commissioner's designee, if the person's driver's license is suspended, revoked, or canceled or if the person's vehicle no longer meets the equipment standards set out in 13 AAC 04.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 6/12/97, Register 142

13 AAC 02.520 Following authorized emergency vehicle; interference at scene of accident; crossing fire hose

(a) A driver of a vehicle, other than one on official business with respect to the emergency to which an emergency vehicle is responding, may not follow an authorized emergency vehicle traveling in response to an emergency and displaying visual or audible signals, as required by sec. 517 of this chapter, closer than 500 feet. A driver may not stop, stand or park his vehicle within 500 feet of fire apparatus stopped in answer to a fire alarm.

(b) No person may stop or park a vehicle in the vicinity of an accident or other emergency so as to interfere with the movement of emergency vehicles or injured persons, or create additional hazards to the safety of persons by blocking the visibility of flares or other emergency signaling devices.

(c) No person may drive a vehicle over an unprotected fire hose when laid down on a street, private road, driveway or other location when it is being used in response to an emergency call, unless authorized, or directed to do so by a fireman.

History

Authority: AS 28.05.011

13 AAC 02.525 Crossing fire hose

Repealed 6/28/79.

13 AAC 02.530 Littering, depositing materials, and dragging objects prohibited

(a) No person may throw, deposit or allow to be thrown or deposited upon a highway or vehicular way or area litter, garbage, glass, nails, tacks, wire, cans, oil or any other substance. A person who throws, deposits, or allows to be thrown or deposited such substances shall immediately remove or cause to be removed those substances. A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other substance dropped upon the highway from that vehicle.

(b) No person may divert or drain water to, or upon a highway, nor may a person push or otherwise deposit snow or ice onto a highway in a manner or in quantities which may constitute a hazard to snow removal equipment or other traffic.

(d) No person may haul or drag any material or object along or over a highway or vehicular way or area in a manner that allows or causes a portion of the material or object to rest upon or come in contact with the surface of the highway or vehicular way or area if the material or object is likely to damage or damages the surface or creates a hazard to other vehicles or pedestrians.

History

Authority: AS 28.05.011

13 AAC 02.532 Railroad trains not to block roadways

Except as otherwise provided by federal laws or regulations, no person may operate a train or railroad crossing gate or signal device in a manner which prevents vehicular use of a roadway for a period of time in excess of five consecutive minutes except

(1) when necessary to comply with signals affecting the safety of the movement of trains;

(2) when necessary to avoid striking an object or person on the track;

(3) when the train is disabled;

(4) when the train is in motion; or

(5) when there is no vehicular traffic waiting to use the crossing.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 02.535 Carrying or towing person on outside part of vehicle

Repealed 6/28/79.

13 AAC 02.540 Embracing another while driving

Repealed 6/28/79.

13 AAC 02.545 Drivers to exercise care

(a) No person may drink an intoxicating beverage while driving a vehicle.

(b) Every driver of a vehicle shall exercise care to avoid colliding with a pedestrian, an animal or another vehicle.

History

Authority: AS 28.05.011

13 AAC 02.550 Leaving child unattended in standing vehicle with motor running

Repealed 6/28/79.

Article 12 General Provisions

13 AAC 02.560 Application of traffic regulations

The traffic regulations apply exclusively to the equipping, condition, movement or operation of a vehicle, bicycle, motorcycle, motor-driven cycle, person or animal upon a highway or a state-operated and maintained ferry facility except where a limited application or a different place is specifically referred to in a section.

History

Authority: AS 28.05.011

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.010 Traffic-control signal legend

(a) When traffic is controlled by an official traffic-control signal displaying colored lights or lighted arrows, only green, red, and yellow may be used except for a special pedestrian signal carrying a word legend. The lights and arrows apply to a driver of a commercial motor vehicle and a pedestrian as follows:

(1) green signal

(A) vehicular traffic facing a circular green signal may proceed through or turn right or left, unless a sign at the location prohibits the turn; vehicular traffic, including a commercial motor vehicle turning right or left, must yield the right-of-way to another vehicle or to a pedestrian lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited;

(B) vehicular traffic facing a green arrow signal may cautiously enter the intersection to make the movement indicated by the arrow, or other movement permitted by other signals or signs, shown at the same time; vehicular traffic must yield the right-of-way to a pedestrian within an adjacent crosswalk and to other traffic lawfully using the intersection; display of a green arrow signal indicates that the movement indicated by the arrow is not impeded by oncoming traffic;

(C) unless otherwise directed by a pedestrian-control signal, as provided in 13 AAC 02.015, a pedestrian facing a green signal, except when the green signal is a turn arrow, may proceed across the roadway within a marked or unmarked crosswalk;

(2) steady yellow signal

(A) vehicular traffic facing a steady yellow signal is warned that the movement allowed under (a)(1) of this section is being terminated and that a red signal will be exhibited immediately following the yellow signal;

(3) steady red signal

(A) vehicular traffic facing a steady circular red signal may not enter the intersection and must stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, before entering the intersection; vehicular traffic must remain standing until a signal to proceed is shown, except as provided in (B) of this paragraph;

(B) a driver of a commercial motor vehicle who has stopped as provided in (A) of this paragraph may, after stopping, cautiously proceed to turn right or left from the lawful lane for the turn, except that a person may not turn left onto a two-way street when facing a steady red signal; these movements are not allowed if an official traffic-control device prohibits them or directs the driver's attention to a green arrow signal that controls these movements; vehicular traffic making such a turn must yield the right-of-way to another vehicle or to a pedestrian lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited;

(C) vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, must stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, before entering the intersection, and must remain standing until a signal permitting the movement indicated by the red arrow is shown;

(D) unless otherwise directed by a pedestrian-control signal as provided in 13 AAC 02.015, a pedestrian facing a steady circular red or red arrow signal may not enter the roadway.

(b) If an official traffic-control signal is maintained at a place other than an intersection, the provisions of this section are applicable to the signal, except a provision that by its nature has no application. A required stop must be made at a sign or marking on the pavement indicating where the stop must be made or, if none, the stop must be made at the signal.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

Article 2 Use of Roadway

13 AAC 03.050 Driving on right side of roadway; exceptions and special situations

(a) Upon a roadway of sufficient width, a vehicle must be driven upon the right half of the roadway, except as follows:

(1) when overtaking and passing another vehicle proceeding in the same direction, or when preparing for a left turn at an intersection or into an alley, private road, or driveway;

(2) when traveling upon a roadway that is

(A) marked or divided in accordance with 13 AAC 02.025, 13 AAC 03.085, or 13 AAC 03.095; or

(B) restricted to one-way traffic; or

(b) Upon all roadways, a commercial motor vehicle proceeding at less than the maximum authorized speed of traffic must be driven as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road, or driveway. However, on a two-lane highway outside an urban area where passing is unsafe because of oncoming traffic or other conditions, the driver of a commercial motor vehicle proceeding at less than the maximum authorized speed of traffic and behind whom five or more vehicles are formed in a line shall turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists in order to permit following vehicles to pass.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.055 Passing on right

(a) Except as provided in (c) of this section, the driver of a commercial motor vehicle may overtake and pass on the right of another vehicle only under conditions permitting the movement in safety, and

(1) when the vehicle overtaken is making, or is about to make, a left turn from a lane to the left of the overtaking vehicle, or is stopped or disabled; or

(2) when the vehicles are traveling upon an unobstructed roadway of sufficient width for two or more lines of vehicles, moving lawfully in the direction of the overtaking vehicle.

(b) A commercial motor vehicle overtaking another vehicle on the right may not return to its original lane until clear of the overtaken vehicle.

(c) The driver of a commercial motor vehicle traveling in a roundabout may not overtake and pass on the right of another vehicle.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125; am 12/14/2002, Register 164

13 AAC 03.060 Limitations on driving left of center

(a) A vehicle may not be driven on the left side of a roadway when:

(1) approaching or upon the crest of a grade or a curve in a highway where the driver's view is obstructed for a distance that creates a hazard if another vehicle is approaching from the opposite direction;

(2) within 100 feet of or traversing an intersection or railroad grade crossing; or

(3) the driver's view is obstructed upon approaching within 100 feet of a bridge, viaduct, or tunnel.

(b) The provisions in (a) of this section do not apply to

(1) a commercial motor vehicle on a one-way roadway;

(2) under the conditions described in 13 AAC 03.050; or

(3) the driver of a vehicle turning left from an alley, private road, or driveway.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.065 Overtaking a vehicle on the left; limitations

(a) Except as provided in 13 AAC 03.055, the driver of a commercial motor vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left of the vehicle being overtaken, and may not return to the right side of the roadway, until safely clear of the vehicle being overtaken. Upon audible signal, the driver of the vehicle being overtaken shall give way to the right in favor of the overtaking vehicle. If the driver of the overtaking vehicle must perform the passing maneuver in a lane reserved for oncoming traffic, the driver of the vehicle being overtaken may not increase the speed of the vehicle until the overtaking commercial motor vehicle has passed and driven back to the right side of the roadway.

(b) A commercial motor vehicle may not be driven to the left side of the center of a roadway when overtaking and passing another vehicle proceeding in the same direction unless authorized by this chapter and unless the left side of the roadway is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the flow of traffic approaching from the opposite direction or with a vehicle overtaken. The overtaking commercial motor vehicle must return to an authorized lane of travel as soon as practicable and, if the passing movement involves the use of a lane authorized for a vehicle approaching from the opposite direction, before coming within 200 feet of an approaching vehicle.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.070 Passing vehicles proceeding in opposite directions

Drivers of commercial motor vehicles that are proceeding in opposite directions shall pass each other to the right, and, if the roadway is wide enough for only one line of traffic in each direction, each driver, to the extent possible, shall give to the other at least one-half of the roadway.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.080 One-way roadways and rotary traffic islands

(a) If the Department of Transportation and Public Facilities or a municipality, with respect to highways under their jurisdictions, designates a highway, roadway, part of a roadway, or specific lanes for one-way traffic, it must erect traffic-control devices informing the driver of the one-way traffic lane or lanes.

(b) Upon a roadway designated for one-way traffic, a commercial motor vehicle must be driven only in the direction designated by the traffic-control device.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.085 Driving on roadways laned for traffic

(a) A commercial motor vehicle must be driven as nearly as practicable within a single lane, and may not be moved from that lane until the driver has first determined that the movement can be made safely.

(b) Upon a roadway that is divided into three lanes and provides for two-way movement of traffic, a commercial motor vehicle may not be driven in the center lane, except

(1) when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic for a safe distance;

(2) in preparation for making or completing a left turn; or

(3) when the center lane is allocated exclusively to traffic moving in the direction that the vehicle is proceeding.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.090 Following too closely

(a) A driver of a commercial motor vehicle may not follow another vehicle more closely than is reasonable and prudent, considering the speed of the vehicles, the traffic upon the roadway, and the condition of the roadway.

(b) When a commercial motor vehicle is towing another vehicle, traveling upon a roadway outside a business or residence district, and following another commercial motor vehicle that is also towing a vehicle the driver shall, when conditions permit, leave sufficient space between the driver's vehicle and the vehicle being towed in front of the driver's vehicle so that an overtaking vehicle may enter and occupy the space between the towing vehicles without danger. This subsection does not prevent a commercial motor vehicle towing another vehicle from overtaking and passing another vehicle.

(c) A commercial motor vehicle traveling in a caravan or motorcade upon a roadway outside a business or residence district, must be operated so as to allow sufficient space between each vehicle or combination of vehicles to enable another vehicle to enter and occupy the space without danger. This subsection does not apply to a funeral procession.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.095 Use of divided and controlled-access highways - Restrictions

(a) When traveling on a highway that has been divided into two or more roadways by an intervening space, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, a commercial motor vehicle must be driven on the right-hand roadway unless directed or permitted to use the lefthand roadway by an official traffic-control device, police officer, fireman, or authorized flagman. A commercial motor vehicle may not be driven over, across, or within the dividing space, barrier, or section, except

(1) through an opening or at an established crossover or intersection; or

(2) when specifically directed to do so by state or local authority.

(b) If the Department of Transportation and Public Facilities or a municipality, with respect to a controlled-access highway under its jurisdiction, prohibits or limits the use of a highway to certain types of vehicles or traffic, it must erect and maintain signs on the highway notifying drivers of the limitations.

(c) A person may drive a commercial motor vehicle onto or from a controlled-access roadway only at entrances and exits established by public authority.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.107 Driving on mountain highways

The driver of a commercial motor vehicle traveling on a mountain roadway, through a canyon, or on other terrain in which the roadway is narrow and winding, or where visibility is restricted, shall drive the commercial motor vehicle as near the right-hand edge of the roadway as is reasonably practicable. If the driver believes it is necessary to assure safe operation, the driver may give an audible warning with a horn when approaching the crest of a grade or a curve where the view is obstructed for 200 feet or more along the roadway as measured from the front of the driver's commercial motor vehicle.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

Article 3 Pedestrian Rights and Duties

13 AAC 03.155 Pedestrian right-of-way in safety zones

(a) Except as provided in 13 AAC 02.195, when a traffic-control signal is not in place or not in operation, the driver of a commercial motor vehicle shall yield the right-of-way to a pedestrian who is on a side-walk, in a vehicular way or area, or who is crossing a roadway within a crosswalk and who is on the same half of the roadway upon which the commercial motor vehicle is traveling or is approaching so closely from the opposite half of the roadway as to be in danger.

(b) A pedestrian may not leave a curb or other place of safety and walk or run into the path of a commercial motor vehicle that is so close as to constitute an immediate hazard.

(c) When a motor vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of a commercial motor vehicle approaching from the rear may not overtake and pass the stopped vehicle.

(d) A pedestrian shall move, whenever practicable, upon the right half of the crosswalk.

(e) A commercial motor vehicle may not be driven through or within a safety zone.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125; am 4/2/94, Register 129

Article 4 Speed Restrictions

13 AAC 03.275 Basic rule and maximum limits

(a) A person may not drive a commercial motor vehicle at a speed greater than is reasonable and prudent considering the traffic, roadway, and weather conditions.

(b) Except when another speed limit is posted in accordance with 13 AAC 03.280 or when a special hazard exists that requires a lower speed for compliance with (a) of this section, the following limits are the maximum lawful speeds throughout the state, and a person may not drive a commercial motor vehicle at a speed in excess of these maximum limits:

(1) 15 miles per hour in an alley;

(2) 20 miles per hour in a business district;

(3) 25 miles per hour in a residential district; or

(4) 55 miles per hour on any other roadway.

(c) The maximum speed limits set out in (b) of this section will, in the department's discretion, be altered in accordance with 13 AAC 03.280.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.280 Alteration of limits by state and municipalities

(a) If the Department of Transportation and Public Facilities, with assistance from the department or a municipality in accordance with AS 28.01.010, determines upon the basis of an engineering and traffic investigation that a maximum speed prescribed for a commercial motor vehicle in 13 AAC 03.275(b) is greater or lesser than is reasonable or safe under the conditions found to exist at an intersection, an arterial street, or at any other place or part of the state or municipal highway system, the department or municipality with jurisdiction may determine a reasonable and safe maximum limit at the location. The maximum speed limit is effective when signs identifying the maximum limit are erected.

(b) An alteration of a speed limit under (a) of this section may

(1) decrease the limit at an intersection or other place where a full stop is necessary;

(2) increase the limit outside of an urban district;

(3) increase the limit inside an urban district on controlled access highways;

(4) decrease the limit within an urban district to less than 20 miles per hour, except as provided under AS 28.01.010(b); or

(5) decrease the limit outside an urban district.

(c) A maximum speed limit may be in effect at all times or at the times indicated by the signs required in (a) of this section. A maximum speed limit may be established for different times of day, different types of vehicles, varying weather conditions, or any other factor that has a bearing on safe speed. The maximum speed limit is in effect when posted upon fixed or variable signs.

(d) The Department of Transportation and Public Facilities or a municipality, in their respective jurisdictions, may regulate the timing of traffic signals to permit the movement of traffic in an orderly and safe manner at speeds slightly different from the speeds otherwise applicable within the district or at an intersection if signs are erected notifying drivers of the change in speed limits.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125; am 2/27/97, Register 141

13 AAC 03.295 Minimum speed regulation

(a) A person may not drive a commercial motor vehicle so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with a statute, regulation, or ordinance.

(b) If the Department of Transportation and Public Facilities, or a municipality, in their respective jurisdictions, determines under 13 AAC 03.280 that slow speeds on a highway or part of a highway unreasonably impede the normal movement of traffic, the respective authority may determine a minimum speed limit, not to exceed 55 miles per hour, for that highway or part of a highway below which a person may not drive a commercial motor vehicle, except when necessary as provided for in (a) of this section. The minimum speed limit is effective when posted on fixed or variable signs.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

13 AAC 03.325 Special speed limitations

(a) Reserved.

(b) A person may not drive a commercial motor vehicle that is towing a mobile home at a speed greater than 45 miles per hour.

(c) A person may not drive a commercial motor vehicle equipped with lighted headlights described in 13 AAC 04.020(g) at a speed greater than 20 miles per hour.

(d) A person may not drive a commercial motor vehicle at a speed in excess of 20 miles per hour when passing a marked public school or playground crosswalk that is posted with an official school, school crossing or speed-control sign. A speed zone extends 300 feet in either direction from a marked school playground crosswalk.

(e) A person driving a commercial motor vehicle that is passing a school bus displaying alternately flashing yellow lights in accordance with 13 AAC 04.097(b) may not exceed a speed of 20 miles per hour.

(f) A person may not drive a commercial motor vehicle or a combination of vehicles over a bridge or other elevated structure or through a tunnel or underpass constituting a part of a highway, ferry facility, or city street at a rate of speed, with a gross weight, or of a size that is greater than the maximum speed, weight, or size identified by an official traffic-control device.

History

Authority: AS 28.05.011
Eff. 3/14/93, Register 125

Chapter 04 Motor Vehicle and Driving Offenses: Vehicle Equipment and Inspection

Article 1 Scope and Effect of Regulations — Standards and Inspections

13 AAC 04.001 Scope and effect of regulations

(a) Repealed 6/28/79.

(b) Nothing in this chapter may be construed to prohibit equipment required by the United States Department of Transportation or the use of a part or accessory on a vehicle not inconsistent with the provisions of this chapter. A federal motor vehicle safety standard which conflicts with a provision of this chapter supercedes the provision in this chapter with respect to a vehicle which must comply with the federal standard.

(c) The provisions of this chapter which require equipment on vehicles do not apply to implements of husbandry, special mobile equipment, motor-driven cycles, bicycles, or snowmobiles or other off-highway vehicles, except as specifically provided in this chapter.

(d) The requirements of secs. 35 - 40 of this chapter do not apply to a vehicle of the armed forces, except as specifically provided in secs. 25 - 35 of this chapter. In this chapter, "vehicle of the armed forces," means a combat vehicle or other vehicle participating in a combat training exercise where the use of lights or reflectors may be against combat principles, while operated in the immediate exercise area; it does not include a passenger vehicle, bus, truck, truck tractor, trailer, semitrailer, pole trailer, tow car or other vehicle using a highway in support of a military base or installation to transport persons, commodities or equipment, unless actually participating in a combat training exercise as provided in this section.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.002 Unlawful to drive unsafe vehicle or violate chapter

No person may violate this chapter, drive or move or cause or knowingly permit to be driven or moved on a highway or other vehicular way or area, a vehicle or combination of vehicles which is in an unsafe condition, or is not equipped as required in this chapter or which is otherwise equipped in violation of this chapter. If an unsafe vehicle must, for any reason, be operated on a highway or vehicular way or area, the driver, owner, dealer or repair business having knowledge of the condition must notify the department.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.003 Minimum equipment required on vehicle for sale, rent, lease, or loan

No person may sell or offer for sale, rent, lease, or loan, a vehicle unless it is equipped with the devices and equipment required by this chapter or other law for operation on a highway or vehicular way or area, and is in a safe condition and in good working order.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.004 Sale or use of equipment

(a) No person may sell or offer for sale or use a vehicle, equipment or device which does not meet the requirements of this chapter or other law. The provisions of this section do not apply to equipment that complies with requirements in effect before the effective date of this section and in use when this chapter takes effect, or to replacement parts of that equipment.

(b) Any equipment described in this chapter or any package containing the equipment must, if practicable, bear the manufacturer's trade mark or brand name, unless the equipment complies with identification requirements of the United States Department of Transportation or other federal agencies.

(c) No person engaged in the business of selling bicycles at retail may sell a bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.005 Disconnection or alteration of equipment

(a) For a vehicle intended to be operated on a public roadway, no person may disconnect or alter, except as is necessary in the repair or replacement of parts, equipment required by this chapter, unless the equipment is by nature designed and intended for disconnection or alteration;

(b) No person may operate a motor vehicle upon a public roadway which violates the following limitations or prohibitions:

(1) a motor vehicle may not be modified or altered from the original design so that any portion of the vehicle, other than the wheels, has less clearance from the surface of a level roadway than the clearance between the roadway and the lower most portion of any rim of any wheel in contact with the roadway;

(2) a motor vehicle may not be modified to position the lowest portion of the body floor more than three inches above the top of the frame, or to result in a maximum frame height or body floor height greater than 24 inches for a vehicle of up to 4,500 pounds GVWR, 26 inches for 4,501 - 7,500 pounds GVWR, or 28 inches for 7,501 - 10,000 pounds GVWR.

(c) No motor vehicle may be operated on a public roadway that has been modified, altered, manufactured, or is carrying a payload in a manner which adversely affects the steering, braking, or stability of the vehicle.

(d) A vehicle operated on a public roadway that exceeds the minimum or maximum specifications of subsection (b) must be in compliance with this section by 3/31/93.

(e) For purpose of this section

(1) "frame" means the manufacturer's main longitudinal structural members of the chassis of the vehicle, or, for vehicles with unitized body construction, the lowest main longitudinal structural members of the body of the vehicle;

(2) "frame height" means the vertical distance between the ground and the lowest point of the frame midway between the front axle and the second axle on the vehicle;

(3) "GVWR" means the gross vehicle weight rating as defined in AS 28.90.990(a);

(4) "payload" means anything added to a vehicle that increases its unladen weight.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 10/2/92, Register 123

13 AAC 04.006 When inspection required; roadside inspection

(a) A police officer or other person authorized by the department, having reasonable cause to believe that a vehicle is unsafe, not equipped as required in this chapter or in AS 28, or that its equipment is not in proper adjustment or repair, may require the driver of the vehicle to stop and submit the vehicle to an inspection and tests as may be appropriate.

(b) A driver of a vehicle shall stop and submit the vehicle to a roadside inspection when a member of the Alaska State Troopers, uniformed police officer, or a person otherwise authorized by the department is conducting tests and inspections of vehicles and when a sign is displayed requiring a stop, or when a uniformed officer is present and signals the driver to stop. The signs requiring a stop for inspection may specify the particular class or type of vehicle required to stop and, when so designated, a driver of another class or type of vehicle need not stop.

(c) The owner or driver of a vehicle may not refuse to submit a vehicle to an inspection or test authorized or required under this chapter.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.007 Unsafe or defectively equipped vehicle

(a) A police officer may issue a citation to the driver or owner of a vehicle which is not in safe mechanical condition or properly equipped as required in this chapter or in AS 28. A citation issued under this section must specify the section of this chapter or AS 28 which has been violated, the repair or adjustment to be made, and require the driver or owner to appear in court after a period of at least five days, holidays and weekends excluded, from the date of the violation.

(b) The citation issued under (a) of this section requires the driver or owner of the vehicle specified in the citation to repair the vehicle so that it is in safe condition and its equipment is in proper repair and adjustment. The citation also requires the owner or driver to secure a certificate of inspection and approval before any further driving or movement on a highway or vehicular way or area, except as provided in (c) of this section.

(c) No person may drive or move a vehicle after being directed under this section to have it repaired or adjusted, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver of the vehicle or to a garage, until the vehicle and its equipment have been repaired or adjusted as required by the citation. If repair or adjustment of a vehicle or its equipment is found necessary upon inspection, the owner or driver of the vehicle may obtain the repair or adjustment at a place of his choosing, within a 100-mile radius of the place where the citation issued under (a) of this section was issued, or otherwise at the nearest place of repair.

(d) If a vehicle is, in the reasonable judgment of the person issuing the citation, in a condition that further driving or movement would be hazardous, the person issuing the citation may require that the vehicle not be driven or moved under its own power, or that it be driven to the nearest garage or other place of safety. This section does not preclude the impounding of a vehicle as provided in AS 28 if, in the opinion of the person authorized to perform inspections under this chapter, the vehicle is so defective or unsafe as to create a hazard if driven or moved upon a highway or vehicular way or area.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.008 Disposition of equipment citation

A driver or owner of a vehicle cited under 13 AAC 04.007, other than a commercial motor vehicle as defined in AS 28.32.900, may, at any time before the specified date for court appearance, appear at an Alaska State Trooper office, the office of the police agency that conducted the inspection, or an official inspection station, and present evidence of having made the required repairs or adjustments, or present the vehicle for reinspection. If the defective part or item is found to be in good repair and adjustment, and the vehicle otherwise meets the requirements of this chapter and AS 28, the inspection officer or official shall void the citation and notify the court of the action taken.

History

Authority: AS 28.05.011; AS 28.32.080
Eff. 6/28/79, Register 70; am 10/1/94, Register 131

13 AAC 04.009 Prohibited practices

(a) No person may repair or adjust a vehicle unless the repair or adjustment is in accord with acceptable or customary repair practices, applicable provisions of this chapter and AS 28, or other law.

(b) No person may willfully conceal or misrepresent the identity or condition of a vehicle, make a false or misleading statement or present false evidence in connection with the inspection, repair, or adjustment of a vehicle.

(c) No police officer or other person authorized to perform inspections under this chapter may direct or recommend that a repair or adjustment of a vehicle or its equipment be made by a particular person, or perform repair or adjustment at a roadside inspection area for compensation. A person may not solicit, at a roadside inspection area or upon an adjacent highway, any repair or adjustment business for compensation.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

Article 2 Lighting Equipment

13 AAC 04.010 When lights are required

(a) Every vehicle traveling on a highway or other vehicular way or area within the state must illuminate lights

(1) between one half hour after sunset and one half hour before sunrise; or

(2) at any other time when, because of insufficient light or other atmospheric conditions, persons or vehicles on the highway are not clearly discernible at a distance of 1000 feet.

(b) Stop lights, turn signals, and other signaling devices must be illuminated as required by this chapter.

(c) Every vehicle traveling on a highway or vehicular way or area must illuminate lights when traveling on any roadway that is posted with signs requiring the use of headlights.

(d) For the purposes of (c) of this section, lights include low intensity headlights and daytime running lamp devices that meet the standards in 49 C.F.R. 571 (revised as of August 29, 1996), if the headlights are not otherwise required under (a)(1) or (2) of this section.

History

Authority: AS 28.05.011

13 AAC 04.015 Visibility distance and mounted height of lights

(a) When a section of this chapter provides that the distance from which lights and reflectors must render objects visible or be visible, the requirement applies during the times provided in sec. 10 of this chapter for a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated. Lights must be maintained in good working order and kept clear of any obstruction which may reduce visibility, except as provided otherwise in this chapter.

(b) Repealed 6/28/79.

(c) When a provision of this chapter addresses the mounted height of lights or reflectors, the measurement specified is from the center of the light or reflector to the level ground upon which the vehicle stands when the vehicle is without a load.

(d) Lights required under this chapter must be maintained in good working order, securely mounted to prevent misdirection of light beams, and kept clear of any obstruction which might reduce visibility, except as provided otherwise in this chapter.

History

Authority: AS 28.05.011

13 AAC 04.020 Headlights

(a) Except as otherwise provided in this chapter, a motor vehicle must be equipped with at least two headlights, one on each side of the front of the motor vehicle. The headlights must emit white light to the front of the vehicle, comply with the requirements and limitations set out in this section, and be mounted at a height of not more than 54 inches or less than 24 inches.

(b) Repealed 6/28/79.

(d) Repealed 6/28/79.

(e) When a motor vehicle is driven on a highway during the times specified in sec. 10 of this chapter, the driver shall use a high distribution of light or composite beam, directed at a height and of sufficient intensity to reveal persons and vehicles at a distance of 450 feet in advance of the vehicle for all load conditions, subject to the following requirements and limitations:

(1) when the driver of a vehicle approaches an oncoming vehicle within 500 feet, the driver shall use a distribution of light, or composite beam, so that the glaring or high-intensity portion of the light is not projected into the eyes of the oncoming driver; the light must be of sufficient intensity to reveal a person or a vehicle at a distance of 150 feet in advance of the vehicle for all load conditions; and

(2) when the driver of a vehicle approaches another vehicle from the rear, within 300 feet, the approaching driver may not use the highest distribution of light.

(f) Headlight systems which provide a single distribution of light are permitted on all implements of husbandry, motor-driven cycles, bicycles and off-highway vehicles regardless of date of manufacture, if the systems are, as far as practicable, mounted and aimed as required in (a) of this section and are of sufficient intensity to reveal a person or a vehicle at a distance of 200 feet in advance of the vehicle, except as otherwise provided for motor-driven cycles or bicycles in sec. 320(a) and (d) of this chapter.

(g) A motor vehicle may be driven under the conditions specified in sec. 10 of this chapter when equipped with two illuminated lights upon the front of the vehicle capable of revealing persons and vehicles 100 feet ahead; provided, however, that a vehicle using the lights may not be driven at a speed in excess of that specified in 13 AAC 02.325(c).

History

Authority: AS 28.05.011

13 AAC 04.025 Taillights

(a) Except as otherwise provided in this chapter, a vehicle must be equipped with at least two taillights mounted at the same level, as widely spaced laterally as practicable, and as low as practicable, but not less than 20 inches above the roadway on the rear, so that when lighted emit a red light plainly visible from a distance of 1000 feet to the rear. Passenger cars manufactured or assembled before January 1, 1958, must have at least one taillight.

(b) Repealed 6/28/79.

(c) Either a taillight or a separate light must illuminate, with a white light, the rear registration plate, so that it is clearly visible from a distance of 50 feet to the rear. The light must be wired so as to be illuminated when the headlights or auxiliary driving lights are illuminated.

(d) Vehicles with illuminated daytime running lamps that meet the standards in 49 C.F.R. 571 (revised as of August 29, 1996) are exempt from illuminating taillights when daytime running lamps are permitted to be used under this chapter.

History

Authority: AS 28.05.011

13 AAC 04.030 Reflectors

(a) Except as otherwise provided in this chapter, a vehicle must have on the rear, either as a part of the taillights or separately, two or more red reflectors mounted at a height not less than 20 inches, except that if the highest part of the permanent structure of the vehicle is less than 24 inches, the reflector must be mounted as high as that part of the permanent structure will permit. The reflectors must be as widely spaced laterally as practicable, and be visible at night from all distances within 600 feet of the vehicle.

(b) Repealed 6/28/79.

History

Authority: AS 28.05.011

13 AAC 04.035 Stop lights

(a) Except as otherwise provided in this chapter, a vehicle must be equipped with two or more stop lights meeting the requirements of (c) of this section, except that passenger cars manufactured or assembled before January 1, 1958, must be equipped with at least one stop light. On a combination of vehicles, only the stop lights on the rearmost vehicle need actually be seen from the distance specified in (c) of this section.

(b) Repealed 6/28/79.

(c) The stop light or lights required in (a) of this section must be mounted on the rear of the vehicle and must display a red light, or a shade of red, visible from a distance of at least 300 feet to the rear in normal sunlight. The lights must be illuminated by application of the service or foot brake.

History

Authority: AS 28.05.011

13 AAC 04.037 Turn lights

(a) Except as otherwise provided in this chapter, a vehicle must be equipped with electric turn signal lights meeting the requirements of (b) of this section, except that passenger cars and trucks less than 80 inches in width, and manufactured or assembled before January 1, 1953, need not be equipped with electric turn signal lights.

(b) When required under this section, a vehicle must be equipped with electric turn signal lights which indicate an intention to turn by flashing lights showing to the front and rear of the vehicle on the side of the vehicle toward which the turn is to be made, and visible from a distance of at least 500 feet in sunlight. The lights showing to the front must be mounted on the same level, as widely spaced laterally as practicable and, when signaling, must emit yellow light except that on a vehicle manufactured before January 1, 1969, the lights showing to the front may emit white or yellow light, or a shade of light between white and yellow. The lights showing to the rear must be mounted on the same level, as widely spaced laterally as practicable and, when signaling, must emit a red or yellow light, or a shade of light between red and yellow.

(c) A motor vehicle must be equipped with electric turn signal lights as provided in (b) of this section when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load of the vehicle exceeds 14 feet.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.040 Additional lighting requirements

(a) Buses, Trucks, Trailers, Mobile Homes, Motor Homes, and Motor Vehicles with Truck Camper. Except as otherwise provided in (g) of this section and in addition to other equipment required in this chapter, a bus, truck, trailer, mobile home, motor home, or motor vehicle in combination with a mounted truck-camper which is part of the permanent structure of the vehicle upon which it is mounted, which is 80 inches or more in overall width, must be equipped with

(1) one clearance light on each side of the front for the display of yellow light, except as otherwise provided for boat trailers in (d) of this section;

(2) one clearance light on each side of the rear for the display of red light;

(3) two side marker lights on each side, one yellow light at or near the front and one red light at or near the rear; and

(4) two reflectors on each side, one yellow reflector at or near the front and one red reflector at or near the rear.

(b) Repealed 6/28/79.

(c) Truck-tractors. Truck-tractors must be equipped on the front with two cab clearance lights for the display of yellow light, one at each side. Truck-tractors manufactured or assembled after January 1, 1966, must be equipped as provided in (g) of this section.

(d) Boat Trailers. In addition to the provisions of (a)(1) of this section, a boat trailer 80 inches or more in overall length must be equipped on each side, at or near the midpoint, with one clearance light for the display of yellow light to the front and red light to the rear.

(e) Trailers Exceeding 30 Feet in Length. Trailers 30 feet or more in overall length must be equipped on each side with one side marker light and one yellow reflector, centrally located with respect to the length of the vehicle.

(f) Pole Trailers. Pole trailers must be equipped as follows:

(1) one yellow side marker light on each side at or near the front of the load;

(2) one yellow reflector at or near the front of the load;

(3) on the side at the rear of the pole trailer at the rearmost support for the load, one combination marker light showing yellow to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer; and

(4) two red reflectors mounted on the rear, one on each side of the bolster or load.

(g) Identification Lights. When required or permitted by this chapter, identification lights must be grouped in a horizontal row at the top, or as near as practicable to the top, of the permanent centerline, with the centers of the lights spaced not less than six or more than 12 inches apart. However, where the cab of a vehicle is not more than 42 inches wide at the front roof line, a single identification light at the center of the cab complies with the requirements for front identification lights. Identification lights must display yellow light to the front and red light to the rear.

(h) Visibility and Mounting of Clearance, Identification, and Side Marker Lights. Front and rear clearance, identification, and side marker lights must be capable of being distinguished within 500 feet from the front, rear, and the side of the vehicle under normal atmospheric conditions. Clearance lights must, as far as practicable, be mounted on the permanent structure of the vehicle to indicate the height and width of the vehicle. Clearance lights on truck-tractors must be located to indicate the width of the truck-tractor cab. Clearance and side marker lights may be mounted in combination if they provide the illumination required in this section. A vehicle may be equipped with one or more side marker lights which may be flashed in conjunction with turn or vehicular hazard warning lights.

(i) Obstructed Lights. When vehicles are driven in combination during the time that lights are required, a light need not be turned on which, by reason of its location, is obscured by another vehicle in the combination.

(j) Lights or Flags on Loads Projecting to Rear of Vehicles. When the load upon a vehicle extends four feet or more beyond the rear bed or body of the vehicle, two red taillights and two red reflectors visible to the rear must be illuminated during the times specified in sec. 10 of this chapter, and located to indicate maximum width. On each side, one red light visible from a distance of at least 600 feet to the side and located so as to indicate maximum overhang must also be illuminated. At all other times, red flags, at least 12 inches square, must be displayed marking the extremities of the load at each point where a light would otherwise be required by this section.

(k) Lights or Flags on Loads Projecting to Sides of Vehicles. When the load upon a vehicle extends to the sides one foot or more beyond the bed or body of the vehicle, the devices required in (j) of this section must be displayed, except that a yellow light must be shown or reflected to the front of the vehicle and red light must be shown or reflected to the rear of the vehicle. When the load upon a vehicle extends so as to obscure the identification lights required in (g) of this section, the load must be illuminated to identify its height as provided in (j) of this section when the loaded vehicle is driven on a highway at a time when lights are required.

(l) Motor Vehicles with Snow Plow or Similar Device. A motor vehicle with a snow plow or similar device attached to the front must be equipped with two auxiliary multiple-beam headlights located at a point above the uppermost position of the blade if the device, either in the raised or lowered position, obstructs the headlights of the vehicle. Lights may not be attached to a point higher than the cab top of the vehicle. The lights must be as widely spaced laterally on the vehicle as is practicable and must comply with the applicable requirements of sec. 20 of this chapter regarding the aim and intensity of headlights.

(m) Lights or Flags on Blades of Public Snow Plows. A light or reflective device displaying yellow light for 100 feet in all directions must be located upon each upper corner of a blade used for snow removal on a publicly owned or maintained vehicle. The lights must be illuminated when the blade is being used to remove snow at the times specified in sec. 10 of this chapter, except that a red flag meeting the size and visibility requirements of sec. 240(a)(3) of this chapter may be substituted for the light or reflective device at other times.

(n) Animal-drawn Vehicles. An animal-drawn vehicle must be equipped with the lights and reflectors required for bicycles.

(o) Self-propelled Implements of Husbandry. A self-propelled implement of husbandry must be equipped with lights and reflectors as follows:

(1) two headlights;

(2) one red taillight mounted as far to the left of the center of the vehicle as practicable;

(3) two red reflectors meeting the requirements of sec. 30 of this chapter; and

(4) if manufactured or assembled after January 1, 1978, a vehicular hazard warning light as provided in sec. 95 of this chapter, which must be illuminated when the vehicle is driven on a highway.

(p) Towed Implements of Husbandry. An implement of husbandry which is towed behind, or is pushed ahead of, a motor vehicle must be equipped as follows:

(1) if the towed unit or its load extends more than four feet to the rear of the tractor or obscures a rear light on the tractor, the towed unit must be equipped on the rear with at least one red taillight meeting the requirements of sec. 25 of this chapter, mounted as far to the left of the center of the towed unit as practicable, and must be equipped with at least two red reflectors meeting the requirements of sec. 30 of this chapter;

(2) if the towed or pushed unit extends more than four feet to the left of the centerline of the tractor, the towed unit must be equipped on the front with a yellow reflector meeting the visibility requirements of sec. 30 of this chapter and positioned to indicate, as nearly as practicable, the extreme left projection of the towed or pushed unit;

(3) if the towed or pushed unit or its load obscures vehicular hazard warning lights on the motor vehicle, the towed unit must be equipped with a vehicular hazard warning light as required in sec. 95 of this chapter.

(q) All Implements of Husbandry. The reflectors required in (o) and (p) of this section must be positioned to show from the rear, as nearly as practicable, the extreme width of the vehicle or combination of vehicles carrying them; however, if all other requirements are met, reflective tape or paint may be used instead of the reflectors required by (p) of this section.

History

Authority: AS 28.05.011

(b) Parking lights need not be displayed when a vehicle is lawfully parked or stopped along or upon a highway as follows:

(1) on a city street or alley or on a highway within an urban area which is of sufficient width to allow parking without hazard to other vehicular traffic on the roadway;

(2) on a highway outside an urban area when the side of the parked vehicle nearest the roadway is at least eight feet from the roadway; or

(3) on a highway when there is sufficient artificial light to reveal a person or vehicle within a distance of 1000 feet upon the highway.

(4) repealed 6/28/79.

(c) Except as provided in (b) of this section, when a motor vehicle is parked or stopped upon a roadway or adjacent shoulder, whether attended or unattended, during the hours specified in sec. 10 of this chapter, the driver of the vehicle shall illuminate the parking lights, and the headlights, if illuminated, must be dimmed.

(d) Repealed 6/28/79.

(e) No parking light on a vehicle may be used when the vehicle is in motion, unless the parking lights operate in conjunction with the headlights.

History

Authority: AS 28.05.011

13 AAC 04.075 Lamps on farm tractor, road tractor, farm equipment and implement of husbandry

Repealed 6/28/79.

13 AAC 04.080 Lamps on other vehicles and equipment

Repealed 6/28/79.

13 AAC 04.085 Spotlamp and auxiliary lamp

Repealed 6/28/79.

13 AAC 04.090 Authorized emergency vehicles

(a) Every authorized emergency vehicle must, in addition to other equipment required by this chapter, be equipped with a signal light mounted as high as practicable, and which is capable of displaying to the front and rear flashing red color of sufficient intensity to be visible at 500 feet in normal sunlight. The flashing light must be sufficiently spaced from the headlights so that it will not be blacked out when the headlights are illuminated. An authorized emergency vehicle may display rotating beams of red light or of red and white light meeting the requirements of this subsection.

(b) Repealed 6/28/79.

(c) A police vehicle, when used as an authorized emergency vehicle, may but need not be equipped with alternately flashing red lights as specified in (a) of this section.

(d) Repealed 6/28/79.

(e) Repealed 6/28/79.

(f) Repealed 6/28/79.

(g) If, in addition to the light required in (a) of this section, a second or subsequent light is mounted on the authorized emergency vehicle, the light must be mounted as high as practicable and at the same level as the first light. The lights must be as widely spaced laterally as practicable, and must meet the spacing and visibility requirements of (a) of this section. The second light may display flashing blue color in accordance with sec. 100 of this chapter.

History

Authority: AS 28.05.011

13 AAC 04.095 Flashing yellow vehicular hazard warning lights

(a) Repealed 6/28/79.

(b) Repealed 6/28/79.

(c) The following vehicles must be equipped with a flashing yellow warning light visible at 500 feet in normal sunlight to either the front, rear or sides or from all positions:

(1) a vehicle of the Department of Transportation and Public Facilities, a municipality, or a contractor used in highway maintenance, inspection, survey or construction when working upon or within eight feet of a roadway;

(2) a vehicle of a public utility company, when actually engaged in the construction, removal, repair, maintenance or inspection of a public utility facility and when parked or moving slower than the normal traffic flow upon or within eight feet of a roadway;

(3) a motor vehicle engaged in towing a house or a building upon a highway;

(4) a pilot car as provided in 17 AAC 25.090; and

(5) a motor vehicle engaged in snow removal from private property when it moves onto, across or within eight feet of a roadway while removing the snow, or a motor vehicle engaged in snow removal from subdivision streets.

(d) The lights required in this section must be used to warn drivers of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing the hazard.

(e) After January 1, 1978, every bus, truck, truck-tractor and trailer 80 inches or more in overall width or 30 feet or more in overall length, and every motor vehicle manufactured after January 1, 1978, must be equipped with lights meeting the requirements of (f) of this section.

(f) Vehicular hazard warning lights must be mounted at the same level and as widely spaced laterally as practicable, except that on vehicles less than 80 inches overall width, only one warning light need be mounted on the rear of the vehicle. The lights must display simultaneously flashing yellow color to the front of the vehicle, except that on vehicles manufactured before January 1, 1969, the light showing to the front may display simultaneously flashing yellow or white color, or any shade of color between yellow and white. The lights displaying warning to the rear of the vehicle must show simultaneously flashing red or yellow color, or any shade of color between red and yellow. The lights authorized by this section must be visible from a distance of not less than 500 feet in normal sunlight.

(g) A tow car must be equipped with a flashing yellow warning light visible at 500 feet in normal sunlight to the front, rear and both sides. The tow car must illuminate the yellow warning light during preparation at the location from which a disabled vehicle is to be towed, and the yellow warning light must be illuminated when the tow car is towing a vehicle at a speed slower than the normal flow of traffic, during the hours of darkness when the towed vehicle does not have taillights illuminated to the rear, or when the taillights, stop lights or turn signals on the tow car are obscured by the towed vehicle. The flashing warning light may not be illuminated except as provided in this section.

(h) A vehicle used for the purpose of mail or other delivery along a highway must illuminate the lights required by this section at least 100 feet, but not more than 500 feet, before making a stop as required in the official performance of the duties of the driver of the vehicle. Display of the lights must continue for as long as the conditions specified in (d) of this section exist. The lights must be visible to the front and rear of the vehicle at a distance of 500 feet in normal sunlight. Further, a mail delivery vehicle must clearly display to the front and to the rear of the vehicle, the words "U.S. MAIL" in letters at least eight inches high on a distinctively contrasting background; other vehicles used in making deliveries along a highway must display the words "DELIVERY VEHICLE" in a like manner.

(i) The lights specified in this section may not be turned on when a vehicle is

(1) parked lawfully in an urban district;

(2) stopped lawfully to avoid conflict with other traffic or to comply with the directions of a police officer, a fireman or an authorized flagman or an official traffic-control device; or

(3) otherwise stopped or driven when there do not exist the conditions specified in (c) of this section.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70

13 AAC 04.097 Special school bus lighting equipment

(a) A school bus must, in addition to other equipment and distinctive markings required by this chapter, be equipped with signal lights mounted as high and as widely spaced laterally as practicable, which must display to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level. The lights must be visible at 500 feet in normal sunlight. The alternately flashing red lights must be illuminated by the driver of the school bus when, but only when, the bus is stopped for the purpose of receiving or discharging school children, except that the lights may not be illuminated in

(1) a designated school bus loading or unloading area where the bus is entirely off the roadway and a child being received into or discharged from the bus is not required to cross the roadway; or

(2) an intersection or other place where traffic is controlled by a traffic-control signal or by a police officer.

(b) A school bus must be equipped with yellow signal lights mounted near each of the four red lights required in (a) of this section and at the same level but closer to the vertical centerline of the bus. These lights must display two alternately flashing yellow lights visible to the front and rear of the bus for a distance of at least 500 feet in normal sunlight. The yellow flashing lights must be illuminated by the school bus driver at least 100 feet, but not more than 500 feet, before every stop at which the alternately flashing red lights are illuminated, at which time the alternately flashing yellow lights authorized by this section must be turned off.

(c) Every school bus must have indicator lights readily visible to the driver of the bus, which automatically indicate to the driver of the bus when any of the alternately flashing lights authorized by this section are illuminated.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.100 Flashing blue lights on vehicles

(a) A firefighter, an emergency medical service responder, or a police officer, with the concurrence of the chief of that person's department, when authorized under 13 AAC 02.517 or (i) of this section, may equip the person's motor vehicle with a flashing blue light that must be visible from the front and sides for a distance of 300 feet in normal sunlight. The flashing blue light authorized by this subsection may be illuminated only when the driver of the vehicle is a member of a fire or a police department responding to an emergency, and the vehicle must display a sign or plate that indicates the department membership and the name of the municipality or organization in which the driver is a member.

(b) Repealed 6/28/79.

(d) Repealed 6/28/79.

(e) Police and public fire vehicles may not use a flashing blue light except simultaneously with a flashing red light as required in sec. 90 of this chapter.

(f) Vehicles, except those vehicles described in (e) of this section, that are owned or operated by the state or a municipality may not use a flashing blue light except simultaneously with a flashing yellow light and in accordance with 13 AAC 04.095.

(g) A person certified by a state agency to render emergency lifesaving or medical services, when authorized by the commissioner, may equip his private vehicle with a flashing blue light meeting the visibility requirements of (a) of this section, for use only when responding to an emergency. The flashing blue light may not be illuminated except when the driver of the vehicle is properly certified to render emergency lifesaving or medical services and his vehicle displays the "star of life" symbol.

(h) Lights displaying blue color may not be used upon vehicles, except as provided in this section.

(i) A fire chief, an emergency medical service provider, or a police chief of a municipality or borough that has been granted authority in writing by the commissioner may authorize a person to equip the person's motor vehicle with a flashing blue light if

(1) the person completes and returns to the commissioner or the commissioner's designee on a signed and notarized form prepared by the department a certification that

(A) the person's motor vehicle complies with the equipment standards set out in 13 AAC 04;

(B) the person holds a valid Alaska driver's license that has not been suspended, revoked, cancelled, or limited within the three years before the form is returned; and

(C) the person has read and understands the regulations for emergency vehicle operation set out in 13 AAC 02.140, 13 AAC 02.517 and 13 AAC 04.100; and

(2) if requested by the commissioner or the commissioner's designee, the person provides a certified copy of the person's driving record.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70; am 6/12/97, Register 142; am 12/6/2001, Register 160

(2) a flashing or rotating light; or

(3) an alternately flashing light.

(d) A motor vehicle may not be equipped with more than two spotlights, nor may a spotlight be illuminated and directed so that a part of the high intensity portion of the beam strikes the windshield, windows, mirror or occupant of another vehicle operated on a roadway, except by a police officer in the performance of official duties.

(e) A lighting device or reflector mounted on the rear of a vehicle must display or reflect a red color, except the stop light or other signal device which may be red or yellow, and the light illuminating the registration plate and the light emitted by backup lights must be white. No backup light may be turned on when the vehicle is in forward motion.

(f) No person may operate a motor vehicle on a roadway with any color of light illuminated other than colors specified in this chapter.

History

Authority: AS 28.05.011

13 AAC 04.150 Special equipment on school bus

Repealed 6/28/79.

13 AAC 04.155 Lights on snow removal and other highway maintenance equipment

Repealed 7/23/70.

13 AAC 04.160 Selling or using lamps or equipment

Repealed 6/28/79.

Article 4 Brakes and Other Equipment

13 AAC 04.205 Brakes

(a) Except as otherwise provided in this chapter, every motor vehicle and every combination of vehicles must have a service braking system which will stop the vehicle or combination of vehicles within 40 feet from an initial speed of 20 miles per hour on a level, dry, smooth, clear, hard surface, except that a passenger car or other single-unit vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or less must be able to stop within 25 feet from an initial speed of 20 miles per hour on a similar surface.

(b) A motor vehicle or combination of vehicles, except a motor-driven cycle or bicycle, must have a parking brake system adequate to hold the vehicle or combination of vehicles on any grade on which driven under all conditions of loading, on a surface free from snow, ice, or loose material.

(c) A motor vehicle or combination of vehicles must comply with applicable federal motor vehicle safety standards adopted by the United States Department of Transportation.

(d) No driver may operate a motor vehicle on a public roadway or other vehicular way, towing a vehicle with a GVWR greater than 5,000 pounds, unless the following conditions are met:

(1) the towed vehicle must have operating brakes on at least two wheels on each side of a three axle vehicle, or one wheel on each side of a double or single axle vehicle;

(2) the towed vehicle requiring brakes must be equipped with an operating, breakaway system capable of applying all required brakes in the event of separation from the towing vehicle; and

(3) the towing vehicle must be of sufficient size and weight to safely control the towed vehicle.

(e) No person may operate a motor vehicle on the roadway towing more than one vehicle unless the towing vehicle weighs more than 15,000 pounds, has three or more axles, and is equipped with an air brake system for both the towing and towed vehicles.

(f) In this section, "GVWR" means the gross vehicle weight rating as defined in AS 28.90.990(a).

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 10/2/92, Register 123

13 AAC 04.210 Horns and warning devices

(a) A motor vehicle operated upon a highway or other vehicular way or area, except for snowmobiles, must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of at least 200 feet, but no horn or other warning device may emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn, but may not otherwise use the horn when upon a highway or other vehicular way or area.

(b) No vehicle may be equipped with, nor may a person use, a siren, whistle, or bell, except as otherwise permitted in this section.

(c) A vehicle may be equipped with a theft alarm signal device, which is installed so that it cannot be used by the driver as an ordinary warning signal. A theft alarm signal device may use a whistle, bell, horn or other audible signal, but may not use a siren.

(d) Every authorized emergency vehicle must be equipped with a siren, whistle or bell capable of emitting sound audible under normal conditions from a distance of at least 500 feet; the siren may be used only when the emergency vehicle is operated in response to an emergency call or is in the immediate pursuit of a suspected violator of the law. The driver of the emergency vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of its approach.

History

Authority: AS 28.05.011

13 AAC 04.215 Noise prevention; mufflers

(a) A motor vehicle must be equipped, maintained, and operated so as to prevent excessive or unusual noise and the escape of fumes into the vehicle. A motor vehicle must be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. No person may use a muffler cutout, bypass, or similar device, or modify the exhaust system of a motor vehicle in a manner which amplifies or increases the noise emitted by the engine of the vehicle above that emitted by the muffler originally installed on the vehicle for use on the highway or a vehicular way or area. A person may not alter an exhaust particle emission system built into a motor vehicle to decrease its effectiveness.

(b) The engine and power mechanism of a motor vehicle must be equipped and adjusted to prevent the escape of excessive fumes or smoke.

History

Authority: AS 28.05.011

13 AAC 04.220 Mirrors

(a) A motor vehicle must be equipped with a mirror mounted on the left side of the vehicle; every motor vehicle except a motor-driven cycle, bicycle, or off-highway vehicle, must be equipped with a mirror mounted either inside the vehicle approximately in the center, or outside the vehicle on the right side.

(b) The following motor vehicles must be equipped with mirrors on both the left and right sides of the vehicle:

(1) a bus or school bus;

(2) a motor vehicle constructed, loaded or designed to be loaded in a manner which obstructs the driver's view through the rear window; or

(3) a motor vehicle towing a vehicle when the towed vehicle or its load obstructs the driver's view through the rear window.

(c) All mirrors required by this section must be maintained in good condition and located to reflect to the driver a view to the rear of the vehicle.

History

Authority: AS 28.05.011

13 AAC 04.223 Tinted vehicle windows

(a) A person may not drive a motor vehicle on a highway, public road, street, or parking lot with mirrored tinting material on any window of the vehicle. Except as provided in this section, a person may not drive a motor vehicle on a highway, public road, street or parking lot with aftermarket tinting material or aftermarket striping material on any window of the vehicle.

(b) Aftermarket tinting of vehicle windows is allowed as follows:

(1) the front windshield may have a strip of tinting material applied to the top edge, known in the industry as an "eyebrow," which does not extend downward more than five inches from the top of the glass;

(2) the driver and front passenger side windows may have tinting material that permits at least 70 percent light transmittance;

(3) the rear door windows, quarter glasses, and back glasses may have tinting material that permits at least 40 percent light transmittance;

(4) limousines and passenger buses used to transport persons for hire, motor homes, and vehicles identified by the vehicle manufacturer as multipurpose may have tinting material that complies with Standard No. 205, Glazing Materials, in 49 C.F.R. 571.205 (1992).

(c) The windows of a vehicle may have tinting material that permits less light transmittance than that specified in (b) of this section if

(1) a driver or a passenger who frequently travels in the vehicle is required for medical reasons to be shielded from the direct rays of the sun;

(2) the medical reasons are certified annually by a physician licensed to practice in this state; and

(3) the certification is carried in the vehicle.

(d) Tinting materials must be green, gray, bronze, or neutral smoke in color, or a sun reflective auto film.

(e) Light transmittance must be measured by using a light transmittance measuring device with an allowance for manufacturing variances of plus or minus three percent. The accuracy of the device must be certified by the manufacturer.

(f) In this section, "light transmittance" means the ratio, expressed as a percentage, of the amount of total light that is allowed to pass through a window, including glazing, to the amount of total light falling on the window.

(g) All vehicles must comply with this section by July 1, 1994.

(h) A tinted rear window on a motor vehicle is exempt from regulations relating to the tinting or luminous transmittance materials used in motor vehicle windows, if the vehicle's owner has proof that the rear window tinting was installed before July 1, 1994, and the vehicle is equipped with driver-side and passenger-side rearview mirrors.

History

Authority: AS 28.05.011
Eff. 10/2/92 Register 123; am 4/2/94, Register 129; am 2/8/98, Register 145

13 AAC 04.225 Windshields and wipers

(a) No person may drive a motor vehicle which is not equipped with a windshield, nor may a person drive a motor vehicle equipped with a defective windshield or windows which obstructs, obscures or impairs the driver's view. This section does not require a windshield as equipment upon a motor-driven cycle, bicycle, or off-highway vehicle.

(b) No person may drive a motor vehicle with a sign, poster or other nontransparent material on the front windshield or window of the vehicle which obstructs, obscures, or impairs the driver's view; nor may a person drive a motor vehicle when there is an accumulation of snow, ice or frost on the windshield or windows which obstructs, obscures or impairs the driver's view.

(c) The windshield on a motor vehicle must be equipped with devices for cleaning rain, snow and other moisture from both sides of the windshield; the device must be constructed to be controlled or operated by the driver of the vehicle, and must be maintained in good working order.

(d) A motor vehicle required to have a windshield, except vehicles which do not have enclosed passenger compartments, must be equipped with a defrosting device to remove snow, ice, frost, or internal moisture from the windshield; this defrosting device must be maintained in good working order.

(e) Repealed 6/28/79.

(f) No person may sell or drive a motor vehicle or truck camper manufactured or assembled after July 1, 1968, unless it is equipped with safety glazing material constructed, treated or combined with other materials to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by glass which is cracked or broken.

(g) A person who drives on a highway a motor vehicle which is not equipped with a windshield in a position to deflect objects which would hit his face must wear an eye-protective device as prescribed for motorcycle operators in sec. 350 of this chapter.

History

Authority: AS 28.05.011

13 AAC 04.227 Steering assembly, wheel alignment and body condition

(a) No vehicle may be driven upon a highway or a vehicular way or area with loose or defective wheels or steering assembly which constitutes a hazard.

(b) No vehicle may be driven upon a highway or vehicular way or area with sharp protuberances, or with fenders, bumpers or other equipment removed, and which may endanger persons or other objects.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.230 Tires

(a) No person may drive or move on a highway a motor vehicle or trailer having a metal tire in contact with the roadway.

(b) No tire on a vehicle moved on a highway may have on its periphery a protuberance of a material other than rubber which projects beyond the tread of the traction surface of the tire, except that it is permissible to use

(1) implements of husbandry with tires having protuberances which will not injure the highway;

(2) tire chains when required for safety because of snow, ice or other conditions which may cause a vehicle to skid; or

(3) pneumatic tires having studs designed to improve traction without substantially injuring the surface of the highway; however, their use may be limited to certain months or types of vehicles, or both.

(c) The Department of Transportation and Public Facilities or a municipality, in their respective jurisdiction, may issue a special permit authorizing the driving of a traction engine or tractor, except a snow vehicle, having movable tracks with transverse corrugations on the periphery of the movable tracks, or a farm tractor or other farm machinery, which would otherwise be prohibited under this section. The driver of the vehicle must provide planking under the treads to protect the surface of the roadway or bridge.

(d) Every solid rubber tire on a vehicle must have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.

(e) No person may drive a vehicle with a tire in unsafe operating condition or with a tread depth of less than two thirty-seconds of an inch measured in two adjacent tread grooves at three equally spaced intervals around the circumference of the tire. No tread measurements may be made at the location of a tread wear indicator, tie bar, hump or fillet.

(f) No person in the business of selling, repairing or installing tires may sell, offer for sale, or install for highway use a tire which is in unsafe condition or which has a tread depth of less than two thirty-seconds of an inch measured as specified in (e) of this section.

History

Authority: AS 28.05.011

13 AAC 04.235 Safety glazing material in motor vehicle

Repealed 6/28/79.

13 AAC 04.240 Certain vehicles to carry flares or other devices

(a) Except as provided in (c) of this section, no person may drive a truck, bus, truck-tractor or a motor vehicle towing a mobile home or pole trailer upon a highway outside the corporate limits of a municipality unless there is carried in the vehicle the following equipment:

(1) three flares, three red electric lanterns, or three portable red emergency reflectors;

(2) three red-burning fusees unless red electric lanterns or red portable emergency reflectors are carried with the vehicle; and

(3) two red cloth flags at least 12 inches square with standards to support the flags and visible for a distance of at least 600 feet under normal atmospheric conditions.

(b) No person may drive at night, or other times set out in sec. 10 of this chapter, a motor vehicle used for the transportation of an explosive, a cargo tank truck used for the transportation of a flammable liquid or a compressed gas, or a motor vehicle using compressed gas as a fuel, unless there is carried in the vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of (c) of this section. A vehicle listed in this subsection may not carry in the vehicle a flare, fusee, or another signal produced by flame.

(c) No flare, fusee, electric lantern or portable reflector unit may be used for compliance with the requirements of this section unless the device is designed and constructed so as to be capable of displaying or reflecting red light clearly visible and distinguishable from all distances within 600 feet under normal atmospheric conditions at night or other times set out in sec. 10 of this chapter, when directly in front of lawful lower beams of headlights required by this chapter.

History

Authority: AS 28.05.011

13 AAC 04.245 Display of warning lights and devices when vehicle is stopped or disabled

(a) When a vehicle described in sec. 240(a) of this chapter is disabled, stopped, or parked on a shoulder of a highway outside a municipality in a manner which presents a hazard to traffic, and at a time when lights are required to be illuminated under sec. 10 of this chapter, the driver of the vehicle must display the following warning devices, except as provided in (b) of this section:

(1) a lighted fusee, a lighted red electric lantern, or a portable red emergency reflector, which must immediately be placed at the traffic side of the vehicle in the direction of the nearest approaching traffic; and

(2) as soon as possible, and within the burning period of the fusee (15 minutes), the driver shall place three liquid-burning flares (pot torches), three lighted red electric lanterns, or three portable red emergency reflectors on the roadway in the following order:

(A) one approximately 100 feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;

(B) one approximately 100 feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by the vehicle; and

(C) one at the traffic side of the disabled vehicle at least 10 feet behind or forward of the vehicle in the direction of the nearest approaching traffic.

(b) When a vehicle referred to in this section is disabled within 500 feet of a curve, hillcrest or other obstruction to view, the warning device in the direction of the obstruction as required in (a) of this section must be placed to afford ample warning to other users of the highway, but may not be placed less than 100 feet or more than 500 feet from the disabled vehicle.

(c) When a vehicle described in sec. 240(a) of this chapter is disabled upon a roadway of a divided highway during the time lights are required, the warning devices required in (a) and (e) of this section must be placed as follows:

(1) one at a distance of approximately 200 feet from the vehicle and in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;

(2) one at a distance of approximately 100 feet from the vehicle in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and

(3) one at the traffic side of the vehicle and approximately 10 feet from the vehicle in the direction of the nearest approaching traffic.

(d) Repealed 6/28/79.

(e) When a motor vehicle used in the transportation of an explosive, a cargo tank truck used for the transportation of a flammable liquid or compressed gas, or a vehicle using compressed gas as a fuel is disabled or stopped for more than 10 minutes at a time and place described in (a), (b), or (c) of this section, the driver will immediately display red electric lanterns or portable red emergency reflectors as specified in (a), (b), or (c) of this section. No flare, fusee or signal produced by flame may be used as a warning dev ice for a vehicle of the types mentioned in this subsection. When the vehicle is disabled or stopped at a time when lights are not required to be illuminated by sec. 10 of this chapter, in addition to the requirements of this subsection, the driver shall also comply with the requirements of (f) of this section.

(f) When a vehicle described in sec. 240(a) of this chapter is disabled at a time when lights are not required to be illuminated by sec. 10 of this chapter, the driver of the disabled vehicle shall display two red flags as follows:

(1) if traffic on the roadway moves in two directions, one flag must be placed approximately 100 feet to the rear of the vehicle, and one flag must be placed approximately 100 feet in advance of the vehicle; both flags must be placed in the center of the lane occupied by the disabled vehicle;

(2) upon a one-way roadway, one flag must be placed approximately 100 feet and one flag approximately 200 feet in the direction of approaching traffic; both flags must be placed in the center of the lane occupied by the disabled vehicle.

(g) When a motor vehicle other than that described in (a) or (e) of this section is disabled, stopped, or parked on a shoulder of a roadway in a manner which presents a hazard to traffic, the driver must display the following warning devices:

(1) at a time when lights are required to be illuminated under sec. 10 of this chapter, a driver must activate the emergency flashers or parking lights when the vehicle has no emergency flashers;

(2) at a time when lights are not required to be illuminated by sec. 10 of this chapter, a driver must attach a white flag or marker to the top of the antenna or to a part of the vehicle on the roadway side so as to be visible to vehicles approaching on the same side of the highway as the disabled or stopped vehicle; if a white flag or marker is unavailable, then any color may be used; in addition, emergency flashers should be activated where practicable.

