8 AAC — Labor and Workforce Development

Part 1 Industrial Welfare

Chapter 05 Child Labor

Article 1 Employment of Minors 14 and 15 Years of Age

8 AAC 05.010 Prohibited occupations {#sec-8-aac-05.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.010}

Employment of minors 14 and 15 years of age is prohibited in the following occupations:

(1) manufacturing, mining, or processing occupations, including occupations requiring the performance of any duties in work rooms or work places where goods are manufactured, mined, or otherwise processed;

(2) occupations which involve the operation or tending of hoisting apparatus or of any power-driven machinery other than office machines;

(3) the operation of motor vehicles or service as helpers on such vehicles;

(4) repealed 4/23/77;

(5) public messenger service;

(6) occupations in or about canneries or other seafood processing plants or establishments involving cutting, slicing, or butchering; work involved in the operation of any floating plant, which includes the loading and unloading of boats, barges, or scows;

(7) work performed in or about boiler or engine rooms or retorts;

(8) work in connection with maintenance or repair of the establishments, machines, or equipment;

(9) outside window washing that involves working from windowsills, and all work requiring the use of ladders or scaffolds or their substitutes;

(10) occupations which involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers;

(11) work in freezers and meat coolers and all work in the preparation of meats for sale;

(12) loading and unloading goods to or from trucks, railroad cars, or conveyors;

(13) all occupations in warehouses except office and clerical work;

(14) occupations involving the use of sharpened tools;

(15) except for office or sales work in connection with these occupations, which work is permitted, occupations in connection with

(A) transportation of persons or property by rail, highway, air, water, pipeline, or other means;

(B) warehousing and storage;

(D) construction (including demolition and repair).

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 4/23/77, Register 62; am 6/4/82, Register 82

8 AAC 05.020 Permissible occupations {#sec-8-aac-05.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.020}

Employment of minors 14 and 15 years of age is permitted in the following:

(1) office and clerical work, including the operation of office machines;

(2) cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping;

(3) price marking and tagging by hand or by machine, assembling orders, packing, and shelving;

(4) bagging and carrying out customer orders;

(5) errand and delivery work by foot, bicycle, and public transportation;

(6) cleanup work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds including the use of power-driven monofilament cutters, but not including the use of power-driven mowers or power-driven cutters with metal blades;

(7) work in connection with cars and trucks if confined to the following: dispensing gasoline and oil, courtesy service, car cleaning, washing and polishing, and other occupations permitted by this section, but not including work involving

(A) the use of a pit, rack, or power-operated lifting apparatus;

(B) the operation of a pneumatic tire machine;

(D) dispensing propane;

(8) cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing, and stocking goods.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 6/4/82, Register 82; am 7/30/99, Register 151; am 3/2/2008, Register 185

8 AAC 05.030 Periods and conditions of employment {#sec-8-aac-05.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.030}

(a) Except for enrollees in work training, apprenticeship, vocational education and other programs approved by the commissioner, employment of minors aged 14 or 15 must be confined to the periods and limitations set forth in AS 23.10.340.

(b) Work training during school hours will be permitted for minors aged 14 through 17 if the employer has on file an unrevoked written statement from the minor's school coordinator or the coordinator's representative setting out the periods during which the minor may work and certifying that the employment will be confined to those periods and will not interfere with the health and well-being of the minor. The writing must also contain a statement signed by the principal of the minor's school stating that the employment will not interfere with the minor's schooling.

History

Authority: AS 23.05.060; AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 4/23/77, Register 62; am 7/30/99, Register 151

Article 2 Employment of Minors Under 18 Years of Age

8 AAC 05.040 General {#sec-8-aac-05.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.040}

(a) Nothing in this section authorizes noncompliance with any federal or state law or regulation, or municipal ordinance establishing a higher standard. If more than one standard within this section applies to a single activity the higher standard is applicable.

(b) An exception for apprentices applies only when

(1) the apprentice is employed in a craft recognized as an apprenticeable trade;

(2) the work of the apprentice in the occupations declared particularly hazardous is incidental to the training;

(3) that work is intermittent and for short periods of time and is under the direct and close supervision of a journeyman as a necessary part of such apprentice training; and

(4) the apprentice is registered by the United States Department of Labor, Office of Apprenticeship, or is registered by a state agency as employed in accordance with the standards of state apprenticeship and training approved by the commissioner of labor and workforce development, or is employed under a written apprenticeship agreement and conditions that are found by the commissioner of labor and workforce development to conform substantially with those federal or state standards.

(1) the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school; and

(2) the student-learner is employed under a written agreement which provides that

(A) the work of the student-learner in the occupations declared particularly hazardous will be incidental to the training;

(B) the work will be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person;

(D) a schedule of organized and progressive work processes to be performed on the job will have been prepared; and

(3) each written agreement contains the name of the student-learner, and is signed by the employer and the school coordinator or principal.

(d) Copies of each agreement covered by (c) of this section must be kept on file by both the school and the employer. This exemption for the employment of student-learners will, in the department's discretion, be revoked in any individual case if it is found that reasonable precautions have not been observed for the safety of minors employed under the agreement. A high school graduate who has completed training as provided in (c) of this section as a student-learner, may be employed in that occupation in which the student-learner training was completed, even though the graduate is not yet 18 years of age.

(e) The state, political subdivisions of the state, and employers who only employ minors enrolled in work-training apprenticeship, vocational education, and other programs approved by the commissioner are exempt from the requirements of AS 23.10.332.

(f) Minors who have been emancipated for general purposes under AS 09.55.590 are exempt from the requirements of AS 23.10.332.

(g) The wage prescribed for minors who work less than 30 hours in a workweek may not be less than the prevailing federal minimum wage. This provision, however, is not applicable to those exemptions otherwise provided for in AS 23.10.055(1) - (10).

History

Authority: AS 23.10.332; AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 6/4/82, Register 82; am 7/30/99, Register 151; am 8/12/2018, Register 227

8 AAC 05.045 Work permits {#sec-8-aac-05.045 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.045}

(a) Except as provided in AS 23.10.332(c), and in (b) and (c) of this section, a minor under 17 years of age may not be employed until a work permit has been issued to the minor by the commissioner under this section. An applicant for a work permit under this subsection must submit

(1) a completed application on a form provided by the department;

(2) repealed 11/16/2012;

(3) proof of legal guardianship if the form is signed by a person other than the minor's parent.

(b) Under AS 23.10.332(c), instead of complying with (a) of this section an employer may submit a request, on a form provided by the department, to the commissioner for a written authorization of the commissioner for specific job duties to be performed by a minor who is at least 14 years of age, but under 17 years of age. The request must include

(1) a description of the job, including tools, equipment, or machinery to be used by the minor;

(2) a list of specific duties to be performed by the minor;

(3) a declaration of the age groups to be employed by the employer;

(4) a description of the hours during which a minor may be employed by the employer; and

(5) any other applicable information required by the commissioner to determine that the proposed job duties are permitted.

(c) If specific job duties are authorized by the commissioner under (b) of this section, the employer may hire a minor in the age group for which the duties have been authorized without the minor obtaining a work permit under (a) of this section if

(1) before the minor begins work, the employer obtains a written consent from the minor's parent or guardian on a form provided by the department; the written consent must include proof of legal guardianship if it is signed by a person other than the minor's parent;

(2) within seven calendar days after hiring the minor, the employer submits to the department a copy of the written consent of the parent or guardian; the employer must maintain a copy of the written consent at the physical location where the minor is employed; and

(3) the duties are not changed unless prior written authorization has been obtained from the commissioner.

(d) Under this section, proof of legal guardianship includes a

(1) general power of attorney appointing guardianship of the minor to an individual;

(2) power of attorney to an individual that specifically includes authorization regarding employment of the minor;

(3) marriage license and proof that the spouse of the minor is at least 18 years of age;

(4) state court award of guardianship of the minor to an individual;

(5) court order making the minor a ward of the state.

History

Authority: AS 23.10.332; AS 23.10.350; AS 23.10.360
Eff. 11/23/2003, Register 168; am 11/16/2012, Register 204

8 AAC 05.050 Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components {#sec-8-aac-05.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.050}

(a) Occupations, including sales, in or about plants or establishments manufacturing, selling, or storing fireworks, explosives, ammunition, or articles containing explosive components are dangerous and prohibited to minors.

(b) Notwithstanding (a) of this section, minors may be employed on the premises of a retail establishment that sells ammunition or articles containing explosive components if the employment does not involve the handling, stocking, or sales of these items.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 6/4/82, Register 82; am 7/30/99, Register 151

8 AAC 05.060 Motor vehicle driver and outside helper {#sec-8-aac-05.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.060}

(a) The occupations of motor vehicle driver and outside helper are dangerous and prohibited to minors. Minors may not, in the course of their employment, drive automobiles or trucks on public roadways, in or about any

(1) mine, including an open pit or quarry;

(2) place where logging or sawmill operations are located; or

(3) excavation.

(b) Notwithstanding (a) of this section, minors who are 17 years of age may drive automobiles or trucks on public roadways in the course of their employment only if the

(1) driving is restricted to daylight hours;

(2) minor holds a state license valid for the type of driving involved in the job performed and has no records of a violation of traffic laws, excluding equipment violations, at the time of hire or during the period of employment;

(3) the minor has successfully completed a driver education course approved by the state under AS 28.17;

(4) automobile or truck is equipped with seat belts for the driver and passengers and the minor's employer has instructed the minor that the seat belts must be used by the driver and passengers when driving the automobile or truck in the course of employment;

(5) the minor's automobile or truck does not exceed 6,000 pounds of gross vehicle weight;

(6) driving does not involve

(A) the towing of vehicles;

(B) route deliveries or route sales;

(i) property, including goods; or

(ii) passengers;

(D) urgent, time-sensitive deliveries;

(E) except for transporting of employees of the employer, more than two trips away from the minor's primary place of employment in a single day for each of the following purposes of

(i) delivering property, including goods, of the minor's employer to a customer that are not urgent time-sensitive deliveries; or

(ii) transporting passengers, if the transportation is not for hire;

(F) transporting more than three passengers, including employees of the employer; or

(G) driving beyond a 30-mile radius from the minor's place of employment; and

(7) driving is only occasional and incidental to the minor's employment.

(1) "occasional and incidental" means no more than one-third of a minor's work time in a workday and no more than 20 percent of a minor's work time in a workweek;

(2) "traffic laws" means statutes, regulations, and municipal ordinances governing the driving or movement of vehicles.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 7/30/99, Register 151

8 AAC 05.070 All occupations in connection with mining {#sec-8-aac-05.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.070}

All occupations in connection with mining are considered dangerous and prohibited to minors, except the following:

(1) work in offices, in the warehouse or supply house, in the change house, in the laboratory, and in repair or maintenance shops not located underground;

(2) work in the operation and maintenance of living quarters;

(3) work outside the mine in surveying, in the repair and maintenance of roads, and in general cleanup about the mine property such as clearing brush and digging drainage ditches.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.080 Logging occupations {#sec-8-aac-05.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.080}

All occupations in logging are dangerous and prohibited to minors, except the following:

(1) work in offices or in repair or maintenance shops;

(2) work in the construction, operation, repair, or maintenance of living and administrative quarters of logging camps;

(3) work in timber cruising, surveying, or logging-engineering parties; work in the repair or maintenance of roads, railroads, or flumes; work in forest protection, such as clearing fire trails or roads, piling and burning trash, maintaining fire-fighting equipment, constructing and maintaining telephone lines, or acting as fire lookout or fire patrol. The provisions of this paragraph shall not apply to the felling or bucking of timber, the collecting or transplanting of logs, the operation of power-driven machinery, the handling or use of explosives, and work on trestles.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 7/30/99, Register 151

8 AAC 05.090 Occupations in the operation of a sawmill, lath mill, shingle mill, or cooperage-stock mill {#sec-8-aac-05.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.090}

(a) All occupations in the operation of a sawmill, lath mill, shingle mill, or cooperage-stock mill are dangerous and prohibited to minors, except the following:

(1) work in office or in repair or maintenance shops;

(2) straightening, marking, or tallying lumber on the dry chain or the dry shop sorter;

(3) pulling lumber from the dry chain;

(4) cleanup in the lumberyard;

(5) piling, handling, or shipping of cooperage-stock in yards or storage sheds other than operating or assisting in the operation of power-driven equipment;

(6) clerical work in yards or shipping sheds, such as done by ordermen, tallymen, and shipping clerks;

(7) cleanup work outside shake and shingle mills, except when the mills are in operation;

(8) splitting shakes manually from pre-cut and split blocks with a froe and mallet, except inside the mill building or cover;

(9) packing shakes into bundles when done in conjunction with splitting shakes manually with a froe and mallet, except inside the building or cover;

(10) manual loading of bundles of shingles or shakes into trucks or railroad cars, if the employer has on file a statement from a licensed doctor of medicine or osteopathy certifying the minor capable of performing this work without injury.

(b) The exceptions in this section do not apply to a portable sawmill the lumberyard of which is used only for the temporary storage of green lumber and in connection with which no office or repair or maintenance shop is ordinarily maintained.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 7/30/99, Register 151

8 AAC 05.100 Occupations involved in the operation of power-driven woodworking machines {#sec-8-aac-05.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.100}

The following occupations involving the operation of power-driven woodworking machines are dangerous and prohibited to minors:

(1) the occupation of operating power-driven woodworking machines, including supervising or controlling the operation of these machines, feeding material into these machines, and helping the operator to feed material into these machines, but not including the placing of material on a moving chain or in a hopper or slide for automatic feeding;

(2) the occupations of setting up, adjusting, repairing, oiling, or cleaning power-driven woodworking machines;

(3) the occupations of off-bearing from circular saws and from guillotine-action veneer clippers.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.110 Exposure to radioactive substances and to ionizing radiations {#sec-8-aac-05.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.110}

Occupations involving exposure to radioactive substances and to ionizing radiations are dangerous and prohibited to minors.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.115 Occupations involving exposure to bloodborne pathogens {#sec-8-aac-05.115 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.115}

Occupations in hospitals, clinics, dental, orthodontic, or other medical or dental offices that involve exposure to bloodborne pathogens are hazardous and prohibited to minors, unless the minor is

(1) at least 16 years of age and is enrolled in or has successfully completed a state-certified nursing training course or a health care career program in conjunction with a high school, either as part of the curriculum or through a school-to-work partnership between the school district and an employer or group of employers; or

(2) 17 years of age and is enrolled in or has successfully completed a health care career program approved by the commissioner that is offered by a training facility other than a school.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 7/30/99, Register 151; am 3/2/2008, Register 185; am 8/12/2018, Register 227

8 AAC 05.120 Occupations involved in the operation of power-driven hoisting apparatus {#sec-8-aac-05.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.120}

The following occupations involved in the operation of power-driven hoisting apparatus are dangerous and prohibited to minors:

(1) operating an elevator, crane, derricks, hoist, or high-lift truck, except operating an unattended automatic passenger elevator or an electric or air-operated hoist not exceeding one ton capacity;

(2) work which involves riding on a manlift or on a freight elevator, except a freight elevator operated by an assigned operator;

(3) assisting in the operation of a crane, derrick, or hoist performed by crane hookers, crane chasers, hookers-on, riggers, rigger helpers, and like occupations.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.130 Occupations involved in the operations of power-driven metal forming, punching and shearing machine {#sec-8-aac-05.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.130}

The following occupations are dangerous and prohibited to minors:

(1) the occupations of operator of or helper on the following power-driven metal forming, punching, and shearing machines

(A) all rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls, and hot or cold rolling mills;

(B) all pressing or punching machines, such as punch presses except those provided with full automatic feed and ejection and with a fixed barrier guard to prevent the hands or finger of the operator from entering the area between the dies, power presses, and plate punches;

(D) all hammering machines, such as drop hammers and power hammers;

(E) all shearing machines, such as guillotine or squaring shears, alligator shears, or rotary shears; and

(F) in welding, brazing or the operation of abrasive wheels.