(h) When a vehicle is disabled, stopped entirely off the roadway and is in a hazardous position, the warning devices required in this section must be placed, as nearly as practicable, on the shoulder near the edge of the roadway. "Hazardous position" means when any portion of a disabled vehicle or its load is on or extends onto a roadway or the left side of the vehicle or its load is within a distance of eight feet from the edge of a roadway.

(i) The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to be displayed as required in this section must conform with the requirements of sec. 240 of this chapter applicable to those devices.

History

Authority: AS 28.05.011

13 AAC 04.247 Color and special equipment on school buses

(a) Every school bus used for pupil transportation must be painted National School Bus Chrome Yellow (National Bureau of Standards Color #1305). No other vehicle may display this color. A bus originally painted and used as a school bus which is no longer used as a school bus must be painted a color other than National School Bus Chrome Yellow before it may be driven on a highway or vehicular way or area.

(b) When transporting a school child to or from a school activity, a school bus must display signs as follows:

(1) the words "SCHOOL BUS" in black letters at least eight inches in height on a contrasting background, plainly visible to the front and rear; and

(2) the words "UNLAWFUL TO PASS WHEN RED LIGHTS FLASH" in black letters at least four inches but not more than six inches in height on a white background on the rear of the bus.

(c) A school bus with a manufacturer's rated capacity of 24 or more students must be equipped with a stop arm mounted on the left side of the vehicle. The lights on the stop arm must be automatically activated with the red flashing lights required by sec. 97(a) of this chapter. The stop arm must be at least 17 inches high at the side opposite the hinge and, when fully extended, extend 19 inches from the bus. The word "STOP" must be displayed on the stop arm in white letters on a red background, and two alternately flashing red lights must be mounted, one above the other, on the left side of the arm, which must flash and be visible to the front and rear when the arm is fully extended.

(d) The signs required by (b) of this section may not be displayed nor may the stop arm required by (c) of this section be extended on a school bus during times it is being used to transport persons not under the supervision of a school.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.250 Vehicles using compressed gas fuel

A vehicle using compressed gas as a fuel must

(1) vent the fuel storage compartment at the lowest points; and

(2) display, clearly and legibly, an approved sign or decal maintained in good condition and mounted on the outside of the fuel storage compartment bearing the words "COMPRESSED GAS FUEL" with conspicuous letters at least one inch in height on a sharply contrasting background; the sign or decal must be reflectorized to increase nighttime visibility.

History

Authority: AS 28.05.011

13 AAC 04.252 Slow-moving-vehicle emblem

(a) Every animal-driven vehicle and implement of husbandry or combination of these vehicles designed for or driven at speeds less than 25 miles per hour must be equipped with a slow-moving-vehicle emblem mounted on the rear, except that

(1) when the towed unit or a load on the towed unit obscures the slow-moving-vehicle emblem on the towing unit, the towed unit must be equipped with a slow-moving-vehicle emblem, and the towing vehicle need not display the emblem; or

(2) when the slow-moving-vehicle emblem on the towing unit is not obscured by the towed unit or its load, either unit may be equipped with the emblem.

(b) The emblem required by (a) of this section must be a reflectorized equilateral triangle meeting the requirements of the American Society of Agricultural Engineers in effect on the effective date of this section.

(c) No person may display a slow-moving-vehicle emblem except as provided in this section, or display the emblem on a vehicle traveling at a speed in excess of 25 miles per hour.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.255 Air-conditioning equipment

(a) In this section, "air-conditioning equipment" means mechanical vapor compression refrigeration equipment used to cool the driver or passenger compartment of a motor vehicle.

(b) Air-conditioning equipment must be manufactured, installed, and maintained with regard for the safety of the occupants of the vehicle and the public, and may not use or contain a refrigerant toxic to persons, or flammable, explosive, corrosive or otherwise hazardous.

(c) Manufacture, installation, maintenance and use of air-conditioning equipment will, as far as practicable, conform to the standards applicable to the equipment as approved by the Society of Automotive Engineers on the effective date of this section.

(d) No person may drive on a highway or other vehicular way or area, equip, sell, or offer for sale, a motor vehicle equipped with air-conditioning equipment which does not meet the requirements of this section.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70

13 AAC 04.257 Emission-control systems

When a motor vehicle is equipped with an emission-control system or when a motor vehicle is required by a statute or regulation to have an emission-control system, the system must be maintained in good working order.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.260 Television receivers and headsets

(a) A motor vehicle driven in this state may not be equipped with television-type receiving equipment located where the viewer or screen is visible from the driver's seat.

(b) A driver of a motor vehicle may not wear a headset, headphones, or other headgear designed for receiving sound and transmitting sound to the driver, or wear ear plugs or a similar device which reduces the driver's hearing ability while driving a vehicle.

(1) used exclusively for safety or law enforcement purposes;

(2) used for communications between motorcyclists, including between a motorcycle operator and passenger;

(3) used for and designed to improve a driver's hearing ability; or

(4) that are navigational devices, such as a global positioning system (GPS) or a long-range navigation system (LORAN).

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70; am 2/8/98, Register 145; am 9/7/2012, Register 203

13 AAC 04.265 Antispray device

(a) No person may drive a motor vehicle unless it has a device which effectively reduces the wheel spray or splash of water or other substance to the rear of the vehicle.

(b) The device required in (a) of this section must be installed and maintained so that the device placed behind a wheel extends downward to a distance of 14 inches from the surface of the ground when the vehicle is standing on level ground.

History

Authority: AS 28.05.011

13 AAC 04.270 Safety belts

(a) A passenger car manufactured or assembled after January 1, 1965, must be equipped with lap belt assemblies for use in the driver's and one other front seat position. A motor vehicle manufactured or assembled after January 1, 1968, except a motorcycle or off-highway vehicle, must be equipped with lap or shoulder belts required by the United States Department of Transportation in effect on the effective date of this section.

(b) No person may distribute, offer for sale, sell or install a seat belt or shoulder harness for use in a motor vehicle unless the belt or harness meets minimum standards and specifications of the United States Department of Transportation in effect on the effective date of this section.

History

Authority: AS 28.05.011
Eff. 12/15/61, Register 3; am 8/10/66, Register 22; am 12/31/69, Register 31; am 6/28/79, Register 70

13 AAC 04.271 Safety belt exemption

Motor vehicles used to transport prisoners, by state or municipal authorities, are exempt from the safety belt requirement under AS 28.05.095, due to the physical conditions of those being transported.

History

Authority: AS 28.05.011; AS 28.05.096
Eff. 12/20/2002, Register 164

13 AAC 04.272 Energy absorption systems

If a motor vehicle was equipped, when assembled, with bumpers or other collision energy absorption or attenuation system, the system must be maintained in good operating condition, and no person may remove, disconnect, cause or knowingly permit the removal or disconnection of a part of the system, except temporarily in order to make repairs, replacements, or adjustments, during which time the vehicle may not be driven.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.275 Towed vehicles; connections and safety devices

(a) A vehicle towed upon a street or highway must be coupled to its towing vehicle by means of a safety chain, chains, cable or equivalent device, in addition to the regular hitch or coupling. No additional connecting device may contain more slack than is necessary to permit proper turning of the vehicles connected, and the additional connecting safety devices must be connected to both the towing and the towed vehicles and to the drawbar or other rigid connecting device in a manner which will prevent the drawbar or other rigid connecting device from dropping to the ground in the event of its failure. The additional safety devices must be of sufficient strength to retain control of the towed vehicle in the event of failure of the rigid connecting device.

(b) The requirements of (a) of this section do not apply to a towed vehicle which is connected to a towing vehicle by a connecting device composed of a fifth wheel and kingpin assembly.

(c) Except as provided in (e) of this section, when one vehicle is towing another, the drawbar or other rigid connection must be of sufficient strength to pull all of the weight towed. The drawbar or other connection may not exceed 15 feet in length from one vehicle to the other, except if the connection is between two vehicles, one or both of which transports poles, pipes, machinery or other materials of a structural nature which cannot be readily dismembered.

(d) Except for an implement of husbandry or a pole trailer, the drawbar or other connecting device must connect the towed vehicle to track within six inches of the immediately preceding vehicle to which it is connected.

(e) When one vehicle is towing a disabled vehicle and, because of emergency or other extenuating circumstances, there is no rigid connecting device between a towing and a towed vehicle, there must be displayed upon the connection a white flag or cloth at least 12 inches square.

(f) The provisions of this section do not apply to snowmobiles or other off-highway vehicles.

History

Authority: AS 28.05.011
Eff. 12/31/69, Register 31; am 6/28/79, Register 70

(a) A motorcycle must be equipped with multi-beam road-lighting equipment meeting the requirements of 13 AAC 04.020(a) and (e).

(b) A motor-driven cycle must have at least one headlight mounted at a height of not more than 54 inches and not less than 24 inches, and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet when the motor-driven cycle is operated at a speed of 20 or less miles per hour, at a distance of at least 200 feet when the motor-driven cycle is operated at a speed between 20 and 30 miles per hour, and at a distance of at least 300 feet when the motor-driven cycle is operated at a speed of 30 or more miles per hour.

(c) A bicycle, when ridden at the times when lights are required under 13 AAC 04.010(a)(1) and (2), must be equipped with at least one light on the front of the bicycle, emitting white light visible from a distance of at least 500 feet in front of the bicycle under normal atmospheric conditions.

(d) The lights required by this section for a motor-driven cycle must be turned on at all times when the vehicle is driven upon a highway or vehicular way or area.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 6/12/97, Register 142

13 AAC 04.325 Taillights

(a) A motorcycle or motor-driven cycle must have at least one taillight meeting the illumination requirements of 13 AAC 04.010, mounted at a height of not more than 72 inches nor less than 15 inches. A bicycle must be equipped with a taillight which displays a red light visible 500 feet to the rear of the bicycle.

(b) Either a taillight or a separate light must be placed to illuminate, with a white light, the rear registration plate on a motorcycle or motor-driven cycle as required in 13 AAC 04.025(c).

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.330 Stop and turn lights

(a) A motorcycle or motor-driven cycle must be equipped with at least one stop light meeting the requirements of 13 AAC 04.035(c).

(b) Except for a motorcycle or a motor-driven cycle manufactured or assembled before January 1, 1980, a motorcycle or motor-driven cycle must be equipped with turn signals meeting the requirements of 13 AAC 04.037(b).

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 10/2/92, Register 123

13 AAC 04.335 Reflectors

(a) A motorcycle or motor-driven cycle must be equipped on the rear, either as part of the taillight or separately, with at least one red reflector meeting the requirements of 13 AAC 04.030(a).

(b) Every bicycle, when ridden at the time when lights are required under 13 AAC 04.010, must be equipped with a red reflector on the rear of the bicycle and reflective material visible from the sides of the bicycle meeting the visibility requirements of 13 AAC 04.030(a). Nothing in this subsection prohibits the use of additional reflectors or reflective materials upon a bicycle.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.340 Brakes

(a) A motorcycle or motor-driven cycle must be equipped with a service braking system which will stop the vehicle within 25 feet from an initial speed of 20 miles per hour on a level, dry, clear, hard surface. A motorcycle or motor-driven cycle must comply with applicable motor vehicle safety standards adopted by the United States Department of Transportation.

(b) Every bicycle must be equipped with a brake system, maintained in good working condition, which will enable its driver to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

13 AAC 04.345 Handgrips, footrests, and handlebars

(a) A motorcycle or motor-driven cycle carrying a passenger, other than in a sidecar or enclosed cab, must be equipped with handgrips and footrests for each passenger.

(b) A person may not drive a motorcycle or motor-driven cycle with handlebars higher than the shoulder height of the operator when seated on the motorcycle or motor-driven cycle, unless otherwise intended and designed by the manufacturer.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 2/27/97, Register 141

13 AAC 04.350 Equipment for riders

(a) Except as otherwise provided by statute, a person operating or riding upon a motorcycle or motor-driven cycle upon a public roadway must wear protective headgear that complies with standards of the United States American National Standard Institute Safety Code Z 90.1 - 1971, United States Motor Vehicle Safety Standard No. 218 (49 C.F.R. 571.218), or is approved by the Snell Memorial Foundation, Underwriter Laboratories, Factory Mutual, United States Department of Transportation, or a comparable foreign testing authority acceptable to the department. The wearing of protective headgear is not required during offroad riding of a motorcycle or a motor-driven cycle.

(b) No person may drive a motorcycle or motor-driven cycle unless he is wearing an eye-protective device which complies with the standards provided by American National Standards Institute Safety Code Z 2.1 - 1959, except when the motor-driven cycle is equipped with a windscreen or windshield as provided in 13 AAC 04.355(b).

(c) No person may rent, lease or loan a motorcycle or motor-driven cycle to another person unless he includes the protective eye and headgear required by this section, except if the person to whom the cycle is rented, leased or loaned has the equipment meeting the requirements of this section.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 10/2/92, Register 123

13 AAC 04.355 Other equipment

(a) Every motor-driven cycle and bicycle must be equipped as required by the applicable provisions of 13 AAC 04.210, 13 AAC 04.220, 13 AAC 04.230, and 13 AAC 04.257.

(b) A motorcycle or motor-driven cycle windshield must rise 15 inches above the highest point of the handlebars or grips, whichever is less, and must be made of glazing material meeting the requirements of sec. 225(f) of this chapter or be clear plastic.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70

Article 6 Equipment on Snowmobiles and Off-Highway Vehicles

13 AAC 04.400 Lights and reflectors

(a) A snowmobile, all-purpose vehicle, or other off-highway vehicle which is driven during the times when lights are required by 13 AAC 04.010 must be equipped with at least one headlight, aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead under normal atmospheric conditions.

(b) A snowmobile, all-purpose vehicle, or other off-highway vehicle must be equipped with one red light, one stop-signal light and one red reflector, which must be mounted upon the rear or rear cowling of the vehicle. The lights must be visible from a distance of at least 1,000 feet to the rear. The reflector must be visible from a distance of at least 600 feet to the rear when directly in front of the lawful lower beams of the headlights on a motor vehicle other than a snowmobile or an off-highway vehicle.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 1/1/2022, Register 240

13 AAC 04.405 Brakes

A snowmobile, all-purpose vehicle, or other off-highway vehicle must be equipped with brakes which will control the movement, stop, and hold the vehicle under normal driving conditions on any grade upon which it normally may be driven, and under all conditions of loading.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 1/1/2022, Register 240

13 AAC 04.410 Throttle

A snowmobile, all-purpose vehicle, or other off-highway vehicle operated by hand or foot controls must be equipped with a throttle or idle spring in good working condition which, when released, will return the engine speed to idle, close the carburetor, and disengage the clutch.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 1/1/2022, Register 240

13 AAC 04.415 Mufflers and emission-control systems

(a) A snowmobile, all-purpose vehicle, or other off-highway vehicle must be equipped with a carburetor intake, exhaust muffler, and an emission-control system in good working order, and may not use a muffler cutout, bypass, or other similar device.

(b) An exception to the requirements of (a) of this section may be made under a special racing permit as provided in AS 05.35.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 1/1/2022, Register 240

13 AAC 04.420 Other equipment

(a) The following equipment is required on a snowmobile, all-purpose vehicle, or other off-highway vehicle:

(1) a rear snowflap installed to deflect downward a cleat or other object or material which may be thrown by the track or wheels;

(2) a protective shield over all moving parts;

(3) reflectors placed on the sides or side cowling which meet the standards established by the Society of Automotive Engineers in effect on the effective date of this section;

(4) when towing a sled or other object, a rigid drawbar no greater than 10 feet in length; and

(5) a spark arrester.

(b) Every golf cart, regardless of the number of wheels, when operated on a highway or vehicular way or area must comply with the requirements applicable to snowmobiles and other off-highway vehicles, and with relevant and consistent equipment requirements established for motorcycles by this chapter.

History

Authority: AS 28.05.011
Eff. 6/28/79, Register 70; am 1/1/2022, Register 240

Eff. 3/14/93, Register 125; repealed 11/16/2004, Register 172

Chapter 06 Inspection of Vehicles

13 AAC 06.010 Unlawful to drive unsafe vehicle

Repealed.

History

Eff. 7/5/75, Register 54; repealed 10/1/94, Register 131

13 AAC 06.020 Owner or driver to comply with inspection requirements

Repealed.

13 AAC 06.030 Inspection by officer

Repealed.

13 AAC 06.040 Roadside inspection

Repealed.

History

Eff. 12/31/69, Register 31; am 7/5/75, Register 54; repealed 10/1/94, Register 131

13 AAC 06.050 Notice and approval of repair or adjustment - exception

Repealed.

History

Eff. 12/31/69, Register 31; am 7/5/75, Register 54; repealed 10/1/94, Register 131

13 AAC 06.060 Periodic inspection required

Annulled under AS 44.62.320, passed 5/26/76.

13 AAC 06.070 Official Inspection Stations

Annulled under AS 44.62.320, passed 5/26/76.

13 AAC 06.080 Display of certificate of inspection

Annulled under AS 44.62.320, passed 5/26/76.

13 AAC 06.090 Prohibited practices

Repealed.

History

Eff. 12/31/69, Register 31; am 7/5/75, Register 54; repealed 10/1/94, Register 131

Chapter 08 Driver Licensing and Safety Responsibility

Eff. 12/31/69, Register 31; am 5/2/81, Register 78; am 9/1/87, Register 103; repealed 7/1/2006, Register 178

13 AAC 08.035 Restricted permit

Repealed 2/7/91.

13 AAC 08.040 Cancellation of permit

Repealed.

History

Eff. 12/31/69, Register 31; am 5/2/81, Register 78; am 9/1/87, Register 103; repealed 7/1/2006, Register 178

13 AAC 08.045 Suspension or revocation of permit

Repealed.

History

Eff. 12/31/69, Register 31; am 5/2/81, Register 78; am 9/1/87, Register 103; repealed 7/1/2006, Register 178

13 AAC 08.050 Period of suspension or revocation

Repealed.

History

Eff. 12/31/69, Register 31; am 5/2/81, Register 78; am 9/1/87, Register 103; repealed 7/1/2006, Register 178

13 AAC 08.055 Re-examination

Repealed.

History

Eff. 12/31/69, Register 31; am 5/2/81, Register 78; am 9/1/87, Register 103; repealed 7/1/2006, Register 178

13 AAC 08.060 Definitions

Repealed

History

Eff. 12/31/69, Register 31; am 5/2/81, Register 78; am 9/1/87, Register 103; repealed 7/1/2006, Register 178

Article 2 Safety Responsibility

13 AAC 08.075 Declaration of intent

Repealed 1/26/79.

13 AAC 08.080 Application of regulations

Repealed.

History

Eff. 12/31/69, Register 31; am 1/26/79, Register 69; repealed 7/1/2006, Register 178

13 AAC 08.085 Reports required

Repealed.

History

Eff. 12/31/69, Register 31; am 1/26/79, Register 69; repealed 7/1/2006, Register 178

13 AAC 08.090 Security deposit

Repealed.

History

Eff. 12/31/69, Register 31; am 1/26/79, Register 69; repealed 7/1/2006, Register 178

13 AAC 08.095 Release from liability

Repealed.

History

Eff. 12/31/69, Register 31; am 1/26/79, Register 69; repealed 7/1/2006, Register 178

13 AAC 08.100 Agreement for payment of damages

Repealed.

History

Eff. 12/31/69, Register 31; am 1/26/79, Register 69; repealed 7/1/2006, Register 178

13 AAC 08.105 Form of notice

Repealed.

History

Eff. 12/31/69, Register 31; am 7/23/70, Register 35; am 1/26/79, Register 69; repealed 7/1/2006, Register 178

13 AAC 08.110 Proof of financial responsibility for the future

Repealed.

History

Eff. 1/26/79, Register 69; repealed 7/1/2006, Register 178

Article 3 Classified Driver's Licenses

13 AAC 08.140 Unlawful use of classified license

Repealed.

History

Eff. 8/15/75, Register 55; am 3/30/84, Register 89; repealed 7/1/2006, Register 178

13 AAC 08.150 Classes of licenses

Repealed.

History

Eff. 8/15/75, Register 55; am 3/30/84, Register 89; am 8/29/85, Register 95; am 2/7/91, Register 117; repealed 7/1/2006, Register 178

13 AAC 08.160 Medical certification required for certain licenses and permits

Repealed 3/30/84.

13 AAC 08.170 Notification of conviction

Repealed.

History

Eff. 2/7/91, Register 117; repealed 7/1/2006, Register 178

13 AAC 08.190 Definitions

Repealed.

History

Eff. 2/7/91, Register 117; repealed 7/1/2006, Register 178

Eff. 11/4/74, Register 52; am 12/1/78, Register 68; am 3/28/82, Register 81; repealed 7/1/2006, Register 178

13 AAC 08.260 Personal interview - Requests for administrative review: waiver and notice: request for formal hearing

Repealed 12/1/78.

13 AAC 08.265 Suspension for failure to appear for driver improvement interview or failure to comply with recommendations made in driver improvement interview

Repealed.

History

Eff. 12/1/78, Register 68; am 3/28/82, Register 81; repealed 7/1/2006, Register 178

13 AAC 08.270 Departmental hearing; Scope of review

Repealed 12/1/78.

13 AAC 08.275 Form of notice of suspension for point accumulation

Repealed.

History

Eff. 12/1/78, Register 68; am 3/28/82, Register 81; repealed 7/1/2006, Register 178

13 AAC 08.280 Determination of point value at reinstatement

Repealed 12/1/78.

13 AAC 08.285 Administrative review of suspension for point accumulation

Repealed.

History

Eff. 12/1/78, Register 68; am 3/28/82, Register 81; repealed 7/1/2006, Register 178

13 AAC 08.290 Definitions

Repealed.

History

Eff. 11/14/74, Register 52; am 12/1/78, Register 68; repealed 7/1/2006, Register 178

Eff. 5/2/81, Register 78; repealed 7/1/2006, Register 178

Eff. 3/23/85, Register 93; repealed 7/1/2006, Register 178

Chapter 09 Sex Offender and Child Kidnapper Registration

13 AAC 09.010 Duty of register

Repealed.

History

Eff. 12/31/95, Register 136; repealed 11/3/99, Register 152

13 AAC 09.020 Initial registration

Repealed.

History

Eff. 12/31/95, Register 136; repealed 11/3/99, Register 152

13 AAC 09.025 Registration forms

(a) The department will approve or provide forms for an offender or a registration agency to submit registration information to the department, including

(1) initial registration information required under AS 12.63.010(b)(1);

(2) a photograph required under AS 12.63.010(b)(2);

(3) a set of fingerprints required under AS 12.63.010(b)(2);

(4) notice of change of address required under AS 12.63.010(c);

(5) annual or quarterly verification of registration information required under AS 12.63.010(d);

(6) proof of unconditional discharge date as provided in AS 12.63.020(a)(2)(A) and (C) and 12.63.020(b);

(7) proof of compliance with a sex offender registration program in a jurisdiction outside this state as provided in AS 12.63.020(a)(2)(B);

(8) proof that an offender is not physically present in this state as provided in AS 18.65.087(a);

(9) a request to review or have corrected information maintained in the registry about the offender as provided in AS 18.65.087(d);

(10) a request to appeal an adverse decision under (9) of this subsection;

(11) notice of establishment of or change to an electronic mail address, instant messaging address, or other Internet communication identifier required under AS 12.63.010(b) and (c).

(b) The department's forms will contain a notice that offenders who move out of this state must comply with registration requirements of their new locations.

(c) When an offender appears in person to submit information to a registration agency, the registration agency shall collect the information from the offender on a form approved or provided by the department. The registration agency shall review the completed form in the presence of the offender. If the form or any document submitted in connection with the form has obvious discrepancies, is incomplete, or is not legible, the registration agency may not accept the form until the offender makes all necessary corrections.

(d) When an offender submits a registration form to a registration agency without appearing in person, the registration agency shall review the form. If the form or any document submitted in connection with the form has obvious discrepancies, is incomplete, or is not legible, the registration agency will notify the offender of the need for corrections and may not accept the form until the offender makes all necessary corrections.

(e) If registration information is accepted by a registration agency, an offender is considered to have submitted the information on the date that

(1) it is delivered in person to a registration agency;

(2) it is postmarked, if mailed;

(3) delivery is documented according to written instructions on a registration form, if a method of delivery other than in-person or mail is approved by the department.

(f) An offender who is unable to submit registration information required under AS 12.63.010(b)(1) or (d) because the offender is incapacitated is not exempt from the registration requirements. A court-appointed guardian may submit registration forms on the offender's behalf. The department may require a copy of the guardianship order or other proof satisfactory to the department that the offender is incapacitated.

History

Authority: AS 12.63.010; AS 12.63.020; AS 18.65.087
Eff. 11/3/99, Register 152; am 4/15/2009, Register 190

13 AAC 09.027 Duration of registration

(a) In determining the duration of an offender's duty to register under AS 12.63.020, the department will review

(1) the offender's criminal history records;

(2) information the department has obtained about the offender under AS 18.65.087(a);

(3) convictions for offenses that are a violation of the law of another jurisdiction to determine if the convictions are for offenses similar to those requiring registration under AS 12.63.

(b) If a court judgment misinforms or fails to inform an offender of the duration of the offender's duty to register, the department's determination under (a) of this section takes precedence. The department will notify the offender in writing of the correct registration period.

(c) Twelve months will be added to the duration of an offender's duty to register under AS 12.63.020(a)(2) for each calendar year during which the offender, for a total of 30 or more days, either fails to comply with AS 12.63 or is incarcerated. The department will notify the offender in writing of any change to the duration of the offender's duty to register made under this subsection.

History

Authority: AS 12.63.020; AS 18.65.087
Eff. 4/15/2009, Register 190

13 AAC 09.030 Registration verification

(a) Within 90 days after an offender registers under this chapter, the department will mail the offender a registration verification form that includes, based on the most recent information the department has obtained about the offender under AS 18.65.087(a),

(1) a statement of the duration of the offender's duty to register;

(2) an explanation of the annual or quarterly schedule by which the offender must submit registration verification information to the department for the duration of the offender's duty to register;

(3) the name of the offender's registration agency.

(b) If five or more years have passed since the date of an offender's registration photograph or there is another reason to believe the offender's appearance has changed significantly, a registration agency may instruct the offender in writing

(1) to appear in person at the registration agency to allow a photograph to be taken; or

(2) if authorized in writing by the department, to submit a new photograph without appearing in person.

History

Authority: AS 12.63.010; AS 18.65.087
Eff. 12/31/95, Register 136; am 11/3/99, Register 152

13 AAC 09.040 Notice of change of residence; mailing address

(a) An offender shall, in complying with AS 12.63.010(c) and providing notice of change of residence, provide the offender's mailing address. The offender shall furnish the information on a form approved or provided by the department.

(b) For the purposes of AS 12.63.010, an offender is considered to have changed residence on the date that the offender leaves the residence without intending to return to continue living there, or the date that the offender has been away from the residence for 30 consecutive days, whichever occurs first.

History

Authority: AS 12.63.010; AS 18.65.087
Eff. 12/31/95, Register 136; am 11/3/99, Register 152

13 AAC 09.044 Proof of unconditional discharge

The department will, upon its verification for accuracy and completeness, consider an offender to have submitted satisfactory proof of unconditional discharge upon receipt of a

(1) department form that includes the name, mailing address, and phone number of a court or correctional official who may be contacted by the department to confirm the offender's assertion of the unconditional discharge date; and

(2) copy of a court judgment, court order, certificate of unconditional discharge, letter, or other document signed by an employee of a court or correctional agency showing, for the offense for which the offender is required to register,

(A) the unconditional discharge date;

(B) the full statute or ordinance citation and descriptive title;

(D) if assigned by the court, the charge or count number.

History

Authority: AS 12.63.010; AS 12.63.020; AS 18.65.087
Eff. 11/3/99, Register 152

13 AAC 09.046 Proof of physical presence outside this state

For purposes of proving that an offender is not physically present in this state and that information about that person should be removed from the central registry established under AS 18.65.087(a), the department will, upon its verification for accuracy and completeness, consider the person to have submitted satisfactory proof when the person submits a department form that includes the signature of an official from

(1) a registration program in a jurisdiction outside this state verifying that the person is in compliance with the registration requirements of that program; or

(2) a government agency from a jurisdiction outside this state verifying that the person is physically present in that jurisdiction.

History

Authority: AS 12.63.010; AS 18.65.087
Eff. 11/3/99, Register 152

13 AAC 09.050 Release and use of central registry information; fees

(a) The department will provide information in the central registry that is subject to public disclosure under AS 18.65.087 for any purpose, to any person, without charge, by posting or otherwise making it available for public viewing in printed or electronic form.

(b) The department will charge a fee of $10 for each request to provide

(1) a printed copy, including a photograph if it is available, of registry information about one registrant who is specified by name; or

(2) a printed copy of the list of all registrants in a geographical area; in this paragraph, "geographical area" means

(A) a municipality or village;

(B) an area designated by a single postal ZIP code; or

(c) If the department determines that it is in the public interest, the department will reduce or waive the fee described in (b) of this section.

History

Authority: AS 12.62.160; AS 12.63.010; AS 18.65.087
Eff. 12/31/95, Register 136; am 2/15/98, Register 145; am 11/3/99, Register 152

13 AAC 09.060 Correction of information

(a) Upon receiving a completed department form from a person asking the department to review or correct information maintained in the registry about that person, the department will respond in writing within 30 days. If the request is denied, the department will state the reasons for the decision.

(b) An adverse response under (a) of this section may be appealed to the commissioner within 30 days after the person receives the response. The appeal must be in writing and must set out the reasons for the appeal. The commissioner will respond in writing within 45 days after receipt of the appeal.

(d) Repealed 4/15/2009.

History

Authority: AS 18.65.087
Eff. 12/31/95, Register 136; am 11/3/99, Register 152; am 4/15/2009, Register 190

13 AAC 09.070 Appeals

An offender may appeal a final decision of the department by filing a notice of appeal with the superior court within 30 days after the date that the final decision appealed from is mailed or otherwise distributed.

History

Authority: AS 18.65.087
Eff. 4/15/2009, Register 190

13 AAC 09.900 Definitions

(a) In this chapter and AS 12.63, unless the context requires otherwise,

(1) "Alaska state trooper post" means a permanent office of the department's division of Alaska state troopers or division of Alaska wildlife troopers;

(2) "electronic mail address" means a destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which an electronic mail message can be sent or delivered;

(3) "instant messaging address" means any identifier that allows a person to communicate in real time with another person using the Internet;

(4) "Internet" means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to that protocol, to communicate information of all kinds by wire or radio;

(5) "jurisdiction" means

(A) the 50 states;

(B) the District of Columbia;

(D) Guam;

(E) American Samoa;

(F) the Northern Mariana Islands;

(G) the United States Virgin Islands; and

(H) Indian tribes that have elected to function as a registration jurisdiction under 42 U.S.C. 16927 (Sex Offender Registration and Notification Act);

(6) "other Internet communication identifier" means any designation defining a person that is used for the purposes of chat room discussions, instant messaging, social networking, or other similar electronic communication.

(b) In this chapter, unless the context requires otherwise,

(1) "conviction" has the meaning given in AS 12.63.100;

(2) "days" means calendar days;

(3) "department" means the Department of Public Safety;

(4) "offender" means a person required to comply with registration requirements under AS 12.63; "offender" includes both a sex offender and a child kidnapper;

(5) "offense" means a conviction for which a person is required to register under AS 12.63;

(6) "registration agency" means

(A) for an offender who is incarcerated in a state correctional facility, the state correctional facility in which the offender is incarcerated;

(B) for an offender who is not incarcerated in a state correctional facility

(i) if the offender's residence address is in the Municipality of Anchorage, the department's central registry of sex offenders and child kidnappers in Anchorage;

(ii) if the offender's residence address is outside the Municipality of Anchorage, the Alaska state trooper post or municipal police department nearest to the offender's residence address;

(7) "registration program" means a system of registration that qualifies for federal funding under 42 U.S.C. 14071 (Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program Act);

(8) "state correctional facility" has the meaning given in AS 33.30.901;

(9) "unconditional discharge" has the meaning given in AS 12.55.185;

(10) "chat room" means any Internet service through which a number of users can communicate in real time so that communications are almost immediately available to all other users or to a designated segment of all other users;

(11) "social networking" means an Internet website that

(A) allows users, through the creation of web pages or profiles or other means, to provide information about themselves that is available publicly or to other users; and

(B) offers a means of communication with other users, such as a forum, chat room, electronic mail, or instant messaging.

(1) a court of another jurisdiction;

(2) the victim of the offense or a member of the victim's family;

(3) an employer of the offender;

(4) an acquaintance or a neighbor of the offender;

(5) a member of the offender's family.

History

Authority: AS 12.63.010; AS 18.65.087
Eff. 12/31/95, Register 136; am 11/3/99, Register 152; am 4/15/2009, Register 190

Chapter 20 General Administration

Article 1 Search and Rescue of Persons

13 AAC 20.005 Declaration of intent

13 AAC 20.005 - 13 AAC 20.035 are for the guidance of persons who authorize and who coordinate search and rescue parties under the provisions of AS 18.60.120 - 18.60.175.

History

Authority: AS 18.60.175
Eff. 7/1/70, Register 34; am 5/22/81, Register 78

13 AAC 20.010 Expenditure limitations

The expenditure of funds for search and rescue parties will be made by the department only if

(1) the department is notified that a person is lost, injured, killed, or in need of immediate rescue, and authorization for a search and rescue party for the purpose of rescuing or retrieving the person or his remains is given by the commissioner or his designee before the expenditure; or

(2) repealed 5/22/81.

History

Authority: AS 18.60.175
Eff. 7/1/69, Register 30; am 7/6/70, Register 34; am 5/22/81, Register 78

13 AAC 20.015 Approval of expenditures

(a) The expenditure of an amount up to one percent of the maximum amount of the search and rescue fund provided for under AS 18.60.145 will be authorized by the commissioner or his designee if

(1) the requirements of 13 AAC 20.010 are met;

(2) the expenditure is supported by billings from the individual claimants which itemize the expenditure claimed;

(3) the billings are accompanied by a completed "application for payment" form (12-107);

(4) the expenditure is reasonable; and

(5) all unexpended materials are turned over to the department as required by 13 AAC 20.025.

(b) If the commissioner approves, he will state the additional amount that may be spent in excess of that allowed in (a) of this section, by completing part C of the "application for payment" form.

(c) Requests for payment of expenditure which are received by the commissioner 30 days after the authorized search or rescue operation terminated will not be approved unless the commissioner is satisfied that extenuating circumstances justified the delay.

History

Authority: AS 18.60.175
Eff. 7/1/69, Register 30; am 7/6/70, Register 34; am 5/22/81, Register 78

13 AAC 20.020 Commissioner's designee

The detachment commander, or in his absence his deputy at each detachment headquarters installation of the division of state troopers, is a designee of the commissioner for the purpose of authorizing a search and rescue operation and the expenditure of up to one percent of the maximum amount of the search and rescue fund. His signature must be affixed to the "application for payment" form in each instance that he authorized expenses for a search and rescue operation.

History

Authority: AS 18.60.175
Eff. 7/1/69, Register 30; am 7/6/70, Register 34; am 5/22/81, Register 78

13 AAC 20.025 Property purchased

(a) All items that are purchased for search and rescue operations which are directly or indirectly to be paid for by the state under AS 18.60.120 - 18.60.175 and which are not used up during the search and rescue operation for which they were purchased become the property of the state at the time a claim for reimbursement is made and must be turned over to the department at that time.

(b) Reimbursement will not be approved for the purchase of any item which is unnecessarily or intentionally abused or damaged or which is negligently lost or misplaced.

(c) Reimbursement will not be approved for the purchase of an item if at the time of purchase the department had readily available like items which could have been obtained in a timely manner, unless a request was made to the department before the purchase and authorization for the expenditure was given.

(d) The department will, in its discretion, place items not used up in the care and custody of a recognized search and rescue organization. The authorized representative of the organization must sign a receipt for the property; he is responsible for the care and custody until the property is returned to the department or is used up during a search and rescue operation authorized by the department.

History

Authority: AS 18.60.175
Eff. 7/6/76, Register 34; am 5/22/81, Register 78

13 AAC 20.030 Report of search

(a) A person who is appointed to organize, direct, and guide search and rescue operations under the provisions of AS 18.60.120, shall, within 10 days after completion of the operation, submit a written report to the commissioner or his designee.

(b) The written report required by (a) of this section must include the following information:

(1) the time of notification and commencement of the operation;

(2) the beginning and ending dates of the operation;

(3) the names and addresses of the persons who gave notification of the need for the operation and of those in need of search and rescue;

(4) the details of the operation; and

(5) the result of the operation.

History

Authority: AS 18.60.175
Eff. 7/6/70, Register 34; am 5/22/81, Register 78

13 AAC 20.035 Definitions

In 13 AAC 20.005 - 13 AAC 20.035, unless the context requires otherwise

(1) "commissioner" means the commissioner of public safety;

(2) "department" means the Department of Public Safety;

(3) "notification" means either verbal or written notification to the department that a person is lost, injured, killed, or in need of immediate rescue;

(4) "search and rescue,""search operation," or "operation" means an authorized action which involves the continuous search for one or more persons who are reported lost, injured, killed, or in need of immediate rescue; an operation which is discontinued for a period in excess of 24 hours may be resumed upon receipt of additional information or reason to resume, which is satisfactory to the commissioner or his designee, and may be considered another operation for purposes of billing and expenditure.

History

Authority: AS 18.60.175
Eff. 7/1/69, Register 30; am 7/6/70, Register 34; am 5/22/81, Register 78

Article 2 (Repealed)

13 AAC 20.200. Permits for oversize or overweight vehicles.

13 AAC 20.200 has been deleted because sec. 3, ch. 77, SLA 1982 repealed AS 28.05.011(8), the statute under which that regulation was adopted. Chapter 77, SLA 1982 also transferred the responsibility for this subject to the Department of Commerce and Economic Development; see AS 44.33.020(25)

Deleted as of Register 83, October 1982.

Chapter 25 Administration and Business and Occupational Regulations

Eff. 2/1/69, Register 28; repealed 7/1/2006, Register 178

Eff. 7/1/69, Register 30; repealed 1/10/97, Register 140

Eff. 4/1/90, Register 113; repealed 1/10/97, Register 140

Chapter 30 Concealed Handgun Permits

13 AAC 30.010 Issuance of new permits; replacement of a permit

(a) Repealed 5/8/2002.

(b) A permit issued under AS 18.65.700 - 18.65.790 authorizes the permittee to carry a concealed handgun as provided by AS 11 and AS 18.65.700 - 18.65.790.

(c) The department will replace a permit if the permittee appears in person at an office of the Alaska State Troopers to certify under oath, on a form provided by the department, that the permit has been lost, stolen, or destroyed and to provide the items required by AS 18.65.730. Replacement of a permit under this subsection does not change the expiration date of that permit.

(d) The department will issue a permit to carry a concealed handgun to an honorably retired peace officer of this state who complies with the requirements of AS 18.65.700(e) and

(1) repealed 5/8/2002;

(2) repealed 5/8/2002;

(3) provides the department with proof of

(A) handgun training as specified in 13 AAC 30.090(a); or

(B) handgun qualification as specified in 13 AAC 30.090(d).

History

Authority: AS 18.65.700; AS 18.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

13 AAC 30.020 Permit renewals

Repealed.

History

Eff. 1/4/95, Register 132; am 12/9/98, Register 148; repealed 5/8/2002, Register 162

13 AAC 30.030 Permit upgrades

Repealed.

History

Eff. 1/4/95, Register 132; repealed 5/8/2002, Register 162

13 AAC 30.040 Fees

(a) Before processing an application for a permit, certificate, or other service under this chapter, the department will collect a nonrefundable fee as follows:

(1) new permit application fee . . . . . $40 plus the fees required for fingerprint processing under 13 AAC 68.900, if applicable;

(2) permit renewal . . . . . $25;

(3) permit replacement . . . . . $25;

(4) repealed 5/8/2002;

(5) new permit application fee for an honorably retired peace officer . . . . . $40.

(b) The department will conduct a periodic review of the cost of administering the program under this chapter and may adjust the fees set out in (a) of this section after compliance with the AS 44.62 (Administrative Procedures Act).

History

Authority: AS 18.65.720; AS 18.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

13 AAC 30.050 Processing of applications; appeals

(a) Repealed 5/8/2002.

(b) An application for a

(1) new permit

(A) from a person who is not applying as an honorably retired peace officer under AS 18.65.700(e) is complete when the requirements of AS 18.65.700(a) and this chapter have been met;

(B) from a person who is applying as an honorably retired peace officer under AS 18.65.700(e) is complete when the requirements of AS 18.65.700(e), 13 AAC 30.085, and 13 AAC 30.090 have been met;

(2) replacement permit is complete when the requirements of AS 18.65.730 and 13 AAC 30.032 have been met;

(3) permit renewal is complete when the requirements of AS 18.65.725 have been met;

(4) repealed 5/8/2002;

(5) handgun course certificate of approval is complete when the requirements of 13 AAC 30.070 have been met.

(d) The department's permits and licensing unit will request permit eligibility information from the Federal Bureau of Investigation, or another agency, that is necessary to make a determination concerning the application.

(e) Review of an application for a permit, certificate, or other service under this chapter will be discontinued if

(1) a fee check is returned by a financial institution as being without sufficient funds or is otherwise uncollectible;

(2) discrepancies or omissions are present in the application, or in documents submitted with the application, or the application or accompanying documents have not been completed correctly;

(3) fingerprints accompanying the application are not sufficiently readable for manual or computer use, or the information required to be submitted on fingerprint forms has not been completed correctly;

(4) the department determines that the application or a document submitted in connection with the application contains a false statement that the applicant does not believe to be true; or

(5) the department determines that the applicant is not otherwise qualified or entitled to obtain the permit, certificate, or other service requested.

(f) If review of an application is discontinued under (e) of this section, the department will mail to the applicant the department's written reasons for the discontinuance. The department will resume reviewing the application if, within 90 days after the date of the department's written notice that review has been discontinued, the applicant provides supplementary information to the department that resolves the reason for the discontinuance; and necessary supplementary information is described in 13 AAC 30.130(a) if the discontinuance is related to the criteria under AS 18.65.700(a)(8). The department will reject the application if that information is not provided to the department within 90 days after the date of the department's written notice to the applicant that review has been discontinued.

(g) If after review of an application, the application is denied, the department will mail to the applicant a notice of denial containing written reasons for the denial. A person whose application has been denied may appeal to the commissioner for reversal of the decision. The appeal must be received in writing within 30 days after the date of the notice of denial, and must set out the reasons for the appeal. The decision of the commissioner or the commissioner's designee will be in writing and will be made within 45 days after receipt of the appeal.

(h) A person whose application has been rejected or denied under this section

(1) may not apply again for a period of five years if the rejection or denial was for the reason set out in (e)(4) of this section and the false statement related to a material matter;

(2) repealed 5/8/2002.

(i) The department shall issue a permit that states that the permit holder is "not nics exempt" if the permit holder's fingerprints have been rejected by the Federal Bureau of Investigation as not sufficiently readable for manual or computer use.

History

Authority: AS 18.65.710; AS 18.65.720; AS 18.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

13 AAC 30.060 Suspension and revocation of permits; appeals

(a) If the department suspends a permit under AS 18.65.735, the department immediately will mail or deliver a notice of the suspension to the permittee. The permittee is required by AS 18.65.735 to immediately surrender the permit to the nearest peace officer.

(b) A suspension of a permit under (a) of this section remains in effect until the permit is revoked or the permittee provides proof satisfactory to the department that the reason for suspension has been rectified.

(c) If the department revokes a permit under AS 18.65.740, the department immediately will mail or deliver a notice of the revocation to the permittee. The permittee is required by AS 18.65.740 to surrender the permit to the nearest peace officer.

(d) For purposes of revocation under AS 18.65.740, the date of conviction is the date sentence was imposed or imposition of sentence was suspended under AS 12.55.085 or a similar procedure in another jurisdiction.

(e) If a peace officer believes that a permit is subject to suspension or revocation under AS 18.65.735 or 18.65.740, the officer shall immediately notify the department's permits and licensing unit of the identity and location of the permittee and the grounds for suspension or revocation.

(f) A permittee who becomes subject to suspension or revocation under (a) or (c) of this section shall immediately notify the department and surrender the permit to the nearest peace officer.

(g) If, under 13 AAC 30.130(b), the department has reason to believe that a permittee suffers from a physical infirmity that may prevent the safe handling of a handgun, the department will mail or deliver to the permittee a notice that the department intends to revoke the permittee's permit because of the physical infirmity. After mailing or delivery of the notice, the following procedures apply:

(1) the permittee may submit to the department, within 30 days after the date of the notice, a written report by a physician, optometrist, or other competent medical authority, who can lawfully practice in this state, that, as determined from an examination within the six months before the date of the notice, the permittee does not suffer from the physical infirmity;

(2) if the permittee demonstrates to the department that circumstances beyond the permittee's control prevent the submission of the report within the 30 days, the department will extend the deadline for 15 days;

(3) if the necessary report is not received by the department by the deadline in (1) or (2) of this subsection, whichever is applicable, the permit is automatically revoked and the department will so notify the permittee;

(4) if the permittee submits a report by the deadline set in (1) or (2) of this subsection, but the department determines that the report does not substantiate that the permittee does not suffer from the physical infirmity, the department will mail or deliver to the permittee a notice that the permittee, within 30 days after the date of the notice under this paragraph, may submit another report to meet the requirements of (1) of this subsection;

(5) if a second report is necessary under (4) of this subsection but is not received by the department by the deadline set by that paragraph, the permit is automatically revoked and the department will so notify the permittee;

(6) if a permit is revoked under this subsection, the permittee, upon receipt of the revocation notice under (3) or (5) of this subsection, shall immediately surrender the permit to the nearest peace officer;

(7) if the department timely receives a report that meets the requirements of this subsection, the department will notify the permittee that the permit is not revoked;

(8) a permittee whose permit is revoked under this subsection may appeal the revocation under the procedures in (j) of this section.

(h) If, under 13 AAC 30.130(b), the department has reason to believe that a permittee is not able to safely or competently handle a handgun, the department will mail or deliver to the permittee a notice that the department intends to revoke the permittee's permit. After mailing or delivery of the notice, the following procedures apply:

(1) the permittee may submit to the department, within 30 days after the date of the notice, a certificate of completion from an approved handgun course verifying that the permittee has, no earlier than six months before the date of the notice, taken and successfully completed the part of the handgun course described in 13 AAC 30.070(a)(1)(A)(iv);

(2) if the permittee demonstrates to the department that circumstances beyond the permittee's control prevent the submission of the certificate of completion within the 30 days, the department will extend the deadline for 15 days;

(3) if the certificate of completion required by (1) of this subsection is not received by the department by the deadline in (1) or (2) of this subsection, whichever is applicable, the permit is automatically revoked and the department will so notify the permittee;

(4) if a permit is revoked under this subsection, the permittee, upon receipt of the revocation notice under (3) of this subsection, shall immediately surrender the permit to the nearest peace officer;

(5) if the department timely receives the certificate of completion required by (1) of this subsection, the department will notify the permittee that the permit is not revoked;

(6) a permittee whose permit is revoked under this subsection may appeal the revocation under the procedures in (j) of this section.

(i) A peace officer who receives a surrendered permit shall immediately

(1) notify the department's permits and licensing unit, identifying the permittee who surrendered the permit, and the date, time, and location the permit was surrendered; and

(2) send the surrendered permit to the department's permits and licensing unit.

(j) A person who has surrendered a permit because it has been revoked under this section may appeal to the commissioner for reversal of the revocation. The appeal must be received in writing within 30 days after the date of the notice of revocation, and must set out the reasons for the appeal. The decision of the commissioner or the commissioner's designee will be in writing and will be made within 45 calendar days after receipt of the appeal.

(k) A person whose permit is revoked

(1) under AS 18.65.740(a)(1) or (3) may not apply for a new permit under 13 AAC 30.010 sooner than five years following the date of the notice of revocation;

(2) under AS 18.65.740(a)(2) may not apply for a new permit under 13 AAC 30.010 until the person qualifies under AS 18.65.705(4).

(l) A permit that is revoked under (g) or (h) of this section may be reinstated if the former permittee provides proof to the department that the reason for revocation has been rectified and complies with the requirements of AS 18.65.725 if the person applies for renewal no later than the 31st day after the original permit would have expired had it not been revoked. If the former permittee does not meet the deadline in this subsection for reinstatement of the permit, the former permittee may apply for a new permit under 13 AAC 30.010, and must provide proof to the department that the reason for revocation has been rectified.

History

Authority: AS 18.65.735; AS 18.65.765 AS 18.65.740; AS 18.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

13 AAC 30.070 Approval of handgun courses

(a) A person who or organization that wishes to provide a handgun course for the purposes of AS 18.65.715 shall apply to the department, on a form provided by the department, for approval of the course. After processing and review under 13 AAC 30.050, the department will approve the course and will issue a certificate of approval if

(1) the application contains sufficient curriculum and course information to show that

(A) the curriculum includes at least 12 hours of training in the use of handguns that instructs the student in

(i) knowledge of Alaska law relating to firearms and the use of deadly force, including instruction in statutes, administrative regulations, and case law;

(ii) the basic concepts of the safe and responsible use of handguns;

(iii) knowledge of self-defense principles; and

(iv) the physical handling, mechanics, carrying, transporting, storage, loading, and unloading of handguns, including a test of competence with a handgun;

(B) the instruction in the subjects listed in (A)(ii) - (A)(iv) of this paragraph will be provided by an instructor for whom information has been submitted to the department as provided in (3) of this subsection;

(C) the instruction in the subjects listed in (A)(i) of this paragraph will be provided by an attorney licensed to practice law in this state, or by a person with a valid certification as a police officer issued by the Alaska Police Standards Council;

(2) the application contains information sufficient to substantiate that the course will ensure that

(A) a student who has successfully completed instruction in the subjects listed in (1)(A) of this subsection will be provided with a certificate showing the course title, printed name and signature of the primary training instructor, the student's printed name, the student's Alaska driver's license or identification card number, the name of the organization conducting the instruction, the date of successful completion of the instruction, and a statement that the student has demonstrated physical competence with a handgun as required by AS 18.65.715; and

(B) upon request, the department will be

(i) allowed access to course facilities during times of instruction;

(ii) allowed access at reasonable times to all records related to the applicant's handgun course;

(iii) provided with documentation to confirm the attendance and completion records of a student who applies for a permit;

(iv) provided with other information needed to assess the course's qualification for purposes of AS 18.65.715;

(3) the application is accompanied by the following for each course instructor described in (1)(B) of this subsection:

(A) complete instructor information on a form provided by the department, signed by the instructor and the person signing the application under this section, and containing the information specified in (b) of this section;

(B) two sets of fingerprints, obtained as specified in 13 AAC 30.100(b), and the fee required by 13 AAC 68.900, unless two sets of the instructor's fingerprints have been submitted to the department, for purposes of this chapter, within the 12 months preceding the date of the application; and

(b) A completed instructor information form required by (a)(3) of this section must

(1) show that the subject instructor is eligible to possess a firearm under the laws of this state and under federal law;

(2) state the subject instructor's Alaska driver's license number or identification card number; and

(3) have attached to it a copy of a certificate of training showing that

(A) the subject instructor has successfully completed a handgun instructor's training course recognized by the department under (d) of this section as providing adequate handgun instructor training; and

(B) the subject instructor's signed statement that the subject instructor remains current with the standards of that handgun instructor's training course.

(c) The instructor information form provided by the department and referred to in (a) and (b) of this section will contain the statement that a person signing the form

(1) understands that an investigation may be conducted regarding the information given on the form, including a search of computer records; and

(2) the person authorizes the investigation.

(d) The department will recognize a handgun instructor's training course as providing adequate handgun instruction training if the course provides students with instruction in

(1) how to instruct in the topics set out in (a)(1)(A) of this section;

(2) preparing a curriculum and course outline for a handgun training course;

(3) organizing and conducting a handgun training course;

(4) use of visual aids and techniques in student skill development; and

(5) proper testing techniques.

(e) An application for a certificate of approval for a handgun course must be signed by a person designated as the chief operating officer of the course. In addition to the penalty provided in AS 18.65.710(a)(6), a false statement made in an application, on a form, or in other information provided to the department under this section for the purposes of this chapter and AS 18.65.700 - 18.65.790 is punishable under AS 11.56.210.

(f) A person who or organization that has been issued a certificate of approval under this section shall notify the department's permits and licensing unit in writing if the person or organization is no longer providing instruction on an annual basis.

(g) As used in this section, "instruction" or "instructs" includes testing in the subject matter of the curriculum.

History

Authority: AS 18.65.715; AS 18.65.775
Eff. 1/4/95, Register 132; am 5/8/2002, Register 162

13 AAC 30.080 Revocation of handgun course certificate of approval

(a) Except as provided in (b) of this section, the department will immediately revoke a handgun course certificate of approval issued under 13 AAC 30.070, and will mail to the certificate holder a notice of the revocation, if the

(1) department has reason to believe that the handgun course no longer meets the requirements of 13 AAC 30.070(a) for approval of a handgun course; or

(2) certificate holder submitted an application under 13 AAC 30.070, or a document in connection with the application, that contained a

(A) false statement that the applicant does not believe to be true; or

(B) material misstatement or omission.

(b) If the department obtains information about an instructor of an approved handgun course that would result in denial of the handgun course's application for a certificate of approval if the application was being considered by the department, the department will immediately notify the chief operating officer of the handgun course that, in order to retain the course's certificate of approval, the instructor may not be allowed to continue providing instruction for purposes of AS 18.65.715. The course of instruction being provided by that instructor at the time of notice under this subsection will not satisfy the requirements of AS 18.65.700 - 18.65.790 and 13 AAC 30.010 - 13 AAC 30.900. If the department determines that the instructor is continuing to provide instruction for purposes of AS 18.65.715, the department will immediately revoke the handgun course's certificate of approval and will mail to the certificate holder a notice of revocation.

(c) The holder of a certificate of approval that is revoked under this section may appeal the revocation to the commissioner. The appeal must be received in writing within 30 days after the date of the notice of revocation, and must set out the reasons for the appeal. The decision of the commissioner or the commissioner's designee will be in writing and will be made within 45 calendar days after receipt of the appeal.

(d) The holder of a certificate of approval that is revoked under this section shall immediately surrender the certificate by sending it to the department's permits and licensing unit.

(e) A certificate of approval that is revoked under this section may be reinstated if the person or organization operating the handgun course (1) provides proof to the department that the reason for the revocation has been rectified; and (2) resubmits an application for a certificate of approval that meets the requirements of 13 AAC 30.070. However, a certificate of approval that was revoked for the reason set out in (a)(2) of this section may not be reinstated sooner than one year following the date of the notice of revocation under this section.

History

Authority: AS 18.65.715; AS 18.65.775
Eff. 1/4/95, Register 132

13 AAC 30.085 Establishing eligibility as an honorably retired peace officer

To establish eligibility as an "honorably retired peace officer of this state" for the purposes of AS 18.65.700(e), the applicant must provide

(1) evidence satisfactory to the department to show

(A) employment as a peace officer with a law enforcement agency in this state

(i) for two or more years before terminating employment as a peace officer; and

(ii) within the one year before application for a permit under this chapter; and

(B) the person did not terminate employment as a peace officer in lieu of firing, suspension, or other involuntary separation or employee discipline; and

(2) repealed 5/8/2002.

History

Authority: AS 18.65.700; AS 18.65.775
Eff. 12/9/98, Register 148; am 5/8/2002, Register 162

13 AAC 30.090 Proof of handgun training

(a) Proof of handgun training for purposes of obtaining a new permit is established by providing to the department, at the time of the application, a copy of a certificate of successful completion of an approved handgun course; the certificate must contain the information required by 13 AAC 30.070(a)(2)(A) and must show that a course described in 13 AAC 30.070(a) has been completed within the 12 months immediately before submitting the application.

(b) Repealed 12/9/98.

(d) An honorably retired peace officer making application under AS 18.65.700(e) desiring to satisfy the handgun qualification requirements for a permit by demonstrating that the applicant has qualified with a handgun within five years of the peace officer's termination of employment from the law enforcement agency must submit a notarized copy of the applicant's record of the handgun qualification and a copy of the law enforcement agency's handgun qualification policy along with the applicant's completed application. The record of handgun qualification must indicate that the applicant's score met or exceeded the minimum passing standard under the handgun qualification policy. For purposes of this subsection, "handgun qualification policy" means the standards by which a person qualified to carry a handgun as part of the person's official duties as a peace officer for the law enforcement agency.

History

Authority: AS 18.65.715; AS 18.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148

13 AAC 30.100 Photographs and fingerprints

(a) A photograph submitted under AS 18.65.700 - 18.65.790 and this chapter must be one frontal view that includes the head and shoulders, must be taken within the 30 days before submission, and must be of a size, color, and condition that will allow the photograph to be processed in the department's identification production equipment. Applications and other forms provided by the department under this chapter will contain detailed specifications for the photograph, necessary for processing.

(b) Fingerprints submitted under AS 18.65.700 - 18.65.790 and this chapter must be taken within the 90 days before submission on forms approved by the Federal Bureau of Investigation and in accordance with instructions on those forms. If the fingerprints submitted by an applicant are not sufficiently readable, the applicant must obtain another set at the applicant's expense. Fingerprints may be taken by (1) a law enforcement agency or state correctional facility; or (2) a person, not affiliated with a law enforcement agency or state correctional facility, who has received the department's written approval to take fingerprints. A list of persons or agencies approved to take fingerprints will be made available to the public.

History

Authority: AS 18.65.700; AS 18.65.730 AS 18.65.725; AS 18.65.775
Eff. 1/4/95, Register 132; am 5/8/2002, Register 162

13 AAC 30.110 Notification of places where concealed handguns may not be carried

(a) Repealed 5/8/2002.

(b) Nothing in this chapter or in AS 18.65.700 - 18.65.790 precludes a person from posting, to the extent allowed by law, a notice regarding the carrying of a concealed handgun.

History

Authority: AS 18.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

13 AAC 30.120 Form of permits

A permit will

(1) display a color photograph of the permittee;

(2) show the permittee's name, mailing and residence address, date of birth, and physical description including height, weight, race, hair color, and eye color;

(3) show the expiration date of the permit; and

(4) repealed 5/8/2002.

History

Authority: AS 18.65.775
Eff. 1/4/95, Register 132; am 5/8/2002, Register 162

13 AAC 30.130 Qualifications regarding safe handling of a handgun

(a) The department, under 13 AAC 30.050, will discontinue review of an application for a permit or permit renewal, if the department has reason to believe that the applicant suffers from a physical infirmity that may prevent the safe handling of a handgun. The department will request from the applicant, as supplementary information under 13 AAC 30.050(f), a written report by a physician, optometrist, or other competent medical authority, who can lawfully practice in this state, that the applicant does not currently suffer from a physical infirmity that prevents the safe handling of a handgun.

(b) The department will notify a permittee that it intends to revoke a permit under 13 AAC 30.060(g) or (h) if, after investigation of a report from a criminal justice agency, physician or other medical provider, or member of the general public relating to the handling of a handgun by, or the physical condition of, a permittee, the department has reason to believe that a permittee

(1) suffers from a physical infirmity that may prevent the safe handling of a handgun, the department will use the procedures set out in 13 AAC 30.060(g) to revoke the permit;

(2) is not able to safely or competently handle a handgun, the department will use the procedures set out in 13 AAC 30.060(h) to revoke the permit.

(c) The department will not investigate a report relating to the handling of a handgun by, or the physical condition of, a permittee unless the report

(1) is in writing;

(2) is signed; and

(3) provides specific information pertaining to the permittee's physical condition or handling of a handgun.

History

Authority: AS 18.65.700; AS 18.65.710 AS 18.65.705; AS 18.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

13 AAC 30.140 Application forms

(a) The department will provide application forms for persons to use in applying for a permit, certificate of approval, or other service under this chapter. An application form submitted under this chapter, and any document accompanying an application form, must be completed in ink.

(b) Along with an application form, the department will provide to an applicant for a permit

(1) a copy of the definitions of the following terms, as set out in 13 AAC 30.900:

(A) alcohol treatment program;

(B) convicted;

(D) resident; and

(E) substance abuse treatment program;

(2) a concise summary of where, when, and by whom a handgun can be carried under state and federal law; and

(3) written notice that, for purposes of AS 18.65.705(4) and (5), the date of conviction is the date sentence was imposed or imposition of sentence was suspended under AS 12.55.085 or a similar procedure in another jurisdiction.

History

Authority: 18.65.70018.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148

13 AAC 30.150 Reciprocity

The department will post, on its official Internet website, the status of reciprocity with another state or a political subdivision of another state. The department will distribute a list of those jurisdictions with reciprocity to a person who makes a request.

History

Authority: AS 18.65.748; AS 18.65.775
Eff. 5/8/2002, Register 162

13 AAC 30.800 Confidentiality

Repealed.

History

Eff. 1/4/95, Register 132; repealed 5/8/2002, Register 162

13 AAC 30.900 Definitions

(a) In this chapter,

(1) repealed 5/8/2002;

(2) repealed 12/9/98;

(3) "approved handgun course" means a handgun course that has a certificate of approval under 13 AAC 30.070;

(4) "competence" has the meaning given in AS 18.65.790;

(5) "commissioner" means the commissioner of the Department of Public Safety;

(6) "convicted" or "conviction" means that a person has entered a plea of guilty or no contest to, or has been found guilty by a court or jury of, a criminal offense, regardless of whether the judgment was after that set aside under AS 12.55.085 or a similar procedure in another jurisdiction, or was the subject of a pardon or other executive clemency, but does not include a judgment that has been reversed or vacated by a court as a result of motion, appellate action, petition for writ of habeas corpus, or application for post-conviction relief under Rule 35.1 of the Alaska Rules of Criminal Procedure or a similar procedure in another jurisdiction;

(7) "department" means the Department of Public Safety;

(8) repealed 12/9/98;

(9) "office of the Alaska State Troopers" means an office of

(A) the Department of Public Safety, division of Alaska state troopers;

(B) the Department of Public Safety, division of fish and wildlife protection; or

(C) a municipal police department that has submitted a written request to the commissioner to accept applications for concealed handgun permits, and has been approved in writing by the commissioner to accept applications;

(10) "permit" means a permit to carry a concealed handgun issued under this chapter;

(11) "permittee" means a person to whom a permit has been issued.

(12) "nics" means National Instant Check System administered by the Federal Bureau of Investigation.

(b) As used in AS 18.65.700 - 18.65.790,

(1) "alcohol treatment program" means counseling about the effects of the consumption of alcohol on human behavior and physiology, whether provided individually or in a group, by a public or private agency, or on an in-patient or out-patient basis;

(2) "approved handgun course" means a course of handgun instruction operated by the holder of a certificate of approval issued under 13 AAC 30.070;

(3) "convicted" has the meaning given in (a) of this section;

(4) repealed 12/9/98;

(5) "felony" means an offense punishable by more than a year of incarceration if committed by an adult, under the laws of this state or a similar law of another jurisdiction;

(6) repealed 12/9/98;

(7) "judge" means a judge, justice, magistrate, or deputy magistrate of this state or the United States, whether sitting in a regular or pro tem capacity, but does not include a special or standing master, or an administrative law judge or hearing officer;

(8) repealed 12/9/98;

(9) repealed 12/9/98;

(10) "resident" has the meaning given in AS 01.10.055;

(11) "statement" has the meaning in AS 11.56.240;

(12) "substance abuse treatment program" means counseling about the effects on human behavior and physiology, of the consumption of alcohol, illegal drugs, or other controlled substances, excluding tobacco, whether provided individually or in a group, by a public or private agency, or on an in-patient or out-patient basis;

(13) repealed 12/9/98;

(14) "honorably retired peace officer of this state" means a peace officer who establishes eligibility under 13 AAC 30.085;

(15) "peace officer" has the meaning given in AS 11.81.900.

(c) As used in AS 18.65.700 - 18.65.790 and this chapter, "identification card" means an identification card, issued by the department, that contains a photograph of the person named on the card.

History

Authority: AS 18.65.755; AS 18.65.775
Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

Chapter 40 General Provisions

13 AAC 40.010 Definitions

(a) Unless otherwise provided or the context requires otherwise, in AS 28, 13 AAC 02, 13 AAC 04, and 13 AAC 05 of this title,

(1) "alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for use by through vehicular traffic;

(2) "arterial street" means a United States or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by a municipality within its respective jurisdiction as part of an interlocking system of streets or highways;

(3) "authorized emergency vehicle" means a vehicle equipped as required by 13 AAC 04.090, 13 AAC 04.095, and 13 AAC 04.210 and which is used by a publicly maintained fire or police department, airport security police, a public or private ambulance service, a vehicle of a federal agency which is designated as an emergency vehicle by that agency, or other vehicles designated by the commissioner; the term does not include a person's private vehicle equipped as provided by 13 AAC 04.100;

(4) "authorized flagman" means every person who is directing or regulating traffic as required by statute, regulation or ordinance, or by contract or agreement, and who is wearing and equipped with the warning devices set out in the Alaska Traffic Manual, published by the Department of Transportation and Public Facilities;

(5) "bicycle" means a vehicle propelled exclusively by human power upon which a person may ride, having two tandem wheels or three wheels in contact with the ground, except scooters and similar devices;

(6) "bus" means every motor vehicle designed to transport 16 or more passengers including the driver;

(7) "business district" means the territory contiguous to and including a highway, other than a controlled-access highway, when within any 600 feet along the highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, office buildings, railroad stations or public buildings other than schools which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway; however, if the highway is physically divided into two or more roadways, only those buildings facing each roadway separately may be regarded;

(8) "centerline" means the line, marked or unmarked, parallel to and approximately equidistant from the sides of a roadway or highway, or a plainly marked dividing line on a roadway between lanes of traffic traveling in opposite directions which may or may not be equidistant from the sides of the roadway or highway;

(9) "controlled-access highway" means every highway, street, or roadway where access to or from the highway is determined by the public authority having jurisdiction over the highway, street or roadway;

(10) "cowling" means the forward or rear portion of a snowmobile surrounding the motor and clutch assembly;

(11) "crosswalk" means that portion of a roadway at an intersection which is between an extension of a sidewalk which ends on the opposite side of the roadway or, in the absence of a sidewalk, that portion of the roadway which is an extension of the edge of the roadway to the opposite side of the roadway and between a parallel line 10 feet from that extension in a direction away from the intersection, except as modified by a marked crosswalk on a portion of a roadway at an intersection or elsewhere which is distinctly indicated by lines or other markings on the surface of the roadway;

(12) "dazzle" means to cause a person to lose clear vision due to the effect of a brilliantly shining light;

(13) "dismantle" means the taking, removing, or stripping of parts of a vehicle so that the vehicle cannot be used for its primary function without substantial repair or reconstruction;

(14) "divided highway" means a highway divided into two or more roadways by leaving an intervening space or by a physical barrier or by a clearly indicated dividing section;

(15) "driveaway-towaway operation" means an operation in which a motor vehicle or a trailer, singly or in combination, constitutes the commodity being transported, when one or more sets of wheels of the towed vehicle are on the roadway during the course of transportation, whether or not the towed vehicle furnishes motive power;

(16) "emergency lifesaving or medical services" means medical assistance given to a person whose circumstances, in the opinion of a reasonably prudent person, are such that his life or well-being is endangered;

(17) "explosives" means a chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, and which contains oxidizing and combustible units or other ingredients in proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonation of a part of the compound or mixture may cause a sudden generation of highly heated gases which are capable of producing destructive effects on objects, life or limb;

(18) "flammable liquid" means a liquid which has a flashpoint of 60 degrees centigrade (140 degrees Fahrenheit), or less, as determined by tagliabue or equivalent closed-cup test device, and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 37.8 degrees centigrade (100 degrees Fahrenheit); it includes a Class IIIA "combustible liquid" as defined in the National Fire Code, Volume I, 1967-68, and "cutback" or heated asphalt which has or assumes a flashpoint of less than 93.3 degrees centigrade (200 degrees Fahrenheit);

(19) "historic vehicle" means a motor vehicle 30 years or more in age which is driven or moved upon a highway for the primary purpose of historical exhibition or similar activity;

(20) "implement of husbandry" means a vehicle designed or adapted and used primarily for agricultural, horticultural or livestock-raising operations and is only incidentally moved upon the highway; it includes farm tractors used primarily for drawing plows and mowing machines;

(21) "intersection" means the area within the prolongation or connection of the lateral curblines or, if none, the lateral boundary lines of the roadways of two highways which join one another approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle meet; where a highway includes two roadways 30 feet or more apart, every crossing of each roadway by an intersecting highway is a separate intersection; if intersecting highways include two roadways 30 feet or more apart, every crossing of the roadways of the highways is a separate intersection; the junction of an alley with a street or highway is not an intersection;

(22) "laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic;

(23) "loading zone" means a space reserved for the use of vehicles during the loading or unloading of passengers or property;

(24) "manufacturer" means a person in the business of construction or assembling vehicles required to be registered under AS 28.10;

(25) "manufacturer's statement of origin" means a statement or certificate of origin and subsequent ownership of a vehicle until title to the vehicle is issued;

(26) "metal tire" means a tire or wheel whose surface in contact with the highway is wholly or partly metal or other hard, nonresilient material, except a pneumatic tire manufactured with metal studs attached to the surface to improve traction on ice or snow, if the metal in contact with the roadway does not exceed three percent of the total tire area in contact with the roadway;

(27) "mobile home" means a trailer in excess of either 28 feet in length or eight feet in width that is designed, constructed, and equipped for use as a dwelling or as a place of business, storage or other off-highway purpose;

(28) "motor home" means a motor vehicle designed, constructed, or used primarily as a dwelling, office or commercial space;

(29) "new vehicle" means a vehicle that has not been sold or registered in this or another jurisdiction; it does not include a vehicle sold by a manufacturer or transporter to a dealer or sold by a dealer to another dealer;

(30) "off-highway vehicle" means a vehicle designed or adapted for cross-country operation over unimproved terrain, ice or snow, and which has been declared by its owner at the time of registration and determined by the department to be unsuitable for general highway use, although the vehicle may make incidental use of a highway as provided in this title; it does not include implements of husbandry and special mobile equipment;

(31) "park" or "parking" mean the standing of a vehicle, whether occupied or not; it does not include the stopping temporarily for the purpose of and while actually engaged in loading or unloading property or passengers;

(32) "passenger car" means a motor vehicle, except motorcycles, motor-driven cycles, and off-highway vehicles designed for carrying 10 passengers or less, and used primarily for the transportation of persons;

(33) "pedestrian" means any person afoot; it includes a person on skis or snowshoes;

(34) "pneumatic tire" means a tire in which compressed air is designed to support the load;

(35) "pole trailer" means a vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections;

(36) "police officer" means a person authorized to direct or regulate traffic or to make arrest or issue a citation for violations of traffic regulations;

(37) "private road or driveway" means a way or place in private ownership used for vehicular travel by the owner or those having express or implied permission from the owner;

(38) "railroad" means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails;

(39) "railroad sign or signal" means a sign, signal or device erected by a state or local official or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train;

(40) "railroad train" means a diesel, steam, electric or other motorized unit operated upon rails; it does not include streetcars;

(41) "reconstructed vehicle" means a vehicle required to be registered under AS 28.10 which is materially altered from its original construction by the removal, addition, or substitution of equipment which tends to conceal the identity of the vehicle or substantially alters its appearance, model, type, or mode of driving or movement;

(42) "residence district" means the territory contiguous to and including a highway except a controlled-access highway and not comprising a business district, if the property fronting the highway for a continuous distance of 300 feet or more is in the main improved with residences, or residences and buildings in use for business;

(43) "right-of-way" means the right of one vehicle or pedestrian to proceed in preference to another vehicle or pedestrian approaching under circumstances of direction, speed and proximity which give rise to danger of collision unless one grants precedence to the other;

(44) "rotary traffic island" means an island located in the center of a roundabout;

(45) "safety zone" means the area of space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or marked by signs which are plainly visible at the time it is used as a safety zone;

(46) "school bus" means every motor vehicle that complies with the color and identification requirements set forth in the edition of Minimum Standards for School Buses and Minimum Standards for Alaska School Buses, which is in effect on the effective date of this section, and is used to transport children to or from school or in connection with school activities; it does not include buses operated by common carriers for the urban transportation of school children;

(47) "semitrailer" means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property, drawn by a motor vehicle, and constructed so that part of its weight rests upon or is carried by another vehicle;

(48) "sidewalk" means that portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines, and intended for use by pedestrians;

(49) "snowmobile" means a motor vehicle designed to travel over ice or snow, and supported in part by skis, belts, cleats, or low-pressure tires;

(50) "solid rubber tire" means a tire of rubber or other resilient material which does not depend upon compressed air for the support of the load;

(51) "specially constructed vehicle" means a vehicle required to be registered under AS 28.10, which is not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and which is not materially altered from its original construction;

(52) "special mobile equipment" means a vehicle which is not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to ditch digging apparatus, well boring apparatus, construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifers, earthmoving carryalls and scrapers, power shovels and drag lines, and self-propelled cranes and earthmoving equipment; it does not include house trailers, mobile homes, off-highway vehicles, dump trucks, truck-mounted transit mixers, cranes, or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached;

(53) "stand" or "standing" means the halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in receiving or discharging passengers;

(54) "stop" or "stopping" means a complete cessation from movement, or the halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal;

(55) "street" means a highway as defined in AS 28;

(56) "through highway" means a highway or portion of highway on which vehicular traffic has preferential right-of-way, the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the highway in obedience to a stop sign, yield sign, or other official traffic-control device;

(57) "tow car" means a motor vehicle which is equipped for towing vehicles by means of a crane, hoist, tow bar, tow line or dolly, and is used primarily for towing or otherwise rendering assistance to other vehicles;

(58) "trailer" means a vehicle, with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle; it includes semitrailers and pole trailers;

(59) "transporter" means a person in the business of delivering vehicles which are required to be registered under AS 28.10 when the delivery is from a manufacturing, assembling, or distributing plant to a dealer or sales agent of a manufacturer;

(60) "truck" means every motor vehicle designed, used or maintained primarily for the transportation of property;

(61) "truck-camper" means a structure designed, used or maintained primarily to be loaded on, or affixed to, a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space;

(62) "truck-tractor" means a motor vehicle designed and used primarily for drawing other vehicles, which is not designed or constructed to carry a load other than a part of the weight of the vehicle and load being drawn;

(63) "urban district" means the territory contiguous to and including a street with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of at least a quarter of a mile;

(64) "vehicle identification number" means the numbers and letters or other distinguishing marks designated by the department for the purpose of identifying a vehicle or its parts, placed on an engine, transmission, or other equipment by its manufacturer or by authority of the department, or in accordance with the laws of another jurisdiction;

(65) "wrecked vehicle" means a vehicle which is so disabled that the whole vehicle cannot be used for its primary function without substantial repair or reconstruction;

(66) "roundabout" means a circular intersection around a rotary traffic island, where two or more roadways join and the vehicular traffic is directed to travel in a single specified direction around the perimeter of the rotary traffic island.

(67) "all-purpose vehicle"

(A) means any self-propelled vehicle that is designed to travel on wheels or tracks in contact with the ground and is commonly used to transport persons for recreational purposes, including vehicles such as four-wheel drive units, all-terrain vehicles (ATVs), or utility terrain vehicles (UTVs);

(B) does not include off-highway vehicles.

(b) In the defined term "highway work zone" in AS 28.90.990(a), "an area identified by advanced signing" means that portion of a highway contained within the double-fine zone signs described in 17 AAC 99.010, revised as of 7/1/99 and adopted by reference, and as amended from time to time.

History

Authority: AS 28.05.011; AS 28.90.030; AS 28.90.990
Eff. 6/28/79, Register 70; am 10/2/92, Register 123; am 7/2/99, Register 150; am 12/14/2002, Register 164; am 7/1/2006, Register 178; am 1/1/2022, Register 240

Part 2 Fire Prevention

Chapter 50 Codes and Standards

13 AAC 50.010 Occupancy classifications

All buildings or areas of a building are classified as to their occupancy according to the occupancy classifications defined in the International Building Code 2021 Edition (IBC).

History

Authority: AS 18.70.080

13 AAC 50.020 International Building Code

The International Building Code 2021 Edition (IBC), Chapters 1 - 12, 14 - 28, and 30 - 35, and Appendix C are adopted by reference to regulate all occupancies and buildings, except that the IBC is revised by deleting all the references to "ICC Electrical Code" or "NFPA 70" and replacing those references with "Electrical Code as adopted by 8 AAC 70.025, as amended from time to time" and the IBC is revised by deleting all the references to "International Fuel Gas Code", with the exception of Chapter 3 Section 304 and Chapters 6 and 7, deleting all the references to "International Plumbing Code", and replacing the references to "International Fuel Gas Code" and "International Plumbing Code" with "Plumbing Code as adopted by 8 AAC 63.010, as amended from time to time". Additionally, the IBC is changed with the following revisions:

(1) Chapter 1 of the IBC is revised by deleting Sections 104.4, 101.4.6, 103, 104.4.4, 104.6, 104.8, 105.4, 106, 107.5, 109.2, 109.4, 109.5, and 110 - 115; and is revised by deleting the references to the "International Energy Conservation Code (IECC)", "International Property Maintenance Code (IPMC)", "International Private Sewage Disposal Code (IPSDC)", "International Residential Code (IRC)", and "International Wildland-Urban Interface Code (IWUIC)";

(2) in Chapter 1, Section 101.2 (Scope) of the IBC, the last sentence of the paragraph is revised by adding "as governed by the provisions of AS 18.70.080"; and the exception is revised to read as follows:

"Exceptions:

Detached one-, two-, and three-family dwellings.
Multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures. These structures shall be plan reviewed to the IBC. Fire walls between townhouses may be designed to meet Section 706 of the IBC or by two one-hour fire resistance-rated wall assemblies tested in accordance with Section 703.2.2 of the IBC.";

(3) Chapter 1, Section 104.2 (Applications and permits) of the IBC, is revised by deleting the words "and permits" from the heading, and the section is revised to read: "The building official shall receive applications and review construction documents for the on-site erection, alteration, demolition, and moving of buildings and structures and, at the agency's discretion, will inspect the premises to enforce compliance with the provisions of this code. Plans for construction occurring out of state or manufactured offsite must be sealed by a registered design professional of this state and of appropriate discipline in accordance with AS 08.48 to have a plan review completed before the construction being placed on its foundation and all plan review deficiencies must be corrected before occupancy of the facility.";

(4) Chapter 1, Section 105 (Permits) of the IBC, is revised by deleting the heading and replacing it with "Application for Plan Review";

(5) Chapter 1, Section 105 (Permits) of the IBC, is revised by replacing the word "permit" wherever it occurs with the words "plan review";

(6) Chapter 1, Section 105.2 (Work exempt from permit) of the IBC, item 2 is revised to read: "2. Fences.", and Section 105.2 is also revised by adding a new Item 14 to read: "14. Buildings classified as a Group U Occupancy, other than those in Appendix LL, that are not offered for use by persons other than the property owner or the owner's employees, not open to the public, and not containing hazardous materials in excess of those found in Tables 307.1(1) and 307.1(2). This exemption includes buildings in which the public has no access, such as farm, dairy operations, or greenhouse operations.";

(7) in Chapter 1, Section 105.3 (Application for permit) of the IBC, the first sentence is revised to read: "To obtain a plan review approval, the applicant must first file an application in writing on a form furnished for that purpose by the code enforcement agency.";

(8) Chapter 1, Section 107 (Submittal documents) of the IBC, is revised by replacing the word "permit" wherever it occurs, with the words "plan review";

(9) Chapter 1, Section 107.2.2 (Fire protection system shop drawings) of the IBC, is revised by adding the sentences "Shop drawings shall be scaled by a registered design professional of this state and of appropriate discipline in accordance with AS 08.48, or shall be signed and dated by a fire systems permit holder under AS 18.70.090 and 13 AAC 50.035. At least two sets of shop drawings shall be submitted. The building official shall retain one set, and one approved set stamped by the building official shall be retained on site during the installation of the system." at the end of the section;

(10) Chapter 1, Section 107.3.1 (Approval of construction documents) of the IBC, is revised to read: "One set of bound or one electronic set of construction documents so reviewed shall be retained by the building official.";

(11) Chapter 1, Section 109 (Fees) of the IBC, is revised by replacing the word "permit" wherever it occurs, with the words "plan review";

(12) Chapter 1, Section 109.3 (Building permit valuations) of the IBC, is revised to read: "Building plan review valuations. The applicant for a plan review involving an addition to an existing structure, a remodel of an existing structure, or a fuel system shall provide an estimated building construction value at the time of application. The valuation shall include the total value of work, including materials and labor for which the plan review is being issued. The total value of work must include the electrical, gas, mechanical, and plumbing equipment and permanent systems, including fire protection systems. If, in the opinion of the building official, the valuation is underestimated on the application, the building official shall deny the plan review, unless the applicant can show detailed estimates that meet the approval of the building official. The building official shall set the final building construction valuation.

The valuation for all new construction not involving remodel work or additions to existing structures must be based on the valuation schedule established in 13 AAC 50.027. ;

(13) Chapter 2, Section 202 of the IBC, is revised by adding a definition to read: "EXISTING BUILDING (EXISTING CONSTRUCTION OR EXISTING STRUCTURE). Any building or structure

(A) for which the start of construction commenced before the earlier of

(i) the effective date of the community's first code, ordinance, or standard; or

(ii) December 5, 1956; or

(B) that received a legal building review. The certificate of fire and life safety or plan review number shall be provided."

(14) Chapter 2. Section 202 of the IBC, is revised by adding a definition to read: "NONCOMPLIANT OR UN-REVIEWED EXISTING BUILDING. Any building or structure for which the start of construction commenced without a legal plan review after the earlier of

(A) the effective date of the community's first code, ordinance, or standard; or

(B) December 5, 1956. ;

(15) Chapter 2, Section 202 of the IBC, is revised by adding a definition to read: "RELOCATABLE CAMPS. A camp that is disassembled and loaded on a trailer to relocate or a camp that is on a skid or wheels as a single unit and pulled by a vehicle without separating.";

(16) Chapter 3, Section 305 (Educational group E) of the IBC, is revised by adding a new Section 305.2.4 to read: "305.2.4 Family child care homes. Family child care homes occupied as their primary residence (Group R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements for Group E occupancy, except for fire extinguishers as required by Section 906, smoke alarms as required by Section 907.2.11.2, carbon monoxide alarms as required by Section 908, means of egress requirements of Section 1003, and emergency escape and rescue openings, as required by Section 1029, in napping or sleeping rooms, and fire extinguisher requirements as described in the International Fire Code (IFC), as adopted by reference in 13 AAC 50.025, including children related to the staff. All stories that are not at grade plane shall have access to two exits."';

(17) Chapter 3, Section 305 (Educational group E) of the IBC, is revised by adding a new Section 305.4 to read: "305.4 Combination shops. Shop classrooms that combine wood working with any other fabrication using flame or causing spark shall be considered an F-1 occupancy and must be separated from the E occupancy in accordance with Table 602. ;

(18) Chapter 4, Section 412.3.1 (Exterior walls) of the IBC, is revised by deleting "30 feet (9,144 mm)" and replacing it with "20 feet (6,098 mm)";

(19) Chapter 4 (Special detailed requirements based on use and occupancy) of the IBC, is revised by adding new Section 429 (Special security requirements for elevated buildings) to read:

"SECTION 429

SPECIAL SECURITY REQUIREMENTS FOR ELEVATED BUILDINGS

429.1 All elevated buildings with the lower floor level above grade and open on the sides must be fenced around the building exterior or have skirting below the exterior walls to prevent unauthorized access, if a building is higher than two foot to the underside of floor framing.

Exceptions:

Normally unoccupied buildings;
Buildings of F, H, S, and U occupancies;
All occupancies within an industrial area that is secured and there is no public access.

(20) Chapter 5, Section 501 (General) of the IBC, is revised by adding a new Section 501.2 to read: "501.2 Location on property. Buildings must adjoin or have access to a permanent public way or yard on not less than one side. Required yards by this section must be permanently maintained.";

(21) Chapter 5, Table 509.1 (Incidental uses) of the IBC, is revised by changing the wording in the first block under the left column to read: "Furnace rooms in Group E, I, and R-1, R-2, R-3, and R-4 occupancies regardless of Btu input, and furnace rooms of all other occupancies where the largest piece of equipment is over 400,000 Btu per hour input";

(22) Chapter 7, Section 706.6 of the IBC, is revised by adding a paragraph before the exceptions to read: "If buildings are constructed on pilings, the first floor is above ground, and the area below is completely open to the outside (not affected by skirting), a fire wall may terminate at the first floor level if it complies with the following:

The wall must terminate on a structural support that extends completely the length of the wall.
The structural support must rest upon and be completely supported by pilings.
The rest of the fire wall must comply with IBC Section 706.2.
If there is concealed space between the structural supports that are directly supported by piles, the concealed space must have the same fire wall protection rating for the depth of the concealed space.";

(23) Chapter 7, Section 718.4.2 (Groups R-1 and R-2) Exception 3 of the IBC, is revised by adding a new sentence at the end of the exception to read: "Adequate cross ventilation must be provided in accordance with Section 1202.2.1. ;

(24) Chapter 9, Section 901.5 (Acceptance tests) of the IBC, is revised by adding a new sentence at the end of the paragraph to read: "Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred authority having jurisdiction.";

(25) Chapter 9, Section 903.2.3 (Group E) of the IBC, is revised to read: "Group E. An automatic sprinkler system must be provided throughout all buildings with Group E occupancies. The use of a fire wall or barrier does not establish a separate building or fire area for purposes of this section.

As determined by the building official, an automatic fire-extinguishing system approved under Section 904 shall be installed in a Group E occupancy in accordance with Section 903.2.3 whenever alterations or additions are made to an existing structure containing a Group E occupancy.

Exception: Buildings with Group E occupancies having an occupant load of 50 or less.

An automatic sprinkler system must also be provided for every portion of educational buildings below the level of exit discharge.

Family child care homes that are licensed to care for more than five persons between the hours of 10:00 p.m. and 6:00 a.m. must be equipped with an automatic sprinkler system designed and installed as described in Section 903.3.1.3 or an equivalent system approved by the building official.";

(26) Chapter 9, Section 903.2.8 (Group R) of the IBC, is revised to read: "903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout buildings containing Group R occupancies as provided in this section.

903.2.8.1 Group R-1. An automatic sprinkler system shall be provided throughout all buildings that contain an R-1 occupancy.

903.2.8.2 Group R-2. An automatic sprinkler system shall be provided throughout all buildings that contain an R-2 occupancy.

Exceptions:

Buildings that are no more than two stories in height, including basements and contain four or fewer dwelling units.
Buildings that are no more than two stories in height, including basements and contain 16 or fewer sleeping rooms.

For the purpose of this section, fire walls may be used to create up to three separate attached buildings. Any additional buildings must be physically separated in accordance with IBC Table 602.

903.2.8.3 Group R-4. A 13R automatic sprinkler system shall be provided throughout all buildings that contain an R-4 occupancy.

(27) Chapter 9, Section 903.3.6 (Hose threads) of the IBC, is revised by deleting "the fire code official" and replacing it with "AS 18.70.084";

(28) Chapter 9, Section 904.1 (General) of the IBC, is revised by adding a new sentence at the end of the paragraph to read: "Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred authority having jurisdiction.";

(29) Chapter 9, Section 906.1 (Where required) of the IBC, is revised by deleting the exception in item 1;

(30) Chapter 9, Section 907.2.3 (Group E) of the IBC, Exception 1 is revised by replacing "50" with "49";

(31) Chapter 9, Section 907.2.3 (Group E) of the IBC, is revised by adding a second paragraph after the exceptions to read: "Rooms used for sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke alarms that comply with Section 907.2.11.2. ;

(32) Chapter 9, Section 907.2.9 (Group R-2) of the IBC, is revised by adding a new Section 907.2.9.4 to read: "907.2.9.4 Remote camps. Any camp that is located outside a fire department service area shall be equipped with an automatic smoke detection system that activates the occupant notification system in accordance with Section 907.5 throughout buildings that are used for sleeping purposes.";

(33) Chapter 9, Section 907.2.11.5 (Interconnection) of the IBC, is revised by adding a new paragraph to read: "If more than 12 smoke alarms are interconnected the interconnecting means must be supervised in accordance with NFPA 72. ;

(34) Chapter 9, Section 907.7.2 (Record of completion) of the IBC, is revised by adding a new sentence to read: "Within 30 days after completion of the installation, a copy of the acceptance test certificate verifying completion in accordance with NFPA 72 must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred authority having jurisdiction.";

(35) Chapter 9, Section 907.8 (Inspection, testing, and maintenance) of the IBC, is revised by adding a new Section 907.8.1 to read: "907.8.1 Camp relocations. On each portable or relocatable camp move, an electrician certified under AS 18.62 may disconnect and reconnect the fire alarm system. The camp must be certified by an appropriate fire system permit holder under AS 18.70.090 and 13 AAC 50.035 to provide documentation that the system has been placed back in service and is ready for operation. System certification documentation is to be retained on site and available for review upon request. Annual requirements are still required under the code as adopted by reference in 13 AAC 50.025. ;

(36) Chapter 9, Section 909.18 (Acceptance testing) of the IBC, is revised by adding a new sentence at the end of the paragraph to read: "Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred authority having jurisdiction.";

(37) Chapter 10, Table 1020.2 (Corridor fire-resistance rating) of the IBC, is revised by inserting a superscript "e" footnote reference after "R" in the "occupancy" column and is revised by adding footnote "e" to read: "R occupancies with an occupant load greater than 10 shall have one-hour rated corridors when the R occupancies are allowed to not have a sprinkler system and

serve four or fewer dwelling units or 16 or fewer sleeping rooms; and
are not more than two stories.";

(38) Chapter 10, Section 1031.2 (Where required) of the IBC, is revised by replacing the first sentence to read: "In addition to the means of egress required by this chapter provisions shall be made for emergency escape and rescue openings in Group R and 1-1 occupancies.";

(39) Chapter 10, Section 1031.2 (Where required) of the IBC, is revised by deleting Exceptions 1 and 3;

(40) Chapter 11, Section 1101.1 (Scope) of the IBC, is revised to read: "Compliance with the requirements of this chapter and other provisions within this code for accessibility of persons with disabilities is the exclusive responsibility of the owner of the structure or design professional of record.";

(41) Chapter 16, Section 1601.1 (Scope) of the IBC, is revised by adding a second paragraph to read: "This chapter is adopted as design criteria for the structural safety of buildings constructed under this code. The division of fire and life safety does not perform review for conformance with these criteria. Compliance with the requirements of this chapter, other provisions in this code for structural design, local government flood reduction ordinances, and federal oversight and authority through the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) under 44 C.F.R. Parts 59 and 60 is the exclusive responsibility of the building owner or design professional of record. Information regarding the National Flood Insurance Program is available from the Department of Commerce, Community, and Economic Development, division of community and regional affairs at https://www.commerce.alaska.gov/web/dcra/ PlanningLandManage- ment/FloodplainManagement.aspx. Information on approaches and grants for mitigating natural hazards in construction, including seismic hazards, is available through the Department of Military and Veterans' Affairs, division of homeland security and emergency management at http://www.ready.alaska.gov.";

(42) Chapter 17, Section 1701.1 (Scope) of the IBC, is revised by adding a second paragraph to read: "The provisions of this chapter are adopted as criteria to guide the owner and the registered design professional in meeting the tests and special inspections necessary to assure conformance with the applicable standards adopted under this code. Tests and inspections required by this code are not performed by the division of fire and life safety, but are the responsibility of the building owner or design professional of record. The findings of these tests and inspections must be kept for the life of the building.";

(43) Chapter 27, Section 2701.1 (Scope) of the IBC, is revised by adding a new sentence at the end of the section to read: "Electrical weatherheads must be installed on the gable ends when a metal roof is installed.";

(44) in Chapter 31, Section 3103.1 (Temporary structures: General) of the IBC, the first sentence is revised to read: "The provisions of this section apply in deferred jurisdictions as allowed under 13 AAC 50.075 only, for structures other than tents and membrane structures, erected for a period of less than 180 days.";

(45) Chapter 31, Section 3103.2 (Construction Documents) of the IBC, is revised by adding a second sentence to read: "Structures of less than 300 square feet in floor area that are designed for the specific purpose of providing an enclosure for non-hazardous equipment, and not containing hazardous materials in excess of those found in Tables 307.1(1) and 307.1(2) are not required to be sealed by a registered design professional.";

(46) Chapter 31 of the IBC is revised by deleting Section 3107 (Signs);

(47) the appendices of the IBC are revised by adding, after APPENDIX L and before Appendix M, Appendix LL to read:

"APPENDIX LL OIL AND GAS INDUSTRIAL PROCESSING BUILDINGS

LL101 General. These provisions have been established to provide engineering methods for the design and construction of hydrocarbon processing buildings in this state.

LL102 Scope. These standards augment and are used in conjunction with the respective requirements of the 2021 International Building Code (IBC), International Mechanical Code (IMC), International Fire Code (IFC), and International Fuel Gas Code (IFGC) as the minimum requirements for occupancies (F, H, S, and U) when designing and constructing hydrocarbon (facilities that are directly connected with the transport or processing of oil and gas or by-products) buildings in this state. These standards apply to industrial occupancies attached to H-2 buildings such as the following: control rooms, offices, break rooms, warehouses, generator enclosures, vehicle storage, and others as approved by the authority having jurisdiction.

LL102.1 Small unoccupied remote dedicated structures, shelters, and enclosures, such as a wellhead shelter (any item that is put over the top of the wellhead that totally encloses the wellhead), communications shelters (unoccupied buildings with no hazardous vapors, gases, or products open to the atmosphere within the structures and that are utilized solely for the housing of wires and their components), pigging enclosures, a meter building, and shut-down valve enclosures may be classified as a Group U occupancy if the following conditions are met:

The building is less than 1,000 square feet;
The contents of the building include only meters, valves, or pipe work;
The building is not normally occupied more than once during a 12-hour period;
If the building exceeds 300 square feet, the building has at least two exits;
"Remote" means a location that is secured and has limited or no public access and where no other occupied non-oil and gas related buildings or structures are located within one-half mile of a flare or emergency process safety blow down exhaust termination;
"Dedicated" means housing only equipment associated with a single activity such as metering or pigging.

LL102.2 Structures that meet the requirements of Section LL102.1 must neither require conformance with IBC Section 1604.4 nor a professional engineer's registration number or seal on plans if all of the following conditions exist:

The building is less than 300 square feet;
The building is pre-manufactured;
The pre-manufactured building is based on the manufacturer's experience or the building has been load tested for the site location conditions.

LL102.3 Factory fabricated structures of less than 400 square feet in area, singularly or aggregate, that are designed for the specific purpose of providing an enclosure for non-hazardous equipment and not containing hazardous materials in excess of those found in IBC Tables 307.1(1) and 307.1(2) are exempt from plan review in accordance with IBC Section 105.2. Any structure shall not be occupied for any reason other than maintenance and service of equipment housed within the structure.

LL103 Hydrocarbon processing buildings are considered special industrial occupancies as defined in IBC Section 503.1.1.

LL103.1 Module separation. Elevated pipe ways extending from a building need not be considered projections of the building.

LL103.1.1 Building extensions and service area platforms. Building extensions of hydrocarbon processing buildings into the yard include landings, platforms, stairs, vessels, vessel enclosures, tanks, and exhaust or intake hoods. Clear and unobstructed access for fire fighting is to be no less than 40 feet. Bridging between buildings must be designed to allow access and operation for firefighting.

LL104 Stairs, landings, handrails, and guardrails. Stairs, landings, handrails, and guardrails must meet the minimum requirements of 8 AAC 61, as amended from time to time; these regulations supersede the respective requirements of the IBC.

LL104.1 Landings, floor level at doors. Floors or landings may be more than one inch lower than the threshold of doorways if an attempt is made to minimize the drop through the use of ramps at interior doorways as described in Section 1008.1.6 of the IBC.

LL104.2 Industrial areas that are fenced or guarded and not open to the public in group B, F, H, R-1, R-2, or S occupancies, balusters, horizontal intermediate rails, or other construction must not permit a sphere with a diameter of 21 inches (533 mm) to pass through any opening.

LL105 Construction specifics. The construction of hydrocarbon processing buildings must comply with Sections LL105.1 - LL105.3 of this code.

LL105.1 Fire walls, fire-resistance rated exterior walls, fire barrier walls, and horizontal assembly continuity. When a fire wall is used to qualify under Section 705 of the IBC, the wall must comply with that section. If the fire wall, fire-resistance rated exterior wall, or fire barrier wall does not extend to the ground, the structural supports for the wall must rest upon and be completely supported by the pilings. If a horizontal assembly is not supported by the ground, it must rest upon and be completely supported by the pilings.

LL105.2 Tank support fireproofing. Fire proofing requirements for steel tank supports, as described in Section 5704.2.9.2.3 of the IFC 2021 Edition, as adopted by reference, may be waived by the authority having jurisdiction when justified, based on the remoteness of the facility and lack of public access, or analytical or empirical results indicating that sufficient heat could be transmitted to the permafrost to cause foundation settlement.

LL105.2.1 Tank venting and relief requirements for tanks and pressure vessels storing class IB, class IC, class II, or class III liquids described in Sections 5704.2.7.3 and 5704.2.7.4 of the IFC 2021 Edition may be satisfied by the use of properly sized open vents without flame arrestors. When open vents are utilized they shall be configured to minimize the accumulation of snow and ice. This relief shall only apply to installation in cold climate locations. In this section, "cold climate locations" means locations with an American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) 99 percent design heating design temperature (dry bulb) of less than -25° Fahrenheit. These figures shall be based on the values published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

LL105.2.2 Bulk transfer and process transfer locations. Bulk transfer and process transfer operations must be conducted in approved locations. Tank vehicle transfer facilities shall be separated from buildings and above-ground tanks by a minimum distance of five feet (1,524 mm) for Class I, II, and III liquids measured from the nearest position of any tank loading valve and meet the following requirements:

Adherence to an approved written company policy for transfer of flammable and combustible liquids;
Tank capacity of either the truck or tank must not exceed 15,000 gallons;
The tank vehicle must be located a minimum of 20 feet from tank connections, and a minimum distance of 25 feet from tank or building during transfer operations;
Tank fill connections must not be utilized to transfer liquids to tank vehicles.

LL105.3 Electrical or communication equipment shelters, wellhead valve shelters, and wellhead shelters. Neither fire separation distance between adjacent shelters, as described in IBC Table 705.5, nor thermal barrier requirements, as described in Section 2603.4 of the IBC, for fiberglass or metal sheeting used for construction of electrical or communication equipment shelters, wellhead valve shelters, and wellhead shelters are required if the following conditions are met:

The area of an individual shelter may not exceed 1,000 square feet;
Fire separation distance shall be in accordance with IBC Table 705.5;

Exceptions:

(a) Combined fire separation distances between adjacent individual electrical or communication equipment shelters must be a minimum of six feet;

(b) Fire separation distance is not required between adjacent individual wellhead valve shelters, individual wellhead shelters, or a combination of those shelters;

Each wellhead shelter shall only enclose one wellhead;
Each wellhead valve shelter shall serve only one wellhead;
The electrical or communication shelter, wellhead valve shelter, or wellhead shelter must normally be unoccupied. It is understood that operators need to spend approximately 10 minutes per day taking readings in wellhead shelters and that maintenance is infrequently required. The most extensive maintenance is well wireline work. This work may extend to a week per well and occur once every several years per well. Most of this work is accomplished from outside the wellhead shelter. All maintenance is strictly controlled with a permit system.

LL106 Fire suppression. The provisions in Sections LL106.1 - LL106.4 establish the standards for fire suppression at oil and gas hydrocarbon processing buildings.

LL106.1 Fire extinguishing system. An automatic sprinkler system as specified in IBC Section 903.2.5.1 or alternative automatic fire extinguishing system need not be provided in Group H-2 occupancy compressor modules, dehydration modules, metering modules and heater/separator modules if the following conditions are met:

The module under consideration primarily handles natural gas and its by-products;
The module is located within a secured site with controlled access;
The module is normally unoccupied;
Significant quantities of Class I or Class II liquids are not present;
The aggregate module area under consideration is less than 1,500 square feet;
Module construction features panelized type exterior walls that will provide for venting in the event of over pressurization;
Combustible gas detection is provided;
A mechanical ventilation system capable of providing the following is provided:

i. Minimum four air changes an hour operating continuously;

ii. Minimum 12 air changes an hour upon detection of combustible or flammable vapors in excess of 20 percent lower flammable limit (LFL) (lower explosive limit (LEL));

Upon detection of combustible or flammable vapors in excess of 40 percent LFL process safety management features are automatically initiated to reduce or eliminate the fuel load;
Module location complies with IBC Section 705.3.

LL106.2 Alternate automatic fire-extinguishing (AAFE). Automatic activation for gas detection (inerting or suppression agent) in areas of hydrocarbon processing buildings where (1) both fire and explosion hazards exist, (2) both fire and gas detection systems are (interconnected or independently, or both) installed, (3) the fire and gas detection devices alarm at a continuously staffed control room and trained operators can quickly respond to the fire and gas alarms following specific fire and gas alarm response procedures, and (4) collateral fire damage is likely to be minimal, the following alternate automatic fire-extinguishing (AAFE) operating activation mode is acceptable: Automatic activation of the alternate automatic fire-extinguishing (AAFE) system upon gas detection coupled with manual activation of the same alternate automatic fire-extinguishing (AAFE) system on fire detection is approved.

LL106.3 Manual activation of total flooding fire suppression systems. In areas where (1) the only hazard is fire, not explosion, (2) fire detection devices alarm at continuously staffed control rooms, (3) trained operators can quickly respond to the fire alarms following specific fire alarm response procedures, and (4) collateral fire damage is likely to be minimal, manual activation of the total flooding fire suppression agent is acceptable. These areas also include continuously staffed control rooms.

LL106.4 Platform width. In buildings protected with fire sprinkler systems, any platform that exceeds four feet in width or length is considered an obstruction for the purposes of the installation of sprinkler systems under Section 903.3.1.1 of the IBC.";

(48) the appendices of the IBC are revised by adding a new Appendix NN to read:

''APPENDIX NN REPAIRS TO BUILDING AND STRUCTURES DAMAGED BY THE OCCURRENCE OF A NATURAL DISASTER

NN101 Purpose. The purpose of this appendix is to provide a defined level of repair for buildings or structures damaged by a natural disaster in jurisdictions where the governor has declared a formal condition of disaster emergency under AS 26.23 by proclamation.

NN102 General. Required repair levels must be based on the ratio of the estimated value of the repairs required to restore the structural members to their pre-disaster condition to the estimated replacement value of the building or structure.

NN103 Structural repairs. When the ratio described in Section NN102 does not exceed 10 percent, as determined by design professionals who are professional architects or professional engineers who meet the requirements of AS 08.48, buildings and other structures, except essential facilities included as Category III buildings and structures in Table 1604.5 (Risk category of buildings and other structures) of this code, must, at a minimum, be restored to their pre-disaster condition. When the ratio described in Section NN102 is greater than 10 percent but less than 50 percent, buildings and other structures, except essential facilities included as Category III buildings and other structures in Table 1604.5 of this code, must have the damaged structural members, including all critical ties and connections associated with the damaged structural members, all structural members supported by the damaged member, and all structural members supporting the damaged members repaired and strengthened to bring them into compliance with the force levels and connection requirements of this code. These requirements apply to those essential facilities when the ratio described in Section NN102 is less than 30 percent.

Exception: For buildings or structures with rigid diaphragms where the above-required repair and strengthening increases the rigidity of the resisting members, the entire lateral force-resisting system of the building or structure must be investigated.

When, in the opinion of the building official, an unsafe or adverse condition has been created as a result of the increase in rigidity, the condition must be corrected. When the ratio described in Section NN102 is greater than 50 percent, buildings and other structures, except essential facilities included as Category III buildings and other structures in Table 1604.5 of this code, must, at a minimum, have the entire building or other structure strengthened to comply with the force level and connection requirements of this code. These requirements apply to essential facilities when the ratio described in Section NN102 is greater than or equal to 30 percent.

NN104 Nonstructural repairs to light fixtures and suspended ceilings. Under all ratios calculated under Section NN102, when light fixtures and the suspension systems of a suspended acoustical ceiling are damaged, the damaged light fixtures and suspension systems must be repaired to fully comply with the requirements of Section 803.9 of this code. Undamaged light fixtures and suspension systems must have the additional support and bracing that is required in Section 803.10 of this code.".

History

Authority: AS 18.70.080
Eff. 6/25/69, Register 30; am 2/21/71, Register 37; am 6/15/79, Register 71; am 1/14/81, Register 77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register 126; am 3/7/96, Register 136; am 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am 8/27/2004, Register 171; am 9/12/2007, Register 183; am 11/16/2012, Register 204; am 5/19/2017, Register 222; am 10/28/2022, Register 244

13 AAC 50.021 International Existing Building Code

The International Existing Building Code 2021 Edition (IEBC), Chapters l - 16, and Appendix A - C, are adopted by reference to regulate all occupancies and buildings, except that the IEBC is revised by deleting all the references to "ICC Electrical Code" or "NFPA 70" and replacing those references with "Electrical Code as adopted by 8 AAC 70.025, as amended from time to time" and the IEBC is revised by deleting all the references to "International Fuel Gas Code", with the exception of Chapter 3 Section 304 and Chapters 6 and 7, deleting all the references to "International Plumbing Code", and replacing the references to "International Fuel Gas Code" and "International PlumbingCode" with "Plumbing Code as adopted by 8 AAC 63.010, as amended from time to time". Additionally, the IEBC is changed with the following revisions:

(1) Chapter l of the IEBC is revised by deleting Sections 103, 104.4, 104.6, 104.8, 105.4, 106.5, 108.2, 108.4, and 108.5, and Sections 109 - 114 are revised by deleting the references to the "International Energy Conservation Code (IECC)", "International Property Maintenance Code (IPMC)" and "International Residential Code (IRC)";

(2) Chapter 1, Section 104.2 (Applications and permits) of the IEBC is revised by deleting the words "and permits" from the heading, and the section is revised to read: "The building official shall receive applications and review construction documents for the on-site erection, alteration, demolition, and moving of buildings and structures and, at the agency's discretion, will inspect the premises to enforce compliance with the provisions of this code. Plans for construction occurring out of state or manufactured off site must be sealed by a registered design professional of this state and of appropriate discipline in accordance with AS 08.48 to have a plan review completed before the construction being placed on its foundation and all plan review deficiencies must be corrected before occupancy of the facility."

(3) Chapter 1, Section 105 (Permits) of the IEBC is revised by deleting the heading and replacing it with "Application for Plan Review";

(4) Chapter 1, Section 105 (Permits) of the IEBC is revised by replacing the word "permit" wherever it occurs with the words "plan review";

(5) in Chapter 1, Section 105.3 (Application for permit) of the IEBC, the first sentence is revised to read: "To obtain a plan review approval, the applicant must first file an application in writing on a form furnished for that purpose by the code enforcement agency.";

(6) Chapter 1, Section 106 (Construction documents) of the IEBC is revised by replacing the word "permit" wherever it occurs, with the words "plan review";

(7) Chapter 1, Section 106.2.2 (Fire protection system(s) shop drawings) of the IEBC is revised by adding the following sentences at the end of the section: "Shop drawings shall be sealed by a registered design professional of this state and of appropriate discipline in accordance with AS 08.48, or shall be signed and dated by a fire systems permit holder under AS 18.70.090 and 13 AAC 50.035. At least two sets of shop drawings shall be submitted. The building official shall retain one set, and one approved set stamped by the building official shall be retained on site during the installation of the system.";

(8) Chapter 1, Section 107.3.1 (Approval of construction documents) of the IEBC is revised to read: "One set of bound or one electronic set of construction documents so reviewed shall be retained by the building official.";

(9) Chapter 1, Section 108 (Fees) of the IEBC, is revised by replacing the word "permit" wherever it occurs, with the words "plan review";

(10) Chapter 1, Section 108.3 of the IEBC, is revised by revising the section heading to read "(Building plan review valuations)" and by revising the section text to read: "The applicant for a plan review involving an addition to an existing structure, a remodel of an existing structure, or a fuel system shall provide an estimated building construction value at the time of application. The valuation shall include the total value of work, including design, materials and labor for which the plan review is being issued. The total value of work must include the electrical, gas, mechanical, and plumbing equipment and permanent systems, including fire protection systems. If, in the opinion of the building official, the valuation is underestimated on the application, the building official shall deny the plan review, unless the applicant can show detailed estimates that meet the approval of the building official. The building official shall set the final building construction valuation.

The valuation for all new construction not involving remodel work or additions to existing structures must be based on the valuation schedule established in 13 AAC 50.027. ;

(11) Chapter 1, Section 109 (Inspections) of the IEBC, is revised by replacing the word "permit" wherever it occurs, with the words "plan review".

History

Authority: AS 18.70.080
Eff. 10/28/2022, Register 244

13 AAC 50.023 International Mechanical Code

The International Mechanical Code 2021 Edition (IMC), Chapters 1 - 15 and Appendix A, are adopted by reference to regulate all occupancies and buildings, except that the IMC is revised by deleting all the references to "ICC Electrical Code" or "NFPA 70" and replacing those references with "Electrical Code as adopted by 8 AAC 70.025, as amended as of March 6, 2016 and as amended from time to time" and the IMC is revised by deleting all the references to "International Fuel Gas Code", with the exception of Chapter 3 Section 304 and Chapters 6 and 7, deleting all the references to "International Plumbing Code", and replacing the references to "International Fuel Gas Code" and "International Plumbing Code" with "Plumbing Code as adopted by 8 AAC 63.010, as amended from time to time". Additionally, the IMC is changed with the following revisions:

(1) Chapter 1 of the IMC is revised by deleting Sections 103, 104, and 106 - 110 and is revised by deleting references to the "International Energy Conservation Code (lECC)" and "International Residential Code (IRC)";

(2) Chapter 3, Section 301.6 (Fuel gas appliances and equipment) of the IMC, is revised by deleting the words "fuel gas distribution piping and equipment" and "fuel gas-fired appliance venting systems";

(3) Chapter 6, Section 605.1 (General) of the IMC, is revised by adding an exception to read: "Exception: Filters may be installed downstream of any heat exchanger or coil when environmental conditions are such that filters installed upstream of a heat exchanger or coil degrade system performance.";

(4) Chapter 8, Section 804.1 (Direct-vent terminations of the IMC, is revised by adding a second sentence to read: "Combustion vents for direct-vent chambers are at least three feet high or provide snowdrift prevention.";

(5) Chapter 9, Section 907.1 (General) of the IMC, is revised by adding a second sentence to read: "Commercial standard UL 2790 may be accepted as an alternative to UL 791 and residential standard UL 508 and UL 698 may not be acceptable as an alternative to UL 791. ;

(6) Chapter 10, Section 1001.1 (Scope) of the IMC, is revised, with the exceptions remaining, to read: "Scope. This chapter governs the installation, alteration, and repair of boilers, water heaters, and pressure vessels not subject to the provisions of the Department of Labor and Workforce Development under AS 18.60.180 - 18.60.395. ;

(7) Chapter 10 of the IMC is revised by deleting Section 1011;

(8) Chapter 14 (Solar thermal systems) of the IMC, is revised by deleting the body of the chapter and inserting a new Section 1401 to read: "Section 1401 General. Solar energy equipment and appliances must be installed in compliance with the Solar Energy Code as adopted by 8 AAC 63.010, as amended from time to time.";

(9) Chapter 15 (Referenced Standards) of the IMC is revised by adding, to the list of referenced UL standards, UL 2790-2019 Revision Standard for Commercial Incinerators, adopted by reference.

History

Authority: AS 18.70.080
Eff. 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am 8/27/2004, Register 171; am 9/12/2007, Register 183; am 11/16/2012, Register 204; am 5/19/2017, Register 222; am 10/28/2022, Register 244

13 AAC 50.024 International Fuel Gas Code

The International Fuel Gas Code 2021 Edition (IFGC), Chapter 3 Section 304 and Chapters 6 and 7, are adopted by reference to regulate the installation of fuel gas utilization equipment, gaseous hydrogen systems, and related accessories, except that the IFGC is changed by deleting all references to "ICC Electrical Code" or "NFPA 70" and replacing those references with "Electrical Code as adopted by 8 AAC 70.025, as amended from time to time". Additionally, Chapter 1 of the IFGC is revised by deleting references to the "International Energy Conservation Code (IECC)" and "International Residential Code (IRC)".

History

Authority: AS 18.70.080
Eff. 9/13/2007, Register 183; am 11/16/2012, Register 204; am 5/19/2017, Register 222; am 10/28/2022, Register 244

13 AAC 50.025 International Fire Code

The International Fire Code 2021 Edition (IFC), Chapters 13 - 19, 41 - 49, and 68 - 79 are reserved. The International Fire Code 2021 Edition (IFC), Chapters 1 - 12, 20 - 40, 50 - 67, and 80 and Appendices B - I, K, L, and N are adopted by reference to regulate all occupancies and buildings for the safeguarding of life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials, and devices, and from other conditions hazardous to life and property, except that the IFC is revised by deleting all the references to "ICC Electrical Code" or "NFPA 70" and replacing those references with "Electrical Code as adopted by 8 AAC 70.025, as amended from time to time" and the IFC is revised by deleting all the references to "International Fuel Gas Code", with the exception of Chapter 3 Section 304 and Chapters 6 and 7, deleting all the references to "International Plumbing Code", and replacing the references to "International Fuel Gas Code" and "International Plumbing Code" with "Plumbing Code as adopted by 8 AAC 63.010, as amended from time to time". Additionally, the IFC is changed with the following revisions:

(1) Chapter 1 (Administration) of the IFC is revised by deleting Sections 103, 104.2, 104.3, 104.4, 104.5, 104.6, 104.7, 104.12, 106, 108, 109, and 111;

(2) Chapter 1 (Administration) of the IFC, is revised by deleting Section 105, and the related permit requirements of Sections 301.2, 308.2, 315.2, 608.2, 901.3, 1101.3, 1207.3.7.1(1), 2001.3, 2101.2, 2201.2, 2401.3, 2501.2, 2601.2, 2701.5, 2801.2, 2901.2, 3001.2, 2301.2, 3201.2, 3103.4, 3401.2, 3501.2, 3601.2, 3701.3, 5001.5, 5101.2, 5301.2, 5401.2, 5501.2, 5601.2, 5701.4, 5801.2, 5901.2, 6001.2, 6101.2, 6201.2, 6301.2, 6401.2, 6501.2, 6601.2, and 6701.2;

(3) in Chapter 2, Section 202 (General definitions) of the IFC , the definition of "airport" is revised by deleting "with an overall length greater than 39 feet (11 887 mm) and an overall exterior fuselage width greater than 6.6 feet (2012 mm)";

(4) in Chapter 2, Section 202 (General definitions) of the IFC, the definition for "occupancy classification", the introductory language of the sub-definition of "Educational Group E: Group E, day care facilities" is revised by adding a sentence at the end to read: "Family child care homes occupied as their primary residence (Group R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements of a Group E occupancy except for (1) smoke alarms as described in Section 907.2.11.2; (2) carbon monoxide detectors and alarms as specified in Section 908 adhering to AS 18.70.095; (3) means of egress requirements of Section 1003, including emergency escape and rescue openings, as required by Section 1029, in napping or sleeping rooms; and (4) fire extinguisher requirements as described in the IFC.";

(5) Chapter 3, Section 307.2 (Permit required) of the IFC, is revised to read: "Approval. The fire chief of a registered fire department having jurisdiction may allow a fire for recognized silvicultural or range or wildlife management practices, prevention, or control of disease or pests, or a bonfire. An application, as required by the fire chief of that registered fire department, must be presented by the owner of the land upon which the fire is to be kindled before kindling that fire.";

(6) Chapter 3, Section 308.3 (Group A occupancies) of the IFC, is revised to read: "308.3 Group A occupancies. The use of open flame in connection with a public meeting or gathering for the purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation, or similar purposes in assembly or educational occupancies must be done in consultation with the registered fire department having jurisdiction.";

(7) Chapter 3 of the IFC is revised by deleting Section 311.5 (Placards);

(8) Chapter 4, Section 403.4 Group E occupancies of the IFC, is revised by adding a new section 403.4.4 to read: "403.4.4 False Alarms. False alarms may not be counted as a fire drill for the purpose of this section.";

(9) Chapter 4, Section 403.9.2.1 (College and university buildings) of the IFC, is revised by adding a new section 403.9.2.1.3 to read: "403.9.2.1.3 False Alarms. False alarms may not be counted as a fire drill for the purpose of this section.";

(10) Chapter 4, Section 405.2 (Frequency) of the IFC, is revised by adding a second sentence at the end of the section to read: "False alarms may not be counted as a fire drill for the purpose of this section.";

(11) Chapter 4, Section 407.1 (General) of the IFC, is revised to read: "407.1 General. The provisions of Sections 407.2 through 407.7 shall be applicable, in the discretion of the fire chief of the registered fire department that has jurisdiction, where hazardous materials are located on the premises.";

(12) Chapter 5, Section 501.3 (Construction documents) of the IFC, is revised by adding a second paragraph to read: "The fire chief of the registered department may require fire apparatus access roads, premises identification, key boxes, fire protection water supplies, fire protection and utility equipment identification and access, and emergency responder radio coverage in accordance with this chapter. Documentation shall be provided indicating that the fire chief has been involved in discussion regarding fire apparatus access roads, premises identification, key boxes, fire protection water supplies, fire protection and utility equipment identification and access, and emergency responder radio coverage.";

(13) Chapter 6, Section 606.3.3.2 Grease accumulation of the IFC., is revised to read: "606.3.3.2 Grease accumulation. If during the inspection it is found that hoods, grease-removal devices, fans, ducts or other appurtenances have an accumulation of grease, those components shall be cleaned in accordance with NFPA 96 or ANSI/IKECA C10 for cleaning only.";

(14) Chapter 9, Section 901.4 (Installation) of the IFC, is revised by adding an exception to read: "Exception: Buildings temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions:

The building is unoccupied;
The building is properly secured;
All utilities are disconnected and drained;
The fire systems are certified as operational before the building is reoccupied;
A 24-hour-a-day fire watch is provided during the interim between when utilities are reactivated and the fire systems are certified as operational;
The fire code official is notified in writing of the closure; and
A letter from the insurance carrier, or the owner if self-insured, indicating knowledge of the closure is provided to the fire code official.";

(15) Chapter 9, Section 901.5 (Installation acceptance testing) of the IFC, is revised to read: "901.5 Installation acceptance testing. Fire detection and alarm systems, fire-extinguishing systems, fire standpipes systems, and other fire protection systems and appurtenances to those systems must meet the approval of the authority having jurisdiction as to installation and location, and are subject to the acceptance test required by the standard in IFC Table 901.6.1 for the system or appurtenance. Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred authority having jurisdiction. Fire hydrant systems, fire pump systems, and private fire service mains installed as a requirement by the fire chief of the registered fire department having jurisdiction are subject to the acceptance tests as contained in the installation standards and as approved by the fire chief. The fire chief must be notified before any required testing, and all results of the tests must be conveyed to the fire chief within 30 days.";

(16) Chapter 9, Section 901.6 (Inspection, testing and maintenance) of the IFC, is revised by adding a second paragraph to read: "Superseding other code or standard requirements established by this section, fire protection systems and fire extinguishers must be inspected, tested, and serviced as follows:

Annually;

Exception: Standpipe systems must be inspected, tested, and serviced every five years;

After any use or activation;
Any time damage is found;
After repair or alteration;
When required by the fire code official; and
After a seasonal shutdown.

Reports of inspections and tests must be maintained on the premises, and within 30 days after the inspection or test being completed, a copy of the test report must be forwarded by the person conducting the inspection or test to the fire code official. The annual fire extinguisher testing may be performed by any person who has a valid permit in accordance with 13 AAC 50.030(d).";

(17) in Chapter 9, Section 901.7 (Systems out of service) of the IFC, the first sentence is revised to read: "Where a required fire protection system is out of service for more than eight hours in a 24-hour period, an impairment plan shall be submitted to the fire department and the fire code official immediately. Where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service.";

(18) Chapter 9, Section 903.2.3 (Group E) of the IFC, is revised to read: "903.2.3 Group E. An automatic sprinkler system must be provided throughout all buildings with Group E occupancies. The use of a fire wall or barrier does not establish a separate building or fire area for purposes of this section.

As determined by the building official an automatic fire-extinguishing system approved under Section 904 shall be installed in a Group E occupancv in accordance with Section 903.2.3, whenever alterations or additions are made to an existing structure containing a Group E occupancy.

Exception: Buildings with Group E occupancies having an occupant load of 50 or less.

An automatic sprinkler system must also be provided for every portion of educational buildings below the level of exit discharge.

(19) Chapter 9, Section 903.2.8 of the IFC, is revised to read: "903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout buildings containing Group R occupancies as provided in this section.

903.2.8.1 Group R-1. An automatic sprinkler system shall be provided throughout all buildings that contain an R-1 occupancy.

903.2.8.2 Group R-2. An automatic sprinkler system shall be provided throughout all buildings that contain an R-2 occupancy.

Exceptions:

Buildings that are no more than two stories in height, including basements and contain four or fewer dwelling units.
Buildings that are no more than two stories in height, including basements and contain 16 or fewer sleeping rooms.

For the purpose of this section, fire walls may be used to create up to three separate attached buildings. Any additional buildings must be physically separated in accordance with International Building Code (IBC) Table 602, as adopted by reference in 13 AAC 50.020.

903.2.8.3 Group R-4. A 13R automatic sprinkler system shall be provided throughout all buildings that contain an R-4 occupancy.";

(20) Chapter 9, Section 903.3.6 (Hose threads) of the IFC, is revised by deleting "the fire code official" and replacing it with "AS 18.70.084";

(21) Chapter 9, Section 903.5 (Testing and maintenance) of the IFC, is revised by adding a new Section 903.5.1 to read: "903.5.1 Camp relocations. On each portable or relocatable camp move, a plumber certified under AS 18.62 may disconnect and reconnect the fire suppression system. The camp must be certified by an appropriate fire suppression permit holder under AS 18.70.090 and 13 AAC 50.035 to provide documentation that the system has been placed back in service and is ready for operation. Fire suppression system certification documentation is to be retained on site and available for review upon request. Annual requirements are still required by this code as adopted by reference in 13 AAC 50.025. ;

(22) Chapter 9, Section 904.1 (General) of the IFC, is revised by adding a new sentence at the end of the paragraph to read: "Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred authority having jurisdiction.";

(23) Chapter 9, Section 904.13.5.2 (Extinguishing system service) of the IFC, is revised by replacing "not less frequently than every six months" with "annually";

(24) Chapter 9, Section 906.1 (Where required) of the IFC, is revised by deleting the exception in item 1;

(25) Chapter 9, Section 907.2.3 (Group E) of the IFC, Exception 1 is revised by replacing "50" with "49";

(26) Chapter 9, Section 907.2.9 (Group R-2) of the IFC, is revised by adding Section 907.2.9.4 to read: "907.2.9.4 Remote camps. Any camp that is located outside a fire department service area shall be equipped with an automatic smoke detection system that activates the occupant notification system in accordance with Section 907.5 throughout buildings that are used for sleeping purposes.";

(27) Chapter 9, Section 907.2.11.2 (Groups E, R-2, R-3, R-4, and I-1) of the IFC, is revised by adding a reference in the section heading to Group E, as indicated, and adding a second paragraph to read: "Rooms used for sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke alarms that comply with this section.";

(28) Chapter 9, Section 907.2.11.5 (Interconnection) of the IFC, is revised by adding a new paragraph to read: "If more than 12 smoke alarms are interconnected the interconnecting means must be supervised in accordance with NFPA 72. ;

(29) Chapter 9, Section 907.7.2 (Record of completion) of the IFC, is revised by adding a second paragraph to read: "Within 30 days after the completion of the installation, a copy of the acceptance test certificate verifying completion in accordance with NFPA 72 must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred authority having jurisdiction.";

(30) Chapter 9, Section 907.8 (Inspection, testing and maintenance) of the IFC, is revised by adding a new Section 907.8.6 to read: "907.8.6 1 Camp relocations. On each portable or relocatable camp move, an electrician certified under AS 18.62 may disconnect and reconnect the fire alarm system. The camp must be certified by an appropriate fire system permit holder under AS 18.70.090 and 13 AAC 50.035 to provide documentation that the system has been placed back in service and is ready for operation. System certification documentation is to be retained on site and available for review upon request. Annual requirements are still required under this code as adopted by reference in 13 AAC 50.025. ;

(31) Chapter 9, Section 909.18 (Acceptance testing) of the IFC, is revised by adding a new sentence at the end of the paragraph to read: "Within 30 days after the completion of the installation, a copy of the smoke control system acceptance testing certificate must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred authority having jurisdiction.";

(32) in Chapter 10, Section 1001.1 (General) of the IFC, the last sentence of the paragraph is revised by adding at the end "as governed by the provisions of AS 18.70.080";

(33) Chapter 10, Section 1001.1 (General) of the IFC, is revised by deleting the exception;

(34) Chapter 10, Table 1020.2 (Corridor fire-resistance rating) of the IFC, is revised by inserting a superscript "e" footnote reference after "R" in the "occupancy" column and is revised by adding footnote "e" to read: "R occupancies with an occupant load greater than 10 shall have one-hour rated corridors when the R occupancies are allowed to not have a sprinkler system and

serve four or fewer dwelling units or 16 or fewer sleeping rooms; and
are less than three stories in height.";

(35) Chapter 10, Section 1031.2 (Where required) of the IFC, is revised by replacing the first sentence to read: "In addition to the means of egress required by this chapter provisions shall be made for emergency escape and rescue openings in Group R and I-1 occupancies.";

(36) Chapter 10, Section 1031.2 (Where required) of the IFC, is revised by deleting Exceptions 1 and 3;

(37) Chapter 20, Section 2006.3 (Construction of aircraft-fueling vehicles and accessories) of the IFC, is revised by adding an exception to read:

"Exception: A vehicle or trailer tank with a capacity of 250 gallons or less may be used for non-commercial refueling of private non-commercial aircraft if the following requirements are met:

The tank is placarded with no smoking signs, the type of fuel contained in the tank, and the tank capacity;
The tank and all appurtenances used in the fueling operation are listed and approved for the specific purpose; and
Electrical bonding is provided as required under Section 2006.3.7. ;

(38) Chapter 23, Section 2311.2.3 (Drainage and disposal of liquids and oil-soaked waste) of the IFC, is revised by adding a sentence at the end of the paragraph to read: "Where oil separators or traps are provided, neither the oil nor water phase may drain to septic systems, dry wells, or other means of underground discharge.";

(39) in Chapter 31, Section 3103.2 (Approval required) of the IFC, the first sentence is revised to delete "a permit and";

(40) Chapter 31, Section 3103.7 (Inspections) of the IFC, is revised by deleting "permit" and "permittee,";

(41) Chapter 36, Section 3604.1 (General) of the IFC, is revised by adding an exception to read: "Exception: Public or private docks that are located in remote areas where land based fire protection is not available.";

(42) Chapter 50, Section 5001.6 (Facility closure) of the IFC, is revised by adding new sentences at the end of the paragraph to read: "The fire chief of the registered fire department having jurisdiction may require the documentation of the closure plans for the termination of the storage, use, or handling of hazardous materials at least 30 days before the termination. The fire chief is authorized to require that the documentation include an approved facility closure plan in accordance with Section 5001.6.3. The fire chief may require the submission of the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement indicated in Sections 5001.5.1 and 5001.5.2. ;

(43) Chapter 56, Section 5601.1 (Scope) of the IFC, is revised to insert "and AS 18.72" after "The provisions of this chapter";

(44) Chapter 56, Section 5601.1.3 (Fireworks) of the IFC, is revised, with the exceptions remaining, to read: "The storage, use, and handling of fireworks is prohibited except as allowed in this section and AS 18.72. ;

(45) Chapter 56, Section 5601.1 (Scope) of the IFC, is revised by adding a new Section 5601.1.6 to read: "5601.1.6 Permit required. No person shall sell fireworks, possess, or transport fireworks for sale, conduct a fireworks display described in Section 5608, or possess, transport, or test dangerous fireworks for such a display, unless the person holds a valid permit or license under this section, and the activity is conducted in accordance with AS 18.72 and this chapter.";

(46) Chapter 56 of the IFC is revised by deleting Section 5601.2 (Permit required), Section 5601.2.4 (Financial responsibility), and Section 5601.2.4.2 (Fireworks display);

(47) Chapter 56, Section 5601.2.2 (Sale and retail display) of the IFC, is revised by deleting the words "explosives, explosive materials or fireworks" and inserting in their place "explosives and explosive materials";

(48) Chapter 56, Section 5608 of the IFC, is revised by changing the section heading to read: "FIREWORKS RETAIL SALES AND DISPLAYS";

(49) Chapter 56, Section 5608. (General) of the IFC, is revised by adding a second paragraph to read: "Retail sales of salable fireworks must comply with Section 5608.11. ;

(50) Chapter 56, Section 5608.2 (Permit application) of the IFC, is revised to read: "5608.2 Permit application.