(2) the occupations of setting-up, adjusting, repairing, oiling, or cleaning these machines including those with automatic feed and ejection.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.140 Occupations involving slaughtering, meat packing or processing, or rendering {#sec-8-aac-05.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.140}

Occupations in or about slaughtering and meat packing establishments, rendering plants, or wholesale, retail or service establishments are dangerous and prohibited to minors.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.150 Occupations involved in the operation of bakery machines {#sec-8-aac-05.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.150}

The following occupations involved in the operation of power-driven bakery machines are dangerous and prohibited to minors:

(1) the occupations of operating, assisting to operate, or setting-up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer, batter mixer, bread dividing, rounding, or molding machine, dough brake, dough sheeter; combination bread slicing and wrapping machine or cake cutting band saw;

(2) the occupation of setting up or adjusting a cookie or cracker machine.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.160 Occupations involved in the operation of paper-products machines {#sec-8-aac-05.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.160}

The following occupations are dangerous and prohibited to minors:

(1) the occupations of operating or assisting to operate any of the following power-driven paper-products machines:

(A) arm-type wire stitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single-or-double-facing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap-paper baler, or vertical slotter;

(B) platen die-cutting press, platen printing press, or punch press which involves hand feeding of the machine;

(2) the occupations of setting-up, adjusting, repairing, oiling, or cleaning these machines including those which do not involve hand feeding.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.170 Occupations involved in the manufacture of brick, tile and kindred products {#sec-8-aac-05.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.170}

Occupations involved in the manufacture of clay construction products and of silica refractory products are dangerous and prohibited to minors.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.180 Occupations involved in the operations of circular saws, band saws, and guillotine shears {#sec-8-aac-05.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.180}

The following occupations are dangerous and prohibited to minors:

(1) the occupations of operator of or helper on the following power-driven fixed or portable machines except machines equipped with full automatic feed and ejection:

(A) circular saws;

(B) band saws;

(2) the occupations of setting-up, adjusting, repairing, oiling, or cleaning circular saws, band saws, and guillotine shears.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 6/4/82, Register 82

8 AAC 05.190 Occupations involved in wrecking, demolition, and shipbreaking operations {#sec-8-aac-05.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.190}

All occupations in wrecking, demolition, and shipbreaking operations are dangerous and prohibited to minors.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.200 Occupations in roofing operations {#sec-8-aac-05.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.200}

All occupations in roofing operations are dangerous and prohibited to minors.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.210 Occupations in excavation operations {#sec-8-aac-05.210 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.210}

The following occupations in excavation operations are dangerous and prohibited to minors:

(1) excavating, working in, or backfilling (refilling) trenches except

(A) manually excavating or manually backfilling trenches that do not exceed four feet in depth at any point; or

(B) working in trenches that do not exceed four feet in depth at any point;

(2) excavating for buildings or other structures or working in such excavations, except

(A) manually excavating to a depth not exceeding four feet below any ground surface adjoining the excavation; or

(B) working in an excavation not exceeding such depth; or

(3) working within tunnels prior to the completion of all driving, and shoring operations;

(4) working within shafts prior to the completion of all sinking and shoring operations.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.220 Child Labor {#sec-8-aac-05.220 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.220}

Repealed 4/23/77.

8 AAC 05.230 Occupations in connection with the installation, operation or maintenance of electrical equipment, outside erection and repair of electrical wires, and meter testing {#sec-8-aac-05.230 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.230}

Work in connection with the installation, operation or maintenance of electrical equipment energized at voltages exceeding 220, the outside erection and repair of any electrical wires including telegraph and telephone lines, and meter testing is dangerous and prohibited to minors.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48

8 AAC 05.240 Occupations in any pool or billiard room or other premises prohibited to minors by statute or ordinance {#sec-8-aac-05.240 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.240}

Repealed 6/4/82.

8 AAC 05.250 Occupations in any industry where a strike or lockout is in progress {#sec-8-aac-05.250 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.250}

Repealed 6/4/82.

8 AAC 05.260 Permissible occupations on fishing boats {#sec-8-aac-05.260 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.260}

Employment of minors between 16 and 17 years of age is permitted aboard fishing boats unless otherwise prohibited under this chapter or AS 23.10.350.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 6/4/82, Register 82

8 AAC 05.265 Occupations involved in canvassing, peddling, door-to-door solicitation or sales {#sec-8-aac-05.265 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.265}

Occupations involved in canvassing, peddling, solicitation of door-to-door contributions, or acting as an "outside salesman" as defined in 8 AAC 15.910, from house to house are dangerous and prohibited to minors.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 5/13/89, Register 110

Article 3 Certificates of Age

8 AAC 05.270 Application for exemption {#sec-8-aac-05.270 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.270}

Repealed 6/4/82.

8 AAC 05.280 Certificates of age {#sec-8-aac-05.280 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.280}

Every person employing a minor shall obtain and have on file proof of the minor's age acceptable to the commissioner. Examples of acceptable proof of age include, but are not limited to, a copy of

(1) birth certificate;

(2) Bureau of Indian Affairs census record;

(3) passport;

(4) driver's license;

(5) authenticated school records;

(6) federal age certificate;

(7) baptismal certificate;

(8) military dependent identification;

(9) family court records;

(10) affidavit of physician.

History

Authority: AS 23.10.350; AS 23.10.360
Eff. 10/27/73, Register 48; am 6/4/82, Register 82

Article 5 Entertainment Industry

8 AAC 05.300 Permits to work {#sec-8-aac-05.300 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.300}

(a) Except as provided in (d) of this section, an employer in the entertainment industry desiring to employ children must obtain a permit from the department to employ children. In order to obtain a permit, a parent or guardian and the employer must complete an application for each job on a form provided by the department. A talent or casting agency may obtain a provisional permit as the employer or record by submitting the information listed in (b)(1) - (5) of this section. Within 72 hours of sending the child to a specific job call, the talent or casting agency, as employer of record, shall submit to the department the information required in (b)(6) - (10) of this section. If the talent or casting agency has obtained a provisional permit and sent the child to a job, the agency is responsible for compliance with this section.

(b) An application to employ a child shall contain

(1) the legal and professional name of the child;

(2) the date of birth of the child;

(3) the written consent of the parent or guardian;

(4) the name and permanent address of the parent or guardian and the name of the parent, guardian, or representative who will accompany the child to rehearsals and performances;

(5) if the child has a legal guardian, proof of guardianship;

(6) the nature, time, duration, dates, and number of rehearsals and performances involving the child, with identification of the location and nature of those rehearsals and performances;

(7) the maximum combined rehearsal and performance times per day and per week involving the child;

(8) the rate of pay the child will receive for performing;

(9) a detailed description of the child's role, including each activity to be performed; the description shall include an excerpt from the script that contains the child's dialogue and action; and

(10) any other information the department may request for clarification of items listed in (1) - (10) of this subsection.

(c) The application must be accompanied by adequate proof of age for the child as indicated in 8 AAC 05.280 and proof of workers' compensation coverage valid in this state as required by AS 23.30.075.

(d) An appearance of a child in any of the following activities for no compensation is not considered employment as a performer in the entertainment industry under AS 23.10.330:

(1) church, school, or community entertainment;

(2) entertainment for charity or for children for which no admission is charged; or

(3) radio or television broadcasting exhibition consisting of a single performance by the child lasting not more than one hour and for which no admission fee is charged; an exhibition includes an appearance in a concert or choral presentation or as a member of an audience, panel, or gallery.

(e) Under this section, proof of legal guardianship includes a

(1) general power of attorney appointing guardianship of the minor to an individual;

(2) power of attorney to an individual that specifically includes authorization regarding employment of the minor;

(3) marriage license and proof that the spouse of the minor is at least 18 years of age;

(4) state court award of guardianship of the minor to an individual;

(5) court order making the minor a ward of the state.

History

Authority: AS 23.10.330; AS 23.10.360
Eff. 7/2/95, Register 135; am 7/30/99, Register 151; am 11/23/2003, Register 168

8 AAC 05.305 Denial of permit {#sec-8-aac-05.305 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.305}

The department will, in its discretion, deny a permit under 8 AAC 05.300 if the department finds that the denial serves the best interests of the health, development, education, or welfare of the child. The department will keep a record of denials of permits, including its findings supporting the denials. A denial under this section may be appealed in writing to the commissioner within 30 days of the date of the issuance of the denial.

History

Authority: AS 23.10.325; AS 23.10.330; AS 23.10.360
Eff. 7/2/95, Register 135

8 AAC 05.310 Revocation {#sec-8-aac-05.310 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.310}

No child may perform in the entertainment industry except as provided in law and the permit. No permit may be issued for the exhibition, rehearsal, or performance of a child that is harmful to the health, development, education, or welfare of the child. The department will, in its discretion, revoke a permit for violation of law or a term or condition specified in the permit, if that violation endangers the health, development, education, or welfare of the child. If a parent or guardian withdraws consent for the child to perform and informs the department of the withdrawal, the department will revoke the permit. Revocation of a permit will take effect immediately upon service in person or through the mail to the employer who requested the permit. A revocation of a permit issued under 8 AAC 05.300 may be appealed in writing to the commissioner within 30 days of the date of issuance of the revocation.

History

Authority: AS 23.10.325; AS 23.10.330; AS 23.10.360
Eff. 7/2/95, Register 135

8 AAC 05.315 Supervision by studio teachers {#sec-8-aac-05.315 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.315}

(a) Except as provided in (f) of this section, as a condition of receiving a permit under 8 AAC 05.300, an employer must provide a studio teacher for a child from the age of birth to 16 years of age, and for a child from 16 to 18 years of age when required for the education of the child. Except as provided in (d) and (e) of this section, a studio teacher must possess an appropriate endorsement on a valid and current Type A Alaska teaching certificate to instruct the age level of the children in the teacher's care and exhibit a working knowledge of the child labor laws of this state. One studio teacher must supervise each group of 10 or fewer children, from the age of birth to 16 years of age, except that on Saturdays, Sundays, holidays, or during school vacation periods, one studio teacher may supervise each group of 20 or fewer of those aged children.

(b) Notwithstanding (a) of this section, if babies between the ages of birth to six weeks are employed, one nurse and one studio teacher must be provided for each group of three or fewer babies. If infants from age six weeks to six months are employed, one nurse and one studio teacher must be provided for each group of 10 or fewer infants. One studio teacher who also possesses a license or certification as a registered nurse, advanced nurse practitioner, physician assistant, emergency medical technician, or mobile intensive care paramedic, or who meets the requirements of a primary community health aide as set out at AS 18.28.100(5), may fulfill both requirements.

(c) In addition to teaching, the studio teacher shall also have responsibility for the health, development, and welfare of children under 16 years of age while the children are at the place of employment in the entertainment industry. The studio teacher will ensure compliance with the law and the permit. The studio teacher may refuse to allow a child to work on a set or location and may remove the child from the set or location if, in the judgment of the studio teacher, conditions present a danger to the health, development, education, or welfare of the child.

(d) If the teacher does not hold a valid and current Type A Alaska teaching certificate, a studio teacher accompanying one or more non-resident children must satisfy the studio teacher requirements in the state of origin of the children and have a working knowledge of child labor laws of this state. If the state of origin of the children does not have studio teacher requirements, the studio teacher must have a valid and current teaching certificate from the state of origin of the children to instruct the age level of the child, and have a working knowledge of child labor laws in this state.

(e) If the commissioner finds that a studio teacher who meets the requirements of (a) of this section is not available in the geographic location of the child's employment in this state, the commissioner will, in the commissioner's discretion, waive the requirement of the studio teacher exhibiting a working knowledge of the child labor laws of this state so long as the child's health, development and welfare are not jeopardized and the studio teacher holds a valid and current Type A Alaska teaching certificate. A waiver granted under this section expires when the employment of the child ends or at the close of 90 day calendar days from the date that the waiver was granted, whichever occurs first.

(f) A studio teacher is not required if the employment of a minor in the entertainment industry does not conflict with the schooling of the minor, the employment occurs in or near the minor's home, school, or from a fixed location used by the employer in the employer's regular course of business, and the employment does not pose recognized serious hazards to the minor, such as employment in

(1) dinner shows;

(2) cultural dance exhibitions;

(3) theatrical productions; and

(4) television, film, and photography productions where the total time of the minor's employment is less than 24 hours.

(g) For the purposes of (f) of this section, to ensure that the employment of a minor in the entertainment industry will not conflict with the schooling of the minor, the department may require written authorization from school officials if the employment occurs during school hours.

History

Authority: AS 23.10.330; AS 23.10.360
Eff. 7/2/95, Register 135; am 7/30/99, Register 151; am 3/2/2008, Register 185; am 8/12/2018, Register 227

8 AAC 05.320 Hours of work {#sec-8-aac-05.320 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.320}

(a) A child under 18 years may not be permitted to work in the entertainment industry before 5 a.m. or after 10 p.m. on any day preceding a school day. A child under 18 years may not work later than 12:30 a.m. on any other day.

(b) If the consent of the commissioner is first obtained, a child between 8 and 18 years of age may be permitted to work as an actor or a performer after 10 p.m. but not later than midnight on a night preceding a school day if the performance begins before 10 p.m.

(c) The amount of time that a child is permitted at the place of employment in the entertainment industry within a 24-hour period is limited by age as follows:

(1) babies and infants from birth to six months are limited to two hours per day, with actual work time not to exceed 20 minutes per day;

(2) infants and children age from six months to two years are limited to four hours per day, with actual work time not to exceed two hours;

(3) children age from two years to six years are limited to six hours per day, with actual work time not to exceed three hours;

(4) children age from six years to nine years are limited to eight hours per day, with actual work time not to exceed four hours, except that when school is not in session, actual work time may be increased to six hours; when school is in session, an eight-hour day must include at least three hours of schooling;

(5) children age from nine years to 16 years are limited to nine hours per day, with actual work time not to exceed five hours, except that when school is not in session, work time may be increased to seven hours; when school is in session, a nine-hour day must include at least three hours of schooling;

(6) children age from 16 years to 17 years are limited to 10 hours per day, with actual work time not to exceed six hours, except that when school is not in session, work time may be increased to eight hours; when school is in session, children age 16 through 17 years who are enrolled in school must receive at least three hours of schooling in a 10-hour day.

(d) The hours listed in (c)(1) - (c)(6) of this section that a child may work at the place of employment do not include a meal period. The working day for the child may be extended by no more than one-half hour for a meal period.

(e) For the purposes of computing total time at the place of employment, travel time to and from a location will be included as time at the place of employment.

(f) The time spent in make-up or hairdressing with the assistance of studio personnel in the child's home is considered work time for the child. Twelve hours must elapse between the time the child is dismissed on one day and the time make-up or hairdressing begins on the following day.

(g) Twelve hours must elapse between the child's time of dismissal and time of call on the following day. If the child's regular school starts less than 12 hours after the child's dismissal time, the child must be schooled the following day at the employer's place of business.