(a) The following licenses or permits are required to conduct activity described in Section 105.5.16 (Explosives):

(1) a wholesaler's license, as described in AS 18.72, to sell, or possess for sale, 1.4G or 1.3G fireworks at wholesale;

(i) only the holder of a permit and endorsement under AS 18.72.020 and this code may purchase saleable fireworks from a licensed wholesaler and sell or offer for sale those fireworks.

(2) a retailer's permit and endorsement, as described in AS 18.72.020 and this code, for each location where the applicant intends to sell, or possess for sale, 1.4G fireworks at retail;

(3) a pyrotechnic operator's permit to conduct a fireworks display or non-routine testing of 1.3G fireworks, or to possess fireworks for display or non-routine testing of 1.3G fireworks;

(4) a fireworks event permit for each event involving public or private display of any amount of 1.3G fireworks or 250 gross pounds (113.4 kg) of salable fireworks; or

(5) an annual permit for routine testing of 1.3G fireworks.

(b) A license, endorsement, or permit under (a)(1) - (4) of this section must be obtained from the division of fire and life safety. A permit under (a)(5) of this section may be obtained from the division of fire and life safety or, on a form approved by the state fire marshal, from the fire chief of the fire department in the jurisdiction where the testing will occur.

(c) An application for a license or permit under (a)(1) - (4) of this section must be received by the division of fire and life safety 14 days before the activity is scheduled to occur. A permit under (a)(5) of this section must be issued before the routine testing occurs.

(d) Applications for a license or permit must include

(1) for a license, endorsement, or permit under (a)(1) or (2) of this section, proof of insurance as required and in the amount set out in AS 18.72.020; or

(2) for a permit under (a)(3) - (5) of this section, a certified copy of a policy of public liability and products liability insurance, including both accident and occurrence insurance, for not less than $1,000,000 for bodily injury and death, and not less than $500,000 for property damage.

(e) An application for a retailer's permit under (a)(2) of this section or for a fireworks event permit under (a)(4) of this section must include a plan and drawings, satisfactory to the state fire marshal, showing and describing the sales location or display site.

(f) An application for a pyrotechnic operator's permit under (a)(3) of this section must include proof satisfactory to the state fire marshal that the applicant

(1) has passed a written examination administered by the state fire marshal; and

(2) has participated as an assistant to a licensed or permitted pyrotechnic operator in six displays in this state for which the division of fire and life safety has issued a permit under (a)(4) of this section, or holds a valid pyrotechnic operator's permit or license from another state.

(g) An applicant for a fireworks event permit under (a)(4) of this section or for a testing permit under (a)(5) of this section must hold a valid pyrotechnic operator's permit under (a)(3) of this section.";

(51) Chapter 56, Section 5608.2 (Permit application) of the IFC, is revised by adding a new Section 5608.2.3 to read: "5608.2.3 Revocation and suspension. A permit for the retail sale of salable fireworks is void if the intended place of sale or use of the permit is within a jurisdiction that, by ordinance, has prohibited the sale or use of fireworks or if the permit holder sends, transports, or delivers fireworks to a jurisdiction that by ordinance has prohibited the sale or use of fireworks.

The state fire marshal may suspend or revoke a permit or license if

the permittee or licensee fails to comply with a notice of violation and order to correct on or before the date set in the order;
the permittee or licensee is cited more than one time for the same violation of AS 18.72 or the fire code regulations in this chapter in the same calendar year; or
the permittee or licensee conducts business in a way that presents an immediate threat to life or property.

If a permit or license is suspended or revoked, the permittee or licensee may file a written appeal to the state fire marshal, who will review the suspension or revocation and issue a written decision within 10 days after the appeal. The appeal must be postmarked within seven days following the date of receipt of the revocation. Once a permit or license is revoked, the permittee or licensee may not apply for or be granted a new permit or license for the sale, use, or display of fireworks for one year from the date of revocation.";

(52) Chapter 56, Section 5608.6 (Installation of mortars) of the IFC, is revised by adding a new Section 5608.6.1 to read: "5608.6.1 Mortar construction. Mortars must be constructed of paper, high density plastic pipe, or metal other than cast iron.";

(53) Chapter 56, Section 5608 of the IFC, is revised by adding a new Section 5608.11 to read: "5608.11 Retail sale of salable fireworks. Retail sales of salable fireworks as described in AS 18.72 must be conducted in accordance with this section.

5608.11.1 Dedicated structure or stand. Salable fireworks may be sold only from a dedicated structure or stand that has exits meeting the requirements of Chapter 10 of the International Building Code (IBC), as adopted by reference in 13 AAC 50.020.

Exception: Structures meeting the criteria of Group H-1 occupancy as established by the IBC are exempt from the requirements of Section 5608.11.1.

5608.11.2 Fire extinguishers. Portable fire extinguishers that meet the criteria of Section 906.3 must be provided.

5608.11.3 Placard. A placard setting out the language of AS 41.15.070, 41.15.140, and 41.15.160 must be prominently displayed.

5608.11.4 Sales. The sale of salable fireworks may not take place within 250 feet of a place of residence or public assembly.

5608.11.5 Special fireworks. Special fireworks (1.3) may not be stored or offered for sale at a retail sales location.

5608.11.6 Use or discharge. Fireworks of any class may not be used or discharged within 250 feet (76.2 m) of a retail sales location.

5608.11.7 Right-of-way. Retail sales locations may not be located on a highway or utility right-of-way.

5608.11.8 Display of permit or license. The retail sales permit or license must be conspicuously displayed at the sales location.

5608.11.9 Age of employee. A person under the age of 18 years may not be employed where fireworks are sold or stored.

5608.11.10 Age of purchaser. Fireworks may not be sold to person under the age of 18 years.

5608.11.11 Prohibition. Fireworks may not be sold to a person who is or appears to be intoxicated or otherwise chemically impaired.

5608.11.12 Storage. Salable fireworks, class 1.4G (Class C common fireworks) must be stored as follows:

Storage at retail sites must be in a type 4 or higher rated magazine;
Except as provided in paragraph 3 of Section 5608.11.12, storage must be a minimum of 40 feet from property lines or any inhabited building. The dedicated structure or stand used for selling fireworks is excluded;
Storage must be a minimum of 250 feet from a place of residence or public assembly building;
Storage may not be located on a highway or utility right of way;
Storage at any site except approved retail locations must be in accordance with the requirements for low explosives in Section 5604.3.2.

5608.11.13 Permitted sales location. All 1.4G fireworks must be sold from the location specified in the permit application.

5608.11.14 Suspension of sales and use. The sale or use of fireworks may be suspended by the state fire marshal in any area where the Department of Natural Resources has declared the wild fire danger to be high/extreme or depleted resources.";

(54) Chapter 57, Section 5704.3.5 (Storage in control areas) of the IFC, is revised by deleting Section 5704.3.5.1 (Basement storage);

(55) Chapter 57, Section 5706.3 (Well drilling and operating) of the IFC, is revised by adding a second sentence to read: "This section does not apply to offshore oil platforms.";

(56) Chapter 58, Section 5801 (General) of the IFC, is revised by adding a new Section 5801.3 to read: "5801.3 Plan review. Where a single container is over 500-gallon (1,892.7 L) water capacity or the aggregate capacity of containers is over 500-gallon (1,892.7 L) water capacity, the installer shall submit plans for review before installation in accordance with 13 AAC 50.027. ;

(57) the appendices of the IFC are amended by adding Appendix KK to read:

APPENDIX KK

FIRE STATUS REPORTING

KK101 Scope. All fire service companies providing services in this state shall provide a legible copy of all fire system service reports to the authority having jurisdiction or closest state division of fire and life safety office as adopted and amended in the IFC 2021 Edition as listed in this appendix.

Exception: Industrial occupancies with a fire system preventive maintenance program approved by the division of fire and life safety. This appendix contains contact information.

KK102 Status 1. Systems out of service or major deficiencies. The fire service company shall immediately contact the authority having jurisdiction or closest state division of fire and life safety office if the system cannot be returned to service. On a weekend or after hours, contact the authority having jurisdiction or closest state division of fire and life safety office on the first business day. Written notification shall be sent by fascimile transmission to the authority having jurisdiction or closest state division of fire and life safety office within 24 hours. Notification may be made by electronic mail.

KK102.1 Corrective action time. Status 1 systems shall be repaired immediately.

KK102.1.1 For example but not limited to

KK102.1.1.1 Fire sprinkler or water based systems:

Non- working flow/pressure switches.
Damage to fire department connections.
No water to system.
Frozen or otherwise damaged system.

KK102.1.1.2 Fire pumps:

Non-working fire pumps.
Fire pump controls not working or malfunctioning.

KK102.1.1.3 Fire alarm systems (detection and alarm):

Non-working fire alarm panel.
Malfunctioning fire alarm panel.
Audio and visual devices not working entire loop.
Detection not working entire detection loop.
Loss of programming.

KK102.1.1.4 Kitchen hood fire systems:

System cylinder is not charged or leaking.
Appliance not properly covered due to rearrangement of appliances.
Plugged discharge nozzles.
Automatic detection not functional.
Gas or electric not shutting down.

KK102.1.1.5 Clean agent or special hazard system:

System cylinder is not charged or leaking.
Releasing panel not functional.

KK103 Status 2. Critical deficiencies. If systems have critical deficiency reports, the critical deficiency reports shall be provided to the authority having jurisdiction or closest state division of fire and life safety office within 14 days.

KK103.1 Corrective action time. Status 2 systems shall be repaired within 14 days.

KK103.1.1 For example but not limited to

KK103.1.1.1 Fire sprinkler or water based system:

Five or more painted sprinkler heads in a concentrated area or more than 10 in a facility.
Change of use that will affect the performance of the sprinkler system.
Low water pressure.
No monitoring on required systems.
Any other major problem that will affect the performance.

KK103.1.1.2 Fire pumps:

Low fuel
Pump packing leaking beyond specifications.
Fire pump room below 40°.
Fire pump not meeting its rated discharge pressure or GPM flow over a 10 percent difference.
Any other major problem that will affect the performance.

KK103.1.1.3 Fire alarm systems (detection and alarm):

Batteries overdue for replacement.
No monitoring on required system.
Audio and visual devices not working - up to three devices, over three devices Status 1.
Detection not working - up to three devices, over three devices Status 1.
Any other major problem that will affect the performance.

KK103.1.1.4 Kitchen hood fire systems:

Hood and ducts with heavy grease buildup.
Any other major problems that will affect the performance.

KK104 Status 3. Minor deficiencies. Minor deficiency reports shall be provided to the authority having jurisdiction or closest state division of fire and life safety office within 30 days. These deficiencies will not affect the performance of the system.

KK104.1 Corrective action time. Status 3 systems shall be repaired within 30 days.

KK105 Status 4. No deficiencies. Systems with no deficiencies shall be reported to the authority having jurisdiction or closest state division of fire and life safety office within 30 days.

KK105.1 Information to be provided. System service reports shall have the following information as follows:

The inspection company name shall be printed on all reports with the company's address and telephone number.
The inspector's first and last name shall be printed with the permit number of the inspector's fire systems permit required under AS 18.70.090 and 13 AAC 50.035.
The inspector's office telephone number shall be printed, and the inspector's cellular telephone number, if available, shall also be printed.
Deficiencies shall be typed or written and shall be printed text. No cursive or longhand handwriting is acceptable. Typed reports shall use at least 10 point font and handwritten reports shall use at least 3/8 inch spacing between lines.
All reports shall have the building name, occupancy inspected, and address clearly identified on the first page, and all subsequent pages shall have the building name and date of inspection on the top of the page.
All reports shall have the building contact person's name with telephone number on the front page.
Only white and yellow copies will be accepted by the state division of fire and life safety for reports submitted.
Deficiency write ups must include the code citation that is in violation and a description of the problem.

Items having minor deficiencies shall be submitted by electronic mail to dps.fire.systems@alaska.gov

Systems out of service and those with major deficiencies shall have a report submitted by electronic mail or facsimile transmission to the authority having jurisdiction or closest state division of fire and life safety office within one day.

Electronic mail: dps.fire.systems@alaska.gov.

Fax: 907-269-5018

History

Authority: AS 18.70.080
Eff. 1/14/81, Register 77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register 126; am 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am 8/27/2004, Register 171; am 9/12/2007, Register 183; am 11/16/2012, Register 204; am 5/19/2017, Register 222; am 10/28/2022, Register 244

13 AAC 50.027 Non-structural plan review and approval; stop work orders

(a) Before beginning the construction, alteration, repair, or changing the occupancy of a building, a substantial land structure, or structure regulated by the state division of fire and life safety, plans and specifications regarding that building's or structure's location on the property, area, height, number of stories, occupancy, type of construction, fire-resistive construction, interior finish, exit facilities, electrical systems, mechanical systems, flammable or combustible liquid and gas storage tanks and their appurtenances, automatic fire-extinguishing systems, and fire alarm systems must be submitted by the owner or the owner's representative to the state division of fire and life safety for examination and approval. This review does not address structural considerations or mechanical or electrical review beyond that necessary to confirm compliance with fire or life safety requirements. A copy of the approval must be posted as required in 13 AAC 55.100.

(b) It is prohibited to occupy a building for which plans have not been examined and approved if the construction, alteration, repair, or change in occupancy began on or after December 5, 1956. The state fire marshal may post a building constructed without a plan review, as set out in 13 AAC 50.070(b).

(1) upon application for a plan review, a plan review fee must be paid to the State of Alaska; the plan review fee is established by the International Building Code (IBC) Section 109, adopted by reference in 13 AAC 50.020; the value of the proposed construction will be determined by the division of fire and life safety using the valuation schedule, the plan review fee table, and the plan review fee formula set out in (6), (7), and (8) of this subsection; renovation, alterations, and mechanical changes and fuel system installation and replacement valuation is determined by the project cost; the fee schedule will then be applied to the calculated fee; if the division of fire and life safety cannot determine project value using the valuation schedule or the construction estimate, an hourly fee of $75 per hour or fraction of an hour will be charged; the minimum review fee for industrial use facilities, including oil, gas, and mining facilities, is $1,000; the plan review fee for home day cares is $100; the plan review fee for a relocation review is $150; the minimum fee for other uses requiring administrative approval, such as impairments, code modifications, foundations, and framings, is $150;

(2) if plans are revised to an extent that requires a new plan review, the charge will be the same as for new plans;

(3) if the division of fire and life safety determines that it is advisable because of the complexity of plans submitted, the state fire marshal will submit the plans to the International Code Council (I.C.C.) for plan review by that organization; the person submitting the plans to the state fire marshal is responsible for the fee of the International Code Council;

(4) the charge for a plan review for plans submitted for identical structures within the same subdivision or planned unit development is the full fee for one original set, and 60 percent of the full plan review fee for each additional set of plans of the same identical structure; each identical structure shall be issued a separate approval permit;

(5) if any work for which a plan review and approval is required by this subsection has been started without first obtaining plan review and approval, a special processing plan review fee will be charged; the special processing plan review fee is an additional charge equal to the amount of the standard plan review fee for the project; subsequent violations by the same person or business will result in an additional special processing fee multiplied by the number of previous violations;

(6) the division of fire and life safety shall determine value of the proposed construction using the valuation schedule set out in this paragraph, as follows:

Valuation Schedule Group 2021 International Building Code

Click to view

(7) the division of fire and life safety shall use the following for calculating fees for plan review, and the fire chief of a fire department or a building official of a municipality recognized under 13 AAC 52.030 may use the plan review fee table in this paragraph for fee determination or, notwithstanding 13 AAC 55.030(c), may use another fee table approved by the local jurisdiction:

TOTAL VALUATION FEE

Valuation Basic Fee Each Additional $1,000

or Fraction of $1,000 $1 to $25,000$100 for the first

$8,000$16$25,001 to $50,000$430.25 for the first

$25,000$11.10$50,001 to $100,000$780.05 for the first

$50,000$8$100,001 to $500,000$1,093.05 for the first

$100,000$6.60$500,001 to $1,000,000$3,556.75 for first

$500,000$5.75Over $1,000,000$6,168.75 for first

$1,000,000$4.15

(8) plan review fees shall be determined using the following formula:

(A) for valuation, project floor area in square feet multiplied by the cost per square foot from the valuation schedule set out in (6) of this subsection equals the project total valuation;

(B) for the fee, the basic fee from the plan review fee table set out in (7) of this subsection plus the additional fee per $1,000 valuation over the basic fee from the plan review fee table multiplied by 75 percent equals the plan review fee.

(d) If work is being done contrary to the provisions of this section, the division of fire and life safety may order the work stopped by notice in writing served on any persons engaged in or causing the work to be done. The persons doing the work shall immediately stop the work until authorized by the division of fire and life safety to proceed.

(e) The division of fire and life safety shall use the following for calculating fees for fire system plan review:

Systems Fee Schedule Permit fee Plan Review Fee $1 to $500$69$501 to $1,000$117$1,001 to $2,000$195$2,001 to $3,000$293$3,001 to $4,000$391$4,001 to $6,000$489$6,001 and up$587

Filing fee: $25

Per device fee: $2

Device fee x number of devices = permit Fee

Plan review fee based on permit fee

The minimum fee of $150

Total fee due is the amount of all the fees listed.

History

Authority: AS 18.70.080; AS 18.70.090
Eff. 6/15/79, Register 71; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register 126; am 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am 8/27/2004, Register 171; am 9/13/2007, Register 183; am 11/16/2012, Register 204; am 5/19/2017, Register 222; am 10/28/2022, Register 244

13 AAC 50.030 Fire protection systems (installed and portable)

(a) Fire extinguishing systems, fire detections systems, fire alarm systems, portable and manual fire control equipment and automatic fire extinguishing systems, and other installed fire appliances must be installed and maintained as required by 13 AAC 50.020, 13 AAC 50.025, and this section.

(b) Single-station smoke detection devices as required by AS 18.70.095 must meet the requirements of NFPA Standard 72-2019, as adopted by reference and, at a minimum, must be installed in accordance with IBC Section 907.2.11 and the standards of this subsection. Smoke detectors may be solely battery operated when installed in existing buildings built before January 1, 1989 or in buildings without commercial power. The following are additional installation standards:

(1) detectors must be installed, maintained, and tested in accordance with the manufacturer's recommendations;

(2) approved detectors are those that are listed and approved by a nationally recognized testing laboratory and accepted by the United States Occupational Safety and Health Administration such as Underwriters' Laboratories, Inc., or Factory Mutual, Inc.

(c) An automatic fire detection system required by AS 18.70.082 must, at a minimum, be installed to meet the requirements of IFC Section 907.

(d) A person may not inspect, recharge, maintain, or hydrostatic test portable fire extinguishers unless a permit from the state fire marshal has been issued. The following apply to permits under this subsection:

(1) each applicant for a Fire Extinguisher Technician I permit must pass a written examination given by the state fire marshal in order to qualify for a permit; the applicant's application will be reviewed within 10 working days from the date of submittal of the application; the applicant will be notified by electronic mail or telephone if more information is required; the state fire marshal will issue the permit within 10 working days after the applicant successfully passes the examination;

(2) each applicant for a Fire Extinguisher Technician II permit must pass the International Code Council/National Association of Fire Equipment Distributors FK Certified Portable Fire Extinguisher Technician test; the applicant's application will be reviewed within 10 working days from the date of submittal of the application; the applicant will be notified by electronic mail or telephone if more information is required; the state fire marshal will issue the permit within 10 working days after the applicant successfully passes the test;

(3) a permit endorsed with the type of qualification will be issued to each qualified person for Fire Extinguisher Technician I and II;

(4) a permit issued under this subsection is presumed to contain the requirement that the applicant carry out the permitted activity in compliance with all the requirements of state statutes and this chapter; a permit is nontransferable; a permit is valid for three years after the date of issue; an infraction of this chapter or prescribed manuals may be cause for revocation of the permit;

(5) permits are classified and defined as follows:

(A) Fire Extinguisher Technician I - inspect, recharge, distribute, and maintain portable fire extinguishers;

(B) Fire Extinguisher Technician II - inspect, recharge, distribute, maintain, and hydrostatic test portable fire extinguishers;

(6) a permit holder shall place or cause to be placed the holder's permit number on the inspection tag of a portable fire extinguisher to identify the work performed under the permit for Fire Extinguisher Technician I and II;

(7) documentation for monthly inspections will consist of the person's signature on the extinguisher inspection tag or appropriately documented in accordance with electronic monitoring and inspection methods as adopted by NFPA 10-2021; it is the responsibility of the employer to provide training and documentation to enable the employer's personnel to conduct monthly inspection and non-invasive maintenance of portable fire extinguishers;

(8) if an individual is involved in the maintenance of a fire extinguisher and does not possess a required permit, the state fire marshal may order work stopped by service of an order in writing in accordance with 13 AAC 50.070;

(9) the state fire marshal or fire extinguisher permit program manager will provide written notice to a permit holder at least 10 days before an action to revoke or suspend a permit; the state fire marshal or fire extinguisher permit program manager may revoke or suspend a permit

(A) if a permit holder has materially misrepresented that individual's qualifications in obtaining or renewing the permit or is subject to revocation under 13 AAC 55.100(c);

(B) if a permit holder is found, after an administrative investigation, to be negligent, incompetent, or to have committed substantial misconduct in the preparation of technical drawings, or the installation or maintenance of a system;

(D) for other good cause found by the state fire marshal or fire extinguisher permit program manager;

(10) an order of suspension must state the length of the suspension; the period of suspension may not be less than 30 days and may not exceed one year from the date of the order;

(11) an order of revocation must state the length of the revocation; the period of revocation may not be less than one year and may not exceed two years from the date of the order;

(12) If the state fire marshal or the fire systems permit program manager issues an order of suspension or revocation, the permit holder may, within seven days after receiving the order, file a written appeal to the state fire marshal; within 10 days after receiving the appeal, the state fire marshal will review the order and issue a written decision; the appeal must be postmarked within seven days following the date of receipt of the order; the order must be complied with within the time specified in the order unless the state fire marshal revokes the order; the state fire marshal's decision on an appeal under this subsection is a final order of the department for purposes of AS 18.70.100.

History

Authority: AS 18.70.010; AS 18.70.085; AS 18.70.095 AS 18.70.080; AS 18.70.090
Eff. 6/25/69, Register 30; am 2/21/71, Register 37; am 1/14/81, Register 77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register 126; am 8/31/96, Register 139; am 9/15/2001, Register 159; am 8/27/2004, Register 171; am 11/16/2012, Register 204; am 5/19/2017, Register 222; am 10/28/2022, Register 244

13 AAC 50.035 Permit required

(a) A company designing, installing, testing, or maintaining fire alarm signaling systems, or automatic fire suppression systems must employ sufficient personnel who hold valid permits in the appropriate classifications under this section to provide direct oversight and supervision of work being performed on the fire systems. A professional mechanical or electrical engineer registered under AS 08.48, who has relevant system design experience, and the company that employs that engineer are exempt from the permit requirements of this section for system design. A plumber holding a certificate of fitness under AS 18.62 and certified by the manufacturer of the system may perform multi-purpose residential suppression system installations conforming to NFPA 13D (2019 edition) or IRC P2904. Notwithstanding the requirements of this subsection,

(1) owner maintenance may be performed without a permit; and

(2) fire alarm systems may be installed under the direction of an electrical administrator licensed under AS 08.40 without a permit required by this section provided that the final acceptance test and certification of the system is conducted by a qualified person who holds a valid permit under this section.

(b) A company that engages in the design, installation, or maintenance of a system shall record its work by annotating plans, test certificates, inspection reports, and system inspection tags with the permit holder's permit number, or professional engineer's registration number or seal.

(c) A permit issued under this section expires three years from the date of issuance. The authority of a permit holder to design, install, or maintain a system under a permit ceases immediately upon expiration of the permit. A permit may be renewed upon application to the division of fire and life safety on forms provided by the division and a minimum of 15 documented credit unit hours of continuing education over the course of the permit being renewed. Continuing education credit units are based on an hour-for-hour formal training conducted within the permit type being renewed. However, instead of 15 documented continuing education units for renewal, an applicant for a state Class IB-Special permit described in (f)(3) of this section must provide a current electrician journeyman license for this state and a certificate of fitness under AS 18.62.

(d) A company must employ at least one permit holder who holds a permit in the classifications specified in (e) of this section that cover the work the company wishes to perform. A company may only perform work within the scope of the permits held by its employees, except that system design drawings may be prepared for that company by another company or individual who has the necessary permits. If a permit holder terminates employment with the company, the company shall immediately stop all activities within the scope of work authorized by the permits held by that individual except that a company may complete work designed by a permit holder following the permit holder's termination of employment with the company if the design plans for that work have been prepared and approved under 13 AAC 50.027 before the date of termination.

(e) A permit holder may, within the scope of the permit holder's permit classification as defined in (f) of this section, perform or supervise the preparation of technical drawings, and the installation, inspection, or maintenance of fire alarm signaling systems, fire suppression systems, or any part of a system.

(f) The state fire marshal will issue permits under this section according to the following classifications:

(1) Class IA: limited to the maintenance and testing of fire alarm signaling systems and related devices;

(2) Class IB: limited to the installation, maintenance, and testing of fire alarm signaling systems and related devices;

(3) Class IB-Special: limited to the installation of fire alarm signaling systems and related devices;

(4) Class IC: limited to the design, installation, maintenance, and testing of fire alarm signaling systems and related devices;

(5) Class IC-DO: limited to the design of fire alarm signaling systems and related devices;

(6) Class IIA: limited to the maintenance and testing of fire sprinkler and standpipe systems beginning at the point the water supply is used exclusively for the fire suppression system;

(7) Class IIB: limited to the installation, maintenance, and testing of water fire sprinkler and standpipe systems beginning at the point the water supply is used exclusively for the fire suppression system;

(8) Class IIC: limited to the design, installation, maintenance, and testing of water fire sprinkler and standpipe systems beginning at the point the water supply is used exclusively for the fire suppression system;

(9) Class IIC-DO: limited to the design of water fire sprinkler and standpipe systems beginning at the point the water supply is used exclusively for the fire suppression system;

(10) Class IIIA: limited to the maintenance and testing of special hazard systems;

(11) Class IIIB: limited to the installation, maintenance, and testing of special hazard systems;

(12) Class IIIC: limited to the design, installation, maintenance, and testing of special hazard systems;

(13) Class IIIC-DO: limited to the design of special hazard systems;

(14) Class IV: limited to the installation, maintenance, and testing of pre-engineered dry and wet chemical fire suppression systems for restaurant and commercial hoods, ducts and associated cooking appliances.

(g) To qualify for a permit under this section, an applicant

(1) shall submit an application to the state fire marshal on a form provided by the division of fire and life safety; the permit will be issued within 10 working days from the date of submittal of a complete packet; a complete packet consists of the division of fire and life safety application form and supporting documents; the applicant will be notified by electronic mail and telephone before 10 working days if more information is required;

(2) must be 18 years of age or older; and

(3) at the time of application, must meet the following minimum requirements for the class of permit for which the applicant has applied:

(A) Class IA: have

(i) not less than two years cumulative experience in the fire alarm signaling system business; and

(ii) passed the examination for NICET II certification elements in fire alarm systems or the equivalent;

(B) Class IB:

(i) have not less than two years cumulative experience in the fire alarm signaling systems business;

(ii) be employed in a position of supervisory responsibility for the installation, maintenance, and testing of fire alarm signaling systems; and

(iii) have passed the examination for NICET II certification elements in fire alarm systems or the equivalent;

(i) have completed an approved electrical apprentice program;

(ii) be a current journeyman electrician in this state under AS 18.60.580 and AS 18.62; and

(iii) not hold a position of supervisory responsibility;

(D) Class IC:

(i) have not less than five years cumulative experience in the fire alarm signaling systems business;

(ii) be employed in a position of supervisory responsibility for the preparation of technical documents and the installation, maintenance, and testing of fire alarm signaling systems; and

(iii) have passed the examination for NICET III certification elements in fire alarm systems or the equivalent;

(E) Class IC-DO:

(i) have not less than five years cumulative experience in the design of fire alarm signaling systems business;

(ii) be employed in a position of supervisory responsibility for the design of fire signaling systems; and

(iii) have passed the examination for NICET III certification elements in fire alarm systems or the equivalent;

(F) Class IIA:

(i) have not less than two years cumulative experience in the water-based fire suppression system business; and

(ii) have passed the examination for NICET II certification elements in automatic sprinkler systems or the equivalent;

(G) Class IIB:

(i) have not less than two years cumulative experience in the water-based fire suppression system business;

(ii) be employed in a position of supervisory responsibility for the installation, maintenance, and testing of water-based fire suppression systems; and

(iii) have passed the examination for NICET II certification elements in inspection and testing of water based systems or the equivalent;

(H) Class IIC:

(i) have not less than five years cumulative experience in the water-based fire suppression system business;

(ii) be employed in a position of supervisory responsibility for the preparation of technical documents and the maintenance and testing of water-based fire suppression systems; and

(iii) have passed the examination for NICET III certification elements in automatic sprinkler systems or the equivalent;

(I) Class IIC-DO:

(i) have not less than five years cumulative experience in the design of water-based fire suppression system business;

(ii) be employed in a position of supervisory responsibility for the design of sprinkler systems; and

(iii) have passed the examination for NICET III certification elements in automatic sprinkler systems layout or the equivalent;

(J) Class IIIA:

(i) have not less than two years cumulative experience in the special hazard systems business; and

(ii) have passed the examination for NICET II certification elements in special hazard systems or the equivalent;

(K) Class IIIB:

(i) have not less than two years cumulative experience in the special hazard systems business;

(ii) be employed in a position of supervisory responsibility for the installation, maintenance, and testing of special hazard systems; and

(iii) have passed the examination for NICET II certification elements in special hazard systems or the equivalent;

(L) Class IIIC:

(i) have not less than five years cumulative experience in the special hazard systems business;

(ii) be employed in a position of supervisory responsibility for the preparation of technical documents and the maintenance and testing of special hazard systems; and

(iii) have passed the examination for NICET III certification elements in special hazard systems or the equivalent;

(M) Class IIIC-DO:

(i) have not less than five years cumulative experience in the design of special hazard system business;

(ii) be employed in a position of supervisory responsibility for the design of special hazard systems; and

(iii) have passed the examination for NICET III certification elements in special hazard systems layout or the equivalent;

(N) Class IV:

(i) have not less than two years cumulative experience in the kitchen fire suppression system maintenance business;

(ii) have passed the examination for NICET II or the equivalent, or the International Code Council/National Association of Fire Equipment Distributors FK Pre-engineered Kitchen Fire Extinguishing System Technician Certification test;

(iii) possess at least one manufacturers training certificate; and

(iv) possess the specific system manuals for the systems to be serviced.

(h) If a company or individual is involved in the installation, maintenance, or design of a fire suppression system or fire alarm signaling system and does not possess a required permit, the state fire marshal may order work stopped by service of an order in writing in accordance with 13 AAC 50.070.

(i) The state fire marshal or fire systems perm it program manager will provide written notice to a permit holder at least 10 days before an action to revoke or suspend a permit. The fire marshal or fire systems permit program manager may revoke or suspend a permit.

(1) if a permit holder has materially misrepresented that individual's qualifications in obtaining or renewing the permit or is subject to revocation under 13 AAC 55.100(c);

(2) if a permit holder is found, after an administrative investigation, to be negligent, incompetent, or to have committed substantial misconduct in the preparation of technical drawings, or the installation or maintenance of a system;

(3) based upon documented and repeated violations of 13 AAC 50 - 13 AAC 55 by a permit holder; or

(4) for other good cause found by the state fire marshal or fire extinguisher permit program manager.

(j) An order of suspension must state the length of the suspension. The period of suspension may not be less than 30 days and may not exceed one year from the date of the order;

(k) An order of revocation must state the length of the revocation. The period of revocation may not be less than one year and may not exceed two years from the date of the order.

(l) If the state fire marshal or the fire systems permit program manager issues an order of suspension or revocation, the permit holder may, within seven days after receiving the order, file a written appeal to the state fire marshal. Within 10 days after receiving the appeal, the state fire marshal will review the order and issue a written decision. The appeal must be postmarked within seven days following the date of receipt of the order. The order must be complied with within the time specified in the order unless the state fire marshal revokes the order. The state fire marshal's decision on an appeal under this subsection is a final order of the department for purposes of AS 18.70.100.

(m) In this section,

(1) "company" means any individual, partnership, firm, group, organization, corporation, or any other entity that performs or represents itself as qualified to perform any of the following functions related to a fire alarm signaling system or fire suppression system, or any portion of a system:

(A) preparation of technical design, specification development, consultation, evaluation, and project management as it relates to their permit;

(B) installation, either in whole or in part;

(D) inspection;

(2) "design" means the preparation of detailed drawings of fire alarm detection, signaling, or fire suppression systems and the calculations and specifications for those systems completed in accordance with the requirements of 13 AAC 50 - 13 AAC 55, including the direction and or performance of fire protection system surveys, consultation, investigation, evaluation, preparation of technical design documents, specification development, project management, planning, observation of construction, and the organizational and economic aspects of these activities as it relates to their permit;

(3) "direct oversight and supervision" means that a company must have sufficient personnel on site with appropriate permits to inspect and certify that work being performed on systems is in compliance with applicable laws, product listings, and manufacturer's installation instructions for each phase of installation and at the functional checkout and commissioning of the system;

(4) "equivalent" means relevant formally approved experience and training in the design, installation, or maintenance of fire protection systems; whether that experience and training is substantially equivalent or more is

(A) determined by the state fire marshal; and

(B) achieved primarily through

(i) union apprenticeship recognized by the division of fire and life safety;

(ii) a college or industry trade programs; or

(iii) appropriate professional engineer attainment;

(5) "fire alarm signaling system" means any signaling system that is either automatically or manually activated to notify persons on or off the property of a fire condition;

(6) "fire suppression system" means a system that is either automatic or manual and designed to protect a process, building, or structure from fire; "fire suppression system" includes piping, fire mains, standpipes, and thermal systems connected to the system;

(7) "installation" means the initial placement of equipment or the extension, modification, or alteration of a system after the initial placement;

(8) "maintenance" means to repair, service, or replace a system or a system component when, for any reason, it becomes undependable or inoperative; "maintenance" includes periodically recurrent inspections and tests required to keep a system and its component parts in an operative condition at all times;

(9) "NICET" means the National Institute for Certification in Engineering Technologies;

(10) "owner maintenance" means basic maintenance performed by an owner or the owner's representative who is capable of performing maintenance in accordance with the law and nationally recognized standards of good practice; owner maintenance includes the following nontechnical repairs:

(A) replacing sprinkler heads;

(B) resetting valves;

(D) replacing batteries;

(E) replacing indicator lamps;

(F) tightening electrical connections;

(G) replacing damaged or inoperative detection or audible devices; or

(H) monthly fire extinguisher inspections as required by the United States Department of Labor, Occupational Safety and Health Administration (OSHA) or NFPA 10;

(11) "permit" means the document issued under this section by the state fire marshal to an individual as verification of that individual's qualifications to design, install, and maintain fire protection systems in accordance with this section;

(12) "permit holder" means an individual who has been issued a permit under this section by the state fire marshal;

(13) "special hazard system" means a system that uses gases, chemicals, or foam as the fire suppression agent and includes Halon systems, CO2 systems, wet chemical systems, dry chemical systems, aqueous film forming foam (AFFF) systems, and protein foam systems;

(14) "system" means a fire alarm signaling system or fire suppression system;

(15) "water-based fire suppression system" means a system that uses water as the suppression agent; "water-based fire suppression system" includes automatic fire sprinkler systems and standpipe systems and water mist systems.

History

Authority: AS 18.70.010; AS 18.70.080; AS 18.70.090
Eff. 6/10/93, Register 126; am 8/31/96, Register 139; am 9/13/2007, Register 183; am 11/16/2012, Register 204; am 5/19/2017, Register 222; am 10/28/2022, Register 244

13 AAC 50.040 Hazardous substances

Repealed 1/14/81.

13 AAC 50.050 Hazardous processes

Repealed 1/14/81.

13 AAC 50.060 Occupancy standards

A person, as defined in AS 01.10.060, may not install, sell, or offer for sale any fire-retardant paints or solutions, foam plastics, thermal barriers, or similar building products, purported to be fire resistant or for fire protective purposes unless the products have been listed by a nationally recognized testing laboratory.

History

Authority: AS 18.70.010; AS 18.70.080

13 AAC 50.070 Inspections, orders, and appeals

(a) If an officer of the division of fire and life safety finds a building or premises in which the following dangerous conditions or materials exist, the officer shall order the conditions or materials to be remedied or removed as directed by the state fire marshal:

(1) dangerous amounts of combustible, explosive, or otherwise hazardous materials;

(2) hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, flammable, explosive, or otherwise hazardous materials;

(3) dangerous accumulations of decorations, rubbish, wastepaper, boxes, shavings, or combustible or flammable liquids or materials;

(4) accumulations of dust or waste materials in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts;

(5) obstructions to or on fire escapes, stairs, passageways, doors, or windows, which will interfere with operations of the fire department or egress of occupants in case of fire or explosion;

(6) ineffective fire assembly, exit door, attic separation, area separation, fire separation, or occupancy separation;

(7) a chimney, smokestack, stove, oven, incinerator, furnace or other heating device, or electric fixture found to be defective or unsafe so as to create a fire danger;

(8) a building or structure which because of a lack of repairs, adequate exit facilities, automatic or other fire-alarm apparatus or fire-extinguishing equipment, or any other cause including age, is hazardous; or

(9) any other condition that violates this chapter, and which the state fire marshal finds is hazardous.

(b) If an order is issued to eliminate a dangerous or hazardous condition described in (a) of this section and the condition is not corrected within the time specified in the order, the state fire marshal may post at the entrance to the building or premises a notice to read "DO NOT ENTER, UNSAFE TO OCCUPY. DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE AND LIFE SAFETY." The notice must remain posted until the required repair, demolition or removal is completed, and may not be removed without written permission of the state fire marshal. No person may enter a posted building unless the person does so to make required repairs or to demolish or remove the hazardous condition.

(c) The service of an order for the correction of a violation of (a) of this section must be made upon the owner, occupant, or other persons responsible for the condition by

(1) delivering a copy to the person responsible for the condition or to the person in charge of the premises;

(2) affixing a copy in a conspicuous place on the door to the entrance of the premises; or

(3) mailing a copy of the report to the responsible person by certified mail at his or her last known address.

(d) If a building or other premises is owned by one person and occupied by another under lease or similar agreement, orders issued under (a) of this section apply to the occupant unless the rule or order requires additions to or changes in the premises which would become the real property of the owner of the premises. In which case, the rule or order must be sent to the owner.

(e) If an order is made by the state fire marshal or the marshal's authorized representative, the owner or occupant may, within seven days after receiving the order, file a written appeal to the state fire marshal who will, within 10 days after receiving the appeal, review the order, and issue a written decision. The appeal must be postmarked within seven days following the date of receipt of the order. The order must be complied with within the time specified in the order unless the state fire marshal revokes the order. The state fire marshal's decision on an appeal under this subsection is a final order of the Department of Public Safety for purposes of AS 18.70.100.

(f) No person may make a false statement with the intent to mislead the state fire marshal in connection with the marshal's official duties, including in response to orders of the Department of Public Safety to alter, repair, change, or correct a violation or deficiency.

History

Authority: AS 18.70.070; AS 18.70.080; AS 18.70.090

13 AAC 50.075 Deferring to local authorities

(a) The state fire marshal may exempt a municipality from compliance with the requirements of 13 AAC 50.027, if the municipality

(1) has the expertise to and has enacted ordinances for the review and approval of plans and specifications and the enforcement of state fire statutes and regulations; and

(2) agrees in writing to concurrently undertake or continue a building fire safety inspection program that meets or exceeds the program conducted by the division of fire and life safety.

(b) The state fire marshal may exempt an agency of state government from compliance with the requirements of 13 AAC 50.027, if the agency

(1) has the expertise and has entered into a written agreement to review and approve plans and specifications and to enforce state fire statutes and regulations;

(2) agrees in writing to concurrently undertake or continue a building fire safety inspection program that meets or exceeds the programs conducted by the division of fire an life safety; and

(3) has full law enforcement authority and fire protection responsibilities for a specific geographic area.

(c) The state fire marshal may defer building fire safety inspection and enforcement activities to the local authorities, if

(1) the municipality complies with the requirements of 13 AAC 52.030;

(2) the municipality has a building fire safety inspection program that meets or exceeds the building fire safety inspection program conducted by the division of fire and life safety;

(3) the municipality has the expertise to enforce state fire safety statutes and regulations; and

(4) the governing body of the municipality has agreed, in writing, to enforce state fire safety statutes and regulations.

(d) If the state fire marshal determines that a municipality or agency of state government's plan review or fire safety inspection program is not providing adequate enforcement of state fire safety statutes or regulations, the state fire marshal may cancel the exemption or deferral granted under this section. The state fire marshal will give 30 days' written notice to the municipality or agency of state government before canceling the exemption or deferral.

(e) Application for deferral or exemption under this section must be made on the forms provided by the state fire marshal. Criteria for deferral and exemption are contained on the application forms. Deferral agreements will be audited every two years and a revalidated agreement signed from time to time.

History

Authority: AS 18.70.010; AS 18.70.080; AS 18.70.090
Eff. 1/14/81, Register 77; am 8/2/86, Register 99; am 6/10/93, Register 126; am 11/16/2012, Register 204; am 10/28/2022, Register 244

13 AAC 50.080 Fire chief defined

History

Eff. 6/25/69, Register 30; am 1/14/81, Register 77; repealed 8/31/96, Register 139

Chapter 52 Fire Service Operations

13 AAC 52.010 Investigation of fires

(a) The state fire marshal, or the marshal's authorized representative, may investigate, or cause to be investigated, the origin, cause, and circumstances of each fire occurring in the state which is of suspicious nature or which involves loss of life, or serious injury to a person, or by which property is destroyed or substantially damaged. The investigation will begin as soon as practical. If it appears that a fire is of suspicious origin, the state fire marshal must be immediately notified of the facts by the investigating officer.

(b) At any time during the course of a fire investigation, the state fire marshal will, in the marshal's discretion, post at the entrance to a building or premises, a notice to read "KEEP OUT. BY ORDER OF THE STATE FIRE MARSHAL." After the sign is posted, it is unlawful for persons other than those authorized by the state fire marshal to enter the premises so posted.

History

Authority: AS 18.70.010; AS 18.70.030; AS 44.17.030

13 AAC 52.020 Fire records

(a) Every fire or other related incident must be reported to the state fire marshal. Incident reports must be submitted within the first 10 days of the month following the month in which the incident occurred. Incident reports must be submitted by the fire chief, investigating officer, or the fire chief's or investigating officer's designee, and be National Fire Incident Reporting System (NFIRS) 5.0 compatible, unless otherwise agreed between a fire department or fire agency and the state fire marshal. The division of fire and life safety shall provide each reporting fire department an annual summary of fire-related incidents reported under this section. The division shall provide the annual summary not later than September 1 of each year. The state fire marshal mandates those modules currently required by the United States Fire Administration (USFA) NFIRS 5.0 standard with the addition of the following fields:

(1) Civilian Fire Casualty - All Fields;

(2) Fire Service Casualty Module - All Fields;

(3) Arson/Juvenile Firesetter - All Fields.

(b) The division of fire and life safety will keep a record of all fires and of all the facts concerning them, including statistics as to the extent of fires and the damage caused, and whether the losses were covered by insurance and, if so, in what amount. The record will be compiled from the Alaska National Fire Incident Reporting System (ANFIRS) submitted by the fire department officers and investigators. All the records are public, except when a criminal matter is pending.

(c) Each fire insurance company authorized to transact business in this state, or its authorized agent or adjuster, shall report to the division of fire and life safety all fire losses on property insured, giving the name and address of the insured, the date of the fire, the amount of probable loss, the character of the property destroyed or damaged and the probable cause of the fire. The loss must be reported to the state fire marshal within three days after the final adjustment is made.

(d) At the conclusion of a fire investigation the disposition of the investigation shall be forwarded to the state fire marshal for inclusion in the fire record.

(e) In this section, "fire agency" includes the Department of Public Safety, the Division of Forestry and Fire Protection in the Department of Natural Resources, the Bureau of Land Management (BLM) and National Park Service in the United States Department of Interior, the Forest Service in the United States Department of Agriculture, or any other fire company that is not considered a true fire department.

History

Authority: AS 18.70.030

13 AAC 52.030 Standards of organization and services of a fire department

(a) The Department of Public Safety is a registered fire department. The division of fire and life safety will register the following fire departments that meet the requirements of (b) and (c) of this section:

(1) a fire department that by municipal ordinance is authorized to perform its duties;

(2) a fire department outside a municipality that is authorized to perform its duties;

(3) an airport fire department;

(4) an airport fire response service;

(5) an industrial fire department;

(6) an industrial fire brigade;

(7) a university or college fire department.

(b) A fire department shall submit to the division of fire and life safety a copy of the following documentation indicating legal authority requirements for the following fire department areas:

(1) if a fire department is in a unified home rule municipality, home rule borough, first class borough, or second class borough, the fire department shall submit a copy of an ordinance from the municipality or borough;

(2) if the fire department is in an organized borough or municipality, and is in an unincorporated area but has contracted with the borough or municipality, the fire department shall submit a copy of

(A) the contract between the corporation and the borough or municipality; and

(B) the fire department's bylaws;

(3) if the fire department is in an organized borough and in a home rule city, first class city, or second class city, the fire department shall submit a copy of

(A) an ordinance, resolution, or constitution from the city; and

(B) the fire department's bylaws;

(4) if the fire department is in the unorganized borough and in a home rule city, first class city, or second class city, the fire department shall submit a copy of

(A) an ordinance, resolution, or constitution from the city; and

(B) the fire department's bylaws;

(5) if the fire department is in an organized borough and in an unincorporated area, the fire department shall submit a copy of

(A) an ordinance, resolution, or constitution from the borough; and

(B) the fire department's bylaws;

(6) if the fire department is in the unorganized borough and in an unincorporated area, the fire department shall submit a copy of

(A) a certificate of incorporation from the division within the Department of Commerce, Community, and Economic Development that oversees corporations, business, and professional licensing, or a constitution from a legal entity or agency; for purposes of this subparagraph,

(i) a certificate of incorporation may include a certificate from a corporation organized under 43 U.S.C. 1601 - 1629h (Alaska Native Claims Settlement Act), as provided in AS 10.06.960, or from a nonprofit corporation organized under AS 10.20;

(ii) a legal entity or agency may be a community that governs through a constitution rather than ordinances; and

(B) the fire department's bylaws;

(7) if the fire department is an airport fire department or airport fire response service, the fire department or fire response service shall submit a copy of the airport operating certificate from the United States Department of Transportation, Federal Aviation Administration;

(8) if the fire department is an industrial fire department or an industrial fire brigade, the fire department or fire brigade shall submit a copy of its organizational statement that includes the emergency procedures.

(1) define the boundaries of the area to be served;

(2) provide for the appointment of a single fire chief of the department;

(3) provide for programs of pre-fire planning surveys, training, and fire safety and burn prevention education;

(4) provide for the investigation and determination of the cause of each fire occurring within the boundaries and comply with fire reporting requirements required by the state fire marshal under 13 AAC 52.020(a) and (d);

(5) provide for regular meetings of fire department personnel for business and training purposes;

(6) provide for a program of code enforcement if authority has been granted by the local governing body;

(7) provide a list of current department personnel and their rank; and

(8) provide for the appointment of a public fire and life safety educator, fire investigator, and Alaska National Fire Incident Reporting System (ANFIRS) manager.

(d) In order to maintain its registration, a fire department registered with the state fire marshal must submit to the state fire marshal, no later than January 31 of each year, on a form provided by the state fire marshal, a report that provides the following information about the previous calendar year:

(1) a summary of the fire department's activities;

(2) a summary of course or fire training received by the department's firefighters;

(3) the number and description of public fire safety and burn prevention education programs conducted in the community;

(4) a summary of the general condition of the department;

(5) a list of the department personnel, their rank, and pay status;

(6) a list of firefighting vehicles, special firefighting equipment, and emergency medical services equipment controlled by the department;

(7) every five years, the department's legal authority documentation and definition of the boundaries of the area to be served, as required under (b) and (c)(1) of this section.

(e) The state fire marshal may register a fire department that does not fall into a category listed in (a)(1) - (7) of this section.

(f) If a registered fire department does not make the report required under (d) of this section for more than three years, the fire department's registration lapses. To re-register, a fire department with a lapsed registration must re-submit to the division of fire and life safety the documentation and operating procedures information required under (b) and (c) of this section.

(g) The state fire marshal may suspend the registration of a fire department that fails to submit a report required under (c) of this section, fails to meet the requirements of 13 AAC 52.020, or fails to submit reasonable justification for its failure to report.

History

Authority: AS 18.70.010
Eff. 2/21/71, Register 37; am 1/14/81, Register 77; am 10/28/90, Register 116; am 6/10/93, Register 126; am 8/31/96, Register 139; am 8/27/2004, Register 171; am 9/13/2007, Register 183; am 11/16/2012, Register 204; am 5/19/2017, Register 222; am 10/28/2022, Register 244

13 AAC 52.040 Workers' compensation for volunteer firefighters

(a) A fire department of any political subdivision or service area recognized by the state fire marshal under 13 AAC 52.030 may also be eligible under AS 23.30.220(a)(4) and 23.30.243 regarding workers' compensation if a complete list of members is submitted annually to the state fire marshal. The list must include the name, position, and status of each member.

(b) Each addition or deletion from the membership list must be forwarded to the state fire marshal within 30 days after the addition or deletion.

History

Authority: AS 18.70.010
Eff. 2/21/71, Register 37; am 8/2/86, Register 99; am 8/31/96, Register 139; am 9/13/2007, Register 183

13 AAC 52.050 Standards of accreditation of a fire department training program

(a) The state fire marshal will accredit a local fire department to conduct fire training for certification that meets the requirements of (b) of this section.

(b) An accredited fire department must have operating procedures that

(1) maintain registration with the state fire marshal under 13 AAC 52.030;

(2) provide for management of the fire training program;

(3) ensure the safe operation of the fire training program;

(4) govern the selection of qualified instructors;

(5) govern the selection of instructional curriculum; and

(6) govern the documentation of the fire training program.

(1) maintain fire department registration with the state fire marshal under 13 AAC 52.030;

(2) must provide the following updated fire training program information on an annual basis:

(A) accreditation program manager;

(B) procedure or policy changes to program manager's authority, record keeping, curriculum section, or instructor selection; and

(3) make records available for an audit of the fire training program by the state fire marshal when requested, such as individual training records, class rosters, and departmental training records.

History

Authority: AS 18.70.020
Eff. 11/16/2012, Register 204; am 5/19/2017, Register 222

Chapter 54 Hazardous Chemicals, Materials, and Wastes

13 AAC 54.010 Inventory requirements

Repealed.

History

Eff. 10/28/90, Register 116; am 8/31/96, Register 139; repealed 3/27/99, Register 149

13 AAC 54.020 Placarding requirements

Repealed.

History

Eff. 10/28/90, Register 116; am 6/10/93, Register 126; repealed 3/27/99, Register 149

13 AAC 54.030 Hazardous Chemicals, Materials, and Wastes

13 AAC 54.030. Exempt facilities.

13 AAC 54.040 Municipally-operated program requirements

Repealed.

History

Eff. 10/28/90, Register 116; repealed 3/27/99, Register 149

13 AAC 54.050 Fees

Repealed.

History

Eff. 10/28/90, Register 116; repealed 3/27/99, Register 149

Chapter 55 General Provisions for 13 AAC 50 — 13 AAC 55

13 AAC 55.010 Intent

It is the intent of 13 AAC 50 - 13 AAC 55 to prescribe regulations consistent with nationally recognized good practices for the safeguarding of life and property from fire and explosion arising from the storage, handling and use of hazardous substances, materials, and devices, and from conditions hazardous to life and property in the use or occupancy of buildings or premises.

History

Authority: AS 18.70.080; AS 18.72.010

13 AAC 55.020 Prima facie evidence

Repealed 1/14/81.

13 AAC 55.030 Application

(a) 13 AAC 50 - 13 AAC 55 apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of those chapters are permitted to continue where the exceptions do not constitute a distinct hazard to life and property in the opinion of the state fire marshal.

(b) Nothing contained in 13 AAC 50 - 13 AAC 55 may be construed to apply to the transportation of an article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the United States Department of Transportation, or as applying to the military forces of the United States.

(c) No local political subdivision may set minimum standards that are less stringent than those set out in 13 AAC 50 - 13 AAC 55 unless that action is approved in writing by the state fire marshal after receipt of justification from the local jurisdiction. All proposed revisions to the codes relating to fire and life safety, to be adopted by a local jurisdiction, must be submitted to the state fire marshal.

History

Authority: AS 18.70.080

History

Authority: AS 18.70.080; AS 18.72.010

13 AAC 55.110 Fire drills

Repealed 2/21/71.

13 AAC 55.120 Deputy fire marshals

Repealed 2/21/71.

13 AAC 55.130 Modifications

(a) The state fire marshal may modify requirements of 13 AAC 50 - 13 AAC 55 during the plan review process if there are practical difficulties which make strict compliance with those requirements impractical. Modifications may be granted only when the intent of those requirements as provided in 13 AAC 55.010 is met. Applications for modifications must be made on forms provided by the state fire marshal. An application must include reasons why the regulatory provisions cannot be met and how the alternative methods will meet the intent of 13 AAC 50 - 13 AAC 55 as provided in 13 AAC 55.010. All requests will be answered in writing and a record maintained in the fire marshal's office.

(b) The appeal procedures established in 13 AAC 50.070(e) may be used to request relief from provisions of 13 AAC 50 - 13 AAC 55.

History

Authority: AS 18.70.080

13 AAC 55.140 Liability for damages

(a) 13 AAC 50 - 13 AAC 55 may not be construed to hold the state responsible for any damage to persons or property by reason of the inspection or reinspection authorized in these chapters or failure to inspect or reinspect or by reason of a permit issued as provided in these chapters or by reason of the approval or disapproval of any equipment authorized in these chapters.

(b) The provisions of 13 AAC 50 - 13 AAC 55 may not be construed to remove or lessen the responsibility of a person owning, operating, or controlling a building or structure for an injury, loss, or damage caused by fire, explosion, storage, or handling of hazardous wastes or materials or any other activity or condition regulated by those chapters.

History

Authority: AS 18.70.080

13 AAC 55.150 Definitions

(a) In 13 AAC 50 - 13 AAC 55, unless the context requires otherwise,

(1) "IBC" means the International Building Code published by the International Code Council, Inc., 2021 edition, as adopted by reference and revised in 13 AAC 50.020;

(2) "IEBC" means the International Existing Building Code published by the International Code Council Inc., 2021 edition, as adopted by reference and revised in 13 AAC 50.021;

(3) "IFC" means the International Fire Code published by the International Code Council Inc., 2021 edition, as adopted by reference and revised in 13 AAC 50.025;

(4) "IFGC" means the International Fuel Gas Code published by the International Code Council Inc., 2021 edition, as adopted by reference and revised in 13 AAC 50.024;

(5) "IMC" means the International Mechanical Code published by the International Code Council Inc., 2021 edition, as adopted by reference and revised in 13 AAC 50.023;

(6) "municipality" means a borough or city of any class in this state;

(7) "NFPA" means the National Fire Protection Association, National Fire Codes;

(8) "registered fire department" means a fire department that has filed an application for registration under 13 AAC 52.030, that the division of fire and life safety has registered, and that the state fire marshal has approved;

(9) "stand" means a small open air structure designed to limit public access to the fireworks and occupied by a retail fireworks vendor;

(10) "state fire marshal," "fire marshal," or "marshal" means the chief officer of the division of fire and life safety in the Department of Public Safety;

(11) "substantial land structure" means a floating structure that remains permanently moored while in use as a place of human occupancy and has been declared substantially a land structure by the United States Coast Guard.

(b) In 13 AAC 50 - 13 AAC 55, the definitions in the IBC, the IEBC, the IFC, the IFGC, the IMC, and the NFPA Standards are adopted as modified by (a) of this section.

(c) In the International Building Code, "building official" means the state fire marshal or the marshal's designated representatives; "marshal's designated representative" may include the building official or fire chief of a deferred jurisdiction as described in 13 AAC 50.075.

(d) In the International Fire Code, as adopted by reference and revised in 13 AAC 50.025, unless the context otherwise requires,

(1) "dangerous fireworks" under AS 18.72.100 includes International Code Council, Inc. Class C fireworks (NFPA Standard 1126-2021 edition designated explosive class 1 division 3G);

(2) "fire chief" means the head of a fire department;

(3) "fire code official" means

(A) the state fire marshal or a division of fire and life safety employee designated by the fire marshal to be a fire code official;

(B) the fire chief of a registered fire department or an employee of the fire department designated by the fire chief to be a fire code official for that jurisdiction; or

(i) the head building official or an employee of the building department designated by the head building official to be a fire code official for that jurisdiction;

(ii) the fire chief or an employee of the fire department designated by the fire chief to be a fire code official for that jurisdiction;

(4) "fireworks" means dangerous and salable fireworks;

(5) "salable fireworks" has the meaning given in AS 18.72.100.

(e) In the International Mechanical Code, adopted by reference and revised in 13 AAC 50.023, "code official" means the state fire marshal or the marshal's designated representatives. In this subsection, "marshal's designated representative" includes the building official or fire chief of a deferred jurisdiction as described in 13 AAC 50.075.

History

Authority: AS 18.70.010; AS 18.70.080

Part 3 Office of the Commissioner

Chapter 60 Licensing of Security Guards and Security Guard Agencies

Article 1 Security Guard Agencies

13 AAC 60.010 Agency license qualifications

(a) In order to be eligible to receive a license as a security guard agency, each applicant or each partner of a partnership and the qualified agent employed by an agency must be

(1) a United States citizen or resident alien with work permit;

(2) repealed 12/21/2002;

(3) at least 18 years of age;

(4) neither addicted to nor dependent on alcohol, narcotics, or other drugs;

(5) not suffering from any psychopathic condition or mental illness impairing the powers of memory, reason, judgment or perception; and

(6) an individual without a conviction, within 10 years before the date of application, for any crime classified as a felony in this state or another jurisdiction at the time the crime was committed, unless a full pardon has been granted.

(b) All applicant agencies must possess a valid Alaska business license in addition to any other corporate or municipally required license or registration.

(c) Corporate officers and persons with more than 20 percent financial interest in the agency must not have been convicted of a felony within 10 years of application, unless a full pardon has been granted.

(d) Applicants must meet insurance or bond requirements specified in 13 AAC 60.120.

(e) Applicants under (a) of this section must meet the requirements specified in 13 AAC 60.110.

History

Authority: AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.020 Application for agency license

(a) Applications must be on a form provided by the department which will require furnishing the following information:

(1) agency name;

(2) Alaska business address;

(3) Alaska business license number;

(4) branch office addresses;

(5) names of branch office managers;

(6) former Alaska business addresses;

(7) corporate or parent company name and address;

(8) affiliated companies and addresses;

(9) proposed or actual geographical area of service;

(10) names and addresses of all company or corporate officers or partners;

(11) names and addresses of all persons owning more than 20 percent financial interest in agency;

(12) state of incorporation;

(13) name of registered agent;

(14) three business or credit references for the agency;

(15) name of the qualified agent as defined in 13 AAC 60.900; and

(16) qualified agent's title, residence and mailing address, home and business telephone numbers and business address if it is different from the agency address.

(b) The following items must also accompany the application:

(1) a copy of the agency bond or proof of insurance;

(2) a description of the agency guard training program;

(3) a non-refundable application fee of $200;

(4) a copy of the agency's valid business license issued under AS 43.70.

(d) The qualified agent must meet the qualifications of and submit an application for security guard licensing.

History

Authority: AS 18.65.410; AS 18.65.420; AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.030 Agency license

(a) Upon approval of the application, the department will issue a license to the agency.

(b) The license issued to an agency must be displayed in a conspicuous place for public view in that agency's principal place of business. Duplicates must be displayed in all branch offices.

(c) Any change in the agency's name must be reported to the department at least 10 days before the effective date. Upon receipt of this notification, a new license will be issued showing the new name. The old license must be returned to the department.

(d) Any change in the business or mailing address must be reported to the department within 10 days after the change.

(e) A license is not transferable with the change of ownership of the agency.

(f) Any change in the ownership or qualified agent must be reported to the department and a new application submitted. The application must be submitted so that it will be received by the department not later than 10 days before the change. The application fee for change of ownership is $200. The application fee for a change of qualified agent is $25.

History

Authority: AS 18.65.410; AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.040 Agency license renewal applications

(a) An application for renewal of a security guard agency license must be made on a form provided by the department, and must include the following information:

(1) notice of any change in the information currently submitted to the department;

(2) an affirmation that each qualified agent, corporate officer, partner, or person with more than 20 percent financial interest in the agency has, during the period of licensure, remained in compliance with the requirements of 13 AAC 60.010(a).

(b) A renewal application must be received by the department at least 30 days before expiration of the license to assure the processing and return of the renewed license before expiration.

(1) a copy of the agency bond or proof of insurance;

(2) a non-refundable renewal application fee of $50;

(3) a copy of the agency's valid business license issued under AS 43.70.

History

Authority: AS 18.65.410; AS 18.65.430 AS 18.65.420; AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.045 Armed security guard agency license

In addition to meeting the requirements of 13 AAC 60.010 - 13 AAC 60.040 and 13 AAC 60.110, to be eligible for a license as an armed security guard agency,

(1) each applicant, owner, partner, and qualified agent must affirm that the individual has not been and is not now disqualified from possessing a firearm, including as a condition of probation or parole;

(2) the agency must provide a description of its training program; and

(3) the agency must provide a list of the agency's firearms instructors and a copy of each instructor's firearms certification as required under 13 AAC 60.110(f).

History

Authority: AS 18.65.410; AS 18.65.450; AS 18.65.470
Eff. 12/21/2002, Register 164

Article 2 Security Guards

13 AAC 60.050 Security guard license qualifications

(a) In order to be eligible to receive a license, each applicant must be

(1) a United States citizen or resident alien with a work permit;

(2) repealed 12/21/2002;

(3) at least 18 years of age;

(4) neither addicted to nor dependent on alcohol, narcotics, or other drugs;

(5) an individual without a conviction, within 10 years before the date of application, for any crime classified as a felony in this state or another jurisdiction at the time the crime was committed, unless a full pardon has been granted; and

(6) not suffering from any psychopathic condition or mental illness impairing the powers of memory, reason, judgment, or perception.

(b) Applicants must furnish information certifying that they meet the insurance or bond requirements specified in 13 AAC 60.120.

(d) Repealed 12/21/2002.

History

Authority: AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.060 Application for security guard license

(a) Applications must be on a form provided by the department which will require furnishing of the following information:

(1) full name;

(2) residence address;

(3) social security number;

(4) residence telephone number;

(5) present or prospective employer and address;

(6) age;

(7) sex;

(8) date of birth;

(9) place of birth;

(10) height and weight;

(11) hair and eye color;

(12) residence addresses for the past five years;

(13) employment for the past five years;

(14) three character references;

(15) military discharge record, if any;

(16) criminal arrest and conviction record;

(17) an affirmation that the applicant is neither addicted to nor dependent on alcohol, narcotics, or other drugs;

(18) an affirmation that the applicant is not suffering from any psychopathic condition or mental illness impairing the powers of memory, reason, judgment, or perception.

(b) The application must be signed by the applicant and the signature must be notarized.

(1) one frontal view photograph of the applicant; the photograph must

(A) include the upper part of the body from the waist up;

(B) have been taken within the 30 days before submission; and

(C) be of a size, color, and condition that will allow the photograph to be processed in the department's identification production equipment;

(2) two sets of classifiable fingerprints;

(3) proof of bonding or insurance; and

(4) a non-refundable application fee of $50 and the fees required for fingerprint processing under 13 AAC 68.900.

(d) Repealed 12/21/2002.

(e) If the applicant has been hired on a temporary basis pending issuance of license, as provided by 13 AAC 60.130, it must be so noted on the application by the agency manager.

History

Authority: AS 18.65.410; AS 18.65.450 AS 18.65.420; AS 18.65.470
Eff. 5/29/77, Register 62; am 10/2/92, Register 123; am 12/21/2002, Register 164

13 AAC 60.070 Security guard license

(a) Upon approval of the application, the department will issue a license identification card to the licensee, with the form and content of the card prescribed by the department. The license identification card remains the property of the state.

(b) One license identification card will be issued to each individual eligible to receive it. The licensee may not permit another individual to use or possess the license identification card.

History

Authority: AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.080 Security guard license renewal applications

(a) An application for renewal of a security guard license must be made on a form provided by the department, and must include the following information:

(1) notice of any change in the information currently submitted to the department;

(2) a complete list of security agencies for whom the applicant has worked during the last period of licensure;

(3) an affirmation that the applicant has, during the period of licensure, complied with the requirements of 13 AAC 60.050.

(b) A renewal application must be received by the department at least 30 days before expiration of the license to assure the processing and return of the renewed license before expiration.

(1) a copy of the bond or proof of insurance;

(2) a non-refundable renewal application fee of $50.

(d) In addition to complying with (a) - (c) of this section, an applicant for renewal of an armed security guard license must include

(1) proof of competency with a firearm demonstrated during an annual practice firing review; and

(2) an affirmation that the applicant has not been and is not now disqualified from possessing a firearm, including as a condition of probation or parole.

History

Authority: AS 18.65.410; AS 18.65.430 AS 18.65.420; AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.085 Armed security guard license

In addition to the requirements of 13 AAC 60.050 - 13 AAC 60.070, an applicant for an armed security guard license must

(1) affirm that the applicant has not been and is not now disqualified from possessing a firearm, including as a condition of probation or parole;

(2) have obtained, from an instructor certified as required under 13 AAC 60.110(f), at least eight hours of pre-assignment training in

(A) the use of firearms in compliance with state and federal statutes and regulations;

(B) handling firearms; and

(3) demonstrate competence with any firearm that may be issued to the applicant; if a licensee fails to maintain competence with that firearm during an annual practice firing review, that individual's license as an armed security guard is subject to revocation.

History

Authority: AS 18.65.410; AS 18.65.450 AS 18.65.420; AS 18.65.470
Eff. 12/21/2002, Register 164

Article 3 General Provisions

13 AAC 60.090 Designation; advertising

(a) Private security guard agencies and private security guards may not use any corporate name, including initials, which projects the image of a public law enforcement agency.

(b) The terminology "police" may not be used to identify either the agency or individuals employed by the agency.

(c) Use of the words "federal," "state," "U.S.," "United States," "Alaska," or any specific city or borough in the agency name, in a manner that would indicate an official connection with any governmental entity, is prohibited.

(d) Use of the Seal of the State of Alaska in any manner is prohibited.

(e) Designation of a private security guard as a private policeman, police officer, or peace officer is prohibited.

History

Authority: AS 18.65.450; AS 44.09.015
Eff. 5/29/77, Register 62

13 AAC 60.100 Uniforms and equipment

(a) The word "security" must be clearly visible on all uniforms. The word "security" may be displayed on a cloth or metal badge, shoulder patch, or name tag.

(b) The agency name must be clearly visible on all uniforms.

(d) A security guard agency may issue its own company identification card to its employees. The company identification card may not contain any indication that the holder or the agency is licensed by the State of Alaska.

(e) A licensee authorized to carry a firearm must be in company uniform while on duty and carrying the firearm.

(f) A licensee authorized to carry a firearm may not conceal the firearm on the licensee's person unless the licensee holds a valid concealed handgun permit issued by this state, another state, or a political subdivision of another state.

History

Authority: AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.110 Training required

(a) All security guard applicants, before issuance of a temporary permit or submission of an application to the department, must have received at least eight hours of general preassignment training relating to their duties and responsibilities as a guard.

(b) All security guards are required to complete satisfactorily at least 40 hours of inservice training within 180 days after employment. Training must include, but need not be limited to

(1) law of arrest;

(2) law of search and seizure;

(3) duties and responsibilities to the employer and client;

(4) fire prevention;

(5) first aid; and

(6) patrol techniques.

(c) All security guards must pass an annual refresher course of at least eight hours on the topics in (b) of this section. Failure to pass the refresher course may be grounds for revocation of a security guard license.

(d) Repealed 12/21/2002.

(e) Repealed 12/21/2002.

(f) Firearms training required under 13 AAC 60.085(2) may only be administered by

(1) a person certified as a qualified firearms trainer by a federal, military, state, county, or municipal law enforcement agency; or

(2) an employee of a security guard agency who has certification from a nationally recognized organization attesting to his qualifications as an instructor.

(g) Renewal applications must contain a certification stating that the required training has been successfully completed.

History

Authority: AS 18.65.440; AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.120 Insurance and bond requirements

(a) Each applicant for a security guard license and each applicant for a security guard agency license must file with the department a certificate of insurance or bond evidencing comprehensive liability coverage for death, injury, false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character and violation of right to privacy in the minimum amount of $100,000 per person and $200,000 per occurrence. Each applicant must also file a certificate of property damage insurance or bond in the amount of $100,000 per occurrence. The certificate must provide that the insurance or bond may not be modified or cancelled unless 30 days' notice of cancellation has been given to the department. Failure to maintain insurance or bond is grounds for revocation of a security guard license or a security guard agency license.

(b) If required insurance or bond is provided by an employer, a certificate of proof must be filed with each employee's application for license. If a licensed security guard is no longer covered by employer-provided insurance or bond,

(1) the employer shall immediately notify the department in writing; if non-eligibility for employer-provided insurance or bond or employee termination is due to a violation of law that would be cause for license revocation, this information must be included in the notification required by this paragraph; and

(2) the security guard shall return the license identification card to the department within 30 days after termination of coverage, unless the security guard is covered by personal insurance or bond that satisfies the requirements in (a) of this section; an individual who is required to return a license identification card under this paragraph may re-obtain the license identification card from the department upon submission of proof of insurance or bond that satisfies the requirements in (a) of this section.

History

Authority: AS 18.65.420; AS 18.65.440; AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

13 AAC 60.130 Temporary security guard license

Individual security guards may be employed by a licensed agency on a temporary basis for a period not to exceed 30 days when the

(1) agency has made reasonable and prudent inquiries to determine that the applicant is qualified to be licensed;

(2) completed application with application fee has been submitted to the department; and

(3) applicant's temporary status has been noted on the application form by the agency manager.

History

Authority: AS 18.65.410; AS 18.65.450
Eff. 5/29/77, Register 62

13 AAC 60.140 Records and reports

(a) A complete security guard employee list for the previous six months shall be submitted to the department by each agency no later than March 31st and September 30th of each year. The employee report will be a confidential document. Falsification of the employee report may be sufficient cause for revocation of the agency license.

(b) A licensed security guard shall report any change of employer to the department within five days after the change, unless the change of employer occurs as a consequence of a change in the ownership of the security guard agency.

(c) Each agency shall maintain an up-to-date record of all agency-owned firearms stored or issued to security guards. If the agency allows the use of personally owned firearms, the same records shall be maintained for these weapons.

(1) The firearm record must include make, model, caliber, serial number and to whom issued or by whom used.

(2) Firearm records must be available for inspection by members of the department at any reasonable time.

History

Authority: AS 18.65.450
Eff. 5/29/77, Register 62

13 AAC 60.850 Waiver

Upon written request, the commissioner will waive a requirement of this chapter, other than the requirements of 13 AAC 60.010(a) or 13 AAC 60.050(a), if the requester demonstrates to the commissioner's satisfaction that a waiver is consistent with AS 18.65.400 - 18.65.490 and with the protection of life and property.

History

Authority: AS 18.65.450
Eff. 12/21/2002, Register 164

13 AAC 60.900 Definitions

In this chapter

(1) "commissioner" means the commissioner of the Alaska Department of Public Safety;

(2) "department" means the Alaska Department of Public Safety;

(3) "qualified agent" means an officer, owner, partner, or individual in a management capacity, residing in Alaska, who is authorized to perform all business activities and is responsible for all activities of a security guard agency;

(4) "competence" has the meaning given in AS 18.65.790;

(5) "firearm" has the meaning given in AS 11.81.900(b).

History

Authority: AS 18.65.450
Eff. 5/29/77, Register 62; am 12/21/2002, Register 164

Chapter 62 Emergency Guards

13 AAC 62.020 Emergency guard qualifications

(a) In order to be hired as an emergency employee as a prisoner guard for the Department of Public Safety as authorized by AS 39.25.120(c)(18), the person must be:

(1) a United States citizen or resident alien with valid work permit;

(2) a resident of this state;

(3) at least 19 years of age;

(4) neither addicted to nor dependent upon alcohol, narcotics, or other drugs;

(5) free from a psychopathic condition, or mental illness impairing the powers of memory, reason, judgment, or perception; and

(6) free from any conviction of a felony, any crime involving moral turpitude, or any crime preventing ownership or possession of a firearm within 10 years of hire, unless a full pardon has been granted by the appropriate authority.

(b) For purposes of (a)(6) of this section,

(1) "crime" means an act that was classified as a crime under AS 11 at the time that the crime was committed in Alaska, or a crime in another jurisdiction if the offense has elements similar to those under Alaska law; and

(2) "any crime involving moral turpitude" means the crime of

(A) murder, sexual assault, kidnapping, child sexual abuse, incest, arson, burglary, perjury, robbery, theft, fraud, unsworn falsification, or forgery; or

(B) misconduct involving a controlled substance, misconduct involving a weapon, assault, reckless endangerment, or contributing to the delinquency of a minor, if that crime involved a victim under 18 years of age, disabled, elderly, or under the perpetrator's care and custody at the time of the offense.

History

Authority: AS 33.30.071; AS 39.25.120(c)(18)AS 44.17.030
Eff. 10/2/92, Register 123

13 AAC 62.900 Definitions

In this chapter

(1) "emergency guard" means a person hired by a law enforcement agency on behalf of the Department of Public Safety for not more than 30 consecutive days for the purpose of guarding prisoners.

History

Authority: AS 33.30.071; AS 44.17.030
Eff. 10/2/92, Register 123

Chapter 63 Forensic Alcohol Testing

13 AAC 63.010 Scientific director

(a) The commissioner will designate the director, or another employee, of the Scientific Crime Detection Laboratory as the scientific director of the breath and blood alcohol testing program. The scientific director must hold at least a bachelor's degree, with a major in chemistry or a physical science field. In addition, the scientific director must have specialized knowledge in the field of forensic alcohol testing.

(b) The scientific director is responsible for all aspects of the statewide breath and blood alcohol testing program, including the certification of breath test instruments, operators, and supervisors, and for implementing and safeguarding the scientific integrity of the breath and blood alcohol testing program.

13 AAC 63.020 Breath test instruments approved for analysis

The scientific director must approve a type of breath test instrument for use in ascertaining the alcohol content of a breath sample by chemical analysis of the breath. The scientific director will maintain a list of the individual instruments of that type which have been certified under 13 AAC 63.100 as operating within acceptable limits established by the scientific director.

13 AAC 63.030 Approval of associated equipment

Associated equipment to be used in the normal course of operation of a breath test instrument, such as mouthpieces, print-out tape, and other similar devices must be approved by the scientific director for use with the breath test instrument. The scientific director will establish and maintain a list of approved associated equipment by type, brand, or model.

13 AAC 63.040 Procedure for breath test analysis

(a) The following procedure must be used to obtain and analyze a breath sample on a breath test instrument:

(1) observe the person to be tested for at least 15 minutes immediately before testing, to ensure that the person does not regurgitate or place anything in his or her mouth during that period;

(2) respond to the visual display on the instrument by entering the data requested;

(3) when the visual display indicates that the instrument is ready to accept the person's breath sample, instruct the person to blow into the mouthpiece until the visual display indicates that a satisfactory sample has been obtained.

(b) Only a person certified as an operator under 13 AAC 63.050 may operate a breath test instrument, except that a supervisor may supervise the use of an instrument by a non-certified person for training or demonstration purposes.

(d) Repealed 11/7/98.

13 AAC 63.050 Breath test operator certification

(a) To be certified as an operator of a breath test instrument, an applicant must successfully complete a course of instruction approved by the scientific director. The course must include at least four hours of instruction in the theory of alcohol physiology, toxicology, pharmacology, instrument maintenance, practical operation, and administrative procedures. The applicant must also obtain a score of 75 percent or higher on a written examination, approved by the scientific director, covering the content of the course.

(b) The scientific director shall issue an operator certificate and operator identification number to an applicant upon receipt of written notice from a supervisor that the applicant has successfully completed a course of training and examination that meets the requirements of this section. An operator certificate expires at 11:59 p.m. on December 31 of the third year after the year issued.

13 AAC 63.060 Breath test operator recertification

(a) To renew a breath test operator's certification, a breath test operator must, during the period of the operator's current certification,

(1) complete a refresher course approved by the scientific director that includes at least four hours of instruction and training; and

(2) obtain a score of 75 percent or higher on a written examination, approved by the scientific director, covering the content of the refresher course.

(b) The breath test supervisor shall submit a written notice to the scientific director that an operator seeking to renew a breath test operator's certificate has complied with the requirements of (a) of this section. Upon receipt of the notice, the scientific director shall renew the breath test operator certificate and operator identification number.

(c) A breath test operator certificate that has been renewed under this section expires at 11:59 p.m. on December 31 of the third year after the year issued.

13 AAC 63.070 Breath test supervisor certification and duties

(a) To be certified as a breath test supervisor, an applicant must

(1) complete a 22-hour supervisor training course approved by the scientific director; the course must include instruction in the theory of alcohol physiology, pharmacology, toxicology, instrument function, instrument maintenance, practical operation, administrative procedures, legal considerations, and other pertinent subjects as required by the scientific director;

(2) possess a valid instructor's certificate issued by the Alaska Police Standards Council under 13 AAC 87.040; and

(3) obtain a score of 75 percent or higher on a written examination, approved by the scientific director, covering the content of the training course.

(b) The scientific director shall issue a breath test supervisor certificate and an identification number to an applicant if the applicant has met the requirements of (a) of this section. A breath test supervisor certificate expires at 11:59 p.m. on December 31 of the third year after the year issued.

(c) In addition to performing all the duties of an operator, a breath test supervisor may train breath test operators and perform routine maintenance on a breath test instrument. A supervisor certificate is also an operator's certificate.

(d) A breath test supervisor shall inform the scientific director of the location of breath test instruments and the status of breath test operators under the breath test supervisor's supervision.

13 AAC 63.080 Breath test supervisor recertification

(a) To renew a breath test supervisor's certification, a supervisor must, during the period of the supervisor's current certification,

(1) complete a refresher course approved by the scientific director that includes at least 15 hours of instruction and training; and

(2) obtain a score of 75 percent or higher on a written examination, approved by the scientific director, covering the content of the refresher course.

(b) If the breath test supervisor has met the requirements of (a) of this section, that supervisor may request in writing a renewed certificate from the scientific director. Upon receipt of the request, the scientific director shall renew the certificate.

(c) A breath test supervisor certificate that is renewed under this section expires at 11:59 p.m. on December 31 of the third year after the year issued.

13 AAC 63.090 Denial or revocation of certificate

(a) The scientific director will, in his or her discretion, deny or revoke the certificate of a breath test operator or a supervisor if the scientific director determines that the operator or supervisor has repeatedly failed to follow approved procedures, has engaged in conduct detrimental to the reputation or integrity of the breath test program, or is otherwise unfit to perform his or her duties. An operator or supervisor whose certificate has been denied or revoked is not eligible to apply for a certificate until one year after the date of the denial or revocation, or until some other time designated by the scientific director.

(b) An operator or supervisor may appeal the denial or revocation of a certificate by submitting to the commissioner, within 15 days after receipt of notice of the scientific director's decision, a written appeal and request for a hearing. The appellant must state the factual and legal basis for the appeal.

(c) The commissioner will review the appeal and, within 20 days after receipt, advise the appellant of acceptance or rejection of the appeal. If the appeal is rejected, the commissioner will state the reason for the rejection.

(d) If the commissioner determines that there is reason to believe that the denial or revocation of the certificate was an abuse of discretion, the commissioner will appoint a hearing officer and will schedule a hearing for the earliest practicable time, but not later than 30 days after the commissioner's decision.

(e) The hearing officer shall submit a recording of the hearing, a summary of oral testimony, copies of any written testimony, and a written recommendation to the commissioner. The commissioner will make the final decision on the appeal.

13 AAC 63.100 Breath test instrument calibration and certification

(a) Before an individual breath test instrument is certified for use in the state, the correct calibration of the instrument must be verified. The verification shall be performed by the scientific director or by a qualified person designated by the scientific director. The scientific director shall maintain a record of each verification of calibration of each instrument certified for use in the state.

(b) The calibration of a breath test instrument must be performed by the scientific director or by a qualified person designated by the scientific director.

(c) At intervals not to exceed 60 days, the accuracy of the calibration of a breath test instrument must be verified. The verification of calibration must be performed by the scientific director or by a qualified person designated by the scientific director. A written report of the verification of calibration shall be made by the person who performed that verification. That report shall be submitted to the scientific director, if the scientific director did not prepare it. Upon receipt of the written report or after preparing the written report, and if the report verifies that the calibration of the breath test instrument is accurate, the scientific director shall issue a certification for the breath test instrument. The certification is valid for 60 days after the day the verification of calibration was performed. The scientific director may require verification of calibration of a breath test instrument at more frequent intervals.

(d) The scientific director or a qualified person designated by the scientific director may inspect a breath test at any time.

(e) The scientific director may deny or withdraw a breath test instrument certification if the scientific director finds that

(1) an operator of that breath test instrument has not met the requirements of this chapter for certification or recertification as a breath test operator or supervisor; or

(2) the requirements of this chapter for the operation and maintenance of that breath test instrument have not been followed.

13 AAC 63.110 Collection and handling of blood samples

The following procedures must be followed to collect and retain a blood sample collected under AS 28.35.033 or 28.35.035:

(1) the blood sample must be collected by a physician, nurse, laboratory technician, or other qualified person;

(2) the blood sample must be collected by medically acceptable means as soon as feasible after an alleged offense, using a clean hypodermic needle and syringe, or other appropriate collection device;

(3) if feasible, sufficient blood should be collected to permit duplicate determinations;

(4) the blood sample must be deposited into a clean container; if feasible, the blood should be mixed with an anticoagulant and a fluoride preservative;

(5) if feasible, a sample of blood awaiting analysis should be stored in a refrigerator except for periods of time required for transportation;

(6) the identity and integrity of a sample must be maintained from the time of collection through analysis and reporting.

13 AAC 63.120 Methods of blood alcohol analysis

(a) Analysis of a blood sample collected under AS 28.35.033 or 28.35.035 must be performed in a laboratory setting using one of the following generally accepted techniques:

(1) a titration method;

(2) an enzymatic method;

(3) gas chromatographic analysis;

(4) mass spectrophotometeric analysis.

(b) Analytical results must be expressed in terms of the alcohol concentration in blood based on the number of grams of alcohol per 100 milliliters of blood.

13 AAC 63.130 Validity of prior approval and certificates

(a) A certificate issued to a breath test operator or supervisor under 7 AAC 30.005 - 7 AAC 30.190 remains valid until its expiration date.

(b) Breath test instruments, associated equipment, and training courses approved under 7 AAC 30.005 - 7 AAC 30.190 remain approved under 13 AAC 63.010 - 13 AAC 63.900 unless the scientific director orders otherwise.

13 AAC 63.900 Definitions

As used in this chapter,

(1) "commissioner" means the commissioner of the Department of Public Safety;

(2) "alcohol" means the unique class of chemical compounds known as ethyl alcohol;

(3) "concentration" means the weight amount of alcohol contained in a unit volume;

(4) "identification number" means the identification number assigned by the scientific director to a certified breath test operator or supervisor;

(5) "supervisor" means a person certified as a breath test supervisor under 13 AAC 63.070;

(6) "visual display" means the electronic screen on the face of a breath test instrument;

(7) "scientific director" means the person designated by the commissioner under 13 AAC 63.010(a) to serve as the scientific director of the breath and blood alcohol testing program.

Chapter 65 Appearance

13 AAC 65.010 Appearance standards

(a) All officers on duty shall wear uniforms or other clothing in accordance with established department procedures. Brass, belts, shoes, uniform shirts and pants, and equipment must be clean and cared for properly.

(b) Except when acting under proper and specific orders from a superior officer, officers on duty shall maintain a neat, well-groomed appearance and shall maintain their hair according to the following standards:

(1) natural hair must be clean, neat, and combed; hair must not extend below the top of the shirt collar at the back of the neck when standing with the head in a normal posture; the bulk or length of the hair must not interfere with the normal wearing of all standard headgear;

(2) wigs or hairpieces may be worn if they conform to the above standards for natural hair;

(3) sideburns must be neatly trimmed and may not extend below a line drawn from the bottom of the ear to the bottom of the nose; sideburns may not exceed one and one half inches in width;

(4) officers must be clean shaven; however, a moustache may be worn if it does not extend below the upper lip nor more than one-half inch beyond the corners of the mouth.

History

Authority: AS 39.26.015; AS 44.17.030
Eff. 12/10/81, Register 80

Chapter 67 Civilian Process Servers

Article 1 Civilian Process Server Application and Licensing Requirements

13 AAC 67.005 Purpose and scope of civilian process server regulations

In accordance with AS 22.20, it is the duty of the commissioner of public safety to provide for the proper service of process issued by the supreme court and all lower state courts. The supreme court, in Rule 11(b) of the Rules of Administration, Rules 4(c)(3) and 45 of the Rules of Civil Procedure, and Rule 17 of the Rules of Criminal Procedure, has specifically provided that process may be served by private persons appointed or designated by the commissioner. A civilian process server is a private person who, by virtue of holding a license issued under this chapter, may serve process under AS 22.20.120. The provisions of 13 AAC 67.010 - 13 AAC 67.990 address the application and licensing requirements, disciplinary guidelines, and standards of professional conduct that the commissioner finds are necessary to assure that the civilian service of process is done in accordance with the rules of the supreme court and in a manner that protects the public.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.010 License requirement

Except as otherwise provided in Supreme Court civil, criminal, and administrative rules, a person may not serve process unless that person is licensed by the department in accordance with this chapter.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92 Register 124

13 AAC 67.020 Process server qualifications

(a) To qualify for a process server license a person must

(1) be a United States citizen or an alien lawfully admitted for permanent residency;

(2) have resided in the state for at least 30 days immediately preceding the date of application;

(3) be at least 21 years of age;

(4) be free from any mental or emotional disorder that may adversely affect performance as a process server;

(5) be of good moral character as defined in this chapter;

(6) have a valid Alaska business license, issued under AS 43.70;

(7) have a valid municipal business license if required;

(8) have passed the process server examination required under 13 AAC 67.100.

(b) A person may not be licensed as a process server if the person

(1) has been convicted of a felony, a misdemeanor crime involving abuse or assault, or a misdemeanor crime involving dishonesty or fraud as defined in AS 11.46 and AS 11.56 during the 10 years immediately preceding the date of application, by a court of this state, the United States, another state or territory, or the military unless a full pardon has been granted; or

(2) is doing business under a name that is identical to the name under which a different process server is licensed, or is so similar to it as to create confusion or mislead a reasonable person.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.030 Process server application and supporting documents

(a) An application for a process server license must be submitted to the department on a form provided by the department printed legibly or typewritten. An application must include the following information about the applicant:

(1) full name;

(2) business name;

(3) residence address;

(4) residence telephone number;

(5) residence mail address;

(6) business location;

(7) business telephone number;

(8) business mail address;

(9) sex;

(10) height and weight;

(11) hair and eye color;

(12) date of birth;

(13) Alaska driver's license number and expiration date, or an identification card number issued by the department;

(14) statement of citizenship;

(15) criminal arrest and conviction record;

(16) employment history for the five years immediately preceding the date of application;

(17) the name of at least three persons, at least one of whom is a resident of the state, who can attest to the applicant's good character; and

(18) the name and address of all business affiliations of the applicant or the applicant's spouse.

(b) The application must include:

(1) a sworn statement that the applicant is free from any mental or emotional disorder that may adversely affect performance as a process server;

(2) a sworn statement that the applicant has read and understands 13 AAC 67.010 - 13 AAC 67.990;

(3) a sworn statement that the information contained in the application is true; and

(4) a signature and valid notarization of the signature.

(1) two sets of classifiable fingerprints on a Federal Bureau of Investigation Applicant Card (FD-258);

(2) a fee payable to the department for fingerprint processing fees under 13 AAC 25.400(a)(4)(B) and fees charged by the Federal Bureau of Investigation or other government agency for processing fingerprints or obtaining criminal records through that agency;

(3) proof of compliance with the surety bond requirements of 13 AAC 67.920;

(4) a non-refundable application fee of $25; and

(5) a copy of the applicant's valid Alaska business license and, if required, a valid municipal business license.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124; am 4/2/94, Register 129

13 AAC 67.040 Incomplete and abandoned applications

(a) An application is incomplete if it does not include all of the information, signatures, notarizations, and supporting documents required in 13 AAC 67.030.

(b) If an incomplete application is received by the department, or an application is made on an obsolete form, the department will return the application and all supporting documents to the applicant. If the applicant completes the application process within one year of the date of the initial application, a new application fee is not required.

(c) In the absence of special circumstances, the department will consider an application abandoned if the applicant fails to appear for examination at the time fixed without first obtaining a postponement, or the applicant, after two postponements, fails to appear for examination at the time fixed. An abandoned application is denied without prejudice.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.050 Department review of applications

(a) The department will, in its discretion, conduct a background investigation of an applicant for a license to determine if the applicant possesses the qualifications set out in 13 AAC 67.020.

(b) If the department has reason to believe that an applicant has a past or present mental or emotional condition that could adversely affect the applicant's performance as a process server, the department will, in its discretion, condition approval of the application on receipt of a report from a licensed psychiatrist or psychologist indicating that the applicant is currently free from such a condition.

(c) The information in a process server's application and license file is confidential and available only for use by the department in carrying out the requirements of this chapter or for review by an applicant or licensee as provided in this section. An applicant or licensee may review all documents relating to the applicant or licensee except for

(1) information supplied to the department with the understanding that the information or the source of the information would remain confidential; and

(2) examination documents required to be kept confidential under 13 AAC 67.160.

(d) Notwithstanding the provisions of (c)(1) of this section, information that serves as a basis for a decision to deny, suspend, or revoke a license must be revealed to the applicant or licensee upon request.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.060 Denial of license

The department will, in its discretion, deny an application if the person is found to be unqualified for a license. If a person's application for a license is denied, the department will notify the applicant of the applicant's right to a hearing under 13 AAC 67.290.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.070 Process server license

(a) After an applicant has passed the examination required in 13 AAC 67.100, the department has completed any background investigation it deemed necessary, and the department has approved the application, the department will issue a license to the applicant in the form of an identification card. A process server license remains the property of the state.

(b) A license is effective on the date it is issued by the department. A license may not be issued with an effective date earlier than the date it is issued by the department. A license expires two years after its date of issue.

(d) A process server shall carry the license when serving process and shall, upon request, display the license to the person making the request.

(e) A person whose license as a process server has been expired for less than one year may reinstate the license by

(1) applying on a form provided by the department; and

(2) paying the application fee required in 13 AAC 67.030.

(f) A process server whose license has been expired for one year or more must submit a new license application in accordance with 13 AAC 67.020 - 13 AAC 67.030.

(g) If a person's process server license is suspended or revoked, that person shall return the license to the department immediately.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.080 Application for renewal of process server license

An application for the renewal of a process server license must

(1) be made on the forms provided by the department;

(2) contain a complete list of all business names under which the applicant has worked during the concluding license period;

(3) be received by the department at least 30 days before the date of expiration, so that the application for renewal can be processed before the license expires; and

(4) be accompanied by a non-refundable application fee of $25.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

Article 2 Examination Procedures

13 AAC 67.100 Examination content

(a) The department will examine each applicant for a process server license to determine the applicant's knowledge of service of process and familiarity with the applicable portions of the Alaska Administrative Code, the Alaska Statutes, the Supreme Court rules of civil and criminal procedure, and Supreme Court rules of administration.

(b) The examination is a written examination prepared by the department.

(1) general knowledge of service of process;

(2) receipt, preparation, service, and return of process, and fees for process, originating in the state, including a civil subpoena, civil summons, civil show cause order, civil temporary restraining order, civil preliminary injunction, civil prejudgment attachment, and civil execution;

(3) receipt, preparation, service, and return of process, and fees for process, originating outside the state, including a civil subpoena, civil summons, civil show cause order, civil temporary restraining order, and civil preliminary injunction; and

(4) standards for professional conduct as established in 13 AAC 67.180.220.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.110 Time and place of examination

(a) An applicant must submit a completed application form and the application fee to the department before an examination will be scheduled. An applicant may then schedule an examination at any department office designated by the commissioner as a place for examination.

(b) Following the receipt of a scheduling request, the department will notify the applicant of the time and place of the examination at least 10 days before the examination.

(c) The department will, in its discretion, grant up to two postponements to an applicant who, for reasonable cause, is prevented from appearing for the examination at the time fixed. A request for postponement must be received by the office administering the examination no later than one day before the day the examination was scheduled.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.120 Conduct during examination

(a) An applicant may not have any papers or objects on the examination table other than those permitted by the proctor.

(b) The department will provide an examination answer sheet upon which the applicant will write applicant's name and the date of the examination. An applicant may not write on or in any other way deface the examination booklet. Writing on or defacing an examination booklet will result in automatic failure of the examination.

(c) While the examination is in progress, the applicant may not leave the examination room for any reason unless accompanied by the proctor.

(d) Communicating with any person other than the proctor during the examination will result in automatic failure of the examination.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.140 Scores and reexamination

(a) A raw score of at least 80 percent is required to pass the examination.

(b) An applicant who fails to attain the required passing score must wait 10 days before submitting a scheduling request under 13 AAC 67.110.

(c) Upon the applicant's written request, the department will, in its discretion, waive the 10-day waiting period required in (b) of this section for an applicant who

(1) can demonstrate good cause for granting such a waiver; and

(2) complies with all other applicable provisions of this chapter.

(d) An applicant who has failed the examination three times shall pay a $10 reexamination fee for each subsequent examination.

(e) An applicant who fails to pass the examination within one year of when the applicant first took the examination shall submit a new application before retaking the examination.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.150 Reconsideration of examination

Upon the applicant's written request, the department will, in its discretion, reconsider an applicant's examination results if the applicant can show good cause for reconsideration. Reconsideration may include rescoring the examination or reevaluating the methods used in scoring the examination.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.160 Examination review

(a) All examination papers are the property of the department and will not be returned to the applicant. An applicant's examination answer sheets are preserved in the applicant's file and may be inspected by an applicant except during the seven days immediately preceding the day the applicant is scheduled to retake an examination. While reviewing an examination, an applicant may not make copies or take written notes of any kind.

(b) An applicant may obtain information concerning the types of items failed.

(c) The written examination booklet is not open for inspection by an applicant until after the examination booklet is no longer used for testing, and then only in the presence of the commissioner or the commissioner's designee. Specific examination questions currently in use may only be inspected as authorized by the commissioner.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

Article 3 Standards of Professional Conduct

13 AAC 67.180 Professional conduct

A process server shall

(1) act with complete integrity in professional matters concerning the service of process;

(2) be completely truthful in all professional reports, statements, or testimony, and not make misleading, deceptive, or untrue statements in the course of serving process;

(3) notify his or her employer, client, or appropriate authority of any circumstance in which the safekeeping of process or property is in jeopardy, including a situation where the process server's professional judgment is overruled by the process server's employer;

(4) not engage in the practice of law, give legal advice, or otherwise act in a manner that a reasonable person would interpret as engaging in the practice of law;

(5) not knowingly associate with or permit the use of the process server's name or firm name by a person or firm that the process server knows or has reason to believe is engaging in a business or professional practice in a fraudulent or dishonest manner;

(6) inform the department if the process server has knowledge or to believe that another person or firm is in violation of a regulation in this chapter, and cooperate with the department by furnishing all further information or assistance required;

(7) adhere to all applicable state and municipal laws, rules of court, and department directives concerning the service of process, and not knowingly serve process in violation of those laws, rules, or directives;

(8) make every reasonable effort to provide professional services in a complete and efficient manner so as not to delay a court action.

(9) not serve process if the process server suffers from any mental or emotional condition that may adversely affect his or her performance as a process server.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.190 Conflict of interest

(a) A process server shall

(1) attempt to avoid all conflicts of interest with the process server's employer or client;

(2) promptly inform the employer or client of any business association, interest, or circumstance that could influence the process server's judgment or quality of service to the employer or client;

(3) not accept financial or other compensation from more than one party to a court action for services in that action.

(b) If a process server enters public service as a member, advisor, or employee of a government body, the process server may not take any action on process previously served by the process server or served by the process server's former private sector employer while the process server worked for that employer.

(c) A process server may not be employed to serve process for any firm, business, or corporation other than a process serving firm.

(d) A process server may not be employed by more than one process serving firm at one time and may not contract or solicit process business for more than one process serving firm at one time.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.200 Reassignment of process and returns to court

(a) A process server may not reassign process to another process server unless that person is within the process server's own firm. Process that the process server cannot serve because of a conflict of interest or because of location must be returned to the clerk of the court for reassignment to another process server. If process is returned to the clerk of the court within 48 hours, no return of service is required.

(b) A process server who conducts a sale of personal or real property as a part of serving process shall transmit all money received to the court and may not withhold process server fees.

(c) When serving a levy for the collection of money on a third party, the process server shall serve the third party with a Notice of Levy By a Court Writ and advise the third party that all checks must be made payable to the clerk of court.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.210 Designation; advertising

(a) A process server may not use

(1) any corporate name, including initials, that projects the image of a public law enforcement agency;

(2) the terminology "police" or "officer of the court" to identify the process server; or

(3) the words "federal," "state," "U.S.," "United States," "Alaska," or the name or initials of any specific court, city, borough, municipality, or governmental agency in a manner that suggests an official connection with any governmental entity, except to say the process server is licensed by the state.

(b) Advertising and other public communication by a process server must not

(1) misrepresent or fail to disclose relevant facts;

(2) create false or unjustified expectations of favorable results;

(3) set forth fees other than those authorized by 13 AAC 67.220; or

(4) contain any representation or implication that is false, fraudulent, or unfair, or that probably would deceive or mislead an ordinary person;

(5) include the seal of the State of Alaska in any manner; or

(6) imply a process server is a police officer or peace officer.

(c) A process server's license may only be used in connection with the service of process. No badge or other emblem other than the license issued by the department may be displayed while serving process.

(d) A process server may not wear a uniform of any kind that suggests an official connection with a law enforcement agency or government entity.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.220 Fees; fee agreements

(a) A fee charged by a process server must be reasonable. The department will, in its discretion, review the fees charged by a process server and will determine if those fees are reasonable by considering

(1) the maximum amount that can be recovered by a party as costs under Supreme Court Rule of Administration (11)(a) for the designated service;

(2) the time and labor required;

(3) the time limitations imposed by the person requesting service; and

(4) any special circumstances presented by the person who requested service.

(b) A process server shall establish a fee schedule for the information of the general public. The fee schedule must clearly state if the fee to be charged will exceed the maximum amount recoverable by a party as costs under Supreme Court Rule of Administration (11)(a) for the designated service.

(c) A process server who has not previously served process for the person requesting service shall communicate the fees to be charged in writing to the person requesting service before service is attempted or within a reasonable time thereafter.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

Article 4 Disciplinary Guidelines

13 AAC 67.240 Suspension and revocation of license

(a) The department will, in its discretion, suspend a license when it determines, following an investigation, that the process server

(1) lacks the ability, knowledge, skill, or professional judgment to perform the professional duties of a process server as required by AS 22.20, this chapter, rules of court, or department procedures;

(2) failed to perform the duties and responsibilities of a process server as required by AS 22.20, this chapter, rules of court, or department procedures, but that failure is not a cause for revocation under (b) of this section;

(3) failed to notify the department of a change of name, address, or telephone number as required by 13 AAC 67.910; or

(4) failed to comply with the fee requirements of 13 AAC 67.220.

(b) The department will, in its discretion, revoke a license when it determines, following an investigation, that the process server

(1) is not qualified to hold a license under 13 AAC 67.020;

(2) has intentionally or recklessly failed to perform the duties and responsibilities of a process server as required by AS 22.20, this chapter, rules of court, or department procedures, and that failure resulted in

(A) the life, health, or safety of a member of the public being placed in jeopardy of death or injury; or

(B) a person's property being placed in jeopardy of loss or injury;

(3) has been convicted since licensure of a felony, a misdemeanor crime involving abuse or assault, or a misdemeanor crime involving dishonesty or fraud as defined in AS 11.46 and AS 11.56;

(4) falsified or omitted information required to be provided in the process server's license application or in the supporting documents;

(5) impersonated a law enforcement officer;

(6) misapplied property;

(7) engaged in misaccounting;

(8) engaged in misconduct with respect to the examination required under 13 AAC 67.100;

(9) failed to comply with AS 22.20, this chapter, rules of court, or department procedures relating to the service of process;

(10) failed to maintain the surety bond required by 13 AAC 67.920;

(11) engaged in conduct that is a cause for license suspension under (a) of this section and has already had two license suspensions; or

(12) failed to keep adequate records as required by 13 AAC 67.930.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.250 Period of suspension or revocation

(a) The department will, in its discretion, suspend a process server license under 13 AAC 67.240(a) for a minimum of 30 days for a first offense and up to a maximum of six months for a second offense;

(b) A person whose process server's license has been revoked under 13 AAC 67.240(b) may not reapply for a new license

(1) for one year from the date the previous license was revoked for conduct described in 13 AAC 67.240(b)(8), (b)(9), (b)(10), (b)(11), or (b)(12);

(2) for five years from the date the previous license was revoked for conduct described in 13 AAC 67.240(b)(4), (b)(5), (b)(6), or (b)(7);

(3) if the previous license was revoked for conduct described in 13 AAC 67.240(b)(2) or (b)(3).

(c) Nothing in this section or in 13 AAC 67.240 precludes the department from imposing lesser penalties than those described, depending upon the circumstances of a particular case.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.260 Reexamination

The department will, in its discretion and for good cause, require a licensed process server to retake the examination required in 13 AAC 67.100. A process server's failure to retake the examination will result in suspension of the license until the written examination is successfully completed. The department will give at least 10 days notice to the licensee before requiring the examination.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

Article 5 Administrative Hearings

13 AAC 67.280 Applicability of Administrative Procedure Act

Except as otherwise provided in 13 AAC 67.280 - 13 AAC 67.310, the provisions of the AS 44.62 (Administrative Procedure Act), not including AS 44.62.550, apply to all actions taken under this chapter.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.290 Administrative hearings

(a) Except as provided in (b) of this section the department will give notice and provide an opportunity for an administrative hearing before suspending, or revoking, a license.

(b) If it is reasonably necessary to protect the health and safety of the public or to ensure the safekeeping of property, the department will, in its discretion, suspend or revoke a license before giving notice and providing an opportunity for a hearing. The department will provide an opportunity for a hearing following a license suspension or revocation under this subsection.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.300 Appointment of hearing officer

The commissioner will assign a qualified, unbiased, and impartial hearing officer to conduct a hearing under this chapter. The hearing officer may not

(1) have participated in making the decision that will be reviewed at the hearing; or

(2) be an immediate supervisor or subordinate of the person who made the decision that will be reviewed at the hearing.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.310 Accusation

To initiate a hearing to determine whether a license should be suspended or revoked, the department or an interested person must file an accusation. The accusation must conform to the requirements of AS 44.62.360.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

Article 6 State Employees as Process Servers

13 AAC 67.330 Scope of limited licenses

The commissioner will, in the commissioner's discretion, issue a limited process server license to a state employee if

(1) serving process is a necessary part of that employee's duties as a state employee; and

(2) doing so will result in substantial savings in travel costs of a state agency.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.340 State employee qualifications

A state employee may not be issued a limited process server license unless the employee

(1) meets the qualifications set out in 13 AAC 67.020(a)(1) - (a)(5) and 13 AAC 67.020(b)(1); and

(2) successfully completes process service training provided by the department.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.350 Limited license application and supporting documents

(a) A state employee must complete an application for a limited process server license on a form provided by the department.

(b) Except for an employee of the department, an applicant for a limited license must include the following items with the application form:

(1) two sets of classifiable fingerprints on a Federal Bureau of Investigation Applicant Card (FD-258);

(2) a money order for $43 payable to the department for fingerprint processing; and

(3) proof of notice to the state Department of Administration, division of risk management, that the employee has applied for a limited process server license.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.360 Denial of limited license

The department will, in its discretion, deny an application for a limited process server license if the employee is found to be unqualified for a license under this chapter.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.370 Limited process server license

(a) After a state employee has successfully completed the training required in 13 AAC 67.340, the department has completed any background investigation deemed necessary, and the department has approved the application, the department will issue a limited license to the state employee in the form of an identification card. A limited process server license remains the property of the state.

(b) A limited license is effective on the date it is issued by the department. A limited license may not be issued with an effective date earlier than the date it is issued, by the department.

(c) A limited license expires when the employee terminates employment with the department on behalf of which the employee was licensed. A limited licensee who transfers to another department must apply for a new limited license.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.380 Provisions applicable to limited license

The following provisions apply to a state employee holding a limited license: 13 AAC 67.070(c) - (d); 13 AAC 67.070(g); 13 AAC 67.080; 13 AAC 67.180 - 13 AAC 67.310; 13 AAC 67.900 - 13 AAC 67.910, and 13 AAC 67.930.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

Article 7 General Provisions

13 AAC 67.900 Address and telephone number

The latest mailing address and telephone number on file for an active or lapsed process server is the address the department will use for official communications, notifications, and service of legal process.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.910 Information to be provided to department

(a) If a process server changes the name, address, or telephone number under which the process server is licensed to do business, the process server shall immediately notify the department in writing of the new name, address, or telephone number.

(b) If a process server will be unavailable to serve process for more than seven calendar days, the process server shall notify the department in writing of the dates the process server will be unavailable to serve process.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.920 Bond requirements

(a) Except as provided in (c) and (d) of this section, an applicant for a process server license shall file with the department a surety bond evidencing liability coverage for fraud, misappropriation or commingling of funds, abuse of process, and malicious prosecution in the minimum amount of $15,000. The bond must provide that it may not be canceled unless 30 days' notice of cancellation is given to the department.

(b) The surety shall file with the department a power of attorney designating its attorney in fact for execution of the bond;

(c) If a process serving firm employs four to seven process servers, the process serving firm may provide a single surety bond that covers each of those process servers, provided that the bond is in the minimum amount of $60,000. A certificate of the bond must be filed with each employee's application for licensure.

(d) If a process serving firm employs eight or more process servers, the process serving firm may provide a single surety bond that covers each of those process servers, provided that the bond is in the minimum amount of $100,000. A certificate of the bond must be filed with each employee's application for license.

(e) If a process server is removed from coverage by a firm's bond, the firm shall immediately notify the department in writing.

(f) If a process server is not eligible to be covered by a firm's bond or is terminated due to a violation that is a cause for license revocation, this information must be included in the notification submitted under (e) of this section.

(g) A process server who is no longer covered by a firm's bond or by the process server's own bond shall return his or her process server license to the department immediately upon termination of coverage. The license will be returned to the process server if the process server submits proof of obtaining the required bond and meets all other eligibility requirements. If a process server fails to submit proof of a new bond within 90 days of the date the process server's previous bond was terminated, the license will be revoked.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.930 Recordkeeping

(a) A process server shall maintain up-to-date records of all process that identify the

(1) type of document received;

(2) date the document was received;

(3) disposition of the process;

(4) date the process was returned; and

(5) all fees collected and disbursed.

(b) Process records must be made available for inspection by members of the department at any reasonable time.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.940 Roster

The department will prepare on a regular basis a roster of all licensed servers.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

13 AAC 67.990 Definitions

Unless the context otherwise indicates, in this chapter

(1) "commissioner" means the commissioner of the Department of Public Safety;

(2) "department" means the Alaska Department of Public Safety;

(3) "good moral character" means the absence of acts or conduct that would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of the state and the nation; the following are indicative of a lack of good moral character:

(A) illegal conduct;

(B) conduct involving dishonesty, fraud, deceit, or misrepresentation, including misconduct in the licensing process;

(C) intentional deception or fraud or attempted deception or fraud in an application, examination, or other document needed for securing a license;

(D) conduct that adversely reflects on a person's fitness to perform as a process server, including intoxication while acting as a process server or a history of personal habits while not serving process that could affect the person's performance as a process server, such as excessive use of alcohol;

(4) "process server" means an individual residing in Alaska who is licensed by the commissioner to serve process within the state in accordance with the provisions of this chapter;

(5) "proctor" means the person assigned by the department to administer the process server examination.

History

Authority: AS 22.20.100; AS 22.20.110; AS 22.20.120
Eff. 11/11/92, Register 124

Chapter 68 Central Repository of Criminal Justice Information

Article 1 Scope and Purpose of the Repository

13 AAC 68.005 Scope

(a) This chapter applies to information maintained by the central repository of criminal justice information in

(1) The Alaska Public Safety Information Network (APSIN);

(2) The Alaska Automated Fingerprint Identification System (AAFIS);

(3) files of fingerprint cards and photographs provided to the repository under this chapter; and

(4) files of correspondence concerning the correction, sealing, or purging of criminal justice information about an individual.

(b) This chapter does not apply to criminal justice information maintained by the federal government or another state. Upon request, the department will provide information regarding procedures to report information to or request information from the federal government or another state through the National Crime Information Center, Interstate Identification Index, or National Law Enforcement Telecommunications System.

(c) The provisions of AS 12.62.160(c)(3), 12.62.160(c)(4), and this chapter do not apply to the dissemination of criminal justice information maintained by an agency other than the repository.

History

Authority: AS 12.62.110; AS 40.25.120; AS 44.41.025 AS 12.62.160; AS 44.41.020
Eff. 1/10/97, Register 140

Article 2 Reporting Information to the Repository

13 AAC 68.100 Reporting procedures

(a) The department will provide or approve a form or format for an agency to report information to the repository under this chapter, including personal descriptors of the subject of the information.

(b) Unless otherwise specified in this chapter, an agency that reports information to the repository shall have the information entered in APSIN

(1) by a designated employee assigned an APSIN access code under 13 AAC 68.215(f);

(2) if approved by the department, through an electronic interface between an automated data processing system and APSIN; or

(3) if approved by the department, by sending the information to another agency that agrees to report the information to the repository by a method described in (1) or (2) of this subsection.

(c) An agency that is permitted by this chapter to report information to the repository by mail is considered to have met is obligation if the information is postmarked within a time limit imposed under this chapter.

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.105 Arrest warrant

(a) An agency that receives a bench or other judicial arrest warrant, parole arrest warrant, or governor's warrant of arrest for extradition may report the receipt of the warrant to the repository. The report must include

(1) identification of the agency that received the warrant;

(2) the date that the warrant was issued;

(3) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(4) the court case number;

(5) the charge number;

(6) the offense code;

(7) bail conditions, if applicable; and

(8) an indication if the agency that requested the warrant will transport the subject to the requesting agency's jurisdiction if apprehended.

(b) An agency that reports a warrant to the repository under (a) of this section shall immediately have the warrant deleted from APSIN, in a manner designated by the department, if the warrant is executed, quashed, or withdrawn.

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.110 Domestic violence protective order

(a) Within 24 hours of receipt of the order, an agency that receives a domestic violence protective order or an order modifying a domestic violence protective order, issued by or filed with a court, shall report to the repository

(1) identification of the agency that received the order;

(2) the date that the order was issued;

(3) identification of the court that issued the order;

(4) the court case number;

(5) personal descriptors of the petitioner and respondent named in the order;

(6) a description of the conditions of the order; and

(7) the date of expiration of the order.

(b) Within 24 hours after service, an agency that serves process involving a domestic violence protective order shall report the service to the repository. The report must include the information described in (a) of this section and the date and time that process was served.

(c) The department will retain information about a domestic violence protective order that has expired in a central registry of domestic violence protective orders in APSIN.

History

Authority: AS 12.62.110; AS 12.62.120; AS 18.65.540
Eff. 1/10/97, Register 140

13 AAC 68.112 Location information

(a) An agency that wishes to locate a person for a purpose other than in connection with a warrant under 13 AAC 68.105 or an order under 13 AAC 68.110 may report to the repository information about the person. The report may include an expiration date and must include

(1) identification of the agency requesting the location of the person;

(2) the date that location of the person was requested; and

(3) the reason that the agency wishes to locate the person.

(b) An agency that reports information to the repository under (a) of this section shall immediately have the information deleted from APSIN when the agency no longer wishes to locate the person, unless an expiration dated reported under (a) of this section has passed. The department will automatically delete information for which an expiration date was reported under this section and has passed.

History

Authority: AS 12.62.110
Eff. 1/10/97, Register 140

13 AAC 68.115 Arrest or citation

(a) Except as provided in (b) of this section, within five working days after an arrest or citation, an agency that arrests a person for a felony or misdemeanor, or issues a citation to a person for a misdemeanor, shall report the arrest or citation to the repository. The report must include

(1) identification of the arresting or citing agency;

(2) the date of the arrest or citation; and

(3) for each charge,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the court case number if one has been assigned; for a collateral offense a court case number is required;

(D) the offense code; and

(E) an indication if the charge involves domestic violence.

(b) This section does not apply to

(1) a citation for an offense under AS 16 or a regulation adopted under AS 16; or

(2) an arrest or citation for which the arresting or citing agency submits a set of fingerprints to the repository under 13 AAC 68.120.

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.120 Required submission of fingerprints

(a) Within five working days after fingerprinting a person under AS 12.80.060, an agency shall submit to the repository two sets of legible fingerprints and the following information:

(1) identification of the agency submitting the fingerprints;

(2) the date of arrest or citation or, if the subject has not been arrested or cited, the date that the subject was ordered to submit to fingerprinting;

(3) the date of the offense, if known;

(4) if the subject was arrested or cited, identification of the arresting or citing agency or, if the identification of the arresting or citing agency is unknown, identification of the court that ordered the subject to be fingerprinted;

(5) for each charge,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the court case number if one has been assigned; for a collateral offense a court case number is required;

(D) the offense code; and

(E) if the fingerprint card is completed by the arresting agency, an indication if the charge involves domestic violence; and

(6) if submitted by mail or courier, the signature of the subject.

(b) Information required under this section may be provided to the repository by mail, courier, or electronic transfer from an automated fingerprint device approved by the department.

History

Authority: AS 12.62.110; AS 12.62.120; AS 12.80.060
Eff. 1/10/97, Register 140

13 AAC 68.125 Voluntary submission and removal of fingerprints

(a) A person may voluntarily submit a set of fingerprints to be included in AAFIS by submitting to the department payment of the fee established in 13 AAC 68.900 and,

(1) for a person's own fingerprints, valid picture identification issued by a government unit; or

(2) for the fingerprints of a person described in AS 44.41.025(d)(2) or 44.41.025(d)(3), proof of identification of the parent, guardian, or conservator and of the person whose fingerprints are being submitted.

(b) A person authorized to request that person's fingerprints be removed from AAFIS under AS 44.41.025(f) may submit to the repository a written request for removal and a set of fingerprints to verify the person's identity. In response to a request under this subsection the repository shall

(1) remove the fingerprints from AAFIS and return both sets of fingerprints to the requester or certify that the sets of fingerprints have been destroyed; or

(2) explain in writing the reason that the fingerprints will not be removed.

(c) A set of fingerprints voluntarily submitted under this section must be legible and must be submitted on a form and in a format provided or approved by the department.

History

Authority: AS 44.41.025
Eff. 1/10/97, Register 140

13 AAC 68.130 Decision not to commence criminal proceedings

(a) Within one month after a decision described in AS 12.62.120(b)(5), a prosecuting agency shall report to the repository the decision for a case in which an arrest has been made or a citation has been issued for a misdemeanor, including

(1) identification of the prosecuting agency;

(2) the date of the decision;

(3) identification of the agency that referred the charge to the prosecuting agency; and

(4) for each charge, the

(A) arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) court case number if one has been assigned; for a collateral offense a court case number is required;

(D) offense code.

(b) Information required under this section may be provided to the repository by mail, courier, electronic mail, facsimile, magnetic tape, or a method described in 13 AAC 68.100(b).

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.135 Filing of a charging document

(a) Within one month after filing, a court in which a charging document is filed, including an indictment, criminal complaint, criminal information, or a petition or other document alleging a violation of bail or probation, shall report the filing or an amendment to the filing to the repository. The report must include

(1) identification of the court in which the charging document was filed or amended;

(2) the date filed or amended; and

(3) for each charge filed or amended,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the court case number;

(D) the offense code; and

(E) an indication if the charge involves domestic violence.

(b) The reporting requirements described in (a) of this section do not apply to a court unless the administrative director of the court system has signed an agreement with the department that the court will comply with this section.

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.140 Court disposition

(a) Within one month after disposition, a court disposing of a charging document, including an indictment, criminal complaint, criminal information, or petition or other document showing a violation of probation, shall report to the repository

(1) identification of the court;

(2) the date of disposition;

(3) for each charge disposed,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the court case number;

(D) the offense code for the charge disposed and, if different, the offense code of the original charge filed; and

(E) one of the following dispositions:

(i) dismissed;

(ii) proceedings stayed due to incompetency;

(iii) not guilty;

(iv) not guilty by reason of insanity;

(v) guilty;

(vi) guilty but mentally ill;

(vii) probation revoked;

(viii) probation not revoked; or

(ix) transferred to another court.

(b) A court that reports a disposition described in (a)(3)(E)(i) or (a)(3)(E)(ii) of this section based on a finding of incompetency under AS 12.47.110 shall include in the report the date of commitment and the date of expiration of the commitment.

(c) A court that reports a disposition described under (a)(3)(E)(iv) of this section shall include in the report whether the defendant was committed under AS 12.47.090 and if so, the date of expiration of the maximum term of commitment as described in AS 12.47.090(d).

(d) A court that orders the release of a person under AS 12.47.090(g) or (j) or 12.47.110(b) shall immediately report to the repository

(1) identification of the court that issued the order;

(2) the date that the person was ordered released;

(3) the court case number; and

(4) if ordered released under AS 12.47.090(j), the conditions of release and expiration date of the conditions.

(e) A court that reports a disposition described in (a)(3)(E)(v), (a)(3)(E)(vi), or (a)(3)(E)(vii) of this section shall include in the report an indication if the charge involves domestic violence and the following sentencing information:

(1) if a sentence is concurrent or consecutive to a sentence for another charge, the court case number and charge number of the other charge;

(2) a term of incarceration imposed or suspended;

(3) a fine imposed or suspended;

(4) community work service imposed or suspended;

(5) restitution ordered;

(6) a term of probation imposed, including a description of the conditions of probation;

(7) another direct order or recommendation made by the court.

(f) Within one month after the date of a judgment or order, a court shall report to the repository a judgment or order that reverses, remands, vacates, reinstates, sets aside, amends, or modifies a criminal conviction, sentence, or condition of sentence, including

(1) identification of the court;

(2) the date of the judgment or order;

(3) the trial court case number;

(4) the appellate court case number, if applicable; and,

(5) for each charge,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the charge number;

(D) if a sentence is changed, sentencing information described in (e) of this section.

(g) Within one month after receipt of the judgment or order, a prosecuting agency shall report to the repository receipt of a judgment or order from a federal court that reverses, remands, vacates, reinstates, sets aside, amends, or modifies a criminal conviction, sentence, or condition of sentence in a criminal case originating in this state, including

(1) identification of the court that issued the judgment or order;

(2) the date of the judgment or order;

(3) the state court case number;

(4) the federal court case number; and

(5) for each charge, the information described in (f)(5) of this section.

(h) Information required under this section may be reported to the repository by mail, courier, electronic mail, facsimile, magnetic tape, or method described in 13 AAC 68.100(b).

(i) The reporting requirements described in (a) - (f) and (h) of this section do not apply to a court unless the administrative director of the court system has signed an agreement with the department that the court will comply with this section.

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.145 Executive clemency

(a) Within one month after an act of executive clemency, the executive director of the Board of Parole shall report to the repository

(1) the date that executive clemency is granted; and,

(2) for each charge for which executive clemency is granted,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the court case number;

(D) the offense code; and

(E) a description of the type of executive clemency granted, consisting of one or more of the following actions:

(i) unconditional pardon;

(ii) conditional pardon, including a description of the conditions;

(iii) unconditional commutation of sentence;

(iv) conditional commutation of sentence, including a description of the conditions.

(b) Information required under this section may be reported to the repository by mail, courier, electronic mail, facsimile, magnetic tape, or a method described in 13 AAC 68.100(b).

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.150 Admission photograph

(a) Within five working days of admission, an agency that photographs a person at the time of initial admission to a correctional facility in connection with an offense shall forward the photograph to the repository. The photograph must include

(1) identification of the agency that took the photograph; and

(2) the date that the photograph was taken.

(b) Information required under this section must be submitted to the repository by mail or courier unless another method of transmittal is approved by the department.

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.155 Correctional status information

(a) The Department of Corrections shall report to the repository the following information for a person who has been placed in the custody or under the supervision of the commissioner of the Department of Corrections, including the Board of Parole, in connection with an offense:

(1) for each charge,

(A) the arrest tracking number; for a collateral offense an arrest tracking number is not required;

(B) the court case number if one has been assigned; for a collateral offense a court case number is required;

(D) the offense code;

(E) if sentenced, the scheduled date of unconditional discharge;

(2) for a person incarcerated in a correctional facility, identification of the facility and the date of admission;

(3) for a person who has escaped or unlawfully evaded custody and has not been returned to the custody of the Department of Corrections, the date, the time, and the location from which the person escaped or unlawfully evaded custody;

(4) for a person on a furlough, the name or title of a person responsible for supervision of the furlough and a telephone number where a person responsible for the furlough may be contacted at any time;

(5) for a person who is not incarcerated or on a furlough, but is otherwise in the custody or under the supervision of the Department of Corrections, including the Board of Parole,

(A) the name, title, and telephone number of a person responsible for custody or supervision;

(B) a description of the type and conditions of custody or supervision;

(6) for a person who absconds from probation or parole supervision, and has not been removed from abscond status, the date of placement on abscond status;

(7) for a person whose parole is revoked or conditions changed,

(A) the date of revocation or change;

(B) the court case number;

(D) the offense code; and

(E) a description of the revocation or change;

(8) for a person who is released from the custody or supervision of the Department of Corrections, including the Board of Parole, the date and type of release from custody or supervision, consisting of one of the following occurrences:

(A) court-ordered release of a person who has not been unconditionally discharged;

(B) transfer to a municipal correctional facility in this state, including identification of that facility;

(C) release of a person who has not been unconditionally discharged to the custody of a jurisdiction outside this state as the result of a detainer under AS 33.35.010;

(D) release of a person who has not been unconditionally discharged to the custody of a jurisdiction outside this state as a result of extradition under AS 12.70;

(E) unconditional discharge; or

(F) death of the person.

(b) For a person incarcerated in a correctional facility operated by a municipality, in connection with an offense, the agency that operates the facility shall report to the repository

(1) information described in (a)(1) - (a)(4) of this section; and,

(2) for a person who is released from the facility, the date and type of release, consisting of one of the following occurrences:

(A) court-ordered release of a person who has not been unconditionally discharged;

(B) transfer to another municipal correctional facility in this state, including identification of that facility;

(D) release of a person who has not been unconditionally discharged to the custody of a jurisdiction outside this state as the result of a detainer under AS 33.35.010;

(E) release of a person who has not been unconditionally discharged to the custody of a jurisdiction outside this state as a result of extradition under AS 12.70;

(F) unconditional discharge; or

(G) death of the person.

(c) Information described in (a) and (b) of this section must be reported to the repository within 24 hours of the time that the information becomes known to the reporting agency, and updated within 24 hours of the time that the reporting agency knows of a change in the information.

History

Authority: AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

13 AAC 68.160 Waiver of requirements

The department will, in its discretion, waive a requirement described under 13 AAC 68.100 - 13 AAC 68.120 or 13 AAC 68.130 - 13 AAC 68.155 or extend a waiver for up to one year at a time for an agency that lacks the resources to comply with the requirement. A request for waiver or an extension of a waiver under this section must include a description and cost estimate of the resources needed to comply with the requirement. The department will refer to the Criminal Justice Information Advisory Board a request for an extension of a waiver and ask for a recommendation from the board. After reviewing a recommendation of the board, the department will, in its discretion, extend a waiver if the department finds the waiver is appropriate under the circumstance.

History

Authority: AS 12.62.100; AS 12.62.110; AS 12.62.120
Eff. 1/10/97, Register 140

Article 3 Completeness, Accuracy, and Security

13 AAC 68.200 Correcting criminal justice information

(a) To request a correction, modification, or addition under AS 12.62.170(b) to criminal justice information maintained by the repository, a person must submit to the repository,

(1) on a form provided by the department, or in a format approved by the department,

(A) a description of the information believed to be inaccurate or incomplete, and the correction, modification, or addition requested;

(B) the mailing address and telephone number of the requester;

(C) if the information believed to be inaccurate or incomplete was or will be used to grant or deny a right or privilege,

(i) a description of the right or privilege;

(ii) the name, title, telephone number, and mailing address of the person responsible for granting or denying the right or privilege; and

(iii) if known, the date and time that the right or privilege was or will be granted or denied; and

(D) a signed statement attesting to the truth of the information submitted under this subsection, under penalty of unsworn falsification in violation of AS 11.56.210;

(2) documentation to support the requested correction, modification, or addition; and

(3) proof of identity of the requester.