(h) The commissioner or the commissioner's designee may alter or waive a provision of this section if the provision makes it impossible to legally employ the child. An employer may request, in writing, an alteration or a waiver from the commissioner or the commissioner's designee. These requests must provide specific information about the employer's needs and the circumstances involved and must substantiate that no alternatives are feasible. The commissioner or the commissioner's designee may issue an alteration or a waiver if it is demonstrated that the

(1) employment will not be detrimental to the health, development, or welfare of the child;

(2) child will be supervised adequately; and

(3) education of the child will not be neglected.

History

Authority: AS 23.10.325; AS 23.10.330; AS 23.10.360
Eff. 7/2/95, Register 135; am 7/30/99, Register 151

8 AAC 05.330 Working conditions {#sec-8-aac-05.330 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.330}

(a) A parent or guardian of a child under 16 or the parent's or guardian's representative must accompany and remain with the child on the set or location. An employer must, at any time, allow parents or guardians or their representatives access to the child.

(b) An employer must provide

(1) a safe, secure, and suitable place for children to rest and play; and

(2) suitable nursery facilities, if a child age 3 years or younger is employed on the set or location.

(c) A baby or infant under six months of age may not be exposed to lights of greater than 100 foot candlelight intensity for more than 30 seconds at a time.

(d) Transportation to the closest medical facility providing emergency services must be available at all times while children are present at the place of employment.

(e) On location, the employer shall provide the child with return transportation to the child's living quarters in an adequate vehicle promptly upon completion of allowable work time.

History

Authority: AS 23.10.330; AS 23.10.360
Eff. 7/2/95, Register 135

8 AAC 05.340 Prohibited practices {#sec-8-aac-05.340 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.340}

A person may not employ or allow a child under 18 years of age to work in the entertainment industry in

(1) a practice, exhibition, or situation that places the child in clear and present danger to the health, development, or welfare of the child; or

(2) an illegal, an indecent, or a lewd exhibition or practice, including the following actual or simulated acts:

(A) acts described as unlawful exploitation of a minor under AS 11.41.455;

(B) sexual masochism or sadism.

History

Authority: AS 23.10.325; AS 23.10.330; AS 23.10.360
Eff. 7/2/95, Register 135; am 7/30/99, Register 151; am 3/2/2008, Register 185

Article 10 General Provisions

8 AAC 05.900 Definitions {#sec-8-aac-05.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 05.900}

(a) In this chapter and in AS 23.10.325 - 23.10.370, unless the context requires otherwise,

(1) "commissioner" means the commissioner of labor and workforce development;

(2) "department" means the Department of Labor and Workforce Development;

(3) "division" means the labor standards and safety division of the Department of Labor and Workforce Development;

(4) "power-driven woodworking machines" means all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling, pressing, or printing wood or veneer;

(5) "sharpened tools" means knives and implements used for butchering, boning, gilling, filleting, and other meat and fish processing functions; and axes, machetes, scythes, brush hooks, or other implements determined by the commissioner, on a case-by-case basis, to be hazardous;

(6) "community entertainment" means a local performing arts group or association established to serve a certain locale that is staffed primarily by volunteers drawn from the people it serves;

(7) "entertainment industry" includes an organization or individual using the services of a child in motion pictures of any type, using any format, by any medium, including film, videotape, commercial documentary, theater, television, or videocassette; modeling; photography; recording; theatrical productions; publicity; rodeos; circuses; musical performances; and any other live or recorded performances or rehearsals where a child performs to entertain the public;

(8) "guardian" means an individual who, by testamentary or court appointment, has the legal responsibilities for the care and management of the person and the estate of the child during the child's minority;

(9) "nurse" means a registered nurse, advanced nurse practitioner, physician assistant, emergency medical technician, mobile intensive care paramedic, or primary community health aide;

(10) "parent" means biological parent, adoptive parent, or step parent;

(11) "outside helper" means an individual, other than a driver, whose work includes riding on a vehicle outside the cab of the vehicle for the purpose of assisting in transporting or delivering property, including goods.

(b) In 8 AAC 05.300 - 8 AAC 05.340 and in AS 23.10.330 and 23.10.360, unless the context otherwise requires, "child" means a natural person under the age of 18 who has not been emancipated by the court.

History

Authority: AS 23.05.060; AS 23.10.350 AS 23.10.330; AS 23.10.360
Eff. 4/23/77, Register 62; am 6/4/82, Register 82; am 7/2/95, Register 135; am 7/30/99, Register 151

Chapter 10 Private Employment Agencies

Article 1 Application, Bond and Permit

8 AAC 10.010 Permit required {#sec-8-aac-10.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.010}

(a) A person may not operate or engage in an employment agency business unless he has procured a permit from the department.

(b) The permit must be posted in a conspicuous place in the main room of the agency used by the public.

History

Authority: AS 23.15.340; AS 23.15.500

8 AAC 10.020 Application for permit {#sec-8-aac-10.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.020}

(a) A written application for a permit must be made to the commissioner on a form prescribed by the department and must state:

(1) name and address of the applicant;

(2) the business name of the employment agency;

(3) the address of the place or places at which the agency will conduct business and the address of the main office of the business;

(4) whether the employment agency is owned as a sole proprietorship, partnership, or corporation;

(5) if the applicant is not a corporation, the names and addresses of all persons who are financially interested either as partners, associates, profit sharers, or other persons receiving a share of the net profits from the operation of the agency, and the share of the net profit each person is to receive;

(6) if the applicant is a corporation, the names, titles and addresses of the persons acting as executive officers of the corporation or who have managing responsibility in the state;

(7) whether an officer, director, manager or owner has been arrested or convicted of a felony or misdemeanor constituting a crime involving moral turpitude and, if so, the nature of the crime and outcome;

(8) the business or occupation of the owner and manager for the two years preceding the date of the application, and, if the applicant is a corporation, the business or occupation of each officer, director and manager for the two years preceding the date of the application;

(9) whether any officer, director, manager or owner of the agency has had experience in employment agency work, the dates of this experience, and the names and addresses of agencies in which the experience was acquired;

(10) the name of any officer, director, manager or owner of the agency who has applied for a permit to operate an employment agency in Alaska or elsewhere, whether that application was granted or denied, and the names and address of the agency;

(11) whether any officer, director, manager or owner of the agency has a financial interest in a travel agency or benefits financially from the sale of air, steamship or bus transportation; and

(12) whether any officer, director, manager or owner of the employment agency was disciplined by a state or had a private employment agency permit suspended, revoked or denied or was otherwise disqualified and the reason for that disqualification.

(b) An application for a permit, if made by an individual, must be signed by that individual; if made by a partnership, by all partners; if made by a corporation, by an officer of the corporation who must affix the seal of the corporation to the application.

(c) A change in the information furnished under (a) of this section must be reported to the department within seven days.

History

Authority: AS 23.15.350; AS 23.15.370; AS 23.15.500

8 AAC 10.030 Character of applicant {#sec-8-aac-10.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.030}

Repealed 12/31/80.

8 AAC 10.040 Expiration of license {#sec-8-aac-10.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.040}

Repealed 6/23/74.

8 AAC 10.050 Bond {#sec-8-aac-10.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.050}

Before the issuance or renewal of a permit an applicant for a permit shall deposit with the department a numbered surety bond for $10,000. A separate bond must be furnished to the department for each kind of agency for which a permit is sought. A separate bond is not required for a branch office of an agency. The bond must be in a form prescribed by the department.

History

Authority: AS 23.15.360; AS 23.15.500

8 AAC 10.055 Issuance of permit {#sec-8-aac-10.055 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.055}

(a) The department will issue a permit after:

(1) determination by the department that the applicant is a person of good moral character;

(2) a bond is filed with the department which fulfills the requirements of 8 AAC 10.050;

(3) the application fee required by AS 23.15.390 is paid; and

(4) a copy of a current Alaska business license is provided to the department;

(b) A permit is valid only for the employment agency and premises named in it. The location of an employment agency may not be changed without written notice to the department. The department must endorse all changes on the permit before the employment agency may operate on its new premises.

History

Authority: AS 23.15.360; AS 23.15.390 AS 23.15.380; AS 23.15.500

8 AAC 10.060 Conditions of bond {#sec-8-aac-10.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.060}

Repealed 6/23/74.

8 AAC 10.065 Duration of permit; renewal {#sec-8-aac-10.065 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.065}

Repealed 12/31/80.

8 AAC 10.067 Duration of permit; renewal {#sec-8-aac-10.067 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.067}

Unless revoked or suspended for cause under AS 23.15.410, a permit is valid until June 30 of the second calendar year following the date of issuance. A permit may be renewed upon payment of the biennial fee required by AS 23.15.390 and upon filing with the department

(1) an application for renewal, containing the information required by 8 AAC 10.020;

(2) a bond that meets the requirements of 8 AAC 10.050;

(3) a copy of the employment agency's current state business license.

History

Authority: AS 23.15.390; AS 23.15.400; AS 23.15.500
Eff. 7/27/84, Register 91; am 7/16/94, Register 131

8 AAC 10.070 Assignment or transfer of license {#sec-8-aac-10.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.070}

Repealed 6/23/74.

Article 2 Agency Procedures and Requirements

8 AAC 10.075 Registration {#sec-8-aac-10.075 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.075}

An employment agency must maintain a permanent applicant register which contains:

(1) the name and address of each applicant for employment, employment services, or to whom employment information was provided for a fee;

(2) a control registration number for each applicant, assigned in a consecutive order by the agency, which must be used on all agency records pertaining to that applicant as a means of identifying each applicant for employment services;

(3) the date of each application for employment services;

(4) the amount of registration fee paid;

(5) the amount of registration fee refund due; and

(6) the date a refund is paid.

History

Authority: AS 23.15.430; AS 23.15.480; AS 23.15.500

8 AAC 10.077 Registration fee {#sec-8-aac-10.077 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.077}

If an agency charges an applicant a fee to register or list an applicant for employment services, the agency must give the applicant a receipt for the fee. The receipt must contain the name, address and phone number of the agency, the applicant's full name, the amount of the fee paid, the date of issue and the signature of the person collecting the fee.

History

Authority: AS 23.15.460; AS 23.15.500 AS 23.15.470; AS 23.15.520
Eff. 12/31/80, Register 76

8 AAC 10.080 Permission to transfer license {#sec-8-aac-10.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.080}

Repealed 6/23/74.

8 AAC 10.085 Distribution of employment information {#sec-8-aac-10.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.085}

An employment agency selling employment information by mail or other media must file a copy with the department for approval of this information before sale or distribution. Any reference to wage rates, employment, unemployment and cost-of-living in the state must be factually depicted.

History

Authority: AS 23.15.490; AS 23.15.500
Eff. 6/23/74, Register 50; am 12/31/80, Register 76

8 AAC 10.090 Actions to recover {#sec-8-aac-10.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.090}

Repealed 6/23/74.

8 AAC 10.095 Publications {#sec-8-aac-10.095 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.095}

(a) Advertisements of an employment agency by cards, circulars or signs and in newspapers and other publications, and all letterheads, receipts, and forms must contain the licensed name and address of the employment agency and the word "agency" or a derivative of that word. Each position advertised must include a job order number.

(b) An employment agency which advertises through newspapers or other media must keep a record of all newspaper or other printed advertisement initiated by the agency for a least four months after its public release.

(c) If an agency advertises the highest salary which may be paid for a job, the advertisement must contain the word "to" before the salary quoted.

History

Authority: AS 23.15.490; AS 23.15.500
Eff. 6/23/74, Register 50; am 12/31/80, Register 76

8 AAC 10.100 Records {#sec-8-aac-10.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.100}

Repealed 6/23/74.

8 AAC 10.110 Job order {#sec-8-aac-10.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.110}

(a) An employment agency must keep a separate record of each job order received by the agency on a form approved by the department. A job order must contain:

(1) the name and address of each employer from whom a job order is received;

(2) the name and position of the individual placing the job order;

(3) the date of receipt of the job order;

(4) the offered starting wage or salary and job description or classification title; and

(5) the names and registration numbers of the persons referred.

(b) Job orders received by an agency must be consecutively numbered. The original must be maintained in the agency for inspection by the department.

History

Authority: AS 23.15.490; AS 23.15.500

8 AAC 10.120 Referral receipt {#sec-8-aac-10.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.120}

(a) An employment agency must give to an applicant for employment who is referred for employment a referral receipt which contains:

(1) the complete name, address, and telephone number of the employment agency;

(2) the name and address of the person to whom the applicant is to report for an interview;

(3) the address where the applicant for employment will be employed, if hired;

(4) the estimated minimum fee the applicant may be charged by the employment agency;

(5) the cost of transportation, if any, to the place of employment, if known, and by whom paid or advanced;

(6) the proposed type or classification of work;

(7) the daily and weekly hours of work;

(8) the starting wage or salary rate, including any consideration of privilege;

(9) a description of the board and lodging furnished by the employer and the cost of those services;

(10) an estimate of the length of the employment and whether the employer anticipates it to be temporary or longer than 90 days;

(11) the registration number of the applicant;

(12) a disclosure of any labor dispute which exists at the place of employment, the name of the union involved and whether union membership is required; and

(13) a disclosure of labor agreements in effect at the place of employment, the name of the union and whether union membership is required.

(b) A duplicate of the receipt must be given to the applicant for employment and the original retained in the agency for inspection by the department.

History

Authority: AS 23.15.450; AS 23.15.490; AS 23.15.500

8 AAC 10.130 Return of fee {#sec-8-aac-10.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.130}

If an applicant who has paid a registration fee fails to obtain employment, the agency must return the amount of the fee to the applicant not later than 48 hours after receiving a demand from the applicant.

History

Authority: AS 23.15.480; AS 23.15.500

8 AAC 10.140 Employer's obligations {#sec-8-aac-10.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.140}

Repealed 6/23/74.

8 AAC 10.145 Agency to maintain records {#sec-8-aac-10.145 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.145}

An employment agency must maintain on file all records, orders, or receipts referred to in this chapter for at least two years unless specified otherwise in this chapter.

History

Authority: AS 23.15.440; AS 23.15.500
Eff. 12/31/80, Register 76

8 AAC 10.150 Employment in existence {#sec-8-aac-10.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.150}

Repealed 6/23/74.

8 AAC 10.160 Labor contract in existence {#sec-8-aac-10.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.160}

Repealed 6/23/74.

Article 3 Fee Schedule

8 AAC 10.170 Schedule of fees filed with commissioner {#sec-8-aac-10.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.170}

Repealed 6/23/74.

8 AAC 10.180 Fee schedule {#sec-8-aac-10.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.180}

(a) An agency's fee schedule may not exceed the following:

(1) registration fee, $2;

(2) job placement in temporary employment, 10 percent of the gross earnings;

(3) job placement in permanent employment, 55 percent of gross earnings for the first month of employment;

(4) sale of job information, $1; however, upon written application to and approval of the commissioner, an agency may charge not more than $5 for the information;

(5) preparation of resume and furnishing of employment information, $50; however, upon written application to and approval of the commissioner, a resume service agency may charge not more than $200 for the preparation of a resume and furnishing of employment information.

(b) Executive or professional search agencies are not subject to the maximum fee schedule set out in this section if the individual who is identified, appraised, referred or recommended for a position is not charged a deposit, retainer or other fee, either directly or indirectly, by the agency.