(b) If the repository determines that it

(1) has sufficient information to make a determination, the repository shall, within the applicable time period set out in (d) of this section,

(A) notify the requester that the request is granted and, if the requester is the subject of the information, provide the requester, at no charge, with a copy of the criminal justice information to which a correction, modification, or addition is made; or

(B) issue a written denial of the request if the repository determines that the criminal justice information for which a correction, modification, or addition was requested is accurate and complete, and in that denial, shall notify the requester that requester may seek, under (c) of this section, a final administrative decision from the commissioner; or

(2) lacks sufficient information to grant or deny the request, and that

(A) the department is the agency responsible for maintaining the criminal justice information, the repository shall, within the applicable time period set out in (d) of this section, request additional information from the requester, and may not act on the request until the additional information is received; or

(B) another criminal justice agency is responsible for maintaining the criminal justice information, the repository shall, within the applicable time period set out in (d) of this section, forward the request to the head of that agency for a final administrative decision under AS 12.62.170, and shall notify the requester that the request has been forwarded.

(c) Within 30 days after the repository issues a written denial under (b)(1)(B) of this section, the requester may submit the request to the commissioner for a final administrative decision. Within the applicable time period set out in (d) of this section, the commissioner will make a final administrative decision, in writing, to grant or deny the request. The commissioner may adopt the repository's denial as the final administrative decision.

(d) Unless the requester waives in writing the time for a response set out in this subsection, if the

(1) repository receives a request under (a) of this section, the repository shall respond to the request as described in (b) of this section within

(A) five working days after receiving a request that includes information described in (a)(1)(C) of this section; or

(B) 30 days after receiving a request that does not include information described in (a)(1)(C) of this section; and

(2) commissioner receives a timely request under (c) of this section for a final administrative decision, the commissioner will make that decision within

(A) five working days after receiving a request that includes information described in (a)(1)(C) of this section; or

(B) 30 days after receiving a request that does not include information described in (a)(1)(C) of this section.

(e) Failure of the repository or commissioner to respond to a request within the time limits set out in (d) of this section is a denial of the request.

(f) In this section, "working day" means a day other than Saturday, Sunday, or a state holiday.

History

Authority: AS 12.62.110; AS 12.62.170
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.205 Sealing criminal justice information

When information maintained by the repository is sealed under AS 12.62.180, the repository shall enter a notation in the record stating that the information has been sealed by order of the commissioner or by an identified court after appeal under AS 12.62.180(c), and the date of the order.

History

Authority: AS 12.62.110; AS 12.62.180
Eff. 1/10/97, Register 140

13 AAC 68.210 Purging criminal justice information

The department may purge criminal justice information reported to the repository under 13 AAC 68.115 - 13 AAC 68.120 and 13 AAC 68.130 - 13 AAC 68.145 only when the subject of the information is deceased.

History

Authority: AS 12.62.110; AS 12.62.190
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.215 Direct access to criminal justice information maintained by the repository

(a) If the head of a government unit signs an agreement to abide by applicable state and federal statutes and regulations and other mandatory federal requirements relating to criminal justice information systems, the department will, in its discretion, authorize direct access to criminal justice information maintained by the repository for designated employees of

(1) a criminal justice agency, for a criminal justice activity;

(2) the Department of Administration, state data center, for the purpose of storage and transmission of records required in AS 12.62.150; or

(3) the Department of Administration, public defender agency, to obtain criminal justice information for the purpose of discovery in a criminal case.

(b) A person may not have direct access to repository records unless the department has given the government unit that employs the person a security clearance for that person. The department will accept an application for a security clearance only from a government unit identified in (a) of this section, and only for an employee who is required to have direct access to repository records for a purpose described in (a)(1) - (a)(3) of this section.

(c) The department will obtain information from the national criminal history system, based on fingerprint identification, before granting a government unit's request for a security clearance for a designated employee. The department will deny a government unit's request for a security clearance for a designated employee who has been convicted of a felony or a misdemeanor in this state or another jurisdiction or who is a fugitive from justice.

(d) After notice and opportunity for response by the government unit, the department will withdraw a security clearance if the department discovers that

(1) material information was falsified or omitted at the time of the initial application for a security clearance;

(2) the designated employee has been convicted of a felony in this state or another jurisdiction or become a fugitive from justice; or

(3) the designated employee has been convicted of a misdemeanor in this state or another jurisdiction since the initial security clearance was granted.

(e) When the department denies or withdraws a security clearance for a government unit's designated employee, the government unit may appeal the decision to the commissioner by submitting written arguments. The commissioner will issue a final decision within 30 days after receipt of the appeal. If the security clearance was denied or withdrawn on grounds other than a misdemeanor conviction, the commissioner will deny the appeal unless the appellant government unit shows that the department's decision was erroneous. If the security clearance was denied or withdrawn based on a misdemeanor conviction, the commissioner will, in the commissioner's discretion, grant the appeal if the head of the government unit signs and submits to the commissioner a statement that includes a

(1) description of the conduct and circumstances leading to the conviction; and

(2) recommendation that the security clearance be granted or reinstated, including an explanation of why the head of the government unit believes that

(A) the conduct did not involve a crime of dishonesty or moral turpitude;

(B) the conduct did not involve a flagrant disregard of the law; and

(C) to grant or reinstate the security clearance will not compromise the security of criminal justice information maintained by the repository.

(f) The department will assign an APSIN access code for a designated employee of a government unit if the designated employee

(1) has a security clearance described in (b) of this section;

(2) is required, as a condition of employment, to make an inquiry, entry, or deletion of criminal justice information in APSIN for a purpose described in (a)(1) - (a)(3) of this section; and

(3) demonstrates, by passing a written test provided by the department, appropriate knowledge of

(A) current APSIN procedures; and

(B) state and federal laws and other mandatory federal requirements concerning criminal justice information systems.

(g) The department will, in its discretion, disable an APSIN access code for a person who no longer meets the criteria described in (f) of this section.

(h) A person may not make an inquiry, entry, or deletion of criminal justice information in APSIN except

(1) by using an APSIN access code assigned by the department for that person under (f) of this section; and

(2) for a purpose specifically authorized under AS 12.62 or this chapter.

(i) In this section, "head of a government unit" means, for a government unit that is part of a principal department of state government, the commissioner of that department or the commissioner's designee.

History

Authority: AS 12.62.110; AS 12.62.150; AS 12.62.160
Eff. 1/10/97, Register 140

13 AAC 68.220 Security violations

(a) A person may not have access to or disclose information relating to APSIN security procedures or programs unless specifically authorized by the department.

(b) The department will maintain for three years a record of the APSIN access code used to gain or attempt to gain access to criminal justice information maintained in APSIN. The department will, in its discretion, release the identity of the person for whom the APSIN access code is or was assigned, the date access was gained or attempted, and the nature of information to which access was gained or attempted to a

(1) law enforcement agency for a criminal investigation; or

(2) government unit described in 13 AAC 68.215(a)(1) - (a)(3) that employs the person for whom the APSIN access code is or was assigned, for administrative review relating to violation of AS 12.62 or this chapter.

(1) is grounds to

(A) deny or withdraw authorization described in 13 AAC 68.215(a) for the government unit that employs or employed the violator;

(B) deny or withdraw a security clearance described in 13 AAC 68.215(b);

(2) may make the violator subject to administrative action, including employee discipline and termination; and

(3) may be subject to criminal sanctions under AS 11.

History

Authority: AS 12.62.110; AS 12.62.160 AS 12.62.150; AS 12.62.200
Eff. 1/10/97, Register 140

Article 4 Dissemination of Criminal Justice Information

13 AAC 68.300 Procedures for requesting and disseminating information

(a) A person required to submit a set of fingerprints with a request for criminal justice information shall submit legible fingerprints to the department on a form and in a format provided or approved by the department. Fingerprints may be taken by the department, for the fee established in 13 AAC 68.900, or by another person.

(b) The department will include on each page of a printed report that the department releases under 13 AAC 68.305 - 13 AAC 68.345 the date that the report was created and the total number of pages in the report. The report will include an indication whether an arrest, charge, or conviction included in the report has been verified by fingerprint identification, and the following or similar explanations:

(1) a person may not be presumed to be guilty of an arrest or charge for which a disposition has not been included in the report;

(2) the report is based on information reported to the repository by other criminal justice agencies that has been entered into repository records by the date of the report and may be subject to change after the date of the report;

(3) additional information may be on file with the department's central registries of sex offenders or protective orders, the Federal Bureau of Investigation, or other criminal justice agencies in this or another state; the department will provide information, upon request, regarding procedures to request information from those sources;

(4) questions about specific information in the report should be directed to the agency that reported the information to the repository;

(5) information in the report may be used only for the purpose or activity for which it was released; it may not be released to another person except as provided under 13 AAC 68.300 - 13 AAC 68.345 or as otherwise provided by state or federal law; misuse of criminal justice information is subject to civil and criminal penalties; and

(6) an advisory statement that

(A) the person who is the subject of the report should be given an opportunity to challenge the accuracy of the report before it is used to disqualify that person for a right or privilege;

(B) if the person who is the subject of the report disputes the accuracy of the report, the person should be advised that 13 AAC 68.200 sets out the procedures for requesting a correction, modification, or addition under AS 12.62.170(b) to criminal justice information.

(c) If the repository disseminates a report described in 13 AAC 68.310 - 13 AAC 68.320 to a person other than the subject of the report, and if the report contains criminal justice information, the repository will send a copy of the report to the subject at the last known mailing address available in APSIN at no charge.

(d) A person that receives a report of criminal justice information under this chapter may request an updated report without submitting an additional set of fingerprints for the subject of the report, if the original report was based on fingerprint identification of the subject. To request an updated report the requester shall provide to the repository

(1) verification that the original report was based on fingerprint identification of the subject;

(2) verification that the requester remains legally authorized to receive the report; and

(3) payment of the fee established in 13 AAC 68.900.

History

Authority: AS 12.62.110; AS 12.62.200 AS 12.62.150; AS 18.65.087
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.305 Reports of criminal justice information available to the subject

(a) A person who is the subject of the information may request a report of criminal history record information described in 13 AAC 68.310 or 13 AAC 68.315, or a criminal justice information report described in (b) or (c) of this section by

(1) providing to the repository

(A) the subject's mailing address and telephone number, on a form provided by the department, or in a format approved by the department; and

(B) proof of identity; and

(2) payment of the fee established in 13 AAC 68.900.

(b) In response to a request under (a) of this section, the repository may provide a report of any criminal justice information maintained in APSIN to the subject of the information, regardless of whether the information has been sealed under AS 12.62.180.

(c) If APSIN does not contain criminal justice information described in (b) of this section, the repository may provide a report confirming that fact.

(d) A person may not request a subject to obtain a criminal justice information report described in (b) or (c) of this section, or to provide, authorize release of, or confirm or deny the existence of such a report to any person.

(e) A person may request a subject of criminal justice information to obtain, under (a) of this section, a criminal history record information report described in

(1) 13 AAC 68.310; a person may request the subject to provide or authorize the release of the report to any person for any purpose; or

(2) 13 AAC 68.315; a person may request the subject to provide or authorize the release of the report only to an interested person and only for the purpose of determining whether to grant the subject supervisory or disciplinary power over a minor or dependent adult.

History

Authority: AS 12.62.110; AS 12.62.160; AS 12.62.180
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.310 Report of criminal history record information available to any person

(a) A person may request a report under this section by

(1) providing to the repository, on a form provided by the department, or in a format approved by the department,

(A) the requester's full name, mailing address, and telephone number; and

(B) a signed authorization, by the person who is the subject of the criminal history record information, for the repository to release the report to the requester;

(2) providing to the repository proof of identity of the person who is the subject of the criminal history record information; and

(3) payment of the fee established in 13 AAC 68.900.

(b) In response to a request under (a) of this section, the repository may provide to the requester a report of criminal history record information maintained in APSIN for the subject of the request, except for information that is sealed under AS 12.62.180.

(c) If APSIN does not contain information described in (b) of this section, the repository may provide a report confirming that fact.

(d) As a condition of receiving a report under this section, a person may not release the contents of the report to another person unless the release is authorized in writing by the subject of the report.

History

Authority: AS 12.62.110; AS 12.62.160; AS 18.65.087
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.315 Report of criminal history record information available to an interested person

(a) An interested person may request a report under this section by

(1) providing to the repository, on a form provided by the department, or in a format approved by the department,

(A) the requester's full name, mailing address, and telephone number; and

(B) a signed authorization, by the person who is the subject of the criminal justice information, for the repository to release the report to the requester for the purpose described in AS 12.62.160(b)(9).

(2) providing to the repository proof of identity of the person who is the subject of the criminal justice information; and

(3) paying the fee established in 13 AAC 68.900.

(b) In response to a request under (a) of this section, the repository may provide to the requester a report of criminal justice information maintained in APSIN for the subject of the request, except for information that is sealed under AS 12.62.180.

(c) If ASPIN does not contain information described in (b) of this section, the repository may provide a report confirming that fact.

(d) As a condition of receiving a report under this section, a person may not release the contents of the report to another person unless

(1) it is released to another interested person for the purpose of determining whether to grant the subject supervisory or disciplinary power over a minor or dependent adult; and

(2) the subject of the report authorizes the release in writing.

History

Authority: AS 12.62.110; AS 12.62.160; AS 18.65.087
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.320 Report of criminal justice information authorized by state or federal law

(a) A person authorized under state or federal law to receive criminal justice information that is not otherwise available to the person under AS 12.62 and this chapter may request a report under this section. To obtain a report under this section, a person shall submit to the repository an application that includes

(1) a description of the information sought and the purpose for which it will be used;

(2) citation and the full text of a state or federal statute that

(A) specifically authorizes the applicant to receive information described in (1) of this subsection; or

(B) requires the applicant to receive information described in (1) of this subsection in order for the applicant to enforce a state or federal law; and

(3) citation and the full text of any state or federal regulation adopted to implement, interpret, or make specific the statute cited in (2) of this subsection.

(b) Upon receipt of the application, the repository shall grant or deny the application.

(c) If an application is denied under (b) of this section, the repository shall provide the applicant with a written explanation for the denial, including a description of any additional information required for reconsideration of the application.

(d) A person approved to receive a report under this section may request a report under this section by

(1) providing to the repository, on a form provided by the department, or in a format approved by the department,

(A) the requester's full name, mailing address, and telephone number; and

(2) providing to the repository proof of identity of the person who is the subject of the criminal justice information; and

(3) paying the fee established in 13 AAC 68.900.

(e) Repealed 11/15/2003.

(f) As a condition of receiving information under this section, a person may not release the information to another person unless the

(1) information is released to another person authorized by state or federal law to receive the information; and

(2) release is authorized in writing by the subject of the report.

History

Authority: AS 12.62.110; AS 12.62.160; AS 12.62.180
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.325 Release of criminal justice information required by a court rule or court order

(a) A prosecuting agency authorized direct access to repository records under 13 AAC 68.215 may release criminal justice information maintained by the repository to a person if the information is required for purposes of discovery in a criminal case.

(b) The repository may release criminal justice information to a person upon receipt of

(1) a court order signed by a state or federal judge, magistrate, or other authorized court official; and

(2) payment of the fee established in 13 AAC 68.900.

(c) Unless otherwise specified in the court rule or order, information released under this section will include only criminal history record information that has not been sealed under AS 12.62.180.

(d) Release of criminal justice information under this section is not subject to the requirements of AS 12.62.160(c)(3).

(e) As a condition of receiving information under this section, a person may not release the information to another person except as specifically authorized under a court rule or court order signed by a state or federal judge or magistrate.

History

Authority: AS 12.62.110; AS 12.62.160; AS 12.62.180
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.326 Release of criminal justice information for the purpose of determining eligibility for a permanent fund dividend

The release of criminal justice information to the Department of Corrections and Department of Revenue for the purpose described in AS 43.23.055 is not subject to the requirements of AS 12.62.160(c)(3) or (c)(4).

History

Authority: AS 12.62.110; AS 12.62.160
Eff. 11/15/2003, Register 168

13 AAC 68.328 Release of criminal justice information to a crime victim

The release of criminal justice information to a crime victim by the prosecuting authority under AS 12.61.010 is not subject to the requirements of AS 12.62.160(c)(3).

History

Authority: AS 12.62.110; AS 12.62.160
Eff. 11/15/2003, Register 168

13 AAC 68.330 Release of criminal justice information to a criminal justice agency

(a) The repository, or an agency authorized direct access to records maintained by the repository under 13 AAC 68.215, may release criminal justice information maintained by the repository to a criminal justice agency for a criminal justice activity, except for information that is sealed under AS 12.62.180. Information released under this subsection is not subject to the requirements of AS 12.62.160(c)(3) or (c)(4).

(b) The repository may release criminal justice information maintained by the repository, including information that is sealed under AS 12.62.180, to a criminal justice agency for criminal justice employment purposes.

History

Authority: AS 12.62.110; AS 12.62.160; AS 12.62.180
Eff. 1/10/97, Register 140

13 AAC 68.335 Release of criminal justice information to avoid imminent danger to life or extensive damage to property

(a) The repository, or an agency authorized direct access to records maintained by the repository under 13 AAC 68.215, may release an assessment or summary of criminal justice information maintained by the repository to a person for a purpose described in AS 12.62.160(b)(1), except that information that is sealed under AS 12.62.180 may be released under this section only when necessary to prevent imminent harm to a person.

(b) Release of information under this section is not subject to the requirements of AS 12.62.160(c)(3).

History

Authority: AS 12.62.110; AS 12.62.160; AS 12.62.180
Eff. 1/10/97, Register 140

13 AAC 68.340 Release of information to identify, locate, or apprehend a fugitive or wanted person, recover stolen property, or for public reporting of recent events

(b) Information released under (a) of this section for the purpose of public reporting of recent criminal justice activity may include criminal history record information maintained by the repository concerning a person who, within the preceding month, has been the subject of criminal justice activity reported to the repository under

(A) 13 AAC 68.105;

(B) 13 AAC 68.115;

(D) 13 AAC 68.130 - 13 AAC 68.145.

(c) The repository may refer a request for information described in (b) of this section to the agency with the most direct knowledge of the recent criminal justice activity.

(d) Information that is sealed under AS 12.62.180 may be released under this section only when necessary to prevent imminent harm to a person. Release of information under this section is not subject to the requirements of AS 12.62.160(c)(3).

History

Authority: AS 12.62.110; AS 12.62.160; AS 12.62.180
Eff. 1/10/97, Register 140

13 AAC 68.345 Release of information for criminal justice research

(a) A person may request, in aggregate form, criminal justice information maintained by the repository for the purpose of criminal justice research by providing to the repository

(1) the full name, mailing address, and telephone number of the requester;

(2) a description of the specific criminal justice information requested, and how it relates to the purpose of the research;

(3) a description of the qualifications of the requester, including

(A) educational background;

(B) past research experience; and

(4) the full name, address, and telephone number of any other person participating in the research who will have access to the information requested;

(5) at the discretion of the repository, two sets of fingerprints for the requester and for a person identified under (4) of this subsection, for the purpose of conducting state and national criminal history background checks; and

(6) any other information necessary to determine the qualifications of the requester to conduct criminal justice research.

(b) If the repository determines that the requester is qualified to conduct criminal justice research, the repository may release criminal justice information under this section if the requester pays the fee established in 13 AAC 68.900 and signs an agreement to abide by the following conditions:

(1) disclosure of the information to a person or for a purpose not authorized in writing by the department is subject to civil and criminal penalties;

(2) the department has the right to fully monitor the research to assure compliance with the terms of the agreement;

(3) the department has the right to examine and verify all data generated by the research project, and if a material error or omission is found, to order that the data not be released or used for any purpose unless corrected; and

(4) any other conditions required by the department to assure the security of the information and the privacy of the individuals to whom the information relates.

History

Authority: AS 12.62.110; AS 12.62.160; AS 12.62.180
Eff. 1/10/97, Register 140

Article 5 General Provisions

13 AAC 68.900 Fees

(a) Except as provided in (b) of this section, the department will charge the following fees for services provided under this chapter:

(1) to process a set of fingerprints voluntarily submitted for inclusion in AAFIS under 13 AAC 68.125(a), $20;

(2) to provide criminal justice information requested under 13 AAC 68.300 - 13 AAC 68.325,

(A) if fingerprints are not submitted with the request, $20;

(B) if fingerprints are submitted with the request, $35;

(3) to provide information requested for the purpose of criminal justice research under 13 AAC 68.345, the actual cost for the department to produce the requested information;

(4) to take a set of legible fingerprints,

(A) for the first set, $30;

(B) for each additional set taken at the same time for the same person, $10;

(5) to forward a request for criminal justice information to the Federal Bureau of Investigation, a fee set by that agency.

(b) The department will not charge a fee for information released under 13 AAC 68.326 - 13 AAC 68.340 or for the purpose of discovery in a criminal case.

(c) Except for fingerprints submitted under 13 AAC 68.120, the repository will return a set of fingerprints submitted under this chapter if the fingerprints are not legible or are not submitted on a form or in a format provided or approved by the department, with an explanation of the correction needed. The person who submitted the fingerprints may submit one new set, attached to the original set, for no additional fee. If the second submission does not meet the requirements of this chapter, subsequent submissions are subject to the full fee for the requested service as described in (a) of this section.

(d) Except for a government unit approved by the department to be billed, or a request that involves actual costs for conducting research, a fee for a service under this chapter must be submitted at the time of the request for service. A service under this chapter will be discontinued or denied if a fee check submitted for the service is returned by a financial institution for insufficient funds or is otherwise uncollectible.

(e) Upon the repository's determination that the waiver or reduction of a fee is in the public interest, the repository may waive or reduce a fee for a service under this chapter.

History

Authority: AS 12.62.110; AS 12.62.160; AS 44.41.025
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

13 AAC 68.905 Definitions

In this chapter, unless the context requires otherwise,

(1) "AAFIS" means the Alaska Automated Fingerprint Identification System;

(2) "agency" has the meaning given in AS 12.62.900;

(3) "APSIN" means the Alaska Public Safety Information Network;

(4) "arrest tracking number" means a number approved by the department to identify a charge or set of charges against a person associated with one incident, arrest, charging document, or other action by a criminal justice agency;

(5) "board" means the Criminal Justice Information Advisory Board established under AS 12.62.100;

(6) "Board of Parole" means the board established under AS 33.16.020;

(7) "central repository of criminal justice information" means the records and identification bureau of the department;

(8) "charge number" means a number approved by the department to identify a criminal charge;

(9) "collateral offense" means any of the following conduct, if the conduct is not charged as a crime that will result in a sentence separate from the original offense to which the conduct relates:

(A) failure to comply with an order of a court in a criminal case, including violation of probation or bail conditions;

(B) violation of parole;

(10) "commissioner" means the commissioner of the Department of Public Safety;

(11) "criminal history record information" has the meaning given in AS 12.62.900;

(12) "criminal identification information" has the meaning given in AS 12.62.900;

(13) "criminal justice activity" has the meaning given in AS 12.62.900; "criminal justice activity" includes defense of a criminal justice agency by the Department of Law involving civil litigation;

(14) "criminal justice agency" has the meaning given in AS 12.62.900;

(15) "criminal justice information" has the meaning given in AS 12.62.900;

(16) "current offender information" has the meaning given in AS 12.62.900;

(17) "department" means the Department of Public Safety;

(18) "direct access" means the ability to view or change the contents of criminal justice information

(A) through a terminal, computer, printer, or control unit that is connected to APSIN; or

(B) by being physically present in a secure area where fingerprint cards, photographs, reports, correspondence, or other records containing criminal justice information are maintained;

(19) "domestic violence" has the meaning given in AS 18.66.990;

(20) "government unit" means a department, division, bureau, section, program, office, institution, or other organizational unit of government;

(21) "interested person" has the meaning given in AS 12.62.900;

(22) "legible" means, for a set of fingerprints, having acceptable technical quality to be processed through an automated or manual fingerprint identification system in order to positively identify a person;

(23) "national criminal history system" means the criminal history record system maintained by the Federal Bureau of Investigation;

(24) "nonconviction information" has the meaning given in AS 12.62.900;

(25) "offense" has the meaning given in AS 12.80.060;

(26) "offense code" means a description, approved by the department, of a statute, regulation, or ordinance that defines illegal conduct;

(27) "past conviction information" has the meaning given in AS 12.62.900;

(28) "personal descriptors" means information used to identify a person, which may consist of one or more of the following:

(A) full name;

(B) aliases;

(D) place of birth;

(E) country of citizenship;

(F) physical characteristics, including sex, race, height, weight, eye color, hair color, scars, marks, tattoos, and amputations;

(G) occupation;

(H) employer;

(I) deoxyribonucleic acid profile availability and location;

(J) driver's license number and state of issue;

(K) social security number;

(L) any other identification number assigned by a government unit;

(29) "prosecuting agency" means an agency authorized by law to prosecute criminal offenses;

(30) "repository" means the central repository of criminal justice information;

(31) repealed 11/15/2003;

(32) "proof of identity" means, for a subject

(A) who is a natural person, personal descriptors required either on a form provided by the department or in a format approved by the department, and one of the following:

(i) a set of fingerprints;

(ii) two pieces of identification presented in person by the subject to the department, one of which must be a valid picture identification issued by a government unit;

(iii) a signed statement attesting, under penalty for unsworn falsification in violation of AS 11.56.210, that the personal descriptors accurately describe the person signing the statement; or

(B) other than a natural person, a signed statement from the subject's board of directors, or from an individual who has the authority to bind the subject in legal transactions, that the personal descriptors accurately describe the subject.

History

Authority: AS 12.62.110
Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

Chapter 69 Vessel Maintenance

13 AAC 69.010 Application of interport differential to bids

If the lowest cost of a bid from a shipyard facility located in the state, after consideration of the Alaska bidder preference set out in AS 36.30.170, is greater than the lowest cost of a bid from a shipyard facility located outside the state, after inclusion of the interport differential identified by the commissioner and calculated under 13 AAC 69.020, the proposed cost of the maintenance or repair work of a vessel is unreasonable within the meaning of AS 36.90.049(a). The commissioner will document a finding of unreasonability in writing, and will include the written finding and all relevant documents in the procurement file.

History

Authority: AS 36.90.049
Eff. 8/12/99, Register 151

13 AAC 69.020 Interport differential criteria

The aggregate of the following cost criteria comprise the interport differential for a bid submitted by a shipyard facility:

(1) fuel to transport the vessel from its designated base port to the shipyard facility and return;

(2) maintenance costs incurred and consumables used, including lubricants and other engine and deck stores, while transporting the vessel from its designated base port to the shipyard facility and return;

(3) crew wages

(A) to prepare the vessel for entry to the shipyard facility;

(B) to deliver the vessel from its designated base port to the shipyard facility and return; and

(4) nonwage costs to transport crew to or from the vessel while it is in the shipyard facility;

(5) crew per diem while the vessel is in the shipyard facility;

(6) travel costs and per diem for non-crew staff and consultants to administer the contract;

(7) other interport costs not described in (1) - (6) of this section that relate to the performance of the maintenance or repair work of a vessel at a shipyard facility.

History

Authority: AS 36.90.049
Eff. 8/12/99, Register 151

13 AAC 69.030 Designated base port

For purposes of calculating the interport differential under AS 36.90.049 and 13 AAC 69.020, Dutch Harbor is the designated base port for the patrol vessel Stimson, and Kodiak is the designated base port for the patrol vessel Woldstad.

History

Authority: AS 36.90.049
Eff. 8/12/99, Register 151

13 AAC 69.900 Definitions

In this chapter

(1) "commissioner" means the commissioner of the department;

(2) "department" means the Department of Public Safety;

(3) "designated base port" means the home port for a vessel as specified in 13 AAC 69.030;

(4) "interport differential" has the meaning given the term in AS 36.90.049(e);

(5) "vessel" means a marine vessel operated by the department that is more than 100 feet in overall length.

History

Authority: AS 36.90.049
Eff. 8/12/99, Register 151

Part 4 Division of Motor Vehicles

Chapter 70 Vehicle Registration, Title, and Transfer

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.070 Title and registration for a new vehicle not located in Alaska

Repealed 10/2/92.

13 AAC 70.080 Title and registration for a used vehicle

Repealed 10/2/92.

13 AAC 70.090 Title and registration for vehicles purchased in foreign country other than Canada

Repealed 10/2/92.

13 AAC 70.100 Title and registration for vehicle purchased in Canada

Repealed 10/2/92.

13 AAC 70.105 Title and registration for a vehicle purchased or titled in a foreign country

Repealed.

History

Eff. 10/2/92, Register 123; repealed 7/1/2006, Register 178

13 AAC 70.110 Title and registration for assembled vehicle

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.120 Title and registration when no supporting evidence of ownership

Repealed 10/2/92.

13 AAC 70.130 Title and registration after dismantling or wrecking vehicle

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.140 Registration for vehicle registered elsewhere

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.150 Registration for occasional-use vehicle

Repealed 4/2/94.

History

Eff. 3/29/78, Register 65; am 10/2/92, Register 123; repealed 4/2/94, Register 129

13 AAC 70.160 Registration for snowmobile

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.170 Personalized registration plates for motor vehicles

Repealed.

History

Eff. 3/29/78, Register 65; am 10/2/92, Register 123; repealed 7/1/2006, Register 178

13 AAC 70.180 Registration plates for handicapped registrant

Repealed 10/2/92.

13 AAC 70.190 Registration plates for mobile amateur radio station owner

Repealed 10/2/92.

13 AAC 70.200 Exemption from registration tax for military

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.210 Exemption from license tax for charitable organization

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.220 Refund of tax or fee

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.230 Satisfaction and release of liens: procedures

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.240 Duty of insurance company obtaining title to an unrepairable vehicle

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

13 AAC 70.250 Temporary operating permits

Repealed.

History

Eff. 3/29/78, Register 65; repealed 7/1/2006, Register 178

Article 2 General Provisions

13 AAC 70.260 Records of department

Repealed.

History

Eff. 3/29/78, Register 65; am 4/2/94, Register 129; repealed 7/1/2006, Register 178

13 AAC 70.270 Definitions

Repealed 10/2/92.

13 AAC 70.275 Surrender of registration plates

Repealed.

History

Eff. 10/2/92, Register 123; repealed 7/1/2006, Register 178

13 AAC 70.280 Definition of residence address

Repealed.

History

Eff. 10/2/92, Register 123; repealed 7/1/2006, Register 178

13 AAC 70.285 Odometer disclosure

Repealed.

History

Eff. 10/2/92, Register 123; repealed 7/1/2006, Register 178

13 AAC 70.290 Title obliteration

Repealed.

History

Eff. 10/2/92, Register 123; repealed 7/1/2006, Register 178

13 AAC 70.300 Declaration of knowledge of commercial motor vehicle owners

Repealed.

History

Eff. 10/2/92, Register 123; repealed 7/1/2006, Register 178

13 AAC 70.310 Dealer temporary permits

Repealed.

History

Eff. 10/2/92, Register 123; repealed 7/1/2006, Register 178

13 AAC 70.320 Additional registration fee exemptions

Repealed.

History

Eff. 4/2/94, Register 129; repealed 7/1/2006, Register 178

13 AAC 70.500 Definitions

Repealed.

History

Eff. 3/29/78, Register 65; am 10/2/92, Register 123; repealed 7/1/2006, Register 178

Chapter 75 Peace Officer and Firefighter Survivors’ Fund

13 AAC 75.010 Purpose

The purpose of this chapter is to establish rules for determining eligibility to participate in and receive medical insurance premium payments from the peace officer and firefighter survivors' fund under AS 39.60.

History

Authority: AS 39.60.020; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.015 Presumptive eligibility period to receive medical insurance premium payment

As provided in AS 39.60.040, a surviving dependent of a peace officer or firefighter who is killed in the line of duty while employed by the state or a participating political subdivision is presumed eligible to receive medical insurance premium payments for the first 60 days after the death of the peace officer or firefighter. A surviving dependent or the authorized representative of a surviving dependent must request the medical insurance premium payments from the department in writing and provide information necessary to support the request, including medical insurance information.

History

Authority: AS 39.60.020; AS 39.60.040; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.020 Application for medical insurance premium payments

(a) To continue to receive medical insurance premium payments after the 60-day presumptive eligibility period under AS 39.60.040, a surviving dependent must establish eligibility under 13 AAC 75.040 by filing an application with the department not later than 30 days after the death of the peace officer or firefighter. At the applicant's request, the department will assist the applicant with the application process. Notwithstanding 13 AAC 75.060, failure to timely apply may result in termination of medical insurance premium payments beginning the month following the period of presumed eligibility in 13 AAC 75.015. Failure to establish eligibility will result in termination of medical insurance premium payments until eligibility is established.

(b) An application for medical insurance premium payments shall be submitted to the department in a form designated by the department. An application may be submitted by a surviving dependent or an authorized representative of a surviving dependent.

(c) An application may be submitted to the department electronically, in person, by mail, or by facsimile transmission to the website address, physical address, or facsimile number designated by the department on the application.

(d) The department may deny an incomplete application or an application that fails to provide information required to determine eligibility as required under this chapter.

History

Authority: AS 39.60.020; AS 39.60.040; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.030 Eligibility determination

(a) The department shall determine eligibility for medical insurance premium payments under the fund. To be eligible, a surviving dependent must apply for payments under the fund in accordance with 13 AAC 75.020 and meet the eligibility requirements under 13 AAC 75.040.

(b) The department will make an eligibility determination and provide written notice of the determination to the applicant not later than 30 calendar days after receipt of the completed application and all supporting documentation required to establish eligibility. An application is considered complete if each of the following requirements are met:

(1) the application form designated by the department is complete;

(2) the application form is signed by the applicant; and

(3) the application form is returned to the department with all required corroborating documents to establish proof of eligibility.

History

Authority: AS 39.60.020; AS 39.60.040; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.040 Eligibility requirements

(a) To be eligible to receive medical insurance premium payments beyond the period of presumed eligibility, a surviving dependent must submit a completed application to the department and provide each of the following:

(1) a death certificate of the deceased peace officer or firefighter;

(2) proof that the peace officer's or firefighter's death was proximately caused by an injury sustained or hazard undergone while in the performance of and within the scope of the employee's duties, and the injury or hazard was not the proximate result of the willful negligence by the employee;

(3) proof that at the time of death, the peace officer or firefighter was employed by a participating employer in a full-time, year-round position;

(4) proof of the receipt of medical insurance benefits by the surviving dependent through the peace officer's or firefighter's employer-sponsored medical insurance coverage prior to the death of the peace officer or firefighter;

(5) proof that the surviving spouse was legally married to the peace officer or firefighter at the time of the peace officer's or firefighter's death and is not eligible to receive major medical insurance coverage through other means; except that if the peace officer's or firefighter's death occurred before June 26, 2015, and if the applicant can prove the applicant was cohabiting with the peace officer or firefighter in a continuing, exclusive same-sex relationship at the time of the death, and can meet the other eligibility requirements in this section, proof of legal marriage is not required; and

(6) proof that for each surviving dependent child for whom payment of medical insurance premium payments is sought the dependent child is:

(A) the peace officer's or firefighter's child by birth, adoption, or stepchild status;

(B) is under 26 years of age or, if 26 years of age or older, is totally and permanently disabled; and

History

Authority: AS 39.60.020; AS 39.60.040; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.050 Request for reconsideration

(a) An applicant whose application is denied may request that the commissioner reconsider the decision. The request for reconsideration must be received by the commissioner not later than 10 days after the date the applicant has been provided with written notice of the rejection, including notice by electronic mail.

(b) The commissioner may concur with the decision of staff, and deny the application, request additional information from the applicant, or require further consideration of the application by department staff if the commissioner determines department staff erred in rejecting the application.

History

Authority: AS 39.60.020; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.060 Verification of continuing eligibility

Annually, the department will require verification from a surviving dependent of continued eligibility to receive payment of medical insurance premium payments. The department will provide a continuing eligibility verification form to each surviving dependent not later than 90 days before the anniversary of the peace officer's or firefighter's death. The surviving dependent must complete and certify the information is correct and complete, and return the verification form to the department not later than 30 days after receiving it. Failure of a surviving dependent to timely certify continuing eligibility may result in termination of payment of medical insurance premium payments.

History

Authority: AS 39.60.020; AS 39.60.040; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.070 Loss of eligibility

(a) The eligibility of a surviving spouse to receive medical insurance premium payments ends upon the earlier of the date the surviving spouse:

(1) becomes eligible for Medicare under 42 U.S.C. 1395j - 1395w-6;

(2) becomes eligible to receive alternative major medical insurance coverage, regardless of cost; or

(3) has received premium payments for 10 years, except that the 10-year time limit will not expire while a surviving spouse is parenting a surviving dependent child who is receiving the premium payments;

(b) The eligibility of a surviving dependent child to receive medical insurance premium payments ends upon the earlier of the date the dependent child:

(1) becomes eligible to receive alternative major medical insurance coverage, regardless of cost; or

(2) reaches 26 years of age. This subsection shall not apply to a child that is totally and permanently disabled as determined by the department.

(c) When eligibility ends, the department will stop paying premium payments on behalf of the surviving dependent and notify the employer's insurance company.

History

Authority: AS 39.60.020; AS 39.60.040; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.080 Verification and documentation

(a) An applicant shall, upon request, provide the department with verification of dependent status and any other information contained in the application. An applicant shall provide verification acceptable to the department through official marriage or birth certificates, adoption records, or other official documentary evidence. An applicant shall verify ineligibility for other medical insurance coverage through an attestation or other documents or correspondence from the surviving dependent's employer, staff members of social service agencies, or other third parties.

(b) An applicant shall verify the deceased peace officer's or firefighter's employment and medical insurance participation status by providing documentary evidence verifying, for example, the type of position held, that the employment was full-time and twelve months per year, and the type and level of medical insurance that the employee and surviving dependent was enrolled in at the time of death.

(c) In addition to an official death certificate, an applicant shall, upon request, provide the department with any reports, summaries, memoranda, or other documents explaining the circumstances surrounding the death of the peace officer or firefighter to verify eligibility in accordance with 13 AAC 75.040(a)(2).

History

Authority: AS 39.60.020; AS 39.60.040; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.090 Report of changes

(a) It is the responsibility of the recipient or the recipient's authorized representative to report to the department all changes which might affect continuing eligibility for payment of medical insurance premiums under the fund. Any changes must be reported orally or in writing not later than 10 days after their occurrence. Changes which must be reported include:

(1) a change in marital status resulting in eligibility for alternative major medical insurance coverage;

(2) a change in employment status resulting in eligibility for alternative major medical insurance coverage;

(3) eligibility for Medicare under 42 U.S.C. 1395j - 1395w-6;

(4) eligibility for major medical insurance coverage through other means regardless of the source or cost;

(5) a surviving dependent child reaching 26 years of age; and

(6) the tenth anniversary since a surviving spouse first began receiving premium payments for medical insurance.

(b) Under this chapter, coverage through Medicaid under 42 U.S.C. 1396 or coverage available through a health insurance marketplace under the Patient Protection and Affordable Care Act under 42 U.S.C. 18001 or similar federal law shall not constitute eligibility for medical insurance coverage through other means.

(c) Medical insurance premium payments will cease the month following the month in which a surviving dependent becomes ineligible. If ineligibility is due to eligibility for other major medical insurance and the surviving dependent later loses eligibility for the other major medical insurance, the surviving dependent may reapply for medical insurance premium payments under the fund.

(d) In the event that a change in status or error in a surviving dependent's records results in the payment of medical premiums that the surviving dependent is not entitled to, the department shall correct the error in the department's records and, as far as practicable, recover medical premium payments made in error, regardless of the source of the error. The department may recover medical premium payments made in error through a lump sum payment or a structured repayment plan that ensures the minimal amount of financial impact to the Peace Officer and Firefighter Survivors' Fund. In authorizing a structured repayment, the department shall include such interest as necessary to minimize the impact to the fund. The department, in its discretion, may waive the repayment of an overpayment of medical premium payments, or any portion thereof, if, in the opinion of the department:

(1) the repayment will cause undue hardship to a surviving dependent;

(2) the surviving dependent did not supply any erroneous information to the department in relation to the medical premium overpayment;

(3) the surviving dependent reported all changes to eligibility in a timely manner; and

(4) the surviving dependent had no reasonable grounds to believe the medical premium payment occurred in error.

History

Authority: AS 39.60.020; AS 39.60.040; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.095 Municipal participation in the fund

(a) A local government may apply to the department to participate in the peace officer and firefighter survivors' fund under AS 39.60.010 - AS 39.60.190 by completing a participation application provided by the department and entering into a participation agreement with the department. The participation agreement shall designate the amount and frequency of the local government's contribution to the fund, require that the local government stay current with its contributions to the fund, and require the local government to comply with all regulations adopted to implement the Peace Officer and Firefighter Survivors' Fund.

(b) A local government participating in the fund agrees to pay 100 percent of the premium to maintain medical insurance coverage for the surviving dependents of the peace officer or firefighter killed in the line of duty in addition to any necessary administration costs.

(c) A participating local government agrees to maintain the same level of medical coverage for the surviving dependent as was last selected by the deceased peace office or firefighter or at the amended level of coverage if the local government amends coverage for all permanent, full-time employees.

(d) The department shall retain sole authority to determine survivor eligibility. The local government agrees to provide all requested information needed to determine continuing eligibility.

(e) A local government may apply to the department to participate in the Peace Officer and Firefighter Survivors' Fund after the local government experiences the death of an employee. The department will not make any retroactive payments from the fund, however nothing in this chapter bars the local government from paying the surviving dependent's medical insurance costs during the application process.

(f) In the event a local government elects to discontinue its participation in the Peace Officer and Firefighter Survivors' Fund, or fails to make the required premium payments, the department is not obligated to make payments to the surviving dependent on behalf of the local government.

History

Authority: AS 39.60.020; AS 39.60.050; AS 44.17.030
Eff. 1/26/2018, Register 225

13 AAC 75.100 Definitions

In this chapter, unless the context requires otherwise,

(1) "applicant" means a surviving dependent or the surviving dependent's authorized representative, parent or guardian;

(2) "child" has the meaning given in AS 39.60.190 and includes an unborn child of the peace officer or firefighter;

(3) "employee" means the peace officer or firefighter who is killed in the line of duty;

(4) "fund" means the Peace Officer and Firefighter Survivors' Fund established in AS 39.60.010;

(5) "major medical insurance" means medical insurance designed to compensate for particularly large medical expenses due to a severe or prolonged illness, usually by paying a high percentage or medical bills above a certain amount, that covers the expenses associated with serious illness or hospitalization and does not include limited benefit plans, dental plan, vision plan, accident supplements, short-term health insurance, or critical illness plans;

(6) "recipient" means a surviving dependent who has been found eligible to participate, and is participating, in the fund;

(7) "surviving dependent" means a surviving spouse or child of a peace officer or firefighter who is killed in the line of duty;

(8) "surviving spouse" means a person who is married to a peace officer or firefighter at the time of the peace officer's or firefighters' death.

History

Authority: AS 39.60.020; AS 39.60.070; AS 44.17.030
Eff. 1/26/2018, Register 225

Part 6 Alaska Police Standards Council

Chapter 85 Minimum Standards for Police, Probation, Parole and Correctional Officers

Article 1 Minimum Standards for Police Officers

13 AAC 85.005 Applicability

The requirements of 13 AAC 85.005 - 13 AAC 85.120 do not apply to village police officers identified in 13 AAC 89, except as specifically provided in 13 AAC 89.

History

Authority: AS 18.65.220
Eff. 10/18/81, Register 80; am 8/8/90, Register 115

13 AAC 85.010 Basic standards for police officers

(a) A participating police department may not hire a person as a police officer unless the person meets the following minimum qualifications at the time of hire:

(1) is a citizen of the United States or a United States National;

(2) is 21 years of age or older;

(3) is of good moral character;

(4) has a high school diploma recognized by a state, has a diploma from a home school program recognized or certified by a state or by a local school district within a state as having met that state's graduation requirements, or has passed a General Educational Development (GED) test;

(5) is certified by a licensed physician, advanced practice registered nurse, or physician assistant on a medical record form supplied by the council to be physically capable of performing the essential functions of the job of police officer;

(6) is certified by a licensed psychiatrist or psychologist, on a psychological record form supplied by the council, to be mentally capable of performing the essential functions of the job of police officer and is free from any emotional disorder that may adversely affect the person's performance as a police officer.

(b) A participating police department may not hire as a police officer a person

(1) who has been convicted of any felony or a misdemeanor crime of domestic violence by a civilian court of this state, the United States, or another state or territory, or by a military court;

(2) who has been convicted, during the 10 years immediately before the date of hire as a police officer, of a crime of dishonesty or crime of moral turpitude, of a crime that resulted in serious physical injury to another person, or of two or more DUI offenses, by a civilian court of this state, the United States, or another state or territory, or by a military court;

(3) who

(A) has been denied certification, has had the person's basic certification revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, unless the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.110 or by the responsible certifying agency of the issuing jurisdiction; or

(B) is under suspension of a basic certification in another jurisdiction, for the period of the suspension, unless the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction; or

(4) who

(A) has illegally manufactured, transported, or sold a controlled substance, unless the person was under the age of 21 at the time of the act and the act occurred more than 10 years before the date of hire;

(B) within the five years before the date of hire, has illegally used a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless

(i) the person was under the age of 21 at the time of using the controlled substance; or

(ii) an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person; or

(C) within the one year before the date of hire, has used marijuana, unless the person was under the age of 21 at the time of using marijuana.

(c) A participating police department has 30 days after the date of hire to confirm that a person hired as a police officer meets the standards of (a) and (b) of this section. The council may grant an extension of the 30-day period if the council determines that the person will probably be able to meet the standards by the end of the extension period. The chief administrative officer of the police department where the person is employed shall make a written request for the extension, and shall explain the reason the extension is necessary. If a police department concludes at the end of the investigation that the person does not meet the required standards, the department shall immediately discharge the person from employment as a police officer. When deciding whether a person meets the standards of (a) and (b) of this section, the department shall

(1) obtain proof of age, citizenship status, and education;

(2) obtain fingerprints on two copies of FBI Applicant Card FD-258 and forward both cards to the automated fingerprint identification section of the Department of Public Safety;

(3) obtain a complete personal history of the person on a form supplied by the council;

(4) conduct a thorough personal-history investigation of the person to determine character traits and habits indicative of moral character and fitness as a police officer;

(5) obtain a complete medical history report of the person; the report must be given to a licensed physician, advanced practice registered nurse, or physician assistant to use as a basis in conducting a physical examination of the person;

(6) require the person to undergo an examination by a licensed psychiatrist or psychologist; and

(7) determine whether the person

(A) has been denied certification, has had the person's basic certification revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, and whether the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.110 or by the responsible certifying agency of the issuing jurisdiction; or

(B) is under suspension of a basic certification in another jurisdiction, for the period of the suspension, and whether the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction.

(d) All information, documents, and reports obtained by a participating police department under (c) of this section must be placed in the permanent files of the police department and must be available for examination at any reasonable time by representatives of the council. A copy of any criminal record discovered and of the following completed council forms must be sent to the council within 30 days after the date of each hire:

(1) the medical examination report;

(2) the health questionnaire;

(3) the personal history statement;

(4) the psychological record form; and

(5) the compliance form to record an agency's compliance with (c)(1) - (7) of this section.

(e) A police officer shall enroll in a council-certified basic police officer academy within six months after the date of hire. A police officer shall complete a council-certified field training program, and verification of completion shall be sent, on a form supplied by the council, to the council within the probationary period specified in 13 AAC 85.040(b)(3).

(f) The information in the council's files is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and the regulations adopted under AS 18.65.130 - 18.65.290. However, training records and the documents listed in (d) and (e) of this section relating to an applicant or police officer may be reviewed by the applicant or officer. Information that indicates that a person might not qualify for certification as a police officer, or that adversely reflects upon a person's ability to be a competent officer may be furnished by the council to a federal, state, or local law enforcement agency that has hired or is considering hiring the person. A police officer or applicant may not review information in the council's files that was supplied to the council with the understanding that the information or the source of the information would remain confidential, except that any information that serves as the basis for a decision to deny or revoke certification will be revealed to the police officer or applicant.

(g) If the signature of an officer or applicant is required on a council form, the signature must be under oath or affirmation and must be accompanied by a statement by the officer or applicant that the information supplied is true, to the best of the signer's knowledge and acknowledging that the council will use the information on the forms for purposes of determining the officer's or applicant's eligibility and qualifications for training, employment, and certification.

(h) The council will design and distribute forms to aid police departments in obtaining the information required in (c) of this section.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 8/10/73, Register 47; am 8/10/80, Register 75; am 9/23/84, Register 91; am 3/16/89, Register 109; am 8/8/90, Register 115; am 10/24/92, Register 124; am 8/5/95, Register 135; am 7/15/98, Register 147; am 2/20/99, Register 149; am 8/16/2000, Register 155; am 3/25/2001, Register 157; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219; am 9/1/2017, Register 223; am 8/28/2020, Register 236

13 AAC 85.020 Permanent employment for police officers

(a) A participating police department may not grant a person permanent status as a police officer unless the person has a current basic certificate issued by the council under 13 AAC 85.040.

(b) A participating police department may not employ a person as a police officer for more than 13 consecutive months unless the person has a current basic certificate issued by the council under 13 AAC 85.040, or unless an extension is granted under (c) of this section.

(c) The council may grant an extension for employment for longer than 13 months to allow a police officer to complete the necessary training based upon a written request for extension from the chief administrative officer of the participating police department. The council may grant an extension one time only, not to exceed six months.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 8/19/73, Register 47; am 9/17/76, Register 59; am 8/10/80, Register 75; am 9/23/84, Register 91; am 8/8/90, Register 115; am 8/16/2000, Register 155; am 9/24/2016, Register 219

13 AAC 85.030 Permanent appointment

Repealed 8/10/80.

13 AAC 85.040 Basic, intermediate, and advanced certificates

(a) The council will issue a basic, intermediate, or advanced certificate to a police officer meeting the standards set forth in (b), (c), or (d) of this section. No certificate will be issued unless documents required under 13 AAC 85.010(d) are submitted to the council.

(b) To be eligible for the award of a basic certificate, an applicant must

(1) be a full-time paid police officer of a police department in this state;

(2) meet the standards of 13 AAC 85.010(a) and (b);

(3) have worked 12 consecutive months on a probationary basis with the police department where the officer is employed at the time of application for certification;

(4) have successfully completed, within 13 months after the applicant's date of hire as a police officer in this state, a council-certified basic police officer academy meeting the standards of 13 AAC 85.050 or 13 AAC 85.060;

(5) attest and subscribe to the law enforcement Code of Ethics as follows:

As a law enforcement officer, my fundamental duty is to serve all people; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all people to liberty, equality, and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence, and never accepting gratuities. I will recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself (before God)* to my chosen profession . . . law enforcement.

*The phrase in parentheses may be omitted.

(1) be a full-time paid police officer of a police department in this state;

(2) possess a basic certificate; and

(3) have acquired either or both of the following, subject to (h) of this section, and except that training hours earned while attending a basic police officer academy do not count towards an intermediate certificate:

(A) the following minimum number of years of experience as a police officer, minimum education points, and minimum training hours:

Minimum years

of experience as

a police officer

two four five six Minimum

education

points in

college credit

Bachelor of

arts (B.A.) or

bachelor of

science (B.S.)

degree

Associate of

arts (A.A.) or

associate of

science (A.S.)

degree 45 None Minimum

years of experi-

ence as a police

officer

two four five six Minimum

training

hours

40 80 100 120

(B) seven or more years of experience as a police officer and a minimum of 20 training hours for each year of police officer experience.

(d) To be eligible for an advanced certificate, an applicant must

(1) be a full-time paid police officer of a police department in this state;

(2) possess a basic certificate and an intermediate certificate; and

(A) the following minimum number of years of experience as a police officer, minimum education points, and minimum training hours:

Minimum

years of

experience

as a police

officer

four six nine 11 13 Minimum

education

points in

college

credit

Master

degree Bachelor of

arts (B.A.)

or bachelor

of science

(B.S.)

degree Associate

of arts

(A.A.) or

associate

of science

(A.S.)

degree

45 None Minimum

training

hours

40 80 140 180 220

(B) 14 or more years of experience as a police officer and a minimum of 20 training hours for each year of police officer experience.

(e) Repealed 9/24/2016.

(f) College credits or degrees awarded by an institution of higher learning accredited by a regional or national accrediting agency recognized by the United States Secretary of Education will be recognized by the council. College credits awarded for a basic police officer academy will not be recognized for education points toward an intermediate or advanced certificate. College credits awarded for advanced, supervisory, management, executive, or specialized law enforcement courses may be recognized by the council for either training or education points. Education points will be awarded on the following basis:

(1) one-quarter college credit equals two-thirds of an education point;

(2) one semester college credit equals one education point.

(g) All training must be documented and the course must have been completed successfully by the applicant.

(h) After a basic certificate is awarded, a police officer must achieve the prescribed training hours towards the next level of certification. After an intermediate certificate is awarded, a police officer must achieve the prescribed training hours for an advanced certificate. The police officer may not count the same hours towards each subsequent level of certification.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 8/10/73, Register 47; am 9/17/76, Register 59; am 5/8/77, Register 62; am 8/10/80, Register 75; am 9/23/84, Register 91; am 5/23/85, Register 94; am 3/16/89, Register 109; am 8/8/90, Register 115; am 9/6/96, Register 139; am 9/24/2016, Register 219

13 AAC 85.045 Supervisory and management certification for police officers

(a) The council will issue a supervisory or management certificate to an applicant who meets the standards set forth in (b) or (c) of this section. No certificate will be issued unless the applicant submits the documents required under 13 AAC 85.010(d) to the council.

(b) To be eligible for a supervisory certificate, an applicant must

(1) be a full-time paid police officer of a police department in this state;

(2) possess an intermediate or advanced certificate;

(3) have directly supervised at least one other public safety employee full-time for at least 12 months;

(4) have successfully completed council approved supervisor training consisting of at least 80 hours of instruction; and

(5) have completed at least 40 hours of additional council approved training in addition to those previously relied upon for intermediate or advanced officer certification.

(1) be a full-time paid police officer of a police department in this state;

(2) possess a supervisory certificate;

(3) have directly supervised at least one first-line supervisor for at least 12 months;

(4) have successfully completed council approved management level training consisting of at least 80 hours of instruction; and

(5) have completed at least 40 hours of additional council approved training in addition to those previously relied upon for prior certification.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 1/19/2025, Register 253

13 AAC 85.050 Basic police officer academy

(a) The basic police officer academy consists of a minimum of 650 continuous hours of instruction in basic law enforcement subjects.

(b) The basic police officer academy must include the following topics of instruction:

(1) disability awareness in compliance with the requirements of AS 18.65.220;

(2) bloodborne pathogens;

(3) ethics;

(4) constitutional law and civil rights;

(5) control tactics;

(6) cardiopulmonary resuscitation (CPR), basic first aid, and use of an automated external defibrillator (AED);

(7) criminal investigation, including;

(A) controlled substances;

(B) crimes against minors; and

(8) the criminal justice system;

(9) criminal law and procedure;

(10) crime scene investigation;

(11) cultural diversity;

(12) domestic violence;

(13) driving under the influence, field sobriety training, and use of a scientific instrument to analyze a sample of a person's breath and determine the breath alcohol content in that sample;

(14) electronic evidence and identity theft;

(15) classroom and practical emergency vehicle operations;

(16) emotional survival, police stress, and trauma;

(17) mental health issues;

(18) firearms, including;

(A) classroom instruction;

(B) handguns, practical instruction;

(D) long guns, practical instruction; and

(E) long guns, practical instruction, low-light operations;

(19) hazardous materials;

(20) interview and interrogation;

(21) juvenile law and procedures;

(22) patrol procedures;

(23) police tools, including TASER, oleoresin capsicum, baton, handcuffs, and radar;

(24) professional communication;

(25) radio procedures;

(26) report writing;

(27) search-and-seizure and search warrants;

(28) social media;

(29) traffic law and stops, including practical scenarios and accident investigation; and

(30) use of force.

(c) To receive credit for the basic police officer academy, a person must attend all sessions of the academy, except for absences approved by the academy commander, and be awarded a certificate of graduation by the academy commander. A person may not be certified for successful completion of the basic police officer academy if the person

(1) has excused absences exceeding 10 percent of the total hours of academy instruction;

(2) fails to achieve a passing grade of 70 percent or higher on each block of academy instruction;

(3) fails to achieve a cumulative average of 70 percent or higher; or

(4) fails to achieve a grade of 75 percent or higher on the firearms portion of the basic police officer academy.

(d) The council may refuse to authorize admission to any council-certified basic police officer academy for any civilian applicants or persons employed as police officers who are not eligible for certification as a police officer under 13 AAC 85.005 - 13 AAC 85.150.

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.240
Eff. 8/10/73, Register 47; am 8/10/80, Register 75; am 9/23/84, Register 91; am 8/8/90, Register 115; am 10/24/92, Register 124; am 9/24/2016, Register 219; am 4/6/2018, Register 226

13 AAC 85.060 Waiver and reciprocity

(a) The council may waive part or all of the basic police officer academy requirements if an applicant furnishes satisfactory evidence that the applicant has successfully completed

(1) an equivalent basic police officer academy;

(2) a 12-consecutive-month probationary period with the police department the applicant is employed within this state at the time of the waiver request;

(3) a council-certified, department-supervised field training program; and

(4) a council-certified recertification police training academy that consists of a minimum of 80 hours of classroom and practical training and that includes the following topics of instruction:

(A) criminal laws in this state;

(B) control tactics;

(D) ethics;

(E) firearms;

(F) use of force;

(G) juvenile law and procedures in this state;

(H) laws of arrest in this state;

(I) traffic law in this state;

(J) laws in this state regarding detection of driving under the influence and enforcement; and

(K) recognizing and working with disabled persons in compliance with the requirements of AS 18.65.220.

(b) The council may enter into reciprocity agreements with states that regulate or supervise the quality of police training and that require a minimum of 650 hours of classroom and practical training for police officers.

(c) Notwithstanding (a) of this section, the council will not grant a waiver if the applicant was previously issued a certificate that lapsed more than five years before the waiver was sought.

(d) Repealed 4/6/2018.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 8/10/73, Register 47; am 8/10/80, Register 75; am 9/23/84, Register 91; am 10/24/92, Register 124; am 8/5/95, Register 135; am 8/16/2000, Register 155; am 3/31/2005, Register 173; am 9/24/2016, Register 219; am 4/6/2018, Register 226

13 AAC 85.070 Law enforcement code of ethics

Repealed 8/10/80.

13 AAC 85.080 Discrimination prohibited

Repealed 8/10/80.

13 AAC 85.090 Personnel reports

(a) Within 30 days after the date that a police officer is appointed by a participating police department, the police department's chief administrative officer, or the chief administrative officer's designee, shall notify the council in writing, on a form provided by the council, of the appointment of the police officer, unless a public record of the appointment would jeopardize the police officer or the police officer's assignment.

(b) A participating police department shall notify the council within 30 days after the date that a police officer is no longer employed by the police department. The notification to the council must state the reason the person is no longer employed as a police officer by the police department, including layoff of the officer, death of the officer, termination of the officer by the police department, or the officer's voluntary resignation. If the reason for the termination of employment is the voluntary resignation of the officer, the police department must disclose in the notification if the resignation was to avoid an adverse action by the police department. The police department must also disclose in the notification if any resignation or termination involved a finding or allegation of dishonesty, misconduct, or lack of good moral character.

(c) A participating police department may not formally or informally agree not to report to the council under this section.

(d) Within 30 days after the allegation being sustained by administrative review, a participating police department shall notify the council of an allegation of misconduct by an officer employed by that department if the misconduct alleged may be cause for revocation under 13 AAC 85.110.

(e) An officer certified by the council or serving in a position requiring certification by the council shall maintain a current, valid mailing address on file with the council. The most recent mailing address on file with the council is the address that the council will use for official communications and notifications. An officer shall notify the council, in writing, of a change of the officer's address not later than 30 days after the change.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 8/10/73, Register 47; am 9/17/76, Register 59; am 8/10/80, Register 75; am 9/23/84, Register 91; am 8/8/2007, Register 183; am 9/24/2016, Register 219; am 6/17/2020, Register 234

13 AAC 85.100 Determination of ineligibility and denial of certificates

(a) The council may deny a basic certificate or find a police officer job applicant or training applicant ineligible for certification upon a finding that the applicant

(1) falsified or omitted information required to be provided on the application for certification or on supporting documents; or

(2) has been discharged, or resigned under threat of discharge, from employment as a police officer in this state or any other state or territory for inefficiency, incompetence, or some other reason that adversely affects the ability and fitness of the police officer to perform job duties or that is detrimental to the reputation, integrity, or discipline of the police department where the police officer worked.

(b) The council will deny a basic certificate or find a police officer job applicant or training applicant ineligible for certification upon a finding that the applicant

(1) has been convicted of a misdemeanor crime of domestic violence or, after hire as a police officer, has been convicted of any felony, or of a misdemeanor crime listed in 13 AAC 85.010(b)(2);

(2) has, after hire as a police officer,

(A) used marijuana;

(B) illegally used or possessed a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person; or

(3) does not meet the standards in 13 AAC 85.010(a) or (b); or

(4) has been discharged, or resigned under threat of discharge, from employment as a police officer in this state or any other state or territory for conduct that would cause a reasonable person to have substantial doubt about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States or that is detrimental to the integrity of the police department where the police officer worked.

(c) The executive director may act on an application for certification, consistent with standards and qualifications adopted by the council and consistent with AS 18.65.130 - 18.65.290. The executive director may deny an application, or find a police officer job applicant or training applicant ineligible for certification, if the applicant does not satisfy those requirements. An applicant aggrieved by the decision of the executive director may petition for review of that decision by the council. The council will review that decision under AS 44.62 (Administrative Procedure Act).

(d) If a person has been denied a basic certificate under this section, or has been found ineligible for certification as a police officer by the council, the person may petition the council for rescission of the denial after one year following the date of the denial. The petitioner must state in writing the reasons why the denial should be rescinded. A denial may be rescinded for the following reasons:

(1) newly discovered evidence that by due diligence could not have been discovered before the effective date of the denial;

(2) the denial was based on a mistake of fact or law, or on fraudulent evidence; or

(3) conditions or circumstances have changed so that the basis for the denial no longer exists.

(e) If a petition for rescission is based on one or more of the reasons set out in (d) of this section, a hearing on the petition for rescission will be held before a hearing officer or the council. Following the hearing, the council will decide whether to rescind the denial, and will state on the record at the hearing, or in writing, the reasons for the decision. If the denial is rescinded, the petitioner is eligible for hire by a participating police department, but must serve the full probationary period required under 13 AAC 85.040(b)(3) before reapplying for certification.

(f) A personnel action or subsequent personnel action regarding a police officer by the police officer's employer, including a decision resulting from an appeal of the employer's action, does not preclude the council from denying the police officer's basic certificate under this section.

(g) In this section, "discharged" includes a termination initiated by the police officer's employer because the officer does not meet the standards in 13 AAC 85.010(a) or (b).

History

Authority: AS 18.65.220; AS 18.65.240; AS 18.65.270
Eff. 8/10/80, Register 75; am 9/23/84, Register 91; am 8/8/90, Register 115; am 10/24/92, Register 124; am 9/6/96, Register 139; am 7/15/98, Register 147; am 8/8/2007, Register 183; am 9/24/2016, Register 219; am 9/1/2017, Register 223

13 AAC 85.110 Revocation of certificates

(a) The council may revoke a basic, intermediate, or advanced certificate upon a finding that the holder of the certificate

(1) falsified or omitted information required to be provided on an application for certification at any level, or in supporting documents;

(3) does not meet the standards in 13 AAC 85.010(a) or (b).

(b) The council will revoke a basic, intermediate, or advanced certificate upon a finding that the holder of the certificate

(1) has been convicted of a misdemeanor crime of domestic violence or, after hire as a police officer, has been convicted of a felony, or of a misdemeanor crime listed in 13 AAC 85.010(b)(2);

(2) has, after hire as a police officer,

(A) used marijuana;

(B) illegally used or possessed any Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person; or

(3) has been discharged, or resigned under threat of discharge, from employment as a police officer in this state or any other state or territory for conduct that would cause a reasonable person to have substantial doubt about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States or that is detrimental to the integrity of the police department where the police officer worked.

(c) The executive director of the council may initiate proceedings under the Administrative Procedure Act for the revocation of a certificate issued by the council when the revocation complies with AS 18.65.130 - 18.65.290 and 13 AAC 85.005 - 13 AAC 85.120.