(c) The fee schedule set out in (a) of this section must be posted in a conspicuous place in the main room of the agency used by the public. A copy of the schedule used by an agency must be filed with the department.

(d) An agency may not divide its charges for services with an employer, agent, or employee of an employer or person to whom individuals are referred for employment. This subsection does not prohibit cooperative arrangements between licensed employment agencies so long as an applicant for employment does not pay more than one charge for all services performed or is not charged a fee in excess of that permitted under this section.

(e) A resume service may not charge a registration fee in addition to other charges for its services.

History

Authority: AS 23.15.460; AS 23.15.490 AS 23.15.470; AS 23.15.500

Article 4 Prohibited Acts

(1) require an applicant to pay an advance fee or deposit against a future fee unless the fee charged by an agency is for the registration of applicants for employment services of that agency;

(2) charge or collect from an applicant a fee or portion of a fee if the placement fee is paid by an employer;

(3) charge or collect from an applicant any fee for placement within an agency or if placement is made with an employer, an agent, spouse, or person who has a financial interest in that agency;

(4) advertise a starting wage or salary which is not included in the employment order;

(5) advertise positions as "100 percent free" or "all free" unless the agency exclusively handles employer paid fee job listings; or

(6) use a name identical or similar to that of another employment agency or use the words "United States" or "State of Alaska" in any combination as part of the agency name.

History

Authority: AS 23.15.500
Eff. 12/31/80, Register 76

Article 5 General Provisions

8 AAC 10.900 Documents, contract, approval {#sec-8-aac-10.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.900}

(a) An instrument, contract, or document form which an employment agency requires an applicant or his legal representative to execute or become a party to may not be used unless its form and content has been approved by the director.

(b) An employment agency shall submit two copies of each form described in (a) of this section to the department for approval which will be indicated by an endorsement by the director. One copy will be returned to the employment agency to be kept as part of its record. Approval will not be withheld unless the instrument, contract, or document is vague, makes misrepresentations, is unfair, oppressive, or contains provisions which violate an employment agency law or regulation.

History

Authority: AS 23.15.440; AS 23.15.490; AS 23.15.500
Eff. 12/31/80, Register 76

8 AAC 10.915 Definitions {#sec-8-aac-10.915 omnilex-key=us-ak-regs-official--title-8--8 AAC 10.915}

In this chapter and AS 23.15.330 - 23.15.520 unless the context requires otherwise

(1) "agency" includes employment agency, or resume service agency, but does not include executive, professional or any other search agencies whose charges are paid only by employers to whom individuals seeking employment are referred to only by employers for the purpose of identifying, appraising or recommending individuals for employment;

(2) "commissioner" means the commissioner of labor and workforce development or his designee;

(3) "department" means the Department of Labor and Workforce Development;

(4) "director" means the director of the wage and hour division of the Alaska Department of Labor and Workforce Development, or his designee;

(5) "division" means the wage and hour division of the department;

(6) "job order" means a written or oral request made to an agency for referral of prospective applicants for employment for a specific position that has been made by an employer or by a person designated by the employer as having the authority to make a referral request;

(7) "person of good moral character" means a person who has not been convicted of a crime involving moral turpitude within the 10 years immediately preceding application or renewal;

(8) "job placement" means that as a result of services provided by an agency for a specific job order, an employer has hired a person in a place of employment for that specific job;

(9) "monthly earnings" means the gross amount of wages and other compensation earned by an individual during any applicable month of employment for which a fee is due but does not include the value of board and lodging and other privileges and gratuities which are provided to or otherwise received by the individual in the course of his employment;

(10) "permanent employment" means employment for at least 90 calendar days;

(11) "referral receipt" means a job referral document, a job introductory document or a referral card;

(12) "responsible person" means a person who has not been convicted of a crime involving fraud or deceit within the 10 years preceding the date of application for license or renewal of a license;

(13) "resume service agency" means a person who prepares for a fee a summary of an individual's previous employment experience, education, qualifications and applicable personal history for the purposes of employment opportunity and providing that individual with contacts or lists, directly or indirectly, or prospective employers who are seeking employees with the skills or qualifications possessed by the individual;

(14) "temporary employment" means employment for less than 90 calendar days.

History

Authority: AS 23.15.380; AS 23.15.500 AS 23.15.450; AS 23.15.520
Eff. 12/31/80, Register 76

Chapter 15 Alaska Wages and Hours

Article 1 (Repealed)

Article 2 Minimum Wages and Overtime

8 AAC 15.100 Calculating the regular rate {#sec-8-aac-15.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.100}

(a) An employee's regular rate is an hourly rate figured on a weekly basis. An employer is not required to hire an employee at an hourly rate. The employee may be paid by piece-rate, salary, commission, or other basis agreeable to the employer and employee. The employer shall convert the employee's compensation basis to an hourly rate to determine the employee's regular rate. An employer who pays an employee on a salary basis is not exempt from overtime pay requirements under this chapter. If an employee's work is not exempt from overtime pay requirements under this chapter and the employer pays the employee on a salary basis, the employer shall compensate the employee for overtime based on a written employment contract. The following provisions apply to an employee who is paid on a salary basis:

(1) the employment contract must

(A) be in writing;

(B) set out the specific number of straight time and overtime hours the employee is expected to work each day and each week; and

(C) establish a regular straight time hourly rate of pay and the appropriate overtime rate with respect to the salary to be paid to the employee and the number of hours to be worked by the employee; changes to the pay schedule of a salaried employee must conform to the provisions of AS 23.05.160;

(2) if the employment contract does not establish a fixed number of daily and weekly hours that the salary is intended to compensate, the salary will be considered to be compensation for an eight-hour workday and 40-hour workweek; an employee's overtime rate and sick leave accrual will be computed on that basis.

(b) To compute a regular hourly rate for the purpose of determining the overtime rate and sick leave accrual for an employee who is paid other than hourly or by salary, or if the employee's rate of pay includes a bonus, the following provisions of 29 C.F.R. Part 778 apply:

(1) for a pieceworker, the method set forth in 29 C.F.R. 778.111, revised as of May 5, 2011 and adopted by reference;

(2) for an employee who works at two or more hourly rates,

(A) not less than the rate applicable to the same work when performed during non overtime hours; or

(B) the method set forth in 29 C.F.R. 778.115, revised as of January 26, 1968, and adopted by reference;

(3) for an employee who receives wages in a form other than cash, the method set forth in 29 C.F.R. 778.116, revised as of January 23, 1981, and adopted by reference;

(4) for an employee who receives a commission, the method set forth in 29 C.F.R. 778.117 - 778.122, revised as of January 23, 1981, and adopted by reference;

(5) for an employee who receives a bonus, the method set forth in 29 C.F.R. 778.208 - 778.215, revised as of January 5, 2020, and adopted by reference.

(c) To compute computing an employee's hours for the purpose of determining the employee's overtime rate and sick leave accrual, the employer shall count the hours worked by the employee during that week.

(d) The following compensation methods do not satisfy the payment of overtime provisions under AS 23.10.060:

(1) a guaranteed weekly pay for variable hours plan ("Belo" contract) established under sec. 7(f) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 207(f) as implemented in 29 C.F.R. 778.402 - 778.414);

(2) compensatory time (comp time) off instead of monetary compensation for overtime;

(3) a flex-time or flexitime plan established under 29 C.F.R. 778.114 that provides a fixed salary for fluctuating hours up to a predetermined maximum number of hours in a workweek.

(e) Except as provided under 8 AAC 15.908(c), an employer shall compensate an employee for overtime based on a written employment contract if the employee is paid on a daily rate and whose work is not exempt from overtime pay requirements under AS 23.10.055 or 23.10.060(d). The following provisions apply to an employee paid on a daily rate:

(1) if the employee's daily rate is compensation for a set number of hours in a day, the contract must set out the employee's applicable straight time and overtime rates; if the contract does not set out the employee's hours of work, the daily rate will be considered to be compensation for an eight-hour workday; the employee's overtime rate and sick leave accrual will be computed on that basis;

(2) if the employee works overtime hours that are not covered by the daily rate established in the contract, the employer shall adiust the employee's pay at the overtime rate for

(A) hours worked in excess of eight hours in one day; and

(B) all hours worked on days worked after 40 straight time hours in a week.

History

Authority: AS 23.05.060; AS 23.10.085 AS 23.10.060; AS 23.10.095
Eff. 12/9/78, Register 68; am 9/28/85, Register 95; am 4/29/99, Register 150; am 3/2/2008, Register 185; am 8/12/2018, Register 227; am 9/25/2025, Register 255

8 AAC 15.101 Overtime for line haul truck drivers {#sec-8-aac-15.101 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.101}

(a) If an employer of a line haul truck driver elects not to use the overtime rate established in AS 23.10.060(b), the employer shall establish alternate rates of overtime pay that meet the requirements of AS 23.10.060(d)(15) and this section. This alternative rate of overtime pay must be explained in writing, and the written explanation must be signed by the employee.

(b) An alternative rate of overtime pay may be calculated as a mileage rate, a fuel usage rate, or on some other reasonable basis; however, any formula used to calculate an alternate rate of overtime pay must take into consideration the time spent performing all of the duties of a line haul truck driver on the route for which the rate was established, including the time spent

(1) driving;

(2) hooking up;

(3) fueling;

(4) tying down;

(5) chaining up and unchaining;

(6) performing pre-trip and in-transit equipment and load checks;

(7) during breakdowns;

(8) making tire repairs;

(9) offloading; and

(10) completing required paperwork.

(c) If an employer averages the time spent performing the duties identified in (b) of this section over time, those averages are subject to review by the department to determine if they are accurate and reasonable. The department will, in its discretion, require the employer to validate an average used by having the employer record the actual hours currently worked by drivers operating over the route in which the average is being applied. If a department's audit of the actual hours currently worked reveals a substantial difference from the average used by the employer, and the result is that the employer's rate of overtime pay is less than the minimum rate that would be payable under AS 23.10.060(b), the department will, in its discretion,

(1) consider the employer's previous audits or annual adjustments and then reevaluate the employer's rate of overtime pay for compliance with this section;

(2) order the employer to make whatever adjustments are necessary to make the employer's rate of overtime pay comparable to the minimum rate required in AS 23.10.060(b); or

(3) void the employer's exemption under AS 23.10.060(d)(15).

(d) Before implementing an alternate rate of overtime pay, an employer shall, in accordance with AS 23.05.160, notify each employee affected by the alternate rate of overtime pay on the payday before the new rate is implemented.

(e) Upon the request of a driver, the employer shall provide the driver with a copy of the formula and substantiating records used to determine the rate of overtime pay for a specific route.

(f) Except as provided in (g) of this section, an employer shall

(1) annually certify that the rate of overtime pay for each route has been reviewed and found to be appropriate; and

(2) post a copy of the annual certification and the rate of overtime pay for each route in a conspicuous place where each driver may review them.

(g) If the formula for determining the rate of overtime pay has been negotiated with a collective bargaining representative, possession of the formula by that representative satisfies the posting requirements of (f)(2) of this section as long as the representative makes the formula available to all drivers. An employer who has entered into a collective bargaining agreement is exempt from the certification requirements of (f)(1) of this section as long as the employer is subject to a collective bargaining relationship which includes a negotiated formula for overtime pay.

History

Authority: AS 23.05.060; AS 23.10.085 AS 23.10.060; AS 23.10.100
Eff. 11/6/92, Register 124; am 9/15/94, Register 131; am 4/29/99, Register 150; am 3/24/2011, Register 197

8 AAC 15.102 Voluntary flexible work hour plans {#sec-8-aac-15.102 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.102}

(a) A request for an exemption for a voluntary flexible work hour plan established under AS 23.10.060(d)(14) must be signed by the employer and submitted to a wage and hour administration office of the department. The request must be in writing on a form provided by the department, and must include

(1) a statement that the employer and employee participating in the flexible work hour plan understand that work performed in excess of 10 hours in a day or in excess of 40 hours in a week must be compensated at the rate of one and one-half times the regular rate of pay;

(2) a description of the daily and weekly hours to be worked under the flexible work hour plan;

(3) a statement that the flexible work hour plan has not been made a condition of employment and that participation in the plan is voluntary; and

(4) the signature of the employer or authorized representative.

(b) The department will approve a voluntary flexible work hour plan that conforms to the requirements of this section and the provisions of AS 23.10.060(d)(14). An approved plan constitutes the certificate required in AS 23.10.060(d)(14)(B). The department will issue the certificate, or a notice of denial, within five working days after receipt of the plan. A certificate issued under this section takes effect on the day it is signed by the department's representative. A voluntary flexible work hour plan may not be instituted until the certificate takes effect. A notice of denial issued by the department under this section will include the specific reason for the denial.

(c) An appeal of a notice of denial must be filed with the commissioner within 20 days after receipt of the notice of denial. The appeal must be in writing, and must set out the specific reasons upon which the appeal is based. The commissioner will grant or reject the appeal within 10 workdays after receipt of the appeal. The commissioner's decision is final.

(d) As part of the records required under AS 23.10.100, an employer must maintain a signed statement of voluntary participation of each employee participating in an approved voluntary flexible work hour plan.

(e) An employee may choose to participate in an approved voluntary flexible work hour plan at initial employment or at any other time during employment. Once an employee has chosen to participate in an approved voluntary flexible work hour plan, that employee is bound to do so, and may opt out of participation in the voluntary flexible work hour plan only from November 1 through December 31 each calendar year. Termination of an employee, regardless of the cause of termination, voids that employee's participation. An employee who is rehired by the employer must again choose to participate in the voluntary flexible work hour plan in order to be included in the approved plan. Nothing in this subsection prohibits the employer and employee from agreeing to the withdrawal of the employee from an approved plan at any time.

(f) A voluntary flexible work hour plan is not valid, unless the employee working under the plan has been offered an equivalent weekly schedule of hours with overtime pay after eight straight time hours in a day.

(g) The department will not approve a voluntary flexible work hour plan for a weekly schedule of less than four days or 33 hours.

(h) Except for occasional deviations in an employee's work schedule that do not exceed 20 percent of the weeks worked by an employee under a voluntary flexible work hour plan, an employer shall pay overtime as required by AS 23.10.060(b) when an employee deviates from the approved flexible work hour plan.

History

Authority: AS 23.05.060; AS 23.10.085 AS 23.10.060; AS 23.10.100
Eff. 9/28/85, Register 95; am 3/2/2008, Register 185

8 AAC 15.105 Minimum wage {#sec-8-aac-15.105 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.105}

(a) As used in AS 23.10.065, "prevailing Federal Minimum Wage Law" means that rate established in Sec. 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206 (a)(1)) as the minimum wage generally applicable to employees subject to that Act.

(b) The department will determine compensable hours subject to the payment of the minimum wage or the contractually established wage in accordance with the provisions of 29 C.F.R. 785.11 - 785.25, 785.27 - 785.33, 785.35 - 785.45, and 785.47 - 785.48.

History

Authority: AS 23.05.060; AS 23.10.085 AS 23.10.065; AS 23.10.095
Eff. 12/9/78, Register 68; am 9/28/85, Register 95

8 AAC 15.106 Employee count {#sec-8-aac-15.106 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.106}

(a) To determine the amount of sick leave accrual under AS 23. 10.066, an employer shall calculate the number of Full-Time Equivalents (FTEs) employed during the previous calendar year by adding the total number of hours worked by all part time and full time employees during the calendar year and dividing the sum by the maximum amount of regular hours for a full time employee during the time period.

(b) If a business did not operate in the previous calendar year, the employer shall initially calculate FTEs based on the first three months of operation during the current calendar year, and shall thereafter recalculate FTEs on a quarterly basis until a calendar year calculation can be completed.

History

Authority: AS 23.10.066; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.107 Accrual year {#sec-8-aac-15.107 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.107}

(a). Unless an employer has elected to front-load sick leave under 8 AAC 15.108, an employer shall establish a consecutive 52 week period for purposes of calculating an employee's annual accrual of sick leave. If an employer does not specify an accrual year under this section, an employee shall accrue sick leave on a calendar year basis. Except as provided in 8 AAC 15.108, an employee is entitled to carry over unused sick leave to the next accrual year.

History

Authority: AS 23.10.066; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.108 Front-loading sick leave {#sec-8-aac-15.108 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.108}

(a) An employer may provide an annual reoccurring lump-sum of sick leave instead of yearly accrual by assigning the minimum number of annual sick time hours required under AS 23.10.066 to an employee and making those hours available without regard to an accrual rate

(1) as soon as the employee becomes eligible to use sick time; and

(2) on the first day of each subsequent year the employee is employed by the employer.

(b) An employer who front-loads sick leave under this section is not required to carry over sick leave to the following year. An employer may prorate the amount of annual sick leave assigned to an employee employed less than a year.

(c) If an employer front-loads sick time, the employer shall assign to a full-time employee the minimum amount of annual sick leave authorized under AS 23.10.066 and to a regular part-time employee not less than the calculated amount of sick leave that the employee would accrue in a year based on the employee's normally scheduled hours. An employer may assign to an irregular part-time employee an amount of sick time based on the employee's average past hours worked.

(d) Nothing in this section authorizes an employer to assign to an employee less than the amount of sick leave the employee would accrue under AS 23.10.066. An employer shall increase the assigned sick leave of a part-time employee who would be entitled to accrue more sick leave than the employer assigns to them, based on the number of hours the employee actually works in a year.

History

Authority: AS 23.10.066; AS 23.10.068; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.109 Paid leave or paid time off policies {#sec-8-aac-15.109 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.109}

(a) Paid time off provided to an employee through an employer's paid leave or paid time off policy satisfies the requirement to provide paid sick leave if

(1) the policy meets the requirements under AS 23.10.066;

(2) the employer notifies the employee that the policy will be utilized to meet the paid sick leave requirements under AS 23.10.066(6);

(3) paid time off accrues at a rate of not less than one hour for every 30 hours worked as an employee; and

(4) an employee may utilize accrued paid time off in the bank on the same terms for the purposes authorized under AS 23.10.067.

(b) An employer is not required to provide additional paid time off or paid sick leave to an employee if

(1) the employee used the accrued paid time off for a purpose other than one authorized under AS 23.10.067; and

(2) the employer's policy meets the requirements of AS 23.10.066, 23.10.067, and this chapter.

(c) Nothing in AS 23.10.066 prohibits an employer from having a written policy that prohibits leave without pay and that automatically deducts accrued hours from the employee's paid time-off bank.

(d) If an employer provides an employee paid time-off or sick leave hours in excess of the minimum yearly allotment, the excess hours are not subject to the provisions of this chapter.

(e) In AS 23.10.066 and this section, a "paid leave" or "paid time off'" policy means a program by an employer that combines more than one type of leave, including paid sick leave, in to one bank of leave.

History

Authority: AS 23.10.066; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.110 Voluntary cash-out of paid sick leave {#sec-8-aac-15.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.110}

(a) An employer may have a written policy that allows an employee to cash out the employee's accrued sick leave during the course of the employee's employment or if the employee separates from employment if

(1) the employee is given the option to

(A) take the cash payment instead of rolling over the yearly accrual; or

(B) maintain the sick leave balance in case the employee returns to employment within six months of separation; and

(2) the employee acknowledges and voluntarily accepts the cash-out of sick leave in writing.

(b) The employer's full obligation of the sick leave requirement is met if the employee voluntarily accepts the cash-out of sick leave.

History

Authority: AS 23.10.066; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.111 Payment of sick leave {#sec-8-aac-15.111 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.111}

(a) An employee who uses sick leave will be paid at the employee's regular rate of pay as set out under 8 AAC 15.100 or the applicable minimum wage rate, whichever is greater.

(b) If an employee uses sick leave for a shift that is defined by business needs rather than a set number of hours or for another shift of indeterminate length, the employer may determine the amount of sick leave used by the employee based on a reasonable calculation. An employer shall apply a consistent methodology to calculate the normal hourly compensation of similarly situated employees, including

(1) the number of hours worked by a replacement employee in the same shift or a similarly situated employee who works the same shift or who has worked a similar shift in the past; or

(2) the average number of daily hours the employee has worked for the last 30 days.

History

Authority: AS 23.10.067; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.112 Reasonable advance notice {#sec-8-aac-15.112 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.112}

(a) For the purposes of AS 23.10.067(2), an employer may specify in its sick leave policy the amount of reasonable advance notice required when an employee requests sick leave for a pre-scheduled medical appointment or other foreseeable absence, if the employer has provided the sick leave policy to the employee. An employer may not require more than 10 calendar days' advance notice for a foreseeable absence.

(b) An employer's advance notice policy may require an employee to make a reasonable attempt to not schedule a medical appointment during peak business hours, when work is time-sensitive, or when a mandatory meeting is scheduled if the employee's absence would unduly disrupt business operations.

(d) If an employee requires an unforeseen absence, the employee shall notify the employer before the start of the employee's shift or as soon as is possible, depending on the circumstances.

(e) An employer may discipline an employee if the employee fails to provide reasonable advance notice under this section and may deny an employee's sick leave request if the employee does not make a reasonable effort to schedule leave as set out under (b) of this section.

(f) An employer may not discipline an employee or deny sick leave to an employee for

(1) using sick leave in accordance with the employer's written sick leave policy; or

(2) violating the employer's sick leave policy if the employer has not provided the employee with a copy of the written sick leave policy.

History

Authority: AS 23.10.067; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.113 Employee verification of absences {#sec-8-aac-15.113 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.113}

If an employee uses sick leave for more than three consecutive scheduled workdays, an employer may require the employee to provide reasonable documentation to verify the employee's need for the sick leave if the employer has included the verification requirement in the employer's sick leave policy and has provided the sick leave policy to the employee. An employer may not require the verification to explain the nature of the employee's illness or details related to domestic violence, sexual assault, harassment, or stalking that necessitated the employee's use of sick leave. Days that an employee is not scheduled to work are not included in the calculation of three consecutive scheduled workdays under this section. If an employer has requested verification of an employee's use of sick leave under AS 23. l 0.067(3) or this section, the employer is not required to pay sick leave until the employee has provided the requested verification.

History

Authority: AS 23.10.067; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.114 Employer written notice and reporting to employees {#sec-8-aac-15.114 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.114}

(a) An employer shall notify each employee in writing of the following policies or procedures relating to the use or accrual of sick leave:

(1) the employee's entitlement to paid sick leave when employment begins;

(2) the rate at which the employee will accrue paid sick leave;

(3) the authorized purposes under which the employee may use paid sick leave;

(4) the employer's intention to use a paid time-off program to meet the requirements under AS 23.10.066, if applicable;

(5) other reasonable notice or verification requirements for the employee when using paid sick leave;

(6) notice that retaliation by the employer for the employee's lawful use of paid sick leave and other rights provided under AS 23.10.066, 23.10.067, and this chapter is prohibited.

(b) An employer may comply with the requirement to provide the written notice required under (a) of this section by

(1) distributing the written notice to each employee personally, by United States mail, by electronic mail, or by including the notice in an employee's paycheck;

(2) incorporating the written notice into a handbook or manual made available to employees, whether in a print or electronic format; or

(3) posting the written notice in a conspicuous and accessible location in each workplace of the employer.

History

Authority: AS 23.10.068; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.115 Retaliation {#sec-8-aac-15.115 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.115}

(a) It is an unlawful employment practice for an employer or another person to deny, interfere with, restrain, or fail to pay for sick leave to which an employee is entitled.

(b) It is an unlawful employment practice for an employer or another person to retaliate or discriminate against an employee because the employee has

(1) inquired about the provisions of AS 23.10.066 - 23.10.069;

(2) submitted a request for sick leave;

(3) taken sick leave;

(4) participated in an investigation related to AS 23.10.066 - 23.10.069; or

(5) invoked a provision of AS 23.10.066 - 23.10.069.

(c) It is an unlawful employment practice for an employer or another person to apply an absence control policy that includes a covered sick leave absence under AS 23.10.066 - 23.10.069 as an absence that may result in an adverse employment action against the employee.

(d) Nothing in AS 23.10.066 - 23.10.069 or this chapter prohibits an employer's compliance with 29 U.S.C. 2601 - 2654 (Family Medical Leave Act) or 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act of 1990).

History

Authority: AS 23.10.067; AS 23.10.085
Eff. 9/25/2025, Register 255

8 AAC 15.119 Definitions for AS 23.10.066 - 23.10.069 and 8 AAC 15.106 - 8 AAC 15.119. In AS 23.10.066 - 23.10.069 and 8 AAC 15.106 - 8AAC 15.119, (1) "hours worked" (A) means hours during which an employee is authorized or required by the employer to be on duty on the employer's premises or at a prescribed workplace; (B) does not include holidays, vacation, time spent not working while the employee is on call, or other non-working hours; (2) "on call" means (A) time outside of normal scheduled work hours during which the employee is required to be available to work if requested by the employer but during which the employee is relieved from all other duties, not compensated, and may use the time for the employee's own purposes; (B) does not include time during which the employee is compensated and not free to use the time for the employee's own purposes; (3) "separation" means the end of the employee-employer relationship by means of voluntary resignation, involuntary termination, discharge for misconduct, or layoff {#sec-8-aac-15.119 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.119}

History

Authority: AS 23.10.066; AS 23.10.068; AS 23.10.085 AS 23.10.067; AS 23.10.069
Eff. 9/25/2025, Register 255

Article 3 Exemptions

8 AAC 15.120 Minimum wage exemption for persons with disabilities. Repealed {#sec-8-aac-15.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.120}

History

Eff. 12/9/78, Register 68; am 4/29/99, Register 150; repealed 2/16/2018, Register 225

8 AAC 15.125 Minimum wage exemption for student learners. (a) An exemption for student learners from the minimum wage requirement of AS 23.10.065 is available when the student learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a substantially similar program conducted by a private school. (b) An application for an exemption under (a) of this section must be made on a form provided by the department. The information required must be complete and must be signed by the employer and the student learner's school coordinator or principal. To qualify for the exemption, the employment must meet all the requirements set out in AS 23.10.325 - 23.10.370 and ch. 5 of this title relating to the employment of children. (c) A wage rate authorized under this section will not be less than 50 percent of the minimum wage established under AS 23.10.065. (d) The exemption from minimum wages for full-time students established by Sec. 14(b) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 214(b)) as implemented in 29 C.F.R. 519.1 - 519.2 does not apply to employment subject to the provisions of AS 23.10.065. (e) The commissioner will determine the appropriate wage by considering the following factors: (1) whether the nature of the employment is for the benefit of the minor and whether the employment of the minor is in accordance with AS 23.05.010; (2) the goal of the training that the minor is expected to achieve; (3) the schedule of organized and progressive work processes to be performed; (4) the nature of the work being performed by the minor; (5) the length of time the minor will be employed; and (6) whether the employer is subject to 29 U.S.C. 201 - 219 (Fair Labor Standards Act of 1938) {#sec-8-aac-15.125 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.125}

History

Authority: AS 23.10.070; AS 23.10.085
Eff. 12/9/78, Register 68; am 4/30/2021, Register 238

8 AAC 15.126 Minimum wage and sick leave exemption for non-profit residential summer camp employees. (a) An employee of a non-profit residential summer camp is exempt from the minimum wage requirement set out in AS 23.10.065 and is subject to the sick leave exemption set out in AS 23.10.069(a) if the residential summer camp employee (1) is not employed by the non-profit organization for longer than 12 weeks in a calendar year; (2) works at the non-profit residential summer camp; and (3) receives room and board in addition to a weekly wage in the amount set out in AS 23.10.070(3). (b) A non-profit residential summer camp must complete a one-time registration with the department to receive an exemption under (a) of this section. The registration must include (1) completion of an application provided by the department, which includes all required information and is signed by the employer; and (2) proof of the residential summer camp's non-profit status. (c) The department will approve registration of a non-profit residential summer camp that meets the definition of "summer camp" set out under 8 AAC 15.910(a), and that meets the requirements of AS 23.10.070(3) and this section {#sec-8-aac-15.126 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.126}

History

Authority: AS 23.10.069; AS 23.10.070; AS 23.10.085
Eff. 4/2/2023, Register 246; am 9/25/2025, Register 255

8 AAC 15.130 Exemption for searching for placer or hard rock minerals. The exemption from AS 23.10.050 - 23.10.150 provided by AS 23.10.055(10) applies to those activities commonly referred to as "prospecting" and does not apply once development of and production from a known mineral source has begun {#sec-8-aac-15.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.130}

History

Authority: AS 23.10.055(10)AS 23.10.085
Eff. 12/9/78, Register 68

8 AAC 15.135 Exemption for individuals under 18 who are part-time employees. The exemption from AS 23.10.050 - 23.10.150 provided by AS 23.10.055(11) does not apply during any workweek in which an individual normally within the ambit of AS 23.10.055(11) is employed in excess of 30 hours {#sec-8-aac-15.135 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.135}

History

Authority: AS 23.10.055(11)AS 23.10.085
Eff. 12/9/78, Register 68

8 AAC 15.140 Determining the number of employees for purposes of AS 23.10.060(d)(1). In determining the number of employees that an employer employs for purposes of AS 23.10.060(d)(1), all officers of a corporation who actively engage in the business and all part-time employees will be counted regardless of the number of days or hours worked {#sec-8-aac-15.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.140}

History

Authority: AS 23.10.060; AS 23.10.085
Eff. 12/9/78, Register 68; am 4/29/99, Register 150

8 AAC 15.145 Small mining operations. (a) For purposes of AS 23.10.060(3), a "mining season" means the cumulative period of time during which operations are carried on during a calendar year, but not exceeding 20 weeks. (b) The exemption from the payment for overtime under AS 23.10.060 for employers engaged in small mining operations is available to the employer for an aggregate of 14 weeks, commencing on the first day the mine begins active operations in a calendar year. Periods during which the mine is not actively engaged in mining operations for reasons including assessment work and repair or construction of buildings or equipment are not part of the exemption period. (c) Repealed 9/28/85 {#sec-8-aac-15.145 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.145}

History

Authority: AS 23.05.060; AS 23.10.060; AS 23.10.085
Eff. 12/9/78, Register 68; am 9/28/85, Register 95; am 4/29/99, Register 150