(d) If a basic, intermediate, or advanced certificate was revoked under this section, the former police officer may petition the council for rescission of the revocation after one year following the date of the revocation. The petitioner must state in writing the reasons why the revocation should be rescinded. A revocation may be rescinded for the following reasons:

(1) newly discovered evidence that by due diligence could not have been discovered before the effective date of the revocation;

(2) the revocation was based on a mistake of fact or law, or on fraudulent evidence; or

(3) conditions or circumstances have changed so that the basis for the revocation no longer exists.

(e) If a petition for rescission is based on one or more of the reasons set out in (d) of this section, a hearing on the petition for rescission will be held before a hearing officer or the council. Following the hearing, the council will decide whether to rescind the revocation, and will state on the record at the hearing, or in writing, the reasons for the decision. If the revocation is rescinded, the petitioner is eligible for hire by a participating police department, but must serve the full probationary period required under 13 AAC 85.040(b)(3) before applying for reinstatement of a basic, intermediate, or advanced certificate.

(f) A personnel action or subsequent personnel action regarding a police officer by the police officer's employer, including a decision resulting from an appeal of the employer's action, does not preclude the council from revoking the police officer's basic, intermediate, or advanced certificate under this section.

(g) In this section, "discharged" includes a termination initiated by the police officer's employer because the officer does not meet the standards in 13 AAC 85.010(a) or (b).

History

Authority: AS 18.65.220; AS 18.65.240; AS 18.65.270
Eff. 9/23/84, Register 91; am 8/8/90, Register 115; am 10/24/92, Register 124; am 9/6/96, Register 139; am 7/15/98, Register 147; am 8/8/2007, Register 183; am 9/24/2016, Register 219; am 9/1/2017, Register 223

13 AAC 85.115 Effect on police officers of conviction of misdemeanor crime of domestic violence

Notwithstanding 13 AAC 85.010(b)(1), 13 AAC 85.100(b)(1), or 13 AAC 85.110(b)(1), a police department may hire a person, and the council is not required to deny or revoke certification of a person, if the person clearly and convincingly establishes that, in connection with a conviction for a misdemeanor crime of domestic violence, the person

(1) was not represented by counsel and did not, by guilty plea or otherwise, knowingly and intelligently waive the right to counsel;

(2) was entitled to a jury trial, did not receive a jury trial, and did not, by guilty plea or otherwise, knowingly and intelligently waive the right to a jury trial; or

(3) is not currently under any condition of an expungement, conviction set aside, pardon, or restoration of civil rights that expressly provides the person may not ship, transport, possess, or receive firearms, and the conviction

(A) has been expunged or set aside;

(B) is for an offense for which the person has been pardoned; or

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 7/15/98, Register 147

13 AAC 85.120 Lapse of certificates

(a) A basic, intermediate, or advanced certificate lapses if the holder is not employed as a police officer with a police department in this or another state or territory for a period of 12 consecutive months. For purposes of this subsection, "not employed" includes a suspension for disciplinary reasons.

(b) A person may request reinstatement of a lapsed certificate after serving an additional 12-month probationary period. A person shall attend a council-certified recertification academy described in 13 AAC 85.060(a)(4) as a condition of reinstatement if the person's certificate has been lapsed for 12 consecutive months or longer. A certificate expires if it has been lapsed for more than four years.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 9/23/84, Register 91; am 8/5/95, Register 135; am 6/13/2002, Register 162; am 3/31/2005, Register 173; am 9/24/2016, Register 219

13 AAC 85.150 Definitions

Redesignated as 13 AAC 85.900, 8/8/90.

Article 2 Minimum Standards for Probation, Parole, Correctional, and Municipal Correctional Officers

13 AAC 85.200 Applicability

(a) The requirements of 13 AAC 85.200 - 13 AAC 85.280, other than 13 AAC 85.215 and 13 AAC 85.235, apply to probation, parole, and correctional officers hired or rehired by the Department of Corrections on or after February 8, 1991 and those previously hired officers who seek to become certified after August 8, 1990. The requirements of 13 AAC 85.215 and 13 AAC 85.235 do not apply to probational, parole, and correctional officers.

(b) The requirements of 13 AAC 85.215 and 13 AAC 85.235 apply to municipal correctional officers hired or rehired by a municipality on or after October 12, 2001 and those previously hired officers who seek to become certified after April 12, 2001.

(c) The requirements of 13 AAC 85.200 - 13 AAC 85.280, other than 13 AAC 85.210 and 13 AAC 85.230, apply only to municipal correctional officers employed by a municipality that has adopted an ordinance under AS 18.65.285. The requirements of 13 AAC 85.210 and 13 AAC 85.230 do not apply to municipal correctional officers.

History

Authority: Sec. 10, ch. 112,AS 18.65.220; AS 18.65.248 SLA 1988AS 18.65.242; AS 18.65.285
Eff. 8/8/90, Register 115; am 4/12/2001, Register 158

13 AAC 85.210 Basic employment standards for probation, parole, and correctional officers

(a) A person may not be hired as a probation, parole, or correctional officer unless the person meets the following minimum qualifications at the time of hire:

(1) is a citizen of the United States or a United States National;

(2) is 21 years of age or older;

(3) is of good moral character;

(6) has taken the Department of Corrections' psychological screening examination and is mentally capable of performing the essential functions of the job of probation, parole, or correctional officer and is free from any emotional disorder that may adversely affect the person's performance as a probation, parole, or correctional officer.

(b) A person may not be hired as a probation, parole, or correctional officer if that person

(1) has been convicted of any felony or a misdemeanor crime of domestic violence by a civilian court of this state, the United States, or another state or territory, or by a military court;

(2) has been convicted by a civilian court of this state, the United States, or another state or territory, or by a military court, during the 10 years immediately before the date of hire as a probation, parole, or correctional officer, of a crime of dishonesty or crime of moral turpitude, of a crime that resulted in serious physical injury to another person, or of two or more DUI offenses;

(3) has illegally manufactured, transported, or sold a controlled substance, unless the person was under the age of 21 at the time of the act and the act occurred more than 10 years before the date of hire;

(4) within the five years before the date of hire, has illegally used a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless

(A) the person was under the age of 21 at the time of using the controlled substance; or

(B) an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person;

(5) within the one year before the date of hire, has used marijuana, unless the person was under the age of 21 at the time of using marijuana;

(6) has been denied certification, has had the person's basic certificate revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, unless the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.270 or by the responsible certifying agency of the issuing jurisdiction; or

(7) is under suspension of a basic certificate in another jurisdiction, for the period of the suspension, unless the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction.

(c) A person hired as a probation, parole, or correctional officer may not remain employed in that position without written confirmation from the Department of Corrections, submitted within 90 days after the date of hire, that the person meets the standards of (a) and (b) of this section. The council will grant an extension of the 90-day period, upon a written request by the Department of Corrections that explains the reason the extension is necessary, and if the council determines that the person will probably be able to meet the standards by the end of the extension period. If the Department of Corrections concludes at the end of an investigation that a person does not meet the required standards, the person may not continue employment as a probation, parole, or correctional officer and the Department of Corrections shall notify the council on a form provided by the council. For purposes of determining whether a person meets the standards of (a) and (b) of this section,

(1) the following information must be provided:

(A) proof of age, citizenship status, and applicable education;

(B) fingerprints on two copies of FBI Applicant Card FD-258; both cards must be forwarded to the automated fingerprint identification section of the Department of Public Safety;

(D) a complete medical history report of the person; the report must be provided to a licensed physician, advanced practice registered nurse, or physician assistant for use in conducting a physical examination of the person;

(E) information as to whether the person

(i) has been denied certification, has had the person's basic certificate revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, and whether the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.270 or by the responsible certifying agency of the issuing jurisdiction; or

(ii) is under suspension of a basic certificate in another jurisdiction, for the period of the suspension, and whether the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction;

(2) a thorough personal-history investigation of the person must be conducted to determine character traits and habits indicative of moral character and fitness as a probation, parole, or correctional officer; the investigation must include a check of

(A) criminal history;

(B) wants and warrants;

(D) job references from all previous law enforcement or criminal justice system employers in the preceding 10 years; and

(E) at least two personal references; and

(3) the person must take the Department of Corrections' psychological screening examination and the person must undergo an examination by a licensed psychiatrist or psychologist.

(d) All information, documents, and reports provided or developed under (c) of this section must be placed in the permanent files of the Department of Corrections and must be available for examination, at any reasonable time, by representatives of the council. A copy of any criminal record discovered and of the following completed council forms must be sent to the council within 90 days after the date of each hire:

(1) the medical examination report;

(2) the health questionnaire;

(3) the personal history statement;

(4) the psychological screening report;

(5) verification of a psychological or psychiatric examination report; and

(6) the compliance form to record an agency's compliance with (c)(1) - (3) of this section.

(e) A probation, parole, or correctional officer must begin field training, using the Department of Corrections Field Training Manual, immediately after the date the officer is hired. The Field Training Manual must be completed and sent to the council within 12 months after the date the officer began work with the department.

(f) The information in the council's files regarding an applicant or a probation, parole, or correctional officer is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and the regulations adopted under AS 18.65.130 - 18.65.290. However, training records and the documents listed in (c) and (d) of this section relating to an applicant or a probation, parole, or correctional officer may be reviewed by the applicant or officer. Information that indicates that a person might not qualify for certification as an officer, or that adversely reflects upon a person's ability to be a competent officer may be furnished by the council to a correctional agency. An officer or applicant may not review information in the council's files that was supplied to the council with the understanding that the information or the source of the information would remain confidential, except that any information that serves as the basis for a decision to deny or revoke certification will be revealed to the officer or applicant.

(g) If the signature of the officer or applicant is required on a council form, the signature must be under oath or affirmation and must be accompanied by a statement by the officer or applicant that the information supplied is true, to the best of the person's knowledge and acknowledging that the council will use the information on the forms for purposes of determining the applicant's eligibility for employment and certification.

History

Authority: AS 18.65.220; AS 18.65.242; AS 18.65.248
Eff. 8/8/90, Register 115; am 10/24/92, Register 124; am 8/5/95, Register 135; am 7/15/98, Register 147; am 2/20/99, Register 149; am 8/16/2000, Register 155; am 3/25/2001, Register 157; am 4/12/2001, Register 158; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219; am 9/1/2017, Register 223; am 8/28/2020, Register 236

13 AAC 85.215 Basic employment standards for municipal correctional officers

(a) A person may not be hired as a municipal correctional officer unless the person meets the following minimum qualifications at the time of hire:

(1) is a citizen of the United States or a United States National;

(2) is 19 years of age or older;

(3) is of good moral character;

(4) is capable of reading and understanding operational rules and policies, and has demonstrated the ability to apply them;

(6) is mentally and emotionally capable of performing the essential functions of the job of municipal correctional officer and is free from any emotional disorder that may adversely affect the person's performance as a municipal correctional officer.

(b) A person may not be hired as a municipal correctional officer if that person

(1) has been convicted of any felony or a misdemeanor crime of domestic violence by a civilian court of this state, the United States, or another state or territory, or by a military court;

(2) has been convicted by a civilian court of this state, the United States, or another state or territory, or by a military court, during the three years immediately before the date of hire as a municipal correctional officer, of a crime of dishonesty or crime of moral turpitude, of a crime that resulted in serious physical injury to another person, or of two or more DUI offenses;

(3) has been convicted by a civilian court of this state, the United States, or another state or territory, or by a military court, of the sale, manufacture, transport, or possession for purposes of sale, manufacture, or transport of a controlled substance;

(4) within the three years before the date of hire, has illegally used a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless

(A) the person was under the age of 21 at the time of using the controlled substance; or

(5) has been denied certification, has had the person's basic certificate revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, unless the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.270 or by the responsible certifying agency of the issuing jurisdiction; or

(6) is under suspension of a basic certificate in another jurisdiction, for the period of the suspension, unless the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction.

(c) A person hired as a municipal correctional officer may not remain employed in that position without written confirmation from the municipality, submitted within 30 days after the date of hire, that the person meets the standards of (a) and (b) of this section. The council will grant an extension of the 30-day period, upon a written request by the municipality that explains the reason the extension is necessary, and if the council determines that the person will probably be able to meet the standards by the end of the extension period. If a municipality concludes at the end of an investigation that a person does not meet the required standards, the person may not continue employment as a municipal correctional officer. For purposes of determining whether a person meets the standards of (a) and (b) of this section,

(1) the following information must be provided:

(A) proof of age, citizenship status, and applicable education;

(B) fingerprints on two copies of FBI Applicant Card FD-258; both cards must be forwarded to the automated fingerprint identification section of the Department of Public Safety;

(E) information as to whether the person

(2) a thorough personal-history investigation of the person must be conducted to determine character traits and habits indicative of moral character and fitness as a municipal correctional officer; the investigation must include a check of

(A) criminal history;

(B) wants and warrants;

(D) at least two personal references.

(d) All information, documents, and reports provided or developed under (c) of this section must be placed in the permanent files of the municipality and must be available for examination, at any reasonable time, by representatives of the council. A copy of any criminal record discovered and of the following completed council forms must be sent to the council within 30 days after the date of each hire:

(1) the medical examination report;

(2) the health questionnaire;

(3) the personal history statement; and

(4) the compliance form to record an agency's compliance with (c)(1) and (2) of this section.

(e) A municipal correctional officer must begin field training, using the Department of Corrections Municipal Correctional Officers Field Training Manual, immediately after the date the officer is hired. The Municipal Correctional Officers Field Training Manual must be completed and sent to the council within six months after the date the officer began work with the municipality.

(f) Except if the employing municipality by ordinance makes that information public, the information in the council's files regarding an applicant or a municipal correctional officer is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and 13 AAC 85.200 - 13 AAC 85.280. However, training records and the documents listed in (c) and (d) of this section relating to an applicant or a municipal correctional officer may be reviewed by the applicant or the officer. Information that indicates that a person might not qualify for certification as an officer, or that adversely reflects upon a person's ability to be a competent officer may be furnished by the council to a correctional agency. An officer or applicant may not review information in the council's files that was supplied to the council with the understanding that the information or the source of the information would remain confidential, except that any information that serves as the basis for a decision to deny or revoke certification will be revealed to the officer or applicant.

History

Authority: AS 18.65.220; AS 18.65.248 AS 18.65.242; AS 18.65.285
Eff. 4/12/2001, Register 158; am 6/13/2002, Register 162; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219; am 8/28/2020, Register 236

13 AAC 85.220 Permanent employment for probation, parole, correctional, and municipal correctional officers

(a) A person may not be granted permanent status as a

(1) probation, parole, or correctional officer unless the person has a current basic certificate issued by the council under 13 AAC 85.230; or

(2) municipal correctional officer unless the person has a current basic certificate issued by the council under 13 AAC 85.235.

(b) Unless an extension is granted under (c) of this section, a person may not be employed for more than 14 consecutive months as a

(1) probation, parole, or correctional officer without a current basic certificate issued by the council under 13 AAC 85.230; or

(2) municipal correctional officer without a current basic certificate issued by the council under 13 AAC 85.235.

(c) The council will grant an extension for employment for longer than 14 months if the chief administrative officer of the correctional agency makes a written request for extension. Additionally, an extension will be granted to allow an officer to complete the necessary training if the written request for extension states that the officer is unable to do so in the first 14 months of employment because of illness, injury, or family emergency. An extension may not exceed six months.

History

Authority: AS 18.65.220; AS 18.65.248 AS 18.65.242; AS 18.65.285
Eff. 8/8/90, Register 115; am 8/16/2000, Register 155; am 4/12/2001, Register 158

13 AAC 85.230 Basic, intermediate, and advanced certificates for probation, parole, and correctional officers

(a) The council will issue a basic certificate to a probation, parole, or correctional officer meeting the standards set out in this section. No certificate will be issued unless documents required under 13 AAC 85.210 are submitted to the council.

(b) To be eligible for the award of a basic correctional officer certificate, an applicant must

(1) successfully complete the Department of Corrections basic correctional officer training program meeting the standards set out in 13 AAC 87.010 and field training required by 13 AAC 85.210;

(2) be a full-time, paid correctional officer of a correctional agency in Alaska;

(3) have worked 12 consecutive months as a correctional officer on a probationary status with the correctional agency where the applicant is employed at the time of application for certification;

(4) meet the basic employment standards set out in 13 AAC 85.210; and

(5) attest and subscribe to the correctional, probation, and parole officer Code of Ethics.

(1) successfully complete the Department of Corrections basic probation and parole officer training program meeting the standards set out in 13 AAC 87.010 and field training required by 13 AAC 85.210;

(2) be a full-time, paid probation or parole officer of the Department of Corrections;

(3) have worked 12 consecutive months on a probationary status with the Department of Corrections as a probation or parole officer;

(4) meet the basic employment standards set out in 13 AAC 85.210; and

(5) attest and subscribe to the correctional, probation, and parole officer Code of Ethics.

(d) The correctional, probation, and parole officer Code of Ethics is:

As a correctional, probation, or parole officer, my fundamental duty is to respect the dignity and individuality of all people, to provide professional and compassionate service, and to be unfailingly honest. I will not discriminate against any person on the basis of race, religion, color, national origin, sex, age, physical or mental disability, marital status, changes in marital status, or pregnancy or parenthood, and will respect and protect the civil and legal rights of all inmates, probationers, and parolees. I will respect the right of the public to be safeguarded from criminal activity, and will be diligent in recording and making available for review all case information that could contribute to sound decisions affecting the public safety, or an inmate, probationer, or parolee. I will maintain the integrity of private information, and will neither seek personal data beyond that needed to perform my duties, nor reveal case information to anyone not having a proper professional use for the information. In making public statements, I will clearly distinguish between those that are my personal views and those that are made on behalf of the agency. I will not use my official position to secure privileges or advantages for myself, and will not accept any gift or favor that implies an obligation inconsistent with the objective exercise of my professional duties. I will not act in my official capacity in any matter in which I have a personal interest that could in the least degree impair my objectivity. I will not engage in undue familiarity with inmates, probationers, or parolees. I will report any corrupt or unethical behavior of a fellow correctional, probation, or parole officer that could affect either an inmate, probationer, or parolee, or the integrity of the agency, but will not make statements critical of colleagues or other criminal justice agencies unless the underlying facts are verifiable. I will respect the importance of, and cooperate with, all elements of the criminal justice system, and will develop relationships with colleagues to promote mutual respect for the profession and improvement of the quality of service provided.

(e) The council will recognize college credits or degrees awarded by an institution of higher learning towards satisfaction, in whole or in part, of the minimum number of hours required under 13 AAC 87.060 (a), if

(1) those credits or degrees are shown, to the council's satisfaction, to provide instruction in subject areas described in 13 AAC 87.060 that is substantially equivalent to a training program that has received certification under 13 AAC 87.010; and

(2) the institution is accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.

(f) To be eligible for an intermediate probation, parole, or correctional officer certificate, an applicant must

(1) be a full-time paid probation, parole, or correctional officer in this state;

(2) possess a basic certificate; and

(3) have acquired, subject to (j) and (k) of this section, either or both of the following:

(A) the following minimum number of years of experience as a probation, parole, or correctional officer, minimum education points, and minimum training hours:

Minimum years of

experiencetwoFourfivesixMinimum

education points in

college creditBachelor of arts

(B.A.) or bachelor

of science (B.S.)

degreeAssociate of arts

(A.A.) or associate

of science (A.S.)

degree45NoneMinimum training

hours4080100120

(B) seven or more years of experience as an officer and a minimum of 20 training hours for each year of probation, parole, or correctional officer experience.

(g) To be eligible for an advanced certificate, an applicant must

(1) be a full-time paid probation, parole, or correctional officer in this state;

(2) possess a basic and intermediate certificate; and

(3) have acquired, subject to (j) and (k) of this section, either or both of the following:

(A) the following minimum number of years of experience as a probation, parole, or correctional officer, minimum education points, and minimum training hours:

Minimum

years of

experienceFourSixNine1113Minimum

education

points in

college creditMaster's

degreeBachelor of arts

(B.A.) or

bachelor of

science (B.S.)

degreeAssociate of arts

(A.A.) or associate

of science (A.S.)

degree45NoneMinimum

training hours4080140180220

(B) 14 or more years of experience as an officer and a minimum of 20 training hours for each year of probation, parole, or correctional officer experience.

(h) College credits or degrees awarded by an institution of higher learning accredited by a regional or national accrediting agency recognized by the United States Secretary of Education will be recognized by the council. College credits awarded for advanced, supervisory, management, executive, or specialized law enforcement courses may be recognized by the council for either training or education points. Education points will be awarded on the following basis:

(1) one-quarter college credit equals two-thirds of an education point;

(2) one semester college credit equals one education point.

(i) All training must be documented, and the course must have been completed successfully by the applicant.

(j) After a basic certificate is awarded, an officer must achieve the prescribed training hours toward the next level of certification. After an intermediate certificate is awarded, an officer must achieve the prescribed training hours for an advanced certificate. The officer may not count the same hours toward each subsequent level of certification.

(k) Hours earned while attending a basic academy may not be applied to the requirements under (f) and (g) of this section.

History

Authority: AS 18.65.220; AS 18.65.242; AS 18.65.248
Eff. 8/8/90, Register 115; am 6/13/2002, Register 162; am 9/24/2016, Register 219; am 4/6/2018, Register 226; am 1/19/2025, Register 253

13 AAC 85.232 Supervisory and management certification for probation, parole, and correctional officers

(b) To be eligible for a supervisory certificate, an applicant must:

(1) be a full-time paid probation, parole, or correctional officer in this state;

(2) possess an intermediate or advanced certificate;

(3) have directly supervised at least one other public safety employee for at least 12 months;

(4) have successfully completed council approved supervisor training consisting of at least 80 hours of instruction; and

(5) have completed at least 40 hours of additional council approved training in addition to those previously relied upon for intermediate or advanced officer certification.

(1) be a full-time paid probation, parole, or correctional officer in this state;

(2) possess a supervisory certificate;

(3) have directly supervised at least one first-line supervisor for at least 12 months;

(4) have successfully completed council approved management level training consisting of at least 80 hours of instruction; and

(5) have completed at least 40 hours of additional council approved training in addition to those previously relied upon for prior certification.

History

Authority: AS 18.65.220; AS 18.65.242
Eff. 1/19/2025, Register 253

13 AAC 85.235 Basic, intermediate, and advanced certificates for municipal correctional officers

(a) The council will issue a basic certificate to a municipal correctional officer meeting the standards set out in this section. The council will not issue a certificate unless documents required under 13 AAC 85.215 are submitted to the council.

(b) To be eligible for the award of a basic municipal correctional officer certificate, an applicant must

(1) successfully complete the Department of Corrections basic municipal correctional officer training program meeting the standards set out in 13 AAC 87.010 and field training required by 13 AAC 85.215;

(2) be a full time, paid municipal correctional officer employed by a correctional agency in the state;

(3) have worked 12 consecutive months as a municipal correctional officer on a probationary status with the municipality where the applicant is employed at the time of application for certification;

(4) meet the minimum employment standards set out in 13 AAC 85.215; and

(5) attest and subscribe to the municipal correctional officer Code of Ethics.

(c) The municipal correctional officer Code of Ethics is: As a municipal correctional officer, my fundamental duty is to respect the dignity and individuality of all people, to provide professional and compassionate service, and to be unfailingly honest. I will respect the right of the public to be safeguarded from criminal activity, and will be diligent in recording and making available for review all case information that could contribute to sound decisions affecting the public safety, or an inmate. I will not unlawfully discriminate against any person on the basis of race, religion, color, national origin, gender, sexual orientation, age, physical or mental disability, marital status, changes in marital status, or pregnancy or parenthood, and will respect the civil and legal rights of all inmates. I will maintain the integrity of private information, and will neither seek personal data beyond that needed to perform my duties, nor reveal case information to anyone not having a proper professional use for the information. In making public statements, I will clearly distinguish between those that are my personal views and those that are made on behalf of the agency. I will not use my official position to secure privileges or advantages for myself, and will not accept any gift or favor that implies an obligation inconsistent with the objective exercise of my professional duties. I will not act in my official capacity in any matter in which I have a personal interest that could in the least degree impair my objectivity. I will not engage in undue familiarity with inmates. I will report any corrupt or unethical behavior of a fellow municipal correctional officer that could affect either an inmate or the integrity of the agency, but will not make statements critical of colleagues or other criminal justice agencies unless the underlying facts are verifiable. I will respect the importance of, and cooperate with, all elements of the criminal justice system, and will develop relationships with colleagues to promote mutual respect for the profession and improvement of the quality of service provided.

(d) The council will recognize college credits or degrees awarded by an institution of higher learning towards satisfaction, in whole or in part, of the minimum number of hours required under 13 AAC 87.080 (a), if

(1) those credits or degrees are shown, to the council's satisfaction, to provide instruction in subject areas described in 13 AAC 87.080 that is substantially equivalent to the instruction required as part of a municipal correctional officer training program that has received certification under 13 AAC 87.010; and

(2) the institution is accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.

(e) To be eligible for an intermediate certificate, an applicant must

(1) be a full-time paid municipal correctional officer in this state;

(2) possess a basic certificate; and

(3) have acquired, subject to (i) and (j) of this section, either or both of the following:

(A) the following minimum number of years of experience as a municipal correctional officer, minimum education points, and minimum training hours:

Minimum years of

experiencetwoFourFivesixMinimum

education points in

college creditBachelor of arts

(B.A.) or bachelor

of science (B.S.)

degreeAssociate of arts

(A.A.) or associate

of science (A.S.)

degree45NoneMinimum training

hours4080100120

(B) seven or more years of experience as a municipal correctional officer and a minimum of 20 training hours for each year of officer experience.

(f) To be eligible for an advanced certificate, an applicant must

(1) be a full-time paid municipal correctional officer in this state;

(2) possess a basic and intermediate certificate; and

(3) have acquired, subject to (i) and (j) of this section, either or both of the following:

(A) the following minimum number of years of experience as a municipal correctional officer, minimum education points, and minimum training hours:

Minimum

years of

experienceFourSixNine1113Minimum

education

points in

college creditMaster's

degreeBachelor of arts

(B.A.) or

bachelor of

science (B.S.)

degreeAssociate of arts

(A.A.) or associate

of science (A.S.)

degree45NoneMinimum

training hours4080140180220

(B) 14 or more years of experience as a municipal correctional officer and a minimum of 20 training hours for each year of officer experience.

(g) College credits or degrees awarded by an institution of higher learning accredited by a regional or national accrediting agency recognized by the United States Secretary of Education will be recognized by the council. College credits awarded for advanced, supervisory, management, executive, or specialized law enforcement courses may be recognized by the council for either training or education points. Education points will be awarded on the following basis:

(1) one quarter college credit equals two-thirds of an education point;

(2) one semester college credit equals one education point.

(h) All training must be documented, and the course must have been completed successfully by the applicant.

(i) After a basic certificate is awarded, an officer must achieve the prescribed training hours toward the next level of certification. After an intermediate certificate is awarded, an officer must achieve the prescribed training hours for an advanced certificate. The officer may not count the same hours toward each subsequent level of certification.

(j) Hours earned while attending a basic academy may not be applied to the requirements under (e) and (f) this section.

History

Authority: AS 18.65.220; AS 18.65.248 AS 18.65.242; AS 18.65.285
Eff. 4/12/2001, Register 158; am 6/13/2002, Register 162; am 9/24/2016, Register 219; am 4/6/2018, Register 226; am 1/19/2025, Register 253

13 AAC 85.237 Supervisory and management certification for municipal correctional officers

(b) To be eligible for a supervisory certificate, an applicant must:

(1) be a full-time paid municipal correctional officer in this state;

(2) possess an intermediate or advanced certificate;

(3) have directly supervised at least one other public safety employee for at least 12 months;

(4) have successfully completed council approved supervisor training consisting of at least 80 hours of instruction; and

(5) have completed at least 40 hours of additional council approved training in addition to those previously relied upon for intermediate or advanced officer certification.

(1) be a full-time paid municipal correctional officer in this state;

(2) possess a supervisory certificate;

(3) have directly supervised at least one first-line supervisor for at least 12 months;

(4) have successfully completed council approved management level training consisting of at least 80 hours of instruction; and

(5) have completed at least 40 hours of additional council approved training in addition to those previously relied upon for prior certification.

History

Authority: AS 18.65.220; AS 18.65.242
Eff. 1/19/2025, Register 253

13 AAC 85.240 Waiver and reciprocity

(a) The council may waive part or all of the training required under 13 AAC 85.230(b)(1) or (c)(1) or 13 AAC 85.235(b)(1) if an applicant furnishes evidence to the council's satisfaction of successful completion of an equivalent training program.

(b) The council may enter into reciprocity agreements for certification with states that regulate or supervise the quality of probation, parole, correctional, or municipal correctional officer training and that require training standards for probation, parole, correctional, or municipal correctional officers equivalent to the standards set by the council.

(c) Notwithstanding (a) of this section, the council will not grant a waiver if the applicant was previously issued a certificate that lapsed more than five years before the waiver was sought.

History

Authority: AS 18.65.220; AS 18.65.248 AS 18.65.242; AS 18.65.285
Eff. 8/8/90, Register 115; am 8/5/95, Register 135; am 4/12/2001, Register 158; am 3/31/2005, Register 173; am 9/24/2016, Register 219

13 AAC 85.250 Personnel reports for probation, parole, correctional, and municipal correctional officers

(a) Within 30 days after the date that a probation, parole, correctional, or municipal correctional officer is appointed by a correctional agency, the correctional agency shall notify the council in writing, on a form provided by the council, of the appointment of the officer.

(b) A correctional agency shall notify the council within 30 days after the date that a probation, parole, correctional, or municipal correctional officer is no longer employed by the correctional agency. The notification to the council must state the reason the person is no longer employed as an officer by the correctional agency, including layoff of the officer, death of the officer, termination of the officer by the agency, or the officer's voluntary resignation. If the reason for the termination of employment is the voluntary resignation of the officer, the correctional agency must disclose in the notification if the resignation was to avoid an adverse action by the correctional agency. The correctional agency must also disclose in the notification if any resignation or termination involved a finding or allegation of dishonesty, misconduct, or a lack of good moral character.

(d) Within 30 days after the allegation being sustained by administrative review, a correctional agency shall notify the council of an allegation of misconduct by an officer employed by that agency if the misconduct alleged may be cause for revocation under 13 AAC 85.270.

History

Authority: AS 18.65.220; AS 18.65.248 AS 18.65.245; AS 18.65.285
Eff. 8/8/90, Register 115; am 4/12/2001, Register 158; am 8/8/2007, Register 183; am 9/24/2016, Register 219; am 6/17/2020, Register 234

13 AAC 85.260 Determination of ineligibility and denial of certificate

(a) The council may deny a basic certificate or find a probation, parole, correctional, or municipal correctional officer job applicant ineligible for certification upon a finding that the applicant

(1) falsified or omitted information required to be provided on the application for certification or on supporting documents; or

(2) has been discharged, or resigned under threat of discharge, from employment as a probation, parole, correctional, or municipal correctional officer in this state or any other state or territory for inefficiency, incompetence, or some other reason that adversely affects the ability and fitness of the officer to perform job duties or that is detrimental to the reputation, integrity, or discipline of the correctional agency where the officer worked.

(b) The council will deny a basic certificate or find a probation, parole, correctional, or municipal correctional officer job applicant ineligible for certification upon a finding that the applicant

(1) has been convicted of a misdemeanor crime of domestic violence or, after hire as a

(A) probation, parole, or correctional officer, has been convicted of any felony, or of a misdemeanor crime listed in 13 AAC 85.210(b)(2); or

(B) municipal correctional officer, has been convicted of any felony, or of a misdemeanor crime listed in 13 AAC 85.215(b)(2) or (3);

(2) has, after hire as a probation, parole, correctional, or municipal correctional officer,

(A) used marijuana;

(3) does not meet the standards in 13 AAC 85.210;

(4) does not meet the standards in 13 AAC 85.215; or

(5) has been discharged, or resigned under threat of discharge, from employment as a probation, parole, correctional, or municipal correctional officer in this state or any other state or territory for conduct that would cause a reasonable person to have substantial doubt about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States or that is detrimental to the integrity of the correctional agency where the officer worked.

(c) The executive director may act on an application for certification, consistent with standards and qualifications adopted by the council and consistent with AS 18.65.130 - 18.65.290. The executive director may deny an application or find a probation, parole, correctional, or municipal correctional officer job applicant ineligible for certification, if the applicant does not satisfy those requirements. An applicant aggrieved by the decision of the executive director may petition for review of that decision by the council. The council will review that decision under AS 44.62 (Administrative Procedure Act).

(d) If a person has been denied a basic certificate or found to be ineligible for certification under this section, the person may petition the council for rescission of the denial after one year following the date of the denial. The petitioner must state in writing the reasons why the denial should be rescinded. A denial may be rescinded for the following reasons:

(1) newly discovered evidence that by due diligence could not have been discovered before the effective date of the denial;

(2) the denial was based on a mistake of fact or law, or on fraudulent evidence; or

(3) conditions or circumstances have changed so that the basis for the denial no longer exists.

(e) If a petition for rescission is based on one or more of the reasons set out in (d) of this section, a hearing on the petition for rescission will be held before a hearing officer or the council. Following the hearing, the council will decide whether to rescind the denial, and will state on the record at the hearing, or in writing, the reasons for the decision. If the denial is rescinded, the applicant is eligible for hire by a correctional agency, but must serve the full probationary period required under 13 AAC 85.230 or 13 AAC 85.235, as applicable, before reapplying for certification.

(f) A personnel action or subsequent personnel action regarding a probation, parole, correctional, or municipal correctional officer by the officer's employer, including a decision resulting from an appeal of the employer's action, does not preclude the council from denying the officer's basic certificate under this section.

(g) In this section, "discharged" includes a termination initiated by the probation, parole, correctional, or municipal correctional officer's employer because the officer does not meet the standards in 13 AAC 85.210(a) or (b).

History

Authority: AS 18.65.220; AS 18.65.245; AS 18.65.270 AS 18.65.242; AS 18.65.248; AS 18.65.285
Eff. 8/8/90, Register 115; am 10/24/92, Register 124; am 9/6/96, Register 139; am 7/15/98, Register 147; am 4/12/2001, Register 158; am 8/8/2007, Register 183; am 9/24/2016, Register 219; am 9/1/2017, Register 223

13 AAC 85.270 Revocation of certificate

(a) The council may revoke a basic certificate upon a finding that the holder of the certificate

(1) falsified or omitted information required to be provided on an application for certification, or in supporting documents;

(3) is a probation, parole, or correctional officer and does not meet the standards in 13 AAC 85.210(a) or (b); or

(4) is a municipal correctional officer and does not meet the standards in 13 AAC 85.215(a) or (b).

(b) The council will revoke a basic certificate upon a finding that the holder of the certificate

(1) has been convicted of a misdemeanor crime of domestic violence or, after hire as a

(A) probation, parole, or correctional officer, has been convicted of any felony, or of a misdemeanor crime listed in 13 AAC 85.210(b)(2); or

(B) municipal correctional officer, has been convicted of any felony, or of a misdemeanor crime listed in 13 AAC 85.215(b)(2) or (3);

(2) has, after hire as a probation, parole, correctional, or municipal correctional officer,

(A) used marijuana;

(3) has been discharged, or resigned under threat of discharge, from employment as a probation, parole, correctional, or municipal correctional officer in this state or any other state or territory for conduct that would cause a reasonable person to have substantial doubt about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States or that is detrimental to the integrity of the correctional agency where the officer worked.

(d) If a basic certificate was revoked under this section, the former probation, parole, correctional, or municipal correctional officer may petition the council for rescission of the revocation after one year following the date of the revocation. The petitioner must state in writing the reasons why the revocation should be rescinded. The council may rescind a revocation for the following reasons:

(1) newly discovered evidence that by due diligence could not have been discovered before the effective date of the revocation;

(2) the revocation was based on a mistake of fact or law, or on fraudulent evidence; or

(3) conditions or circumstances have changed so that the basis for the revocation no longer exists.

(e) If a petition for rescission is based on one or more of the reasons set out in (d) of this section, a hearing on the petition for rescission will be held before a hearing officer or the council. Following the hearing, the council will decide whether to rescind the revocation, and will state on the record at the hearing, or in writing, the reasons for the decision. If the revocation is rescinded, the petitioner is eligible for hire by a correctional agency, but must serve the full probationary period required under 13 AAC 85.230 or 13 AAC 85.235, as applicable, before applying for reinstatement of a basic certificate.

(f) A personnel action or subsequent personnel action regarding a probation, parole, correctional, or municipal correctional officer by the officer's employer, including a decision resulting from an appeal of the employer's action, does not preclude the council from revoking the officer's basic certificate under this section.

History

Authority: AS 18.65.220; AS 18.65.245; AS 18.65.270 AS 18.65.242; AS 18.65.248; AS 18.65.285
Eff. 8/8/90, Register 115; am 10/24/92, Register 124; am 9/6/96, Register 139; am 7/15/98, Register 147; am 4/12/2001, Register 158; am 8/8/2007, Register 183; am 9/24/2016, Register 219; am 9/1/2017, Register 223

13 AAC 85.275 Effect on probation, parole, correctional, and municipal correctional officers of conviction of misdemeanor crime of domestic violence

Notwithstanding 13 AAC 85.210(b)(1), 13 AAC 85.215(b)(1), 13 AAC 85.260(b)(1), or 13 AAC 85.270(b)(1), a person may be hired, and the council is not required to deny or revoke certification of a person, if the person clearly and convincingly establishes that, in connection with a conviction for a misdemeanor crime of domestic violence, the person

(1) was not represented by counsel and did not, by guilty plea or otherwise, knowingly and intelligently waive the right to counsel;

(2) was entitled to a jury trial, did not receive a jury trial, and did not, by guilty plea or otherwise, knowingly and intelligently waive the right to a jury trial; or

(A) has been expunged or set aside;

(B) is for an offense for which the person has been pardoned; or

History

Authority: AS 18.65.220; AS 18.65.242
Eff. 7/15/98, Register 147; am 4/12/2001, Register 158

13 AAC 85.280 Lapse of certificates

(a) A basic certificate lapses if the holder is not employed as a probation, parole, correctional, or municipal correctional officer with a correctional agency for a period of 12 consecutive months. For purposes of this subsection, "not employed" includes a suspension for disciplinary reasons.

(b) A person may request reinstatement of a lapsed certificate after serving an additional 12-month probationary period. The council may require supplemental training as a condition of reinstatement. A certificate expires if it has been lapsed for more than four years.

History

Authority: AS 18.65.220; AS 18.65.248 AS 18.65.242; AS 18.65.285
Eff. 8/8/90, Register 115; am 8/5/95, Register 135; am 4/12/2001, Register 158; am 6/13/2002, Register 162; am 3/31/2005, Register 173; am 9/24/2016, Register 219

Article 3 Definitions

13 AAC 85.900 Definitions

In this chapter,

(1) "controlled substance" means a controlled substance as defined in AS 11.71.900;

(2) "correctional agency" means the Department of Corrections or a municipality that has adopted an ordinance under AS 18.65.285 that requires a person employed at a municipal correctional facility to meet the requirements of AS 18.65.130 - 18.65.290;

(3) "correctional officer" has the meaning given in AS 18.65.290;

(4) "council" means the Alaska Police Standards Council;

(5) "felony" means a crime classified as a felony in Alaska at the time the crime was committed; a conviction in another jurisdiction by a civilian or military court is a felony conviction if the crime has elements similar to those of a felony under Alaska law at the time the offense was committed; a completed suspended imposition of sentence, expungement of record, or a pardon does not remove a felony conviction from a person's record;

(6) repealed 8/8/2007;

(7) "good moral character" means the absence of acts or conduct that would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States; for purposes of this standard, a determination of lack of "good moral character" may be based upon a consideration of all aspects of a person's character;

(8) "imitation controlled substance" means an imitation controlled substance as defined in AS 11.73.099;

(9) "misdemeanor" means a crime classified as a misdemeanor in Alaska at the time the crime was committed; a crime committed in another jurisdiction for which there was a conviction in that jurisdiction by a civilian or military court is a misdemeanor conviction if the crime has elements similar to those of a misdemeanor under Alaska law at the time the offense was committed; for purposes of determining whether, under this paragraph, a crime is to be considered a misdemeanor or whether a conviction is to be considered a misdemeanor conviction, an offense punishable as a misdemeanor in Alaska or under the law of another jurisdiction that results in a completed suspended imposition of sentence, expungement of record, or a pardon is a misdemeanor conviction unless the offense was committed by the person before the age of 21;

(10) repealed 8/8/2007;

(11) "parole officer" has the meaning given in AS 18.65.290;

(12) "participating police department" includes the Alaska Department of Public Safety and a police department of any political subdivision of the state that has not excluded itself under the provision of AS 18.65.280(b);

(13) "police department" means a civil force of police officers organized by the state or a political subdivision of the state whose basic purpose and function is to maintain peace and order and to prevent and investigate criminal offenses;

(14) "probation officer"

(A) has the meaning given in AS 18.65.290;

(B) includes a person who performs the duties of a pretrial services officer under AS 33.07 and whose Department of Corrections job classification is probation officer;

(15) "probationary period" means employment as a police, probation, parole, correctional, or municipal correctional officer for a period of 12 consecutive months with a single police department or a single correctional agency; separation of less than 91 consecutive days will be considered unbroken;

(16) "serious physical injury" means serious physical injury as defined in AS 11.81.900;

(17) "undue familiarity" means developing, or attempting to develop, an intimate, personal, or financial relationship, or otherwise failing to maintain an appropriate professional relationship;

(18) "DUI offense" means an offense under AS 28.35.030 or another law or ordinance with substantially similar elements, or an offense of refusal to submit to a chemical test under AS 28.35.032 or another law or ordinance with substantially similar elements;

(19) repealed 8/8/2007;

(20) "crime of domestic violence" has the meaning given in AS 18.66.990;

(21) "criminal justice activity" has the meaning given in AS 12.62.900;

(22) "deadly weapon" has the meaning given in AS 11.81.900(b);

(23) "expunged" means that the central repository for criminal history records, in the jurisdiction in which a conviction was issued, has destroyed or sealed the record of conviction so that the record is not available for dissemination for any criminal justice activity;

(24) "force" has the meaning given in AS 11.81.900(b);

(25) "jurisdiction" means a state, territory, or commonwealth of the United States;

(26) "municipal correctional officer" has the meaning given in AS 18.65.290;

(27) "crime of dishonesty" means a crime under AS 11.46, or a crime under a similar statute or ordinance of this state or another jurisdiction;

(28) "crime of moral turpitude" means a felony and any other crime that contains reckless, knowing, or intentional as the culpable mental element;

(29) "surrendered" means to have voluntarily relinquished a certificate issued under AS 18.65 and this chapter, or a similar provision of the law of the issuing jurisdiction, to avoid possible revocation of the certificate;

(30) "public safety employee" means a full-time employee of a participating police department or correctional agency.

History

Authority: AS 18.65.220; AS 18.65.242; AS 18.65.290 AS 18.65.240; AS 18.65.285
Eff. 8/10/73, Register 47; am 8/10/80, Register 75; am 9/23/84, Register 91; am 3/16/89, Register 109; am 8/8/90, Register 115; am 10/24/92, Register 124; am 9/6/96, Register 139; am 7/15/98, Register 147; am 3/25/2001, Register 157; am 4/12/2001, Register 158; am 6/13/2002, Register 162; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219; am 4/6/2018, Register 226; am 6/17/2020, Register 234; am 1/19/2025, Register 253

Chapter 87 Certification of Law Enforcement Training Programs and Instructors

Article 1 Certification of Training Programs

13 AAC 87.010 Certification of basic training programs

(a) An institution or government agency that offers a program of instruction in basic law enforcement subjects that meets the requirements of the classroom phase of the basic program provided for in 13 AAC 85.050(a) and (b), 13 AAC 87.060, 13 AAC 87.080, or 13 AAC 89.040, and to qualify students for a police officer basic certificate under 13 AAC 85.040(b), a probation, parole, or correctional officer certificate under 13 AAC 85.230, a municipal correctional officer certificate under 13 AAC 85.235, or a village police officer certificate under 13 AAC 89.030, shall apply for certification by the council and shall comply with the requirements of this chapter.

(b) An application for certification under this section shall be submitted on a form prescribed by the council and must be accompanied by the following information, where applicable:

(1) the name of the institution or government agency, its governing body, and its instructors;

(2) institution or government agency policy and regulations with respect to leave, absences, class cuts, make-up work, tardiness, and interruptions for unsatisfactory attendance;

(3) institution or government agency policy and regulations with respect to standards of progress required of students, including the policy or regulation setting out the grading system of the institution or government agency, the minimum grades considered satisfactory, conditions requiring interruption of training for unsatisfactory grades or progress, the probationary period, if any, allowed by the institution or government agency, and conditions of re-entrance for those students dismissed for unsatisfactory progress;

(4) institution or government agency policy and regulations relating to student conduct and conditions for dismissal for unsatisfactory conduct;

(5) a detailed schedule of fees, charges for tuition, books, supplies, tools, student activities, service charges, rentals, deposits, and all other charges;

(6) a description of the available space, facilities, and equipment; and

(7) an outline for each course which is part of the program, describing the content, skill to be achieved, and approximate classroom hours to be spent on each topic.

(c) The council may approve an institution or government agency's application for certification of a program of instruction as meeting the requirements of the basic program provided for in 13 AAC 85.050(a) and (b), 13 AAC 87.060, 13 AAC 87.080, or 13 AAC 89.040, if the institution or government agency and the program meet the following criteria, where applicable:

(1) the courses, curriculum, and instruction are adequate in content, quality, and length to provide students with the education and training necessary to become successful, knowledgeable, and effective officers;

(2) the program of instruction meets the requirements of 13 AAC 85.050(a) and (b), 13 AAC 87.060, 13 AAC 87.080, or 13 AAC 89.040;

(3) the institution or government agency has adequate space, equipment, instructional materials, and instructor personnel to provide training of good quality;

(4) the directors and administrators have adequate training and experience, and the instructors are certified under 13 AAC 87.040;

(5) a copy of the program outline, schedule of tuition, fees and other charges, regulations pertaining to absences, grading policy, and rules of operation and conduct are furnished to students upon enrollment;

(6) adequate records are kept to show attendance and progress or grades, and satisfactory standards relating to attendance, progress, and conduct are enforced;

(7) written examinations are required of each student in those courses for which written examinations are appropriate, and practical tests are required in those courses such as firearms training where practical tests are appropriate;

(8) the institution or government agency gives its students, upon successful completion of the program, a certificate indicating that the program of instruction was satisfactorily completed;

(9) a certificate of successful completion is not awarded by the institution or government agency except in compliance with 13 AAC 85.050(c), 13 AAC 87.060(c), 13 AAC 87.080(b), or 13 AAC 89.040(b);

(10) the institution or government agency is financially sound and capable of fulfilling its commitments for training; and

(11) the institution or government agency furnishes the council, not later than seven days after the completion of each program, a roster of those students who attended; the roster must show the full name, rank, department, and examination scores for each student who attended the program, and must be signed by the institution director or coordinator.

(d) An institution or government agency is subject to periodic inspection by the council or its representatives to assure compliance with this section.

History

Authority: AS 18.65.220; AS 18.65.240; AS 18.65.260
Eff. 8/10/73, Register 47; am 10/18/81, Register 80; am 8/8/90, Register 115; am 4/6/2018, Register 226

13 AAC 87.020 Certification of other training programs

(a) The council may certify programs of instruction designed to provide officers with continuing education and training in supervisory, mid-management, executive, specialized, and in-service subjects.

(b) An application by an institution or government agency for certification of a program of instruction under this section must be submitted on a form prescribed by the council and must be accompanied by the information specified in 13 AAC 87.010(b)(1) - (7).

(c) The council may approve the application of an institution or government agency for certification of a program of instruction, if the program meets the following criteria:

(1) the courses, curriculum and instruction are adequate in content, quality and length to satisfy one or more of the purposes specified in (a) of this section;

(2) the institution or government agency and the program are in compliance with the requirements of 13 AAC 87.010.

(d) The institution or government agency shall be subject to periodic inspection by the council or its representatives to assure compliance with this section.

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.240
Eff. 8/10/73, Register 47; am 10/18/81, Register 80; am 4/6/2018, Register 226

13 AAC 87.030 Financial assistance

(a) The council will not give financial assistance to an institution or government agency for a training program unless the program is certified by the council under this chapter or the program is certified by a nationally recognized certifying body.

(b) The council will not give financial assistance to an institution or government agency for a training program unless it is made available to all qualified officers, except that the agency or institution may limit class size. An agency or institution of the state or a municipality that maintains a training program primarily for training its own officers may give preference to its own officers in enrollment.

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.260
Eff. 8/10/73, Register 47; am 10/18/81, Register 80; am 4/6/2018, Register 226

13 AAC 87.040 Certification of instructors

(a) The council will certify instructors considered qualified to teach in one or more of the prescribed training courses on the basis of the standards provided in this section.

(b) Instructors are eligible for certification if they meet the following minimum qualifications in the areas of education, training, and experience:

(1) a person applying for certification to teach law enforcement subjects, including patrol, investigation, corrections, or the use of firearms must have

(A) a high school diploma or its equivalent;

(B) three years' experience in a public safety-related field;

(D) 40 hours of instructor development training approved by the council, including training in the areas of communication, psychology of learning, techniques of instruction, use of instructional aids, preparation and use of lesson plans, preparing and administering tests, teaching resources, and motivation; and

(E) a recommendation by the director of a training program certified by the council under 13 AAC 87.010 or 13 AAC 87.020, or by the applicant's government law enforcement agency head;

(2) a person applying for certification to teach general subjects, including management, human relations, or administration, must have

(A) a baccalaureate degree;

(B) three years' experience in the subject to be taught; and

(C) a recommendation by the law enforcement government agency head or the director of a training program certified by the council under 13 AAC 87.010 or 13 AAC 87.020.

(c) The council may, upon written application, waive any part of the requirements of (b) of this section if it finds that a person, although not meeting all of the eligibility requirements, is otherwise qualified to be an instructor.

(d) The director of a training program certified by the council under 13 AAC 87.010 or 13 AAC 87.020 must supervise all instructors to ensure that instructional excellence is maintained.

(e) The council may revoke instructor certification whenever an instructor is found by the council to be no longer qualified. The executive director of the council may initiate proceedings under the Administrative Procedure Act (AS 44.62) for the revocation of a certificate issued by the council when the revocation complies with AS 18.65.130 - AS 18.65.290 and 13 AAC 85.005 - 13 AAC 89.150. The council will consider revocation of instructor certification if

(1) an instructor is terminated or asked to resign, or resigns instead of discharge for cause by his employer;

(2) there is a recommendation to revoke certification by the director of a training program certified by the council under 13 AAC 87.010 or 13 AAC 87.020 or by the instructor's employer for failure to provide adequate instruction; or

(3) the holder of the instructor certificate falsified or omitted information required to be provided on an application for certification or on supporting documents.

(f) Repealed 10/18/81.

(g) A person who is currently certified or licensed by this state or a nationally recognized certifying body need not be certified by the council to teach the subject for which the person is certified or licensed.

(h) The director of a training program certified by the council under 13 AAC 87.010 or 13 AAC 87.020 must furnish the council documentary verification of the certification or licensure of a person specified in (g) of this section before council approval as an instructor will be considered.

(i) An instructor certificate becomes inactive if the holder of the certificate does not instruct at least one course certified by the council under 13 AAC 87.010 or 13 AAC 87.020 during a period of three consecutive years. Course instruction must be documented and submitted to the council not later than 30 days after the date of the last day of the course instruction on a form provided by the council.

(j) An inactive instructor certificate may be reactivated upon written request of the director of a training program certified under 13 AAC 87.010 or 13 AAC 87.020, or of the applicant's law enforcement government agency head, if the applicant instructs at least one course certified by the council under 13 AAC 87.010 or 13 AAC 87.020 under direct supervision of a currently certified instructor.

(k) An instructor used on a one-time basis for a specialized subject area of a training program may be classified as a guest lecturer. Requirements for application and certification as an instructor do not apply to a guest lecturer. A guest lecturer is defined as a person who, by reason of position or experience, can make a worthwhile contribution to a training program. A guest lecturer must be experienced in a specialized area and the instruction limited to that area of experience.

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.240
Eff. 11/25/77, Register 64; am 10/18/81, Register 80; am 8/8/90, Register 115; am 4/6/2018, Register 226

Article 2 Basic Requirements of Probation, Parole, and Correctional Officer Training Programs

13 AAC 87.050 Certification of basic probation, parole, and correctional officer training programs

Repealed.

History

Eff. 8/8/90, Register 115; repealed 4/6/2018, Register 226

13 AAC 87.060 Basic training program

(a) The basic training program of instruction for correctional officers must include

(1) an initial program of instruction that is provided by the Department of Corrections and that a correctional officer must complete within 30 days after the date of hire; the program consists of a minimum of 40 hours of instruction and must include the following topics of instruction:

(A) cardiopulmonary resuscitation (CPR), bloodborne pathogens, and first aid instruction sufficient to qualify the correctional officer for a council-approved basic first aid certificate;

(B) professional code of conduct, including prohibition of sexual harassment and core values of a correctional professional;

(D) avoiding offender set-ups;

(E) incident command system;

(F) the federal Prison Rape Elimination Act (PREA);

(G) suicide awareness; and

(H) authorized employee property; and

(2) a correctional officer academy that a correctional officer must complete before completing the correctional officer's probationary period; the correctional officer academy consists of a minimum of 200 hours of instruction and must include the following topics of instruction:

(A) security procedures, custody, and supervision of inmates;

(B) use of force, firearms certification, other less lethal weapons certifications, and use of restraints;

(D) officer safety and security, control techniques. mental health and suicide prevention, and emergency procedures;

(E) diversity and disability awareness in compliance with the requirements of AS 18.65.220;

(F) legal issues, including the provisions of 22 AAC 05 and AS 33; and

(G) reentry and supervision standards.

(b) The basic training program of instruction for probation and parole officers must include

(1) an initial program of instruction that is provided by the Department of Corrections and that a probation or parole officer must complete within 30 days after the date of hire; the program consists of a minimum of 40 hours of instruction and must include the following topics of instruction:

(A) cardiopulmonary resuscitation (CPR), bloodborne pathogens, and first aid instruction sufficient to qualify the probation or parole officer for a council-approved basic first aid certificate;

(B) professional code of conduct, including prohibition of sexual harassment and core values of a correctional professional;

(D) avoiding offender set-ups;

(E) incident command system;

(F) the federal Prison Rape Elimination Act (PREA); and

(G) suicide awareness; and

(H) authorized employee property; and

(2) a probation and parole officer academy that a probation or parole officer must complete before completing the probation or parole officer's probationary period; the probation and parole officer officer academy consists of a minimum of 200 hours of instruction and must include the following topics of instruction:

(A) risk assessment;

(B) interviewing and counseling techniques;

(D) overview of the criminal justice system;

(E) use of force, other less lethal weapons certifications, and use of restraints;

(F) communications skills and techniques, report writing, and record keeping;

(G) officer safety and security, control techniques, mental health and suicide prevention, and emergency procedures;

(H) diversity and disability awareness in compliance with the requirements of AS 18.65.220;

(I) legal issues, reentry, and supervision standards; and

(J) techniques of supervision.

(c) To receive credit for the probation, parole, or correctional officer training program for purposes of certification under 13 AAC 85.230, a person must attend all sessions of the course, except for absences approved by the head of the program, and be awarded a certificate of graduation by the head of the program. A person may not be certified for successful completion of the probation, parole, or correctional officer training program if the person

(1) has excused absences exceeding 10 percent of the total hours of instruction;

(2) fails to achieve a passing grade of 70 percent or higher in each block of instruction;

(3) fails to achieve a cumulative average of 70 percent or higher; or

(4) fails to achieve a grade of 75 percent or higher on the firearms portion of the basic program.

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.242
Eff. 8/8/90, Register 115; am 9/24/2016, Register 219; am 4/6/2018, Register 226

13 AAC 87.070 Certification of probation, parole, and correctional instructors

Repealed.

History

Eff. 8/8/90, Register 115; repealed 4/6/2018, Register 226

Article 3 Basic Municipal Correctional Officer Academy Requirements

13 AAC 87.075 Certification of municipal correctional officer training program

Repealed.

History

Eff. 4/12/2001, Register 158; repealed 4/6/2018, Register 226

13 AAC 87.080 Municipal correctional officer academy requirements

(a) The basic program of instruction for municipal correctional officers must include a minimum of 120 hours of instruction and must include the following topics of instruction:

(1) security and search procedures;

(2) supervision of inmates;

(3) use of force and methods of self-defense;

(4) diversity and disability awareness in compliance with the requirements of AS 18.65.220;

(5) report writing;

(6) rights and responsibilities of inmates;

(7) fire and emergency procedures;

(8) domestic violence;

(9) communication skills and interpersonal relations;

(10) special needs inmates;

(11) recognition of the signs and symptoms of mental illness and cognitive disability;

(12) substance abuse;

(13) physical deficiencies;

(14) suicide-prone behavior and suicide prevention;

(15) the federal Prison Rape Elimination Act (PREA);

(16) cross-cultural awareness;

(17) legal issues and liability;

(18) cardiopulmonary resuscitation (CPR); and

(19) first aid instruction sufficient to qualify students for a standard Red Cross first aid certificate or a council-approved equivalent.

(b) To receive credit for the municipal correctional officer training program for purposes of certification under 13 AAC 85.235, a person must attend all sessions of the course, except for absences approved by the head of the program, and be awarded a certificate of graduation by the head of the program. A person may not be certified for successful completion of the municipal correctional officer program if the person

(1) has excused absences exceeding 10 percent of the total hours of instruction;

(2) fails to achieve a passing grade of 70 percent or higher in each block of instruction; or

(3) fails to achieve a cumulative average of 70 percent or higher.

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.242
Eff. 4/12/2001, Register 158; am 9/24/2016, Register 219; am 4/6/2018, Register 226

13 AAC 87.085 Certification of municipal correctional instructors

Repealed.

History

Eff. 4/12/2001, Register 158; repealed 4/6/2018, Register 226

Article 4 General Provisions

13 AAC 87.090 Definitions

In this chapter "council" means the Alaska Police Standards Council.

History

Authority: AS 18.65.220; AS 18.65.290
Eff. 8/10/73, Register 47

Chapter 89 Minimum Standards for Village Police Officers

13 AAC 89.010 Basic standards for village police officers

(a) The basic standards for a village police officer are that the person

(1) is 19 years of age or older;

(2) is a citizen of the United States or a United States National;

(3) is of good moral character; in determining good moral character, the council may consider misdemeanor convictions, other than minor traffic offenses, during the 10 years before application;

(4) has never been convicted of a felony or been incarcerated, placed on probation, or placed on parole after conviction of a felony, by a court of the United States or of any state or territory; a felony conviction in another jurisdiction for an offense that is not a felony in this state does not necessarily bar certification unless the felony conviction was for a crime of dishonesty or a crime that resulted in serious physical injury or a threat of serious physical injury;

(5) has no physical or mental condition that would adversely affect the person's performance as a police officer;

(6) has never been convicted of

(A) a crime of domestic violence in this state or a similar law of another jurisdiction; or

(B) a crime that is a sex offense in this state as defined in AS 12.63.100 or a similar law of another jurisdiction; and

(7) during the 12 months preceding hire or appointment, has not illegally used controlled substances other than marijuana.

(b) A village may only appoint or hire a person to serve as a village police officer if the person meets the basic standards listed in (a) of this section. Only a village may appoint or hire a person as a village police officer.

(c) A person who was denied certification or whose certificate has been revoked by the council is not eligible for appointment or hire as a village police officer by a village unless the person's certificate has been reinstated by the council.

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.240
Eff. 10/18/81, Register 80; am 1/15/95, Register 133; am 6/17/2020, Register 234; am 8/28/2020, Register 236

13 AAC 89.020 Employment for village police officers

(a) Before appointing or hiring an applicant to a permanent position as a village police officer, a village shall

(1) obtain proof of the applicant's age and citizenship;

(2) review and evaluate the applicant's personal history and medical history statements and ensure that the applicant meets the standards in 13 AAC 89.010;

(3) review and evaluate the report of criminal justice information under AS 12.62 and the national criminal history record check obtained under AS 18.65.240; and

(4) contact the council to confirm the applicant's eligibility for appointment and certification.

(b) A village may not employ a village police officer for a period of more than 12 consecutive months unless the officer has been certified under 13 AAC 89.030.

(c) Separation as a village police officer for less than 90 consecutive days will be considered unbroken service for purposes of (b) of this section and 13 AAC 89.030(a)(1).

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.240
Eff. 10/18/81, Register 80; am 1/15/95, Register 133; am 6/17/2020, Register 234

13 AAC 89.030 Certification of village police officers

(a) The council will issue a certificate as a village police officer to an applicant who

(1) is, at the time of application, a full-time paid village police officer employed by a village and has satisfactorily completed 12 consecutive months of probation as a village police officer with that village immediately before application;

(2) meets the requirements of 13 AAC 89.010;

(3) successfully completes a training program meeting the requirements of 13 AAC 89.040; and

(4) attests that he subscribes to the Law Enforcement Code of Ethics set out in 13 AAC 85.040(b)(5).

(b) Repealed 1/15/95.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 10/18/81, Register 80; am 1/15/95, Register 133

13 AAC 89.040 Village police officer basic training program

(a) A village police officer basic training program must consist of at least 80 hours of instruction and include instruction regarding

(1) alcohol and drug interdiction;

(2) arrest procedures;

(3) constitutional rights and administration of justice;

(4) crime scene investigation;

(5) criminal complaints;

(6) criminal law and procedure;

(7) defensive tactics and use of force;

(8) disability awareness, in compliance with the requirements of AS 18.65.220;

(9) domestic violence, in compliance with the requirements of AS 18.65.240;

(10) procedures regarding persons suspected of driving under the influence;

(11) ethics and cultural diversity;

(12) fire prevention and fire extinguishers;

(13) first aid;

(14) interview techniques;

(15) juvenile procedures;

(16) patrol procedures;

(17) police tools such as oleoresin capsicum, baton, and handcuffs;

(18) report writing and police notebooks;

(19) search and rescue;

(20) search-and-seizure and evidence procedures; and

(21) sexual assault, in compliance with the requirements of AS 18.65.240.

(b) A person shall attend all sessions of the training required in (a) of this section, unless the director of the program approves a person's absence. A person who is absent for over 10 percent of the total hours of instruction will not be considered to have completed the training required in (a) of this section.

History

Authority: AS 18.65.220; AS 18.65.230; AS 18.65.240
Eff. 10/18/81, Register 80; am 4/6/2018, Register 226; am 6/17/2020, Register 234

13 AAC 89.050 Village public safety officer training program

Repealed.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 10/18/81, Register 80; am 3/28/84, Register 89; repealed 1/15/95, Register 133

13 AAC 89.060 Extension and reciprocity

(a) The council will, in its discretion, upon written application from a village, grant an extension for obtaining certification to an officer if the officer is unable to complete the required training within the first 12 months of employment due to illness, injury, or other emergency, or if the officer is unable to complete training because of temporary understaffing in his department.

(b) The council will, in its discretion, accept other police officer training that equals or exceeds that required in 13 AAC 89.040 in partial or complete substitution for the training required in that regulation.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 10/18/81, Register 80

13 AAC 89.070 Denial, revocation, and lapse of certificates

(a) The council will, in its discretion, deny or revoke a village police officer certificate upon a finding that the officer

(1) falsified or intentionally omitted information on an application or other document required to be filed for certification;

(2) has been discharged, has been asked to resign, or has resigned in place of discharge from a police department; or

(3) does not meet the requirements of 13 AAC 89.010(a).

(b) The holder of a certificate shall immediately return the certificate to the council upon notification of revocation.