Article 4 Reduction of Wages

8 AAC 15.160 Deductions from an employee's wages. (a) The provisions of AS 23.05.140 and AS 23.10.085(c) do not limit the right of an employer and employee to enter into a written agreement to provide for deductions of monetary obligations of an employee. Requiring or inducing an employee to return or give up any part of the compensation that the employee is entitled, whether by force, intimidation, or threat of dismissal from employment, or by any other manner, is prohibited. A written agreement for deductions payable to the employer or person acting in the employer's behalf or interest is not valid if it would have the effect of reducing an employee's wage rate below the statutory minimum wage or overtime rates, or if it would require an employee to reimburse the employer for any of the following: (1) customer checks returned due to insufficient funds or any other reason; (2) non-payment for goods or services as a result of theft or credit default; (3) cash or cash register shortages unless the employee admits, willingly and in writing, to having personally taken the specific amount of cash that is alleged to be missing; (4) lost, missing, or stolen property, unless the employee admits willingly and in writing, to having personally taken the specific property alleged to be lost, missing, or stolen; or (5) damage or breakage costs unless clearly due to willful conduct of the employee and the employee has acknowledged responsibility in writing. (b) An employer may deduct an amount from earnings based on a written agreement signed by the employee, if the employer has been directed by the employee to pay a sum for the benefit of that employee to a creditor, donee, or other third party. The employer, or any person acting in the employer's behalf or interest, may not derive any profit or benefit from the transaction. (c) An employer may deduct an amount from earnings based on a written agreement signed by the employee to reimburse an employer for transportation from the place of hire to the place of employment if the deduction does not reduce the (1) employee's wages below the statutory minimum; or (2) overtime compensation rate below one and one-half times the contractual rate of pay. (d) An employer may deduct an amount from the minimum wage or overtime rates set out under AS 23.10 of an employee's earnings to reimburse an employer for the reasonable cost of furnishing board or lodging, if (1) the board or lodging facilities of the employer are "customarily" furnished, as described in 29 C.F.R. 531.31, by the employer; (2) the cost to the employee for the use of the employer's board or lodging facilities is reasonable and without profit to the employer as determined by the department; (3) the employer has provided the employee prior written notice that (A) provides a basic description of the board or lodging; (B) states the amount to be deducted weekly for the board or lodging; and (C) states that the employee's acceptance of the board or lodging and deduction is voluntary; and (4) the employee has provided signed and written acceptance of the board or lodging and deduction. (e) Unless the employer has provided the employee the prior written notice described in (d)(3) of this section, the employer is prohibited from taking a deduction or from seeking to retroactively deduct the cost of board or lodging as an offset against wages due upon termination or wage deficiencies subject to collection by the department. (f) The director will make the determination under (d)(1) of this section in accordance with 29 C.F.R. 531.29 - 531.35; a deduction of $20 per day or less for board or lodging will not require a determination by the director unless evidence indicates that the deduction is unreasonable for the board or lodging provided or results in a profit to the employer. (g) An employer may deduct an amount from the wages of an employee as a security deposit to ensure the return, clean and in a state of good repair, of uniforms or equipment issued by the employer, if the (1) deduction is based on a written agreement; (2) total deposit does not exceed the cost of the item; and (3) deduction does not reduce the employee's wage below the statutory minimum or reduce the employee's overtime compensation below one and one-half times the contractual rate of pay. (h) An employer shall give each employee a written or electronic statement of earnings and deductions for each pay period. The statement of earnings and deductions must contain the employee's (1) rate of pay; (2) gross wages; (3) net wages; (4) beginning and ending dates of the pay period; (5) repealed 9/28/85; (6) repealed 9/28/85; (7) federal income tax deductions; (8) Federal Insurance Contribution Act deductions; (9) Alaska Employment Security Act contributions; (10) board or lodging deductions; (11) advances; (12) straight time and overtime hours actually worked in the pay period; (13) other authorized deductions; (14) sick leave used in the accrual year established under 8 AAC 15.107; and (15) sick leave balance. (i) An appeal of a determination made by the director under this section must (1) be filed with the commissioner not later than 20 days after the employer received the determination; (2) be in writing; and (3) set out the specific reasons for the appeal. (j) The commissioner will grant or reject an appeal under (i) of this section not later than 20 days after the date the employer filed it; in the decision to grant or reject the appeal, the commission will state that the decision is final and include a statement of the employer's right to request judicial review not later than 30 days after the decision {#sec-8-aac-15.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.160}

History

Authority: AS 23.05.060; AS 23.10.065; AS 23.10.095 AS 23.10.060; AS 23.10.085
Eff. 12/9/78, Register 68; am 9/28/85, Register 95; am 4/29/99, Register 150; am 5/16/2003, Register 166; am 3/2/2008, Register 185; am 7/28/2023, Register 247; am 9/25/2025, Register 255

History

Authority: AS 23.05.060; AS 23.10.085 AS 23.10.065; AS 23.10.095
Eff. 9/28/85, Register 95; am 4/29/99, Register 150; am 3/2/2008, Register 185

Article 5 Procedures Relating to Violations, Investigations, or Hearings

8 AAC 15.175 Assignment of claims. Repealed 9/28/85 {#sec-8-aac-15.175 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.175}

8 AAC 15.180 Investigations, conferences and persuasion. (a) The labor standards and safety division will investigate potential violations of AS 23.10.050 - 23.10.150 on its own motion. (b) If, after an investigation, the division finds that probable cause exists for believing that a violation of AS 23.10.050 - 23.10.150 has occurred, it will attempt to correct the unlawful practice by conference and persuasion as follows: (1) the division will provide the employer believed to have violated AS 23.10.050 - 23.10.150 with a copy of the assignment or a description of the alleged violation and inform the employer of the results of its investigation; and (2) the division will schedule an informal conference with the employer to discuss the matter and attempt to eliminate the alleged violations. (c) If the informal conference succeeds in correcting the alleged violation, no further action will be taken by the division against the employer. (d) If an alleged violation is not rectified by the informal conference or if the employer fails to attend the conference without good cause shown, the division may, in its discretion (1) conduct a further investigation into the matter; (2) enforce the claim through initiation of an adjudicative hearing under provisions of the Administrative Procedure Act (AS 44.62); (3) enforce the claim through filing of an action in a court of competent jurisdiction. (e) If the director determines under (d)(1) of this section that a further investigation into the matter should be conducted, an investigative proceeding conducted in accordance with 8 AAC 25.010 - 8 AAC 25.030 shall be initiated {#sec-8-aac-15.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.180}

History

Authority: AS 23.10.080; AS 23.10.090 AS 23.10.085; AS 23.10.110
Eff. 12/9/78, Register 68; am 4/29/99, Register 150

8 AAC 15.190 Nurse overtime investigations, conferences and persuasion. (a) The labor standards and safety division will investigate potential violations of AS 18.20.400 - 18.20.499 on its own motion, or on the complaint of any person. (b) A complaint alleging a violation of AS 18.20.400 - 18.20.499 must be filed with the division within 30 days after the date of the alleged violation. The division shall provide a copy of the complaint to the health care facility named in the filing within three business days after receiving the complaint. Mailing to the health care facility's last known address or the address on file with the health facilities licensing and certification unit in the division of health care services, Department of Health, is valid service for the purposes of this section. (c) If, after an investigation, the division finds that a health care facility has knowingly violated an overtime provision of AS 18.20.400 - 18.20.499, the division shall issue a decision containing the division's investigative findings and assessing the appropriate civil penalty under AS 18.20.430(c). (d) A health care facility may request a hearing on the division's decision. A hearing request must be in writing and postmarked not later than 15 days of the division's decision. The request must identify the findings in dispute and the basis of the dispute. A hearing requested under this section shall be conducted in accordance with AS 44.64.010 - 44.64.200 {#sec-8-aac-15.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.190}

History

Authority: AS 18.20.430
Eff. 8/12/2018, Register 227

Article 6 General Provisions

8 AAC 15.900 Recordkeeping. (a) For the purposes of AS 23.10.100, "the place where an employee is employed" means the central office of an employer located within the state. An employer may keep duplicate records at the sites or premises where the work is performed. (b) For the purposes of AS 23.10.100, "other payroll information which the commissioner may require" means the information required by 29 C.F.R. secs. 516.2(a), 516.3, 516.5, 516.6, 516.25 and 516.27 {#sec-8-aac-15.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.900}

History

Authority: AS 23.05.060; AS 23.10.095 AS 23.10.085; AS 23.10.100
Eff. 12/9/78, Register 68; am 9/28/85, Register 95

8 AAC 15.905 Line haul truck driver recordkeeping requirements. (a) In addition to the records specified in 8 AAC 15.900, an employer of a line haul truck driver who has elected to pay overtime to drivers using an alternate rate of overtime pay calculated in accordance with AS 23.10.060(d)(15) and 8 AAC 15.101, shall maintain records that substantiate that rate, including the (1) basic rate of pay; (2) rate of overtime pay; (3) average hours used as a part of any formula to determine a rate of overtime pay; and (4) source of data used to determine averages under 8 AAC 15.101. (b) An employer shall provide the records required in (a) of this section to the department upon request {#sec-8-aac-15.905 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.905}

History

Authority: AS 23.05.060; AS 23.10.085 AS 23.10.060; AS 23.10.100
Eff. 11/6/92, Register 124; am 4/29/99, Register 150

8 AAC 15.907 Employee tips. (a) Except as provided in this section, an employer may not handle or take possession or control of an employee's tips. (b) An employer may handle an employee's tips only for the purpose of (1) delivering the cash amount of a tip to the employee when a customer provides for a tip on a credit card charge slip; (2) redistributing tips to service employees under a tip pooling arrangement; an employer shall provide written notice to all service employees of the tip pooling arrangement; any change to a tip pooling arrangement must be provided in writing on or before the payday before the payday on which the change becomes effective; a tip pooling arrangement may not be retroactive; or (3) redistributing an employee's accumulated tips to the employee on the next regularly scheduled payday only if a daily accounting of the employee's tips is provided in writing to the employee on each day that the tips are provided by a customer. (c) If an employer must pay a credit card company a fee based on a percentage of a customer's bill, an employer may reduce the amount of a credit card tip by a percentage not greater than the percentage charged by the credit card company for its fee. (d) For the purposes of this section, (1) "service employee"; (A) means an employee whose primary duty is to deliver or assist in the delivery of services to a customer, including a host, hostess, order-taker, server, busser, dishwasher, or cook; (B) does not include an employee whose primary duty is managerial or administrative. (2) "tip pooling arrangement" means an agreement under which a portion of an employee's tips is collected for distribution among service employees; (3) "tip" means (A) an amount of cash, or an amount designated as a "tip" by a credit card customer on a credit card charge slip that is determined, and freely given by a customer in, recognition of an employee's service to that customer; (B) does not include a compulsory charge that is part of the employer's gross receipts, such as a service charge of 15 percent of a customer's bill {#sec-8-aac-15.907 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.907}

History

Authority: AS 23.05.060; AS 23.10.085
Eff. 4/7/96, Register 138; am 6/29/2018, Register 226; am 10/27/2021, Register 240

8 AAC 15.908 Determining the salary of exempt employees. (a) Subject to the exceptions specified in 29 C.F.R. 541.602 and 541.603, revised as of July 1, 2012 and adopted by reference, an exempt employee must receive the full salary for any week in which the employee performs any work regardless of the number of days or hours worked, except as provided in (c) of this section. (b) Failure to pay the full salary in the initial or terminal week of employment is not considered inconsistent with the salary basis of payment. In those weeks the payment of a proportionate part of the employee's salary for the time actually worked meets the requirement. However, this is not to be construed to mean that an employee is on a salary basis if the employee is employed occasionally for a few days and is paid a proportionate part of the weekly salary when employed. In addition, payment of the full weekly salary under those circumstances would not meet the requirements, since casual or occasional employment for a few days at a time is inconsistent with employment on a salary basis within the meaning of this section. (c) An exempt administrative, executive, or professional employee may be compensated on a daily rate if (1) the minimum compensation requirements established under AS 23.10.055(b) are met; (2) the employee receives at least $300 per day; and (3) subject to the provisions of this section, the employee receives the full daily salary for any day in which any hours are worked regardless of the number of hours worked. (d) Except as provided in 29 C.F.R. 541.602 and 541.603, determining an exempt employee's salary is subject to the general rule that an employee is not required to be compensated for any week in which no work is performed or for any day in which no work was performed {#sec-8-aac-15.908 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.908}

History

Authority: AS 23.05.060; AS 23.10.055; AS 23.10.085
Eff. 4/29/99, Register 150; am 3/2/2008, Register 185; am 7/28/2013, Register 207

8 AAC 15.910 Definitions. (a) In this chapter and AS 23.10.050 - 23.10.150, unless the context requires otherwise (1) repealed 3/2/2008; (2) "casual employee," as used in AS 23.10.060(d), means (A) an employee engaged in an activity that occurs without regularity and is not in the usual course of trade, business, occupation, or profession of the employer; or (B) an individual employed on a seasonal basis for less than twelve weeks per calendar year at a recreational residential youth camp operated by a nonprofit religious, charitable, or educational organization; (3) "commissioner" means the commissioner of labor and workforce development; (4) "department" means the Alaska Department of Labor and Workforce Development; (5) "director" means the director of the labor standards and safety division of the department, or the director's designee; (6) "domestic service, including a baby-sitter, in or about a private home," as used in AS 23.10.055(a)(4), (A) means a service or activity performed in or about a private home by an individual that is employed or paid by the owner or occupant of the private home or a family member of the owner or occupant of the private home; and (B) includes services or activities such as a (i) baby-sitter; (ii) cook; (iii) butler; (iv) valet; (v) maid; (vi) housekeeper; (vii) governess; (viii) janitor; (ix) laundress; (x) caretaker; (xi) handyman; (xii) gardener; (xiii) footman; (xiv) groom; (xv) chauffeur of automobiles for family use; (7) repealed 3/2/2008; (8) "nonprofit," as used in AS 23.10.055(6), means an organization no part of the income or profit of which is distributable to its members, directors, or officers and whose status has been determined by the U.S. Internal Revenue Service as nonprofit; (9) "on call" means time that an employee is required to remain on call on the employer's premises or other place of employment or so close to them that the time cannot be used effectively for the employee's own purposes, but does not include the time an employee is not required to remain on or near the employer's premises or other place of employment but is merely required to leave word with the employer where the employee may be reached by cellular phone, beeper, or other means; (10) repealed 3/2/2008; (11) repealed 3/2/2008; (12) repealed 3/2/2008; (13) "standby or waiting time" means time that an employee is required to be at or near the place of employment and is required to wait for work or an assignment, whether or not because of shutdown or repair, and during which the time cannot be used effectively for the employee's own purposes; (14) repealed 3/2/2008; (15) "workweek" means a fixed and regularly recurring period of 168 hours that is seven consecutive 24-hour periods; it may begin on any day of the week and need not coincide with the calendar week; an individual employee's workweek is the statutory or contract number of hours that the employee is to regularly work during that period; the workweek may not be artificially adjusted for the purpose of avoiding the payment of overtime; however the workweek may be changed for any other purpose as provided in AS 23.05.160; (16) "straight commission" (A) means any combination of compensation based on making sales, contracts for sales, consignments, orders, or shipments for goods or services, whether the compensation is calculated by using (i) a percentage of gross or net sales value; (ii) an agreed-upon formula for the value of goods or services sold; or (iii) a flat rate for reaching a particular level of sales volume, or the sale of a particular item; (B) does not include compensation described in (A) of this paragraph that is accompanied by any type of a guaranteed payment of minimum hourly amounts not required by federal law or a minimum salary or base, separately or in combination with commission payments. (17) "workday" means a fixed and regularly recurring period of 24 consecutive hours; (18) "child care facility," as used in AS 23.10.055(12), includes those treatment programs that require that the children live in facilities provided, under the 24-hour care of program personnel, for a period of at least 30 consecutive days; (19) "parent of children," as used in AS 23.10.055(12), means those individuals whose duties involve the provision of care, treatment, supervision, and oversight of children residing in the child care facility, and whose duties require that they reside with the children, in the facilities provided by the program, 24 hours a day, for a period of at least 30 consecutive days; (20) "fee basis" means an agreed sum for a single job regardless of the time required for its completion as specified in 29 C.F.R. 541.605, revised as of July 1, 2007 and adopted by reference, with the following revision: Section 541.605(b) is revised in its entirety to read: (b) To determine whether the fee payment meets the minimum amount of salary required for an exemption with a weekly minimum of two times the minimum wage for 40 hours, the amount paid to the employee will be tested by dividing the fee paid for the job by the number of hours required to complete the job and multiplying the result by 40 hours. Thus, an artist paid $600 for a painting that took 20 hours to complete would meet the minimum salary requirement, since the earnings at this rate ($30 per hour) would yield the artist $1,200 if 40 hours were worked; (21) "regular course of business," as used in AS 23.10.060(d)(1), means those activities that are integral and necessary to any enterprise or activity in which the employer is primarily engaged; (22) "salary" means, subject to the provisions of 8 AAC 15.908, a fixed and recurring amount of money constituting all or part of an exempt employee's compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed; (23) "provision of medical services," as used in AS 23.10.060(d)(12), means those necessary hands-on, medical functions, procedures, and protocols that an employee renders personally to an individual patient, where the services involve face-to-face or other direct interaction between the employee and the patient. (24) "summer camp" means a seasonal, non-profit, residential camp that provides (A) creative recreational and educational opportunities; (B) a program of activities for campers; (C) sustained supervision of campers; and (D) trained leadership tasked with educating campers. (b) Repealed 4/29/99. (c) For the purposes of AS 23.10.060(d)(12), "hospital" includes a nursing facility as described in 7 AAC 12.250 and licensed in accordance with 7 AAC 12.610. (d) As used in AS 23.10.430, "personnel file and other personnel information" means all papers, documents, and reports pertaining to a particular employee that are used or have been used by an employer to determine that employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action; "personnel file and other personnel information" (1) includes (A) applications; (B) notices of commendation, warning or discipline; (C) authorization for withholding or deductions from pay; (D) records of hours worked and leave records; (E) formal and informal employee evaluations; (F) reports relating to the employee's character, credit, work habits, compensation, and benefits; (G) medical records; and (H) letters of reference or recommendations from third parties, including former employers; (2) does not include (A) information of a personal nature about a person other than the employee if disclosure of the information would constitute an unwarranted invasion of the other person's privacy; (B) information relating to an ongoing investigation of a violation of a criminal or civil statute by an employee; or (C) an employer's ongoing investigation of employee misconduct {#sec-8-aac-15.910 omnilex-key=us-ak-regs-official--title-8--8 AAC 15.910}

History

Authority: AS 23.05.060; AS 23.10.060; AS 23.10.085 AS 23.10.055; AS 43.10.070; AS 23.10.430
Eff. 12/9/78, Register 68; am 9/28/85, Register 95; am 10/4/90, Register 115; am 2/10/93, Register 125; am 3/18/93, Register 125; am 4/29/99, Register 150; am 3/2/2008, Register 185; am 3/24/2011, Register 197; am 7/28/2013, Register 207; am 4/2/2023, Register 246

Chapter 20 Transportation of Employees

8 AAC 20.010 Involuntary and voluntary terminations {#sec-8-aac-20.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 20.010}

(a) A termination by an employer of any employee, who falls within the purview of AS 23.10.375 - 23.10.400, during the term of the contract of employment is considered "a cause good and sufficient, beyond the control of the employee," as the phrase is used in AS 23.10.380(a)(1), and imposes upon the employer the obligation to provide return transportation, except if the reason for termination is

(1) falsification of the employment application;

(2) intoxication;

(3) fighting; or

(4) unexcused absence from duties for more than three consecutive scheduled work days.

(b) Voluntary termination by an employee, who falls within the purview of AS 23.10.375 - 23.10.400, does not obligate the employer to provide return transportation unless the employee terminates because of

(1) misrepresentation of wages, working hours, lodging, or other conditions of employment; or

(2) working conditions or employer-provided lodging that are unsafe or unhealthy.

(c) The labor standards and safety division will accept an employer's finding for termination for intoxication, unless the employee furnishes evidence that demonstrates the employee was not intoxicated during the incident that was the basis for termination by the employer.

(d) For the purposes of this section, "intoxication" means affected by the use of drugs and alcohol.

History

Authority: AS 23.10.380; AS 23.10.395
Eff. 4/17/74, Register 49; am 4/29/99, Register 150; am 3/2/2008, Register 185

8 AAC 20.020 Subsistence {#sec-8-aac-20.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 20.020}

If an employee, who falls within the purview of AS 23.10.375 - 23.10.400, voluntarily terminates for just cause, or is terminated for any cause during the term of the employee's contract of employment and if immediate transportation is unavailable upon the termination, the employee is entitled to subsistence, for the period from the date of termination until the date that transportation becomes available or for 10 days, whichever occurs first.

History

Authority: AS 23.10.380; AS 23.10.395
Eff. 4/17/74, Register 49; am 4/29/99, Register 150

8 AAC 20.025 Investigations {#sec-8-aac-20.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 20.025}

(a) The division will investigate potential violations of AS 23.10.375 - 23.10.400 after the assignment to it of a claim under AS 23.10.385.

(b) If, after investigation, the division finds that probable cause exists for believing that a violation of AS 23.10.375 - 23.10.400 has occurred, it will attempt to correct the unlawful practice by conference and persuasion. The division will provide the employer with a copy of the assignment or a description of the alleged violation and will inform the employer of the results of its investigation. The division will then schedule an informal conference with the employer to discuss the matter and attempt to correct the alleged violation.

History

Authority: AS 23.05.060; AS 23.10.385; AS 23.10.395
Eff. 9/28/85, Register 95

8 AAC 20.030 Definitions {#sec-8-aac-20.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 20.030}

In this chapter, unless the context requires otherwise

(1) "return transportation" means all transportation costs to return the employee only to the original place of hire;

(2) "subsistence" means board and lodging furnished by the employer or $100 per day furnished by the employer for living expenses.

History

Authority: AS 23.10.380; AS 23.10.395
Eff. 4/17/74, Register 49; am 9/28/85, Register 95; am 4/29/99, Register 150; am 3/2/2008, Register 185

Chapter 25 Payment of Wages

8 AAC 25.010 Investigative hearings {#sec-8-aac-25.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 25.010}

(a) In cases where the director considers an investigative hearing on a claim assigned under AS 23.05.220 to be appropriate, the director shall determine the time and place of the hearing and deliver or mail a notice of hearing to the claimant, respondent, and any interested party at least 15 days before the hearing.

(b) Notice of the hearing must include claimant's statement of facts regarding the claim and specify the regulations and statutes the respondent is alleged to have violated.

(c) The location of the hearing must be designated by the director with due regard for the convenience of all parties involved. All hearings are public.

(d) The respondent may be represented by counsel. If counsel notifies the division, in writing, that counsel is appearing in the matter on behalf of the respondent, service of notice, memoranda, recommendations, or other documents will be considered sufficient if made on the party, or counsel, or both.

(e) The director shall appoint a hearing officer to preside over the hearing and to make findings of fact and conclusions of law to be used as a basis for the hearing officer's decision. An investigator who has investigated the claim may not be appointed hearing officer.

(f) The hearing officer has full authority to control the procedure of the hearing and to rule on all motions and objections.

(g) The hearing officer may admit any relevant evidence, regardless of the existence of any common law or statutory or court rule which might make improper the admission of such evidence over objection in civil actions, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but will not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(h) Oral evidence must be given under oath or affirmation. A record of the proceedings will be kept.

(i) At the request of the respondent or upon the hearing officer's own motion, the hearing officer may order the taking of depositions and affidavits relevant to the proceeding and may issue subpoenas to compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, evidentiary documents or other evidence at a deposition or the hearing.

(j) At the hearing, the hearing officer, respondent, and claimant may

(1) call and examine witnesses;

(2) cross-examine opposing witnesses on any matter relevant to the issue at hand even though that matter was not covered in direct examination; and

(3) introduce exhibits.

(k) If the respondent or claimant does not testify in the respondent's or claimant's own behalf, that person may be called and examined as if under cross-examination.

(l) The hearing officer may, for good cause shown, continue a hearing from day to day or recess it to a later date or to a different place by announcement at the hearing or by notice.

History

Authority: AS 23.05.060; AS 23.05.200
Eff. 5/18/78, Register 66; am 4/29/99, Register 150

8 AAC 25.020 Decisions {#sec-8-aac-25.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 25.020}

(a) The hearing officer shall prepare a written decision containing findings of fact and conclusions of law after the close of the hearing.

(b) Upon making a decision, the hearing officer shall serve it upon the respondent and claimant by personal service or certified mail, return receipt requested. If the hearing officer determines that the respondent owes the claimant wages or has otherwise violated AS 23.05, the decision may contain those orders and other relief as the hearing officer considers appropriate to correct the unlawful conduct. The hearing officer's decision is final.

History

Authority: AS 23.05.060; AS 23.05.200
Eff. 5/18/78, Register 66; am 4/29/99, Register 150

8 AAC 25.030 Definitions {#sec-8-aac-25.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 25.030}

In this chapter and in AS 23.05.010 - 23.05.280, unless the context requires otherwise

(1) "director" means the director of the labor standards and safety division of the Alaska Department of Labor and Workforce Development or the director's designee;

(2) "division" means the labor standards and safety division of the Alaska Department of Labor and Workforce Development;

(3) "rate of pay," as used in AS 23.05.160 means all remuneration for service from whatever source, including the basic hourly rate of pay, commissions, accrued vacation or holiday pay, cash value of board and lodging if customarily furnished by the employer and other similar advantages or fringe benefits received or anticipated to be received by an individual in the course of service that are a contractual condition of the employment;

(4) "regular wage, salary or other compensation," as used in AS 23.05.140 means that level of compensation paid to an employee for services that was usual and regular for a daily, weekly, or monthly period of work, as the case may be; this "regular" level is to be determined based on the employee's actual working situation and is not limited to a level of compensation based on a "standard" eight-hour workday or 40-hour workweek where the employee's regular and usual course of employment actually involved more or less hours of work for the relevant period; nothing in this paragraph requires that an employee have been hired on an hourly or weekly basis; the employee may have been paid by piece rate, salary, commission, or other method of compensation agreed upon between the employer and employee;

(5) "working days," as used in AS 23.05.140 with respect to an employer's obligation to pay within three working days after termination of an employee, means only Monday through Friday, except any legal holiday occurring in any applicable week; however, with respect to computing a penalty due an employee under AS 23.05.140, "working days" means those days an employee customarily and regularly worked during the course of employment;

(6) "labor performed" as used in AS 23.05.140(a), in the context of underground mining or tunnel operations, includes all time spent underground traveling to or from the mine or tunnel opening to the working face or worksite.

History

Authority: AS 23.05.060
Eff. 5/18/78, Register 66; am 9/28/85, Register 95; am 1/2/91, Register 116; am 4/29/99, Register 150

Chapter 27 Fish Processors and Primary Fish Buyers

Eff. 7/30/83, Register 87; repealed 11/16/2012, Register 204

Article 2 Suspension and Revocation of License

8 AAC 27.060 Notification {#sec-8-aac-27.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 27.060}

Repealed.

History

Eff. 7/30/83, Register 87; repealed 11/16/2012, Register 204

Article 3 Assignment of Claims

8 AAC 27.070 Collection of claims {#sec-8-aac-27.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 27.070}

Repealed.

History

Eff. 7/30/83, Register 87; repealed 11/16/2012, Register 204

Article 4 General Provisions

8 AAC 27.900 Definitions {#sec-8-aac-27.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 27.900}

Repealed.

History

Eff. 7/30/83, Register 87; repealed 11/16/2012, Register 204

Part 2 Resident Employment

Chapter 30 Public Contracts

Article 1 Wages and Hours

8 AAC 30.010 Notification of contract awards {#sec-8-aac-30.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.010}

(a) Within 20 days of awarding a public contract, the state or political subdivision of the state shall notify the commissioner in writing that the contract has been awarded. The writing shall conform to the requirements of AS 36.05.035.

(b) Verification of contractors bonding requirements shall be by certified statement furnished to the commissioner by the state or political subdivision of the state which awarded the contract.

History

Authority: AS 36.05.030; AS 36.05.035
Eff. 7/8/73, Register 47

8 AAC 30.020 Certified payroll {#sec-8-aac-30.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.020}

(a) Before Friday of every second week, each contractor, subcontractor, or owner/operator who performs work on a public construction contract for the state or political subdivision of the state shall file with the department a certified payroll (Form 07-6058) that covers the preceding reporting period.

(b) The certified payroll shall be submitted to the department's regional office in the judicial district in which the work is performed.

1st Judicial District - Department of Labor and Workforce Development, Juneau

3rd Judicial District - Department of Labor and Workforce Development, Anchorage

2nd and 4th Judicial Districts - Department of Labor and Workforce Development, Fairbanks

(c) Instead of submitting Form 07-6058, a contractor may submit the contractor's payroll form. However, the payroll form must contain the same information and statement of compliance required by Form 07-6058.

(d) Owner/operators who perform duties as laborers, mechanics, or field surveyors while working as contractors or subcontractors on a public work project shall be included on their certified payrolls in the same manner as any other laborer, mechanic or field surveyor. However an owner/operator who performs duties as a laborer, mechanic, field surveyor is not required to pay themselves each reporting period, but shall report hours worked and actual payments received under the terms of the contract and the period covered by each payment. After deducting operating expenses, the actual payment received by an owner/operator performing duties as a laborer, mechanic, or field surveyor must meet or exceed the minimum prevailing rate of pay in the applicable classification for each hour worked on a public construction project.

(e) If a contractor is under contract to provide trucks on a public construction project and leases a truck to an individual truck driver or dispatches an owner/operator working on that same project, the contractor shall pay no less than the prevailing wage for each hour worked each certified payroll reporting period to that driver.

History

Authority: AS 36.05.030; AS 36.05.040; AS 36.10.075
Eff. 7/8/73, Register 47; am 7/30/82, Register 83; am 8/9/2001, Register 159; am 3/2/2008, Register 185

8 AAC 30.025 Fringe benefit contributions {#sec-8-aac-30.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.025}

(a) Employers must remit contributions to union trusts, approved private pension plans, or other approved fringe benefit plans by the 15th of the month following the accrual of the contribution. If the plan itself has a more stringent remittance deadline, the plan deadline shall prevail. A copy of the actual deposit or other satisfactory proof shall be provided the department upon request.

(b) A private pension plan or other fringe benefit plan as referenced in (a) of this section must meet the following conditions in order to be approved as an offset against the prevailing wage rate requirement for fringe benefits:

(1) plan contributions must be

(A) irrevocable;

(B) deposited on a regular basis, not less than monthly, to a trustee or third-party administrator;

(C) free of administrative expense charges to employees, except reasonable and customary administrative fees charged to the plan as a whole, subject to approval of the plan trustee;

(D) non-discretionary;

(E) factored across all work performed by an employee in public construction and non-public construction with the exception of an automatic vesting 401(k) plan;

(2) plan contributions may not be made on behalf of employees who are not eligible to participate in the plan;

(3) except for an automatic vesting 401(k) plan, plan contributions must not be funded solely through hours worked on public construction projects.