(d) A person may request reinstatement of a lapsed certificate after serving an additional probationary period as required by the council. The council will, in its discretion, require supplemental training as a condition of reinstatement.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 10/18/81, Register 80; am 1/15/95, Register 133

13 AAC 89.080 Personnel reports and training records

(a) Within 30 days of the date of hire of a village police officer, the hiring authority shall notify the council on a form supplied by the council, except in those instances where a public record of the appointment would jeopardize the officer or the assignment. The employing agency shall notify the council within 30 days following termination of an officer for any reason.

(b) Before completion of the basic training program required in 13 AAC 89.030(a)(3), each village police officer must be fingerprinted on two Federal Bureau of Investigations applicant cards (FD-258) and shall, on a form supplied by the council,

(1) complete a personal history statement;

(2) complete a medical history statement; and

(3) attest that the officer subscribes to the Law Enforcement Code of Ethics set out in 13 AAC 85.040(b)(5).

(c) The documents required by (b) of this section must be forwarded to the council. The fingerprint cards will be forwarded by the council to the Department of Public Safety and the Federal Bureau of Investigation for record checks. The documents required by this section, following evaluation by the council, will be forwarded to the officer's hiring authority for review, evaluation, and permanent retention.

(d) The information in the council's files is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and the regulations adopted under those statutes; however, a village police officer may review the officer's own records.

(e) A village police officer certified by the council or serving in a position requiring certification by the council shall maintain a current, valid mailing address on file with the council. The most recent mailing address on file with the council is the address that the council will use for official communications and notifications. An officer shall notify the council, in writing, of a change of the officer's address not later than 30 days after the change.

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 10/18/81, Register 80; am 1/15/95, Register 133; am 6/17/2020, Register 234

13 AAC 89.140 Exemption

The provisions of this chapter do not apply to a village which has enacted an ordinance which specifically excludes it from AS 18.65.130 - 18.65.290 if the village maintains a police training program which equals or exceeds the requirements of 13 AAC 89.040 and whose instructors are certified under 13 AAC 87.040.

History

Authority: AS 18.65.220
Eff. 10/18/81, Register 80

13 AAC 89.150 Definitions

In this chapter,

(1) "certificate" means a certificate described in 13 AAC 89.030;

(2) "controlled substance" has the meaning given in AS 11.71.900;

(3) "council" means the Alaska Police Standards Council;

(4) "crime of dishonesty" means a crime under AS 11.46, or a crime under a similar statute or ordinance of this state or another jurisdiction;

(5) "crime of domestic violence" has the meaning given in AS 18.66.990;

(6) "driving under the influence" means an offense under AS 28.35.030 or another law or ordinance with substantially similar elements, or an offense of refusal to submit to a chemical test under AS 28.35.032 or another law or ordinance with substantially similar elements;

(7) "expungement" means that the central repository for criminal history records, in the jurisdiction in which a conviction was issued, has destroyed or sealed the record of conviction so that the record is not available for dissemination for any criminal justice activity;

(8) "felony" means a crime classified as a felony in this state at the time the crime was committed; a conviction in another jurisdiction by a civilian or military court is a felony conviction if the crime has elements similar to those of a felony under the law of this state at the time the offense was committed; a completed suspended imposition of sentence, expungement of record, or a pardon does not remove a felony conviction from a person's record;

(9) "force" has the meaning given in AS 11.81.900(b);

(10) "good moral character" means the absence of acts or conduct that would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States; for purposes of this standard, a determination of lack of "good moral character" may be based upon a consideration of all aspects of a person's character;

(11) "jurisdiction" means a state, territory, or commonwealth of the United States;

(12) "marijuana" has the meaning given in AS 11.71.900;

(13) "misdemeanor" means a crime classified as a misdemeanor in this state at the time the crime was committed; a crime committed in another jurisdiction for which there was a conviction in that jurisdiction by a civilian or military court is a misdemeanor conviction if the crime has elements similar to those of a misdemeanor under the law of this state at the time the offense was committed; for purposes of determining whether, under this paragraph, a crime is to be considered a misdemeanor or whether a conviction is to be considered a misdemeanor conviction, an offense punishable as a misdemeanor in this state or under the law of another jurisdiction that results in a completed suspended imposition of sentence, expungement of record, or a pardon is a misdemeanor conviction unless the offense was committed by the person before 21 years of age;

(14) "serious physical injury" has the meaning given in AS 11.81.900(b);

(15) "village" means a community that

(A) is off the interconnected state road system;

(B) has a population of less than 2,000 persons based on the most recent federal census; and

History

Authority: AS 18.65.220; AS 18.65.240
Eff. 10/18/81, Register 80; am 6/17/2020, Register 234

Part 7 Council on Domestic Violence and Sexual Assault

Chapter 90 Domestic Violence and Sexual Assault Program Standards

13 AAC 90.010 Scope

Except as provided in 13 AAC 90.140 - 13 AAC 90.160, this chapter applies to all grantees.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.020 Governing body

(a) The governing body of each grantee shall

(1) have written documentation of its source of authority, through charter, articles of incorporation, or bylaws, as appropriate;

(2) meet at least quarterly and keep minutes of all meetings;

(3) appoint an executive director, and designate, in writing, the director's authority, which must include responsibility for the daily operation and administration of the program;

(4) reflect representation of community concerns and interests by adopting and implementing a policy to recruit members of populations which are targeted for program services, particularly Alaska Native and other ethnic or racial populations;

(5) approve, in writing, all documents of the grantee that establish policy, including personnel policies, budgets, budget revisions, and the accounting manual;

(6) conduct open meetings; however, if excepted subjects are to be discussed at a meeting, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss any of the following matters must be determined by a majority vote of the governing body; the only excepted subjects that may be discussed in an executive session are:

(A) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the grantee;

(B) subjects that tend to prejudice the reputation and character of any person; however, the person may request a public discussion;

(7) direct the grantee's planning process; the governing body shall develop statements of philosophy of service delivery, mission, and goals and objectives; the goals and objectives must be reviewed annually.

(b) The governing body must represent community concerns and interests by consisting of members that reside in the program's service area.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.030 Planning process

(a) A grantee shall have a planning process that includes

(1) communication and coordination of the planning process with the council and other domestic violence or sexual assault programs that serve the same populations;

(2) identification of resources within the service area that provide the same, similar, and supplementary services;

(3) assessment of the service needs of the populations to be served;

(4) consideration of the characteristics, needs, and distribution of the populations to be served; and

(5) a written description of each service provided by the program and a statement of how each service relates to identified needs of the populations to be served.

(b) Consideration under (a)(4) of this section of the characteristics and needs of the populations to be served includes consideration of a group's culture, heritage, traditions, and language, and must be documented.

(c) A grantee shall develop and implement a written policy outlining the basic procedures under which the provisions of (a) and (b) of this section are implemented.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91; am 7/1/91, Register 118

13 AAC 90.040 Personnel management

(a) A grantee shall have a personnel management system that includes a written job description and qualifications for each position, and a current organizational chart that identifies staff positions and lines of authority within the program.

(b) A grantee shall maintain for each employee a personnel record that includes education and training completed, wage or salary information, and performance appraisals. Performance appraisals must be completed annually and in accordance with documented procedures. The records must be stored, maintained, and used in a manner that ensures confidentiality.

(d) A grantee shall provide training in the following areas for staff and volunteers who provide services directly to clients, as appropriate:

(1) standards for conducting lethality assessments, safety checks, and for the development of safety plans;

(2) community resources;

(3) assistance to clients in identifying options and planning goals for themselves; and

(4) assessment of the need for, and the provision of, education and advocacy in the areas of domestic violence or sexual assault.

(e) A grantee shall adopt and implement policies to recruit staff who are representative of populations targeted for program services, particularly Alaska Natives and other ethnic or racial populations.

(f) A grantee who receives federal money shall adopt and implement a policy to provide a drug-free workplace in accordance with 41 U.S.C. 701 - 707 (Drug-Free Workplace Act of 1988).

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91; am 7/1/95, Register 134

13 AAC 90.050 Fiscal management

(a) A grantee shall have an accounting system that ensures proper use of money, as required by funding sources, and documentation of financial transactions. The system must include

(1) uniform procedures for handling financial transactions;

(2) reconciliation and summary of financial transactions at least monthly;

(3) written procedures for payroll that ensure that correct amounts are regularly withheld from each employee's pay and paid to appropriate federal, state, and local units of government;

(4) written procedures for regular review of, and sign-off on, all employees' time and attendance forms; and

(5) controls to safeguard proper handling of cash receipts and disbursements.

(b) A grantee shall maintain an accounting policy and procedures manual which must be reviewed and updated annually. The accounting manual must include the following topic areas: funding-source accounting requirements, internal control procedures, a chart of accounts, accounting records maintenance, and preparation of financial statements.

(c) A grantee shall have procedures to maximize reimbursement for services from clients or other parties. These policies may not preclude provision of services regardless of a client's ability to pay.

(d) A grantee shall have written procedures for the preparation and revision of the revenue and expense budgets for the program. These budgets must include all sources and uses of money received.

(e) A grantee shall have insurance that provides for the protection of the physical and financial resources of the program. This insurance must include personal injury liability insurance for employees, volunteers, and clients, and bonding insurance in at least one-fourth of the total grant received from the council.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.060 Reporting

A grantee shall have written procedures that ensure fulfillment of reporting requirements imposed by licensing or funding sources.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.070 Facilities

(a) A facility must comply with applicable zoning ordinances and conform to electrical, sanitation, plumbing, building, and safety codes of the governmental jurisdiction in which the facility is located.

(b) A facility must have adequate ventilation in all areas, and direct outside air ventilation to each bedroom.

(d) A grantee shall maintain records of facility inspections and conditional use permits for three years.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.080 Client policies, procedures, and records

(a) A grantee shall provide ongoing clients with an orientation to the program that includes an explanation of clients' rights of confidentiality, clients' obligation to maintain confidentiality, the services that are available, program hours, activities and fees, rules governing clients' conduct, and infractions that can result in disciplinary action or discharge.

(b) A grantee shall have a written policy that provides for reviewing and responding to clients' grievances and recommendations about program operations, and that delineates the means by which clients are familiarized with these procedures.

(1) evaluation of immediate danger of suicide or homicide, the appropriateness of the client to the program, the presence of child abuse or neglect, the presence of abuse of vulnerable adults, the influence of alcohol or drugs, and a lethality assessment, if applicable;

(2) referral procedures for individuals not admitted to the program; and

(3) conditions for acceptance and refusal of referrals from other agencies.

(d) A grantee shall have written procedures for discharge of clients, including provisions for referrals and clients' participation in discharge plans.

(e) A grantee shall have individuals available, as reasonable, to provide translation services to non-English-speaking clients.

(f) A grantee shall make provisions for meeting the needs of clients with disabilities.

(g) A grantee shall have written policies and procedures for follow-up of clients that establish protection of clients' confidentiality during follow-up contacts, make provisions for safety checks, if applicable, and specify the conditions under which follow-up will be discontinued.

(h) A grantee shall have written policies and procedures for periodic review of records of active clients for completeness and appropriateness.

(i) A grantee shall have a standardized system for keeping records on clients that includes the following information for each client:

(1) statements of problems and needs;

(2) a plan for problem resolution;

(3) a personal contact in case of an emergency; and

(4) known medical problems.

(j) A grantee shall have written policies and procedures for closing and storing clients' records.

(k) A grantee shall have written policies and procedures for ensuring the confidentiality and security of clients' privileged communications and records. These procedures must

(1) include procedures for disclosure of privileged communications and confidential information in accordance with AS 25.35.100 - 25.35.150, including the use of forms for documenting the disclosure and for obtaining the client's written consent;

(2) comply with applicable laws and regulations on privileged communications and confidentiality of clients' records; and

(3) address the use and disclosure of client information by anyone other than program personnel.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91; am 7/1/91, Register 118; am 7/1/95, Register 134

13 AAC 90.090 Crisis line

If a grantee provides crisis intervention services to victims of domestic violence and sexual assault or to perpetrators, it shall have or contract with a 24-hour crisis line service.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.100 Reporting of suspected abuse of vulnerable adults

(a) Repealed 7/1/91.

(b) A grantee shall require reporting by all staff if there is reasonable cause to believe that a vulnerable adult has suffered abuse or neglect as defined in AS 47.24.900 and that there is immediate danger to the vulnerable adult, or that the abuse is ongoing and the vulnerable adult is unable or unwilling to assure the vulnerable adult's own safety. The report must be made to the central information and referral service for vulnerable adults, through the Department of Administration, division of senior services. If there is reasonable cause to believe that immediate action is necessary to protect the individual, the report must be made to a peace officer.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91; am 12/3/88, Register 108; am 7/1/91, Register 118; am 7/1/95, Register 134

13 AAC 90.105 Training on reporting suspected abuse of children and vulnerable adults

(a) A grantee shall provide training on the recognition and reporting of abuse or neglect to staff members who are required to report child abuse or neglect under AS 47.17.020 or the abuse of a vulnerable adult under AS 47.24.010. The training must take place

(1) during the first month of employment, for new staff members; and

(2) once a year, for all staff members.

(b) As part of the training required under this section, a grantee shall require each staff member to read and sign a statement that clearly defines all forms of reportable abuse or neglect, and outlines the staff member's responsibility to report abuse or neglect. The statement must be retained in the staff member's personnel file.

(c) A grantee shall develop a curriculum for the training required under this section, and shall review and update the curriculum annually. The curriculum must include information on

(1) laws relating to child abuse and neglect and the abuse of vulnerable adults;

(2) techniques for recognition and detection of child abuse and neglect and the abuse of vulnerable adults;

(3) agencies and organizations in the state that offer aid or shelter to victims and the families of victims of child abuse and neglect and the abuse of vulnerable adults;

(4) procedures for required notification of suspected abuse or neglect;

(5) the role of a person required to report abuse or neglect, and the role of the grantee, after the report has been made; and

(6) a brief description of the manner in which cases of abuse or neglect are investigated by the Department of Health, the Department of Family and Community Services, and law enforcement agencies after a report of abuse or neglect.

(d) A grantee shall ensure that a current copy of the training curriculum required under (c) of this section is on file with the council.

History

Authority: AS 18.66.050
Eff. 7/1/91, Register 118; am 7/1/95, Register 134

13 AAC 90.110 Volunteers

(a) A grantee shall have written policies on volunteer services that include

(1) the philosophy, goals, and objectives of the volunteer program;

(2) the responsibilities and tasks of volunteers;

(3) the procedures and criteria for selecting volunteers; and

(4) the accountability and reporting requirements of volunteers.

(b) A grantee shall have a documented training program for volunteers that provides information on clients' rights, program procedures, and procedures for emergencies.

(d) A grantee shall develop a procedure for reviewing volunteers' performance and providing feedback to volunteers.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.120 Coordination and referral

A grantee shall develop written agreements for coordination with agencies that serve as primary referral sources, such as alcohol, mental health, other domestic violence and sexual assault programs serving the same area, as well as the Department of Corrections and the divisions in the Department of Family and Community Services responsible for juvenile justice and child protection. These policies and procedures must delineate means to identify clients' special needs, assist clients in obtaining services, and avoid duplication of services provided by other agencies. These policies must specify conditions under which referrals are made, and must list specific steps for referring.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91; am 2/5/2000, Register 153

13 AAC 90.130 Program evaluation

A grantee shall have a written evaluation plan that includes

(1) an assessment of the attainment of goals and objectives;

(2) designation of persons responsible for conducting the evaluation, including the governing body's role;

(3) description of the types of data collected;

(4) identification of factors which are important in contributing to the success of the program;

(5) an assessment of how the grantee affects the community and clients it serves; and

(6) a means for the evaluation findings to be used in the planning process described in 13 AAC 90.030.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.140 Shelters

(a) A shelter must provide each resident with access to

(1) the minimum necessities, including bedding, clothing, articles for grooming and personal hygiene, and nutritional food; and

(2) a telephone, in accordance with a written policy that promotes confidentiality and safety of residents.

(b) A shelter must be staffed by paid staff or a trained volunteer 24 hours per day, seven days per week, if one or more victims reside in the shelter. Shelter staff and volunteers must have at least eight hours of basic first aid training, which includes training in CPR and knowledge of the facility's emergency procedures.

(c) There must be written procedures for the shelter for meeting potential emergencies such as fire, natural disasters, physical illness, and threats of physical injury. These procedures and emergency telephone numbers must be posted in prominent places in the shelter, and the procedures made known to staff, volunteers, clients, and if applicable, law enforcement officers. The emergency procedures must include

(1) assignments of tasks and responsibilities;

(2) instructions for the use of alarm systems, emergency equipment and notification of authorities;

(3) specification of escape routes in case of fire or natural disaster; and

(4) coordination with law enforcement agencies for emergency plans regarding intruders and with fire departments for emergency plans for fire or natural disasters.

(d) There must be locks on windows and doors of the shelter to prevent entry by intruders.

(e) There must be policies for the storage of medicines belonging to residents of the shelter that assure that the medicines are not accessible to children or unauthorized adults.

(f) There must be a written plan for services to children in the shelter, including coordination with schools to minimize disruption to children.

(g) Orientation must be provided to all clients of the shelter, to inform them of the requirement for nonviolent behavior by children and adults while in the shelter.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.150 Safe home programs

Safe home programs must

(1) assure that each safe home provides each resident with access to minimum necessities, including bedding, clothing, articles for grooming and personal hygiene, and nutritional food;

(2) develop and disseminate to safe home operators and residents written policies and procedures that include criteria for who may use safe homes and rules for safe home operators and residents, including security measures;

(3) have written procedures for monitoring safe homes to ensure that the homes meet community standards for cleanliness, safety, and sanitary conditions; and

(4) provide orientation to all clients to inform them of the requirement of nonviolent behavior by adults and children while in safe homes.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.160 Services for perpetrators

A program or component of a program whose primary focus is on providing services to perpetrators of domestic violence must

(1) coordinate plans for services with other agencies serving the perpetrator's family to avoid conflict and encourage cooperation with other services provided to the affected family; and

(2) contain mechanisms to maintain regular contact with the victim of a perpetrator who is a client to ensure the victim's safety.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.170 Waiver

The council will, in its discretion, waive compliance with a requirement in 13 AAC 90.010 - 13 AAC 90.060 upon written application, if the council determines

(1) there is good cause for the request;

(2) the safety of clients is assured; and

(3) an acceptable alternative is provided.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.180 Compliance

Grantees shall comply with this chapter within two years after 9/22/84. Programs newly funded after 9/22/84 have two years to come into compliance with this chapter.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91

13 AAC 90.190 Definitions

In this chapter,

(1) "client" means a person who receives services from a domestic violence or sexual assault program for a problem that the person is directly experiencing;

(2) "council" means the Council on Domestic Violence and Sexual Assault;

(3) "crisis intervention" means contact with a person in order to intervene in emergency situations;

(4) "follow-up" means the process by which the grantee determines the status of a client after she or he leaves a program;

(5) "grant" means an award of financial assistance by the council to an eligible recipient;

(6) "grantee" means the legally accountable entity that receives a grant;

(7) "lethality assessment" means determination of the degree of danger of serious injury or death to any member of a client's family unit;

(8) "ongoing client" means a client who is not in crisis;

(9) "perpetrator" means a person who directed domestic violence or sexual assault toward another person;

(10) "program" means the services provided by a grantee for the community or region it serves;

(11) "safe home" means a private home whose occupants provide a safe environment for victims of domestic violence or sexual assault, and their children, on a short-term basis;

(12) "safe home program" means a legally accountable entity that receives a grant to provide safe home services;

(13) "safety check" means the process of determining if a victim's situation is dangerous, and, if so, developing a safety plan;

(14) "safety plan" means a scheme or method by which a victim may escape from, or protect herself or himself, in a violent situation;

(15) "shelter" means a facility that provides a safe, emergency environment for victims of domestic violence or sexual assault, and their children, on a short-term basis;

(16) "victim" means a person who may be admitted into a program as a result of having been subjected to domestic violence or sexual assault; and

(17) "volunteer" means a person who provides unpaid services, and who performs one or more of the following tasks:

(A) telephone support;

(B) referral and information;

(D) shelter support;

(E) community presentations and public relations;

(F) fund-raising;

(G) court liaison;

(H) legal aid;

(I) safe home services;

(J) direct services to clients.

History

Authority: AS 18.66.050
Eff. 9/22/84, Register 91; am 7/1/91, Register 118

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.050 Application request

A prospective applicant must request an application in writing by the date provided in the public notice. The council will provide application forms and instructions to each prospective applicant who requests an application in writing.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.060 Submission of grant application

To be considered for a grant, an applicant must include in the grant application the information requested in the application form and must submit the grant application to the grant agency by the date provided in the public notice given under 13 AAC 95.040.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.070 Review of application; final decision

(a) Within 90 days after the application submission deadline, the council will review the application. The council will, in its discretion, require the applicant to provide an explanation of information submitted in the application.

(b) The final decision under (d) of this section will be to

(1) approve the grant application for the amount requested;

(2) approve the grant application for an amount different from the amount requested; or

(3) disapprove the grant application.

(c) If the council's final decision is to approve the grant application, the council will, in its discretion, negotiate with the applicant regarding necessary revisions in the applicant's proposed budget or proposed services and activities. A final decision is conditional upon completion of negotiations in accordance with this subsection.

(d) The council will make the final decision with respect to a grant application no later than 15 days after the final state budget bill takes effect for the state fiscal year for which the grant application is made.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.080 Criteria for application review

The council will use the following criteria in the review of an application:

(1) the applicant's management and financial capabilities;

(2) justification of the need for services, including identification of the target population and geographic area to be served;

(3) the applicant's previous experience in providing the same or similar services in an effective manner;

(4) demonstrated community support of the applicant by the community or communities in which the applicant proposes to provide services;

(5) appropriateness of the objectives of the applicant's project, as well as the extent to which the objectives can be measured and schedules can be established for the performance of specific tasks;

(6) feasibility of the applicant's plan for providing services;

(7) accessibility of services to clients;

(8) assurance of client confidentiality;

(9) the existence and sufficiency of the applicant's aftercare or follow-up plan for clients, if applicable;

(10) the applicant's efforts to coordinate with other appropriate organizations;

(11) reasonableness of the applicant's proposed budget;

(12) compatibility of the applicant's service proposal with the council's objectives and planning documents;

(13) the existence of a reasonable training plan providing adequate justification for needed training;

(14) the existence of a service evaluation proposal employing clear outcome indicators;

(15) documented use of volunteers, and plans for future use;

(16) council grant priorities as provided in the application materials; and

(17) the status of audits and the resolution of audit exceptions, if any, for an applicant that has previously been awarded a grant.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.090 Notification of award

(a) After the council makes a final decision under 13 AAC 95.070(d), the council will send to the applicant within 15 days a

(1) notice of disapproval if the council disapproves the applicant's application; or

(2) notification of grant award to an applicant whose application is approved, contingent upon necessary revisions negotiated under 13 AAC 95.070(c), and contingent upon availability of money.

(b) The grantee must sign the notification of grant award to indicate acceptance of the requirements of this chapter and of the terms set out in the signed application, as revised under 13 AAC 95.070(c). After the notification of grant award is signed by the chair of the council or the chair's designee, the signed notification of grant award constitutes a contract between the council and the grantee.

(c) Grant awards are subject to the availability of spending authority by the council to fund a grant; the spending authority may be revoked, rescinded, reduced, or withheld by the office of management and budget. The council will promptly provide a grantee written notice if funding is revoked, rescinded, or withheld, and the effective date of the action.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.100 Duration

(a) If, by July 1 of the state fiscal year for which a grant application is made, the governor does not sign into law the final state budget for that fiscal year, the council will seek authority to extend the existing approved grants for a period not to exceed 90 days.

(b) The council will not commit money for a grant for a period that exceeds the state fiscal year for which the grant is awarded. The council will, in its discretion, award a grant for a period not to exceed two years, subject to annual legislative appropriation.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106; am 7/1/95, Register 134

13 AAC 95.110 Equal employment opportunity

(a) A grantee shall comply fully with AS 18.80.220.

(b) A grantee shall post in conspicuous places, accessible to employees and applicants for employment, at the location of the grantee's grant project, notices setting out the equal employment provisions of AS 18.80.220.

(c) A grantee shall maintain records on age, sex, and race, which are required to administer the civil rights laws and regulations.

(d) A grantee shall state, in solicitations or advertisements for employees to work on a grant project, that the grantee is an equal opportunity employer. The grantee shall consider all qualified applicants for employment without regard to sex, race, religion, color, national origin, age, physical disability, mental disability, marital status, change in marital status, pregnancy, or parenthood.

(e) A grantee shall include the requirements of this section in the grantee's contracts and shall require compliance with these provisions in contracts entered into by its subcontractors. For the purpose of including the requirements in a construction, maintenance, or service contract or subcontract, "sub-grantee" and "contractee" may be changed to appropriately reflect the name or designation of the parties of the subcontract or contract.

(f) A grantee shall promptly comply with state directives considered essential by a state agency to ensure compliance with federal and state laws and regulations relating to the prevention of discriminatory employment practices.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106; am 7/1/91, Register 118

13 AAC 95.120 Civil rights of clients

(a) A grantee shall comply fully with 42 U.S.C. 2000d (U. S. Civil Rights Act) and 29 U.S.C. 794.

(b) A grantee shall establish and operate internal information-collection systems to provide necessary racial statistics for staff, clients, beneficiaries, or participants annually. Records and reports must be available for review by the council and by the appropriate federal agency upon request.

(c) A grantee shall make available to beneficiaries, participants, and other persons affected by the grantee's grant project, information relating to 42 U.S.C. 2000d and 29 U.S.C. 794 and federal regulations promulgated under those laws.

(d) A grantee shall inform and instruct staff members concerning obligations under 42 U.S.C. 2000d and 29 U.S.C. 794 and federal regulations promulgated under those laws.

(e) A grantee shall establish procedures for processing complaints alleging discrimination on the basis of sex, race, religion, color, national origin, age, physical disability, mental disability, marital status, change in marital status, pregnancy, or parenthood.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106; am 7/1/91, Register 118

13 AAC 95.130 Accounting requirements

A grantee shall, with respect to the financial records and accounts of the grantee's grant project, use generally accepted accounting practices and maintain the financial records and accounts in a manner that permits them to be audited.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.140 Cost policies

(a) A grantee may use money received from a grant to pay a cost described in 13 AAC 95.140 - 13 AAC 95.200. A grantee may make a payment only

(1) in accordance with the limitations established in 13 AAC 95.140 - 13 AAC 95.200;

(2) if the council determines that payment of the cost is necessary for the accomplishment of the objectives of the grant project; and

(3) if the cost is reflected in the budget of the grant project.

(b) A grantee may pay for costs other than those described in 13 AAC 95.140 - 13 AAC 95.200 only after receiving approval from the council.

(c) A grantee may pay for fees, transportation expenses, and per diem or subsistence expenses of consultants. Before paying expenses of consultants, the grantee must establish written policies that provide, at a minimum, that

(1) the consultant's services must be essential to the grant project and cannot be provided by a person whose salary is paid, in whole or in part, with money from the grantee's grant;

(2) the grantee will establish and use a selection process to secure the most qualified consultant available; and

(3) the consultant's fee must be appropriate considering the qualifications of the consultant, the consultant's normal fees, and the nature of the services rendered by the consultant.

(d) If a grantee has a written travel policy that is more restrictive than 13 AAC 95.160(a), the grantee may pay no more for the travel expenses than the amount that is allowed under that policy.

(e) For air travel, the expenses paid may not include first class seating or travel on a carrier other than a United States carrier unless no other form of air travel is available.

(f) Before paying a relocation cost under 13 AAC 95.160(c), a grantee must establish written policies that

(1) state the circumstances under which the grantee will pay for the relocation costs;

(2) state the maximum amount the grantee will pay; and

(3) require the employee to reimburse the grantee for the relocation costs if the employee resigns for reasons within the employee's control less than 12 months after the relocation.

(g) A grantee may not pay for the following:

(1) interest costs on loans;

(2) contingencies;

(3) lobbying;

(4) fines, penalties, or bad debts;

(5) contributions or donations; or

(6) entertainment, including luncheons, banquets, gratuities, or decorations.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.150 Personnel costs

(a) Salaries, wages, overtime, fringe benefits, and any benefits paid to or on behalf of an employee of the grant project, including insurance premiums for employee health benefits, are allowable, subject to the following:

(1) If an employee of a grantee performs duties under the grant project and duties that are not under the grant project, the grantee shall determine the amount of a payment on the basis of the amount of time spent by the employee in performing the duties under the grant project. If the employee concurrently performs the same duty for two or more grant projects or for one grant project for which the grantee receives money under two or more grants, the grantee may allocate payments among the grants or grant projects in a manner that the grantee considers appropriate. However, the allocation may not result in payments that exceed the amount owed to the employee.

(2) A payment for leave taken by an employee must be in accordance with the written employee leave policy established by the grantee under 13 AAC 95.210. However, for an employee whose employment is part of a training program conducted by an educational or training institution, the payment may not include payment for leave other than leave taken under a holiday schedule of the educational or training institution in which the trainee is enrolled. The council will approve a payment to an employee whose employment is part of a training program conducted by an educational or training institution only if the council determines that

(A) there is a bona fide employer-employee relationship between the grant project and the employee;

(B) the payment is for duties performed or to be performed for the grant project; and

(C) the grantee's accounting records support the payment and accurately reflect the distribution of the duties performed by the employee.

(b) A grantee may not pay fees to an employee for consultation if it will result in double compensation to the employee or to the grantee for services provided by the employee.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106; am 7/1/95, Register 134

13 AAC 95.160 Travel costs

(a) A grantee may pay for travel expenses only to the extent that the travel expenses do not exceed the greater of

(1) the basic reimbursement for travel expenses and the basic per diem and meal allowances allowed under the collective bargaining agreement between the state and its general government unit employees which is in effect at the time that the department awards the grant;

(2) the actual costs, not including gratuities, of moderately-priced accommodations and meals; or

(3) for a project that includes funding under a federal grant to the grantee or federal contract with the grantee, the costs allowable under the federal grant.

(b) Repealed 7/1/95.

(c) A grantee may pay for relocation costs if they are incidental to a change of duty assignment for a period of not less than 12 months or to the recruitment of a new employee if the relocation is for the benefit of the grant project.

(d) The relocation costs paid by the grantee under (c) of this section may only include transportation of the employee and of the employee's family, dependents, and household goods to the new location. The grantee shall credit the grant account for amounts received by the grantee under 13 AAC 95.140(f)(3).

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106; am 7/1/95, Register 134

13 AAC 95.165 Facilities costs

The following costs related to physical facility operations for the grant project are allowable:

(1) the cost of rental or true lease of facilities and equipment, if it does not exceed the maximum fair market value;

(2) the cost of utilities not included in the space rental cost;

(3) telephone, postage, telegram, and other communication costs;

(4) the cost of altering or renovating a building if

(A) the grantee is not an individual;

(B) the building has a usable life consistent with the objectives of the grant project, and is architecturally suitable for conversion;

(C) the alteration or renovation allows the building to conform with federal law and regulations governing access by a person with a physical disability;

(D) the grant project or part of the grant project will actually occupy the space involved;

(E) the grantee secures a lease for the grant period if the grantee does not own the building; and

(F) the amount budgeted or used for the alteration or renovation during a period of three consecutive fiscal years does not exceed the lesser of

(i) $75,000; or

(ii) 25 percent of the amount approved in the budget for direct costs for the three-year period.

History

Authority: AS 18.66.050

13 AAC 95.170 Contractual costs

(a) The following costs related to operating the grant project are allowable:

(1) the cost of insurance premiums, including premiums for hazard insurance, malpractice insurance, and other liability insurance coverage for personnel, vehicles, and activities of the grant project;

(2) membership dues in professional organizations;

(3) bonding costs;

(4) the cost of an audit that complies with 2 AAC 45.010;

(5) the cost of advertising, printing, and public-awareness activities if the grantee assumes sole responsibility for the content of the communication;

(6) the cost of legal services;

(7) the cost of routine and ancillary medical services on either an inpatient or outpatient basis;

(8) registration fees and tuition for symposiums, conferences, training, and seminars;

(9) the cost of providing training services from persons other than employees;

(10) the cost of transporting equipment from one grantee to another;

(11) accounting fees;

(12) the cost of consultants as set out in 13 AAC 95.140;

(13) the cost of subscriptions to professional journals and materials;

(14) the cost of subcontracts that comply with 13 AAC 95.220.

(b) Subject to (c) - (h) of this section, a grantee may make a payment to a reserve fund established in accordance with (h) of this section to compensate for depreciation of, or as a use allowance for, an asset acquired by the grant project, including an asset donated to the grant project by the grantee or by a person other than the grantee, which is necessary for furtherance of the grant project. In computing the amount of payment under this subsection, the grantee may not include the cost of an asset, to the extent that the cost of the asset was paid for or donated to the grant project by the state or federal government, or the cost of land. However, the grantee may include in the computation the cost of capital improvements to land which are not included in the cost of a building if the grantee's books of account provide for the systematic amortization of the cost based on a reasonable determination of the probable useful life of the improvement and if the share of the cost allocated to the grant is developed from the amount amortized for the grant period involved.

(c) Normal depreciation on a grantee's plant, equipment, and other capital facilities is allowable under (b) of this section if the grantee computes the depreciation

(1) upon a property-cost basis that could be used by the grantee for federal income tax purposes, if the grantee were subject to the payment of federal income tax; and

(2) by the consistent application to the assets concerned of a generally accepted accounting method, subject to the limitations of 26 U.S.C. (the Internal Revenue Code of 1986).

(d) If the grantee uses the depreciation method for the purposes of (b) of this section, the grantee shall maintain adequate property records. The grantee shall determine the useful life for usable capital assets on a realistic basis that takes into consideration such factors as type of construction, nature of the equipment used, technological developments in the particular area, and the renewal and replacement policies followed by the grantee for the individual items or classes of assets involved. If, on a date later than the date of acquisition of an asset by the grant project, the grantee introduces the depreciation method for application to the asset, the payments under (b) of this section for the depreciation may not exceed the amounts that would have resulted had the depreciation method been in effect from the date of acquisition of the assets.

(e) A payment for depreciation of an asset that is fully depreciated is not allowed. However, the grantee may negotiate with the council to allow payments under (b) of this section for a reasonable use allowance for the asset. The council will, in its discretion, allow the payments if, after taking into consideration the cost of the asset involved, the estimated useful life remaining at the time of the negotiation, the actual replacement policy followed by the grantee in the light of service lives used for calculating depreciation, the effect of increased maintenance charges or decreased efficiency as a result of age, and other factors relating to the use of the asset for the purpose contemplated, the council determines that the payments are justifiable.

(f) If a grantee uses the use-allowance method for the purposes of (b) of this section, the grantee shall compute the use allowance for

(1) buildings and improvements at an annual rate not to exceed two percent of the acquisition cost of the buildings and improvements; and

(2) equipment at an annual rate not to exceed

(A) six and two-thirds percent of the acquisition cost of the equipment if the grantee maintains current records with respect to equipment on hand;

(B) 10 percent of the acquisition cost of the equipment if the grantee maintains records that reflect only the acquisition cost of original equipment of the grant project; or

(C) six and two-thirds percent of a reasonable estimate of the acquisition cost of the equipment if the grantee does not maintain equipment records described in (A) or (B) of this paragraph and if the grantee justifies the estimate to the satisfaction of the council.

(g) A grantee may not make a payment under (b) of this section as a use allowance for equipment if the equipment is not usable. In (f) of this section, "original equipment" means the equipment initially placed in a building to perform the functions currently being performed in the building; however, if a permanent change in the function of a building takes place, the grantee may make a redetermination of the original equipment.

(h) A grantee shall establish a reserve fund for replacement of capital assets of the grant project. A payment under (b) of this section must be made to the reserve fund established under this subsection.

(i) A grantee may pay tax expenses; however, these expenses may not include taxes from which the grantee is exempt.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106; am 7/1/95, Register 134

13 AAC 95.180 Commodities costs

The following commodities costs are allowable:

(1) the cost of supplies;

(2) the cost of toys, games, and nursery items acquired to provide a nursery service so that parents can participate in the services of the grant project, for diagnostic or therapeutic purposes, or for other purposes of the grant project;

(3) drug costs; and

(4) food used in program operations.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.190 Equipment costs

(a) Equipment purchase costs are allowable, subject to 13 AAC 95.310 and 13 AAC 95.320, and may include the purchase of automotive vehicles.

(b) Maintenance and repair costs for equipment owned, leased, or rented by the grantee are allowable costs.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.200 Indirect costs

(a) An applicant that does not have a federally approved indirect-cost rate may include administrative costs in the applicant's proposed budget as direct costs. The applicant shall document the proposed costs in the applicant's justification narrative for the proposed budget.

(b) An applicant that has an indirect-cost rate agreed upon by the federal government and the grantee as an accurate reflection of the cost of the items included under that rate may use that indirect cost rate for the grant proposal, subject to the following:

(1) if a grant will materially affect the indirect-cost rate, the applicant shall notify the federal government at the time the applicant applies for the grant and, if the applicant receives a grant, shall provide evidence to the council that the indirect-cost rate has been adjusted, as necessary, by the end of the grant period;

(2) in computing the amount of the grant to an applicant, the council will accept the indirect-cost rate most recently negotiated with the federal government at the time of the award of the grant; an amount allocated for indirect costs in a grant is considered part of the grant and not an addition to it; an increase or decrease in the indirect-cost rate made after the award for the grant will not affect the amount of the grant;

(3) an applicant desiring approval of indirect costs in a grant must include in the grant application a copy of the federal indirect-cost agreement indicating the indirect-cost rate, the period of applicability of the indirect-cost rate, and relevant documentation;

(4) if a grantee enters into a subcontract with an agency that also has a federally approved indirect-cost rate, the total indirect cost that may be paid under this subsection may not exceed the amount allowed in the grantee's indirect-cost rate; it is the responsibility of the grantee and subcontractor to negotiate an equitable allocation of the indirect costs;

(5) a grantee shall, upon request, make available to the state and to an appropriate local government, if any, all federal audit data relating to indirect costs of the grant project paid by the federal government.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.210 Administrative policies of grantees

(a) A grantee shall have written policies relating to employee salaries and overtime, employee leave, employee relocation costs, use of consultants and consultant fees, training, and conflict of interest. The grantee shall apply these policies consistently in the administration of the grant project without regard to the source of the money used for the purposes to which the policies relate. The council will, in its discretion, require the grantee to submit these policies to the council for approval.

(b) A grantee that is a nonprofit corporation shall establish and adhere to a written policy stating that an employee of the grantee may not be a member of the grantee's governing board.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.220 Subcontracts

(a) A grantee may enter into a subcontract for the performance of an activity required by the grant. The grantee remains administratively and financially responsible for the activity and is responsible for the performance of the subcontractor.

(b) A grantee must obtain the approval of the council before entering into a subcontract that exceeds 10 percent of the grant amount.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.230 Payment provisions

(a) Subject to 13 AAC 95.240, the council will make payments to a grantee under a grant by monthly or quarterly advances or reimbursements. To receive a payment under this section, the grantee must submit to the council a payment request made on a form provided by the council.

(b) A grantee shall reimburse the council for the amount not spent or encumbered if a grantee has not spent or encumbered all payments made to the grantee at the end of the grant period. A grantee shall notify the council in writing no later than 30 days after the end of the grant period of an outstanding encumbrance of a payment made under (a) of this section. For the purposes of this subsection, an encumbrance

(1) must require the use of the encumbered payment no later than one year after the end of the grant period; and

(2) must relate to a cost, the payment of which is

(A) reflected in the budget of the grant project; and

(B) allowed under 13 AAC 95.140 - 13 AAC 95.200.

(c) The council will, in its discretion, withhold payment if the grantee fails to submit complete and timely reports required under 13 AAC 95.240.

(d) If a grantee is awarded money under 13 AAC 95.070(d) but disputes the amount of the award, a grantee seeking continued funding will receive a proportionate advance of the amount awarded by the council on a monthly basis for the duration of the appeal.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.240 Reports

A grantee shall submit to the council, on forms specified by the council, grant project performance reports and financial reports. The grantee shall submit the reports in accordance with written instructions delivered to the grantee by the council.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.250 Grant income

(a) A grantee shall report grant income to the council on a form designated by the council.

(b) Subject to (c) of this section, a grantee shall use grant income, including the grantee's share of proceeds from the sale of assets of the grant project, to further the objectives of the grant project, including, but not limited to, uses that will

(1) increase the number of persons served by the grant project;

(2) increase the services provided by the grant project;

(3) improve the quality of the services provided by the grant project;

(4) establish a reserve fund for use in offsetting underestimates of financing needs for the grant project;

(5) improve the capabilities of the grant project to generate reimbursement for services from a source other than the council or the clients of the grant project;

(6) establish a fund, which may not exceed the amount of the grant, to generate income for the program; or

(7) satisfy requirements under the grant program for matching contributions from the grantee.

(c) Except for grant income placed in a fund under (b)(6) of this section, the grantee must spend grant income in the grant period in which it is earned or during the succeeding 12 months. A grantee may use grant income only

(1) as specified in the terms of the grant; or

(2) with approval from the council.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.260 Audit requirements

The council will review audit reports received under 2 AAC 45.010 and will, in its discretion, within 60 days after receiving the report, question a cost incurred by a grantee. If the grantee fails to respond, or if the council determines that the response does not adequately explain or justify the questioned cost, the council will, in its discretion, require the grantee to refund to the council the amount of grant money used to pay the questioned cost. The grantee shall refund the amount in accordance with procedures specified by the council.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.270 Monitoring and evaluation

(a) A representative of the council may monitor and evaluate the performance and progress of a grant project. The grantee will have an opportunity to respond to the draft of the report before the report is made final.

(b) The council will, in its discretion, enter into a contract to provide for monitoring and evaluation of grantees under (a) of this section.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.280 Confidentiality

A grantee shall ensure the privacy of a person receiving services from the grantee, and shall preserve the confidentiality of client records, privileged communications under AS 25.35.100 - 25.35.150, and information pertaining to a person served by the grantee unless

(1) the person signs a release of information form;

(2) release of the information is required to protect the life or safety of a person; or

(3) release of the information is necessary for the grantee to comply with

(A) the provisions of AS 25.35.100 - 25.35.150; or

(B) a requirement under AS 47.17.020 or AS 47.24.010 to report child abuse or abuse of a vulnerable adult.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106; am 7/1/91, Register 118; am 7/1/95, Register 134

13 AAC 95.290 Retention of records

(a) A grantee and a subcontractor of a grantee under 13 AAC 95.220 shall retain grant and subcontract records, including records of the receipt and disposition of grant income, for a period of three years, with the following qualifications:

(1) the grantee or the subcontractor shall retain the records as long as an audit is in progress or as long as audit findings, litigation, or claims involving the records are pending;

(2) the grantee or the subcontractor shall retain records for non-expandable personal property of the grant project for three years after the final disposition of, or appropriate reimbursement for, that property to the state; and

(3) the retention period for each year's records begins at the date of submission to the council of the grantee's or subcontractor's annual or final financial status report or its equivalent.

(b) The provisions of (a) of this section do not apply to records transferred to or maintained by the council. The council will, in its discretion, request a transfer of the records described in (a) of this section to the custody of the council at any time during the retention period established in (a) of this section if the council determines that the records possess long-term retention value. The council will make arrangements with the grantee to retain records that are continually needed for joint access.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.300 Changes in approved grant project

(a) Before changing the service plan of a grant project from the terms of the grant award, a grantee must submit the proposed changes in writing to the council for approval. The council will notify the grantee of its decision within 30 days after receipt of the proposed changes.

(b) To change the beginning or ending dates of a grant period, a grantee must submit to the council for approval a written request for the change. Within 30 days after receipt of the request, the council will review the request and notify the grantee of its decision. The grantee may not use grant money to pay an expense incurred before the beginning date or after the ending date of the grant period unless payment of the expense is authorized under the terms of the grant and is authorized in writing by the council.

(c) If the director of a grant project relinquishes or expects to relinquish active direction of the grant project, the grantee shall immediately notify the council in writing. If the grantee wishes to terminate the grant project, the council will provide the grantee with procedural instructions. If the grantee wishes to continue the grant project, the grantee is responsible for selecting a replacement for the director. If the director of the grant project anticipates a temporary absence exceeding three months, the grantee shall notify the grant agency of the anticipated absence at least 30 days before the director's departure.

(d) Subject to (e) of this section, a grantee may reallocate money between budget categories within the total budget of the grant project to meet unanticipated expenses necessary to the successful continuation or completion of the grant project, if the expenses are authorized under the terms of the grant. A reallocation under this subsection between a direct-cost budget category and an indirect-cost budget category is permissible.

(e) The grantee must

(1) receive approval from the council before reallocating funding under (d) of this section in a manner that would increase any single budget category by more than 10 percent of that category or by more than $5,000, whichever is less; and

(2) notify the council within 30 days after reallocating an amount not subject to (1) of this subsection.

(f) In extraordinary circumstances, based on a showing of good cause by the grantee, the council will, in its discretion,

(1) waive the requirement under (e) of this section for advance approval of requests to reallocate money between budget categories; and

(2) approve a request for reallocation that is filed with the council after the reallocation has been made by the grantee.

(g) Notwithstanding (f) of this section, the council will not approve a request to reallocate money between budget categories that is filed after the ending date of the grant period.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106; am 7/1/91, Register 118

13 AAC 95.310 Purchasing practices and procedures

A grantee shall establish uniform purchasing practices and procedures for the procurement of goods and services. The practices and procedures must be acceptable to the council. The practices and procedures must provide that

(1) for purchases of non-expendable personal property, the grantee will require three competitive price quotations from potential suppliers;

(2) for the award of a contract for services over $5,000, a grantee must obtain at least three proposals, considering qualifications, resources, experience, and billing rates; for contracts under $5,000, competitive solicitation is not required but selection must be made with practices that are as competitive as possible under the circumstances; for services contracts for which it is beneficial to the program to maintain continuity, the grantee may go out to bid once every three years; and

(3) the grantee shall retain written records of price quotations in accordance with 13 AAC 95.290 and shall include in the written records

(A) specifications;

(B) suppliers' names and addresses; and

(C) the prices quoted; price quotations for nonexpendable personal property may be in the form of copies of listings in catalogs.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.320 Property management

(a) If a grantee acquires an interest in real property with money received from the grant, the grantee must negotiate property management terms with the council.

(b) Before a grantee may use money received from a grant to purchase non-expendable personal property, the acquisition cost of the property must be included in the budget, or in an amendment to the budget, of the grant project which was approved by the council. In this subsection, "acquisition cost" means

(1) the cost of the non-expendable personal property and the cost of necessary accessories; and

(2) ancillary charges, such as duty, taxes, transportation, protective in-transit insurance, and installation fees if the inclusion of those charges is in accordance with the grantee's regular accounting practices.

(c) Title to property purchased under (b) of this section vests in the grantee upon acquisition, subject to the right of the council to transfer title to the property to the state or to another person or legal entity if

(1) the council did not waive its right to transfer title to property under this subsection under the terms of the grant;

(2) the grantee no longer has need for the property in the grant project for which it was acquired, or the grant project or that part of the grant project for which the property was acquired is being transferred to another grantee;

(3) no later than 120 days after the completion or termination of the grant or 120 days after the date of an appeal decision under 13 AAC 95.350, if applicable, whichever is later, the council provides written notice to the grantee of its intent to transfer the property; and

(4) the council reimburses the grantee for the property in accordance with (d) of this section.

(d) The council will compute the amount of reimbursement under (c)(4) of this section by applying the percentage of the total cost of the grant project contributed to the grant project by the grantee for the budget period in which the property was acquired to the current fair market value of the property. The council will also reimburse the grantee for reasonable shipping and storage costs incurred in connection with the transfer of the property.

(e) Except when the council has exercised the right to transfer title under (c) of this section, a grantee shall retain property purchased under (b) of this section in the grant project as long as the property is needed for successful accomplishment of an objective of the grant project. During that time, the grantee shall make the property available for use in other activities conducted by the grantee with financial assistance from the state as long as this use does not interfere with the grant project. Among the other activities, the grantee shall give priority to the use of the property in an activity receiving financial assistance from the council.

(f) If a grantee no longer needs property purchased under (b) of this section in the grant project, the grantee may retain the property if the grantee compensates the state. The council will compute the amount of compensation by applying the percentage of the total cost of the grant project contributed to the grant project by the council for the budget period in which the property was acquired to the current fair market value of the property. If the grantee does not wish to retain the property, the grantee shall request disposition instructions from the council. The council will, in its discretion, instruct the grantee to

(1) ship the property elsewhere; or

(2) sell the property in accordance with procedures specified by the council.

(g) The council will reimburse a grantee for a disposition of property under (f)(1) of this section in an amount determined in accordance with (d) of this section.

(h) A grantee shall reimburse the council for a disposition of property under (f)(2) of this section in an amount determined in accordance with the procedure described in (f) of this section for the retention of property by a grantee. However, the grantee may deduct from the amount of reimbursement 10 percent of the proceeds of the sale of each piece of property.

(i) A grantee shall maintain accurate property records as well as effective inventory, control, and maintenance procedures for non-expendable personal property. These records must include the following information:

(1) a description of the property and the manufacturer's serial number or other identification number;

(2) the grant program under which the property was acquired;

(3) the acquisition date and cost of the property;

(4) the percentage of the total cost of the grant project contributed to the grant project by the council for the budget period in which the property was acquired;

(5) the location, use, and condition of the property, and the date on which that information was recorded; and

(6) the disposition of the property, including the date of its disposal and its sales price or the method used to determine its current fair market value.

(j) A grantee shall take an inventory of non-expendable personal property of the grant project and must reconcile the results of the inventory with the property records maintained under (i) of this section at the end of the grant period to verify the existence, current use, and continued need for the property.

(k) A grantee shall provide a copy of the updated inventory list described in (i) and (j) to the council on an annual basis on a date specified by the council.

(l) A grantee shall maintain a control system to ensure adequate safeguards to prevent loss, damage, or theft of non-expendable personal property of the grant project. The control system must include procedures for maintaining oversight of the equipment, sign-out procedures, periodic review of the condition of the equipment and obtaining needed repairs, and otherwise ensuring that the equipment is usable and is not lost or stolen. A grantee shall provide for the investigation and full documentation of a loss, damage, or theft of non-expendable personal property of the grant project.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.330 Suspension and termination

(a) If a grantee fails to comply with the terms of a grant or of this chapter, the council will, in its discretion, no sooner than 15 days after providing the grantee with written notice of the failure to comply, suspend the grant. A grantee may not use grant money to pay an obligation incurred during the period of the suspension; however, the grantee may pay an obligation incurred before the period of suspension if the grantee obtains the approval of the council and if payment of the obligation would otherwise be allowed under this chapter or under the terms of the grant. A suspension under this subsection remains in effect until

(1) the grantee takes corrective action and gives assurance of the corrective action satisfactory to the council,

(2) the grantee successfully appeals the suspension, or

(3) the council or grantee terminates the grant.

(b) The council will, in its discretion, terminate a grant, in whole or in part, before the end of the grant period if the grantee fails to comply with the terms of the grant or of this chapter. The council will notify the grantee in writing at least 30 days before the termination. The notice will state the reasons for the termination, the effective date, and the portion of the grant to be terminated if the termination is partial. The council will, in its discretion, make necessary arrangements for managing the grant before the effective date of the termination and for closing the grant.

(c) The council will, in its discretion, terminate a grant, in whole or in part, before the end of the grant period, with the consent of the grantee.

(d) A grantee may terminate a grant, in whole or in part, before the end of the grant period upon written notification to the council stating the reasons for the termination, the effective date, and the portion of the grant to be terminated if the termination is partial.

(e) If a grant is terminated, payments to the grantee or recovery of money by the council will be made in accordance with the rights and liabilities of the grantee and the council. The grantee may not incur new obligations to be paid with money from a terminated grant or the terminated portion of a grant after receiving notice of the termination of the grant. The grantee shall make a reasonable effort to cancel as many as possible of the grantee's outstanding obligations that, but for the termination, would be payable, in whole or in part, with money from the grant. However, to the extent that the grantee cannot cancel those obligations, the council will, in its discretion, provide for payments to the grantee to satisfy that part of an obligation that, but for the termination, would be payable with money from the grant, if the obligation was properly incurred before the grantee received notice of the termination.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.340 State liability

The state, including its officers, agents, and employees, is not liable for an act of, or a failure to act by, a grantee, which results in damage or injury to the grantee, an employee of the grantee, or another person, or to property of the grantee, an employee of the grantee, or another person.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.350 Appeals procedures

(a) An applicant or grantee may appeal the following decisions under this section:

(1) a final decision regarding funding under 13 AAC 95.070(d);

(2) a decision to withhold a payment under 13 AAC 95.230(c);

(3) a decision of the council to require a refund of grant money under 13 AAC 95.260; and

(4) a decision to suspend or terminate a grant under 13 AAC 95.330.

(b) An applicant or grantee who wishes to appeal a decision must submit, within 15 days after receipt of notification of the decision, a written request for a hearing. The request must contain the reasons for the request and must cite the law, regulation, or council policy or procedure upon which the request is based.

(d) The appeals committee will be composed of the chair and two other council members chosen by council members at a meeting before the council's funding meeting.

(e) The appeals committee will review the request for a hearing, and, within 15 days after receipt of the request, will advise the appellant of acceptance or rejection of the request for hearing and, if the request is rejected, the reason for the rejection.

(f) If the request for a hearing is accepted, the appeals committee will request the governor to appoint a hearing officer and will schedule a hearing for the earliest practicable time, but not later than 20 days after the acceptance. The committee will, in the committee's discretion, arrange for the hearing to be held by teleconference network.

(g) The hearing officer shall submit a transcript of the hearing, any written testimony, and a written recommendation, to the appeals committee, which will make the final decision on the appeal.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

13 AAC 95.900 Definitions

Unless the context indicates otherwise, in this chapter

(1) "applicant" includes a local community entity as described in AS 18.66.060;

(2) "approval" means a written agreement or permission to proceed, signed by an authorized representative of the council, in response to a written request from the grantee or applicant for approval of a proposed action;

(3) "budget" means the financial expenditure plan of a grant project approved by the council, and includes money awarded under the grant program and any other financing used for the grant project;

(4) "chair" means the chair of the Council on Domestic Violence and Sexual Assault;

(5) "council" means the Council on Domestic Violence and Sexual Assault;

(6) "final state budget" means the total operating budget for the government of the State of Alaska;

(7) "grant" means an award of financial or direct assistance by the council to an eligible applicant based on review and approval of an application setting out a proposed activity or service;

(8) "grant income" means income earned by a grant project during the grant period, including proceeds from the sale of products or services, payments received for services, fees received for personal services, proceeds from the sale of assets of the grant project, interest earned on grant money placed in interest-bearing accounts, and royalties from copyrights or publications;

(9) "grant period" means the time period for which the grantee has been awarded a grant;

(10) "grant project" means those aspects of a grantee's activities which are funded, in whole or in part, by a council grant;

(11) "grantee" means the person or other legally accountable entity that received a grant;

(12) "indirect cost" means a cost which, because of its incurrence for common or joint objectives, is not readily subject to treatment as a direct cost;

(13) "non-expendable personal property" means

(A) an article of tangible personal property that is complete in itself, is of a durable nature, has an expected useful life of more than one year, and has an acquisition cost, as defined in 13 AAC 95.320(b), of $500 or more; or

(B) intangible personal property, such as patents, inventions, and copyrights;

(14) "personal property" means property other than real property;

(15) "real property" means land, land improvements, and structures and appurtenances located on land other than moveable machinery and equipment;

(16) "subcontract" means a contract between a grantee and another person or agency to perform one or more of the services that are to be performed as a part of the grant;

(17) "true lease" means a lease other than one

(A) under which ownership of the property is transferred to the lessee under the terms of the lease, by the end of the lease term;

(B) that contains an option to buy the property at a price less than the fair market value of the property;

(D) under which the present value of the total payments made by the lessee under the lease is 90 percent or more of the fair market value of the property, less the amount of investment tax credits to be retained by the lessor under 26 U.S.C. 38 during the term of the lease; the valuation date for this purpose is the date of the lease agreement or the date of a commitment to enter into a lease agreement, whichever is earlier.

History

Authority: AS 18.66.050
Eff. 6/25/88, Register 106

Part 8 Village Public Safety Officer Program

Chapter 96 Village Public Safety Officer Program

Article 1 Powers and Duties of the Department

13 AAC 96.010 Powers and duties of the department

(a) The provisions of this chapter apply to the award of grants to a grant recipient to provide participating villages with public safety, including village public safety officers and supporting positions, services, equipment, and facilities that advance rural public safety. For the purposes of this chapter, a "grant recipient" means a nonprofit regional corporation, an Alaska Native organization, or a regional municipality authorized to receive grant funds in AS 18.65.670(b).

(b) The department

(1) will review proposals for regional grants to provide village public safety officer programs;

(2) will monitor compliance with the terms of the grants, agreements of the village public safety officer program, and with the regulations in this chapter;

(3) may allow grant recipients spending flexibility and discretion to achieve public safety objectives in the region;

(4) will consult with a grant recipient and a village regarding village public safety officer programs and mediate disputes between the grant recipient and the village, if mediation is practical;

(5) will consult with and provide operational oversight to village public safety officers and provide technical assistance and advice on matters relating to public safety and law enforcement;

(6) may conduct background investigations into the qualifications and personal history of applicants for village public safety officer positions; and

(7) may provide training and equipment to village public safety officers.

History

Authority: AS 18.65.670
Eff. 8/18/95, Register 135; am 2/4/2024, Register 249

Article 2 Corporation and Village Participation

13 AAC 96.020 Grant applications

A regional corporation or Alaska Native organization may apply to participate in the village public safety officer program by submitting a written application to the department to provide village public safety officers as provided in AS 18.65.670. After at least one officer is assigned to one or more villages, either directly or by roving assignment, a grant recipient may apply for additional supporting positions, services, equipment, and facilities to support expansion of the program within the region that the grantee serves. The grant recipient shall submit a grant application annually.

History

Authority: AS 18.65.670
Eff. 8/18/95, Register 135; am 2/4/2024, Register 249

13 AAC 96.030 Department agreements with corporations

The department will not provide grant money to a grant recipient until the grant recipient enters into a written agreement with the department. The agreement must include the following terms:

(1) all the terms as set out in AS 18.65.670(d)(1) - (4); and

(2) a provision by which the corporation agrees to indemnify and hold harmless the State of Alaska, and officers, employees, and agents of the State of Alaska for an act or omission in the administration of the village public safety officer program or in the monitoring, assisting, or training of a village public safety officer.

History

Authority: AS 18.65.670
Eff. 8/18/95, Register 135; am 2/4/2024, Register 249

13 AAC 96.040 Administration by grant recipient

(a) In each community or village that maintains a village public safety officer, a grant recipient shall ensure that the village public safety officer has

(1) office space;

(2) a telephone, facsimile, or cellular service that includes long distance service; and

(3) a facility to temporarily hold individuals who are under arrest in a safe and secure manner.

(b) Expenses incurred under this section shall not be the responsibility of the officer.

History

Authority: AS 18.65.670
Eff. 8/18/95, Register 135; am 3/28/2014, Register 209; am 2/4/2024, Register 249

13 AAC 96.050 Grant recipient agreements with villages

A grant recipient may use grant money to acquire, improve, or maintain facilities for a village public safety officer or employ such officers for a village only after the village, through its governing body, enters into a written agreement with the grant recipient. The agreement must

(1) be comparable to agreements that the grant recipient has made with other villages in the region that the grant recipient serves;

(2) require that the grant recipient and the village comply with this chapter and with state and federal law; and

(3) set out a public safety program objective and specific job descriptions for village public safety officers that include the duties and responsibilities that the grant recipient and the village expect an officer to perform.

History

Authority: AS 18.65.670
Eff. 8/18/95, Register 135; am 2/4/2024, Register 249

13 AAC 96.060 Termination of grants

(a) The department may terminate a grant in whole or in part to a grant recipient before the end of the grant period if the grant recipient

(1) fails to comply with a provision of

(A) this chapter or with state or federal law; or

(B) an agreement relating to the village public officer program between the

(i) department and the grant recipient; or

(ii) grant recipient and the village; or

(2) has village public safety officer position vacancies for an extended period during the contract period.

(b) If terminating a grant in whole or in part, the department will provide 30-day written advance notice to the grant recipient and the affected village stating the reasons for the termination, the effective date, and, if the termination is partial, the portion of the grant to be terminated.

(c) If a grant or portion of a grant is terminated under this section, the department is entitled to reimbursement of the grant money that covers the period following the termination.

(d) A grant recipient may terminate a grant as provided by the terms of the grant or by the terms of the agreement between the grant recipient and the village.

(e) After consultation with a grant recipient, the department may reapportion available unobligated funds to support the other priorities within the program.

History

Authority: AS 18.65.670
Eff. 8/18/95, Register 135; am 2/4/2024, Register 249

Article 3 Minimum Standards, Training, and Certification

13 AAC 96.080 Village public safety officer qualifications

(a) A grant recipient may not use grant money to employ an applicant as a village public safety officer unless the applicant

(1) meets the criteria as set out in AS 18.65.672;

(2) receives a physical examination from a licensed physician, advanced practice registered nurse, or physician assistant before attending a basic training program prescribed under AS 18.65.676 and submits, on a medical record form supplied by the department, a certification from that licensed physician, advanced practice registered nurse, or physician assistant that the applicant individual

(A) does not have a physical or hearing condition that would adversely affect the performance of the powers and duties of a village public safety officer;

(B) has normal color discrimination, normal binocular coordination, normal peripheral vision, and corrected visual acuity of 20/30 or better in each eye; and

(C) does not have a mental or emotional condition that would adversely affect the performance of the powers and duties of a village public safety officer;

(3) certifies the applicant has not been convicted, by a civilian court of this state, the United States, or another state or territory, or by a military court, of one or more of the following offenses, specified in AS 18.65.672, including an offense with substantially similar elements to such an offense under Alaska law;

(4) certifies the applicant has not been discharged, or resigned under threat of discharge, from employment as a village public safety officer, village police officer, or police officer in this state or any other state or territory for conduct that would cause a reasonable person to have substantial doubt about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States or that is detrimental to the integrity of the police department where the police officer worked.

History

Authority: AS 18.65.670; AS 18.65.672; AS 18.65.674
Eff. 8/18/95, Register 135; am 2/4/2024, Register 249

13 AAC 96.090 Personnel and training records

Repealed.

History

Eff. 8/18/95, Register 135; repealed 2/4/2024, Register 249

13 AAC 96.100 Village public safety officer basic training

A village public safety officer basic training program must provide public safety related instruction as required by AS 18.65.676.

History

Authority: AS 18.65.670; AS 18.65.676
Eff. 8/18/95, Register 135; am 2/4/2024, Register 249

13 AAC 96.105 Firearms training

Repealed.

History

Eff. 3/28/2014, Register 209; repealed 2/4/2024, Register 249

13 AAC 96.110 Village public safety officer certification

Repealed.

History

Eff. 8/18/95, Register 135; repealed 2/4/2024, Register 249

13 AAC 96.120 Denial, revocation, and lapse of certificates

Repealed.

History

Eff. 8/18/95, Register 135; repealed 2/4/2024, Register 249

Article 4 Definitions

13 AAC 96.900 Definitions

In this chapter, unless the context requires otherwise,

(1) "department" means the Department of Public Safety;

(2) "governing body" means the elected city council, IRA council, traditional council, or elders council that the state recognizes as having governmental functions and enters into a memorandum of agreement with the grant recipient;

(3) "village" means a community with a population of less than 2,500 individuals based on the most recent federal census;

(4) "village public safety officer program" means the efforts, including personnel, services, and infrastructure, intended to address public safety challenges encountered in rural Alaska villages, to include search and rescue and missing persons, structural and wildland fire prevention and suppression, parole and probation enforcement, public safety education, emergency medical services, law enforcement and other related functions necessary to preserve the public peace.

History

Authority: AS 18.65.670
Eff. 8/18/95, Register 135; am 2/4/2024, Register 249