(c) Except for an automatic vesting 401(k) plan which allows the actual hourly amount contributed to the plan during the public construction project to be directly credited against fringe benefit payment requirements, to establish an hourly rate for credit against prevailing wage requirements, the amount paid by the employer for the benefit shall be divided by the hours worked by the employee under the plan during the interval under which payments are due to the plan administrator. To allow for seasonal variations, the plan costs may be calculated on an annual basis.

(d) If the hourly rate established under (c) of this section does not meet the prevailing fringe benefit rate, the remainder must be paid to the employee.

(e) If a pension plan meets the requirements under 29 U.S.C. 1001 - 1461 (Employee Retirement Income Security Act of 1974) and includes a minimum vesting requirement, any forfeited amounts must remain in the trust, subject to the authority of the trustee and may not revert to the employer.

(f) The department may disallow an employer from taking credit for fringe benefit contributions as an offset to prevailing wage requirements if the provisions of this section are not met. Upon request, the employer shall provide the following to the department:

(1) a copy of the plan;

(2) a copy of the plan adoption agreement;

(3) the name, address, and telephone number of the plan broker;

(4) the name, address, and telephone number of the plan administrator;

(5) the United States Internal Revenue Service approval letter;

(6) the calculations of the hourly cost equivalent for the plan.

(g) An apprentice shall receive 100 percent of the prevailing fringe benefit rate established in the applicable Laborers' and Mechanics' Minimum Rates of Pay, unless a bona fide fringe benefit plan is specified in the applicable Standards of Apprenticeship approved by the United States Department of Labor, Office of Apprenticeship.

(h) In this section, "automatic vesting 401 (k) plan," means a 401 (k) plan maintained in compliance with 29 U.S.C. 1001 - 1461 (Employee Retirement Income Security Act of 1974) that allows for immediate vesting in the plan to ensure that the employee will not be subject to any forfeiture of amounts contributed to the plan since it has no vesting requirements.

History

Authority: AS 23.05.060; AS 36.05.030; AS 36.05.070
Eff. 1/2/91, Register 116; am 3/2/2008, Register 185; am 8/12/2018, Register 227

8 AAC 30.027 Notice of violation requiring withholding {#sec-8-aac-30.027 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.027}

When the department determines, under the authority of AS 36.05.030, that a violation has occurred, it shall notify the contracting agency as to the nature and estimated amount of the violation so that the contracting agency can fulfill its obligation to withhold funds under AS 36.05.070(4).

History

Authority: AS 23.05.060; AS 36.05.030; AS 36.05.070
Eff. 1/2/91, Register 116

8 AAC 30.030 Notification of withholding accrued payments {#sec-8-aac-30.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.030}

(a) If the state or a political subdivision of the state withholds accrued payments under those provisions of its contracts required by AS 36.05.070(c)(4), the state or political subdivision shall notify the commissioner within three working days.

(b) Notification shall be in writing and contain the following information:

(1) name of state agency or political subdivision of the state that awarded the contract;

(2) name of state agency or political subdivision of the state that is withholding accrued payments;

(3) contractor's name and address;

(4) address of construction site;

(5) job classification being underpaid;

(6) wage rate required by contract; and

(7) wage rate actually being paid.

History

Authority: AS 36.05.030; AS 36.05.070
Eff. 7/8/73, Register 47

8 AAC 30.040 Notification of termination of contract {#sec-8-aac-30.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.040}

(a) If the state or a political subdivision of the state terminates a contract under those provisions of its contract required under AS 36.05.080, the state or political subdivision of the state shall notify the department within three working days.

(b) Notification shall be in writing and contain the following information:

(1) name of state agency or political subdivision of the state that awarded the contract;

(2) name of state agency or political subdivision of the state that is terminating the contract;

(3) contractor's name and address;

(4) address of construction site;

(5) job classification being underpaid;

(6) wage rate required by contract;

(7) wage rate actually being paid; and

(8) proposed action to be taken to complete construction.

History

Authority: AS 36.05.030; AS 36.05.080
Eff. 7/8/73, Register 47

Article 2 Wage Scale

8 AAC 30.050 Wage scale {#sec-8-aac-30.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.050}

(a) The department will determine the prevailing wage rate to be paid laborers, mechanics, and field surveyors. The department will publish this determination in the pamphlet Laborers' and Mechanics' Minimum Rates of Pay. The department will periodically revise the prevailing wage rates, on a regional basis, to correspond with the prevailing wage rate for similar work.

(b) The prevailing wage will be determined on a regional basis for two geographic regions of the state, north of North 63° latitude and south of North 63° latitude. A region may be subdivided into zones if the commissioner determines that the prevailing wage rate has local variations within the region. In determining the prevailing wage rate for a region or zone, the department will consider the prevailing wage that represents majority penetration for each work classification. If there is no majority penetration the department may set the prevailing wage rate in the following manner:

(1) If less than a majority of the persons employed at a particular skill level in a particular job class receive the same wage, the prevailing wage rate will be determined by taking the arithmetic mean (average) of the wages in the survey for the job class being considered.

(2) Prior to calculating the arithmetic mean, the survey will be adjusted by eliminating five percent of the extreme wage rates.

(3) For example, in a survey consisting of 75 different pay rates the rates will be arrayed in order of size. Five percent at both ends of the scale, the four highest and four lowest, will be eliminated. The remaining 67 rates will be the final survey from which the arithmetic mean will be determined to be the prevailing rate of pay.

(4) In determining the prevailing wage rate for a region or zone, the department will consider the prevailing union wage, local practice, and any other standard considered by the department to be appropriate.

(c) Special prevailing wage rate determinations may be requested for special projects or special worker classifications, if the work to be performed does not conform to traditional public construction for which a prevailing wage rate has been established under (a) of this section. Requests for special wage rate determinations must be in writing and filed with the commissioner at least 30 days before the award of the contract. An applicant for a special wage rate determination shall have the responsibility to support the necessity for the special rate. An application for a special wage rate determination filed under this section must contain

(1) a specification of the contract or project on which the special rates will apply and a description of the work to be performed;

(2) a brief narrative explaining why special wage rates are necessary;

(3) the job class or classes involved;

(4) the special wage rates the applicant is requesting, including survey or other relevant wage data to support the requested rates;

(5) the approximate number of employees who will be affected; and

(6) any other information which might be helpful in determining if special wage rates are appropriate.

(d) The prevailing wage rate established in (a) of this section shall be considered the minimum wage rate that shall be paid to various classes of laborers, mechanics, and field surveyors.

(e) This section shall be made part of every contract that falls within the scope of AS 36.05.010 and 36.05.070(a).

History

Authority: AS 36.05.010; AS 36.05.030; AS 36.05.070
Eff. 7/8/73, Register 47; am 7/30/82, Register 83; am 8/9/2001, Register 159; am 3/2/2008, Register 185; am 11/25/2018, Register 228

8 AAC 30.051 Purpose {#sec-8-aac-30.051 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.051}

The purpose of 8 AAC 30.052 - 8 AAC 30.056 is to ensure that wages paid to laborers, mechanics, and field surveyors do not fall below the prevailing rate of pay.

History

Authority: AS 23.05.060; AS 36.05.030 AS 36.05.010; AS 36.10.075
Eff. 11/25/2018, Register 228

8 AAC 30.052 Board and lodging; remote sites {#sec-8-aac-30.052 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.052}

(a) A contractor on a public construction project located 65 or more road miles from the international airport closest to the project area in either Fairbanks, Juneau, or Anchorage, or that is inaccessible by road in a two-wheel drive vehicle, shall provide adequate board and lodging to each laborer, mechanic, or field surveyor while the person is employed on the project. If commercial lodging facilities are not available, the contractor shall provide temporary lodging facilities. Lodging facilities must comply with all applicable state and federal laws. For a highway project, the location of the project is measured from the midpoint of the project.

(b) A contractor is not required to provide board and lodging:

(1) to a laborer, mechanic, or field surveyor who is a domiciled resident of the project area; or

(2) on a laborer, mechanic, or field surveyor's scheduled days off, when the person can reasonably travel between the project and the person's permanent residence; for the purposes of this paragraph, "scheduled day off" means a day in which a person does not perform work on-site, is not required to remain at or near the job location for the benefit of the contractor, and is informed of the day off at least seven days before the day off.

(1) the project is inaccessible by road in a two-wheel drive vehicle, but the laborer, mechanic, or field surveyor can reasonably travel between the project and the person's permanent residence within one hour; or

(2) a laborer, mechanic, or field surveyor is not a domiciled resident of the project area, but has established permanent residence, with the intent to remain indefinitely, within 65 road miles of the project, or for a highway project, the mid-point of the project.

History

Authority: AS 23.05.060; AS 36.05.030 AS 36.05.010; AS 36.10.075
Eff. 11/25/2018, Register 228

8 AAC 30.054 Per diem instead of board and lodging {#sec-8-aac-30.054 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.054}

(a) A contractor may pay a laborer, mechanic, or field surveyor per diem instead of providing board and lodging, when the following conditions are met

(1) the department determines that per diem instead of board and lodging is an established practice for the work classification; the department shall publish and periodically revise its determinations in the pamphlet Laborers' and Mechanics' Minimum Rates of Pay;

(2) the contractor pays each laborer, mechanic, or field surveyor the appropriate per diem rate as published and periodically revised in the pamphlet Laborers' and Mechanics' Minimum Rates of Pay; and

(3) the contractor pays the per diem to each laborer, mechanic, or field surveyor on the same day that wages are paid.

(b) A contractor may not pay per diem instead of board and lodging on a highway project located

(1) west of Livengood on the Elliot Highway, AK-2;

(2) on the Dalton Highway, AK-11;

(3) north of milepost 20 on the Taylor Highway, AK-5;

(4) east of Chicken on the Top of the World Highway; or

(5) south of Tetlin Junction to the Alaska-Canada border on the Alaska Highway, AK-2.

History

Authority: AS 23.05.060; AS 36.05.030 AS 36.05.010; AS 36.10.075
Eff. 11/25/2018, Register 228

8 AAC 30.056 Alternative arrangement {#sec-8-aac-30.056 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.056}

Upon a contractor's written request, the commissioner may approve an alternative board and lodging or per diem arrangement, provided

(1) the arrangement does not reduce the laborer, mechanic, or field surveyor's wages below the prevailing wage rate; and

(2) the laborer, mechanic, or field surveyor voluntarily enters into and signs the written arrangement; a labor organization representing laborers, mechanics, or field surveyors may enter into the written agreement on their behalf.

History

Authority: AS 23.05.060; AS 36.05.030 AS 36.05.010; AS 36.10.075
Eff. 11/25/2018, Register 228

Article 3 Employment Preference

8 AAC 30.060 Resident hiring {#sec-8-aac-30.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.060}

Repealed 9/27/87.

8 AAC 30.061 Contracting agency reporting requirements {#sec-8-aac-30.061 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.061}

(a) Within 20 days after awarding a contract or grant covered by AS 36.10.180, a state agency or political subdivision of the state shall file with the department a notice containing

(1) the name and address of the state agency or political subdivision awarding the contract or grant;

(2) the name of the head of the state agency or political subdivision awarding the contract or grant;

(3) the date of the contract or grant award;

(4) the total amount of the contract or grant;

(5) the location of the project; and

(6) the name and address of each contractor and subcontractor performing work on the project.

(b) A state agency or political subdivision of the state shall report immediately to the department any changes or additions regarding the notice required in (a) of this section which involve either

(1) a change in the identity of a contractor or subcontractor performing work on the project; or

(2) a change in the total amount of the contract if the change exceeds $10,000.

History

Authority: AS 36.10.075; AS 36.10.076
Eff. 9/27/87, Register 103

8 AAC 30.062 Employer reporting requirements {#sec-8-aac-30.062 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.062}

(a) Upon request by the department, an employer required to file a quarterly report of employment and wages under AS 23.20.105 - 23.20.535 shall include in its quarterly report the following information for each employee:

(1) either the occupational title or the four-digit standard occupational classification code for the last position held by the employee; and

(2) the two-digit geographic area code of the employee's primary work location.

(b) The department will provide each employer required to submit information under (a) of this section with a list of occupational codes and titles applicable to its industry and a map showing the boundaries and code for each geographic area of the state.

History

Authority: AS 36.10.075; AS 36.10.190
Eff. 9/27/87, Register 103

8 AAC 30.064 Hiring preference for residents of zone of underemployment {#sec-8-aac-30.064 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.064}

(a) For purposes of AS 36.10.150, the commissioner will determine that an area is a zone of underemployment if

(1) the rate of unemployment within the area is at least 10 percent greater than the average national unemployment rate for the most recent 12-month period for which unemployment insurance figures are available, or a longer period determined appropriate by the commissioner to take into account unemployment trends exceeding a one-year period; for example, if the national unemployment rate is seven percent, the rate of unemployment in the area must be at least 7.7 percent for the area to be a zone of underemployment;

(2) at least 10 percent of the jobs in a particular craft or occupation that would be used on a particular public-funded project could be filled by residents of the area who are trained or experienced in that craft or occupation; a determination under this paragraph will be based on data for the quarter of highest employment for the most recent calendar year for which data is available;

(3) the lack of employment opportunities has substantially contributed to serious social or economic problems in the area, as determined under 8 AAC 30.068; and

(4) the employment of nonresidents is a peculiar source of unemployment for residents of the area, as determined under 8 AAC 30.069.

(b) For a public-funded project, the percentage of positions which must be reserved under AS 36.10.150 for eligible residents, in a craft or occupation subject to a hiring preference, is the percentage that would result in a determination under (a) of this section that the area was not a zone of underemployment. The department will compute the percentage for an occupation or craft and announce it after the determination under (a) of this section is made.

History

Authority: AS 36.10.075; AS 36.10.150
Eff. 9/27/87, Register 103; am 6/8/2011, Register 198

8 AAC 30.065 Hiring preference for residents of economically distressed zone {#sec-8-aac-30.065 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.065}

Repealed.

History

Eff. 9/27/87, Register 103; repealed 8/9/2001, Register 159

8 AAC 30.066 Hiring preference for economically disadvantaged minority residents {#sec-8-aac-30.066 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.066}

Repealed.

History

Eff. 9/27/87, Register 103; repealed 8/9/2001, Register 159

8 AAC 30.067 Hiring preference for economically disadvantaged female residents {#sec-8-aac-30.067 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.067}

Repealed.

History

Eff. 9/27/87, Register 103; repealed 8/9/2001, Register 159

For purposes of AS 36.10.150 - 36.10.175 and this chapter, the lack of employment opportunities has substantially contributed to serious social or economic problems if changes in indicators of social and economic problems are linked to changes in the number of people who want to work and are unable to obtain work. The commissioner will use correlation analysis, testimony, professional studies, or other evidence to establish the relationship between unemployment and social or economic problems.

History

Authority: AS 36.10.075; AS 36.10.160; AS 36.10.175 AS 36.10.150; AS 36.10.170
Eff. 9/27/87, Register 103

8 AAC 30.069 Determination of peculiar source of unemployment {#sec-8-aac-30.069 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.069}

For purposes of AS 36.10.150 - 36.10.175, and 8 AAC 30.064, the commissioner will determine that employment of nonresidents is a peculiar source of unemployment if more than 10 percent of the residents of an area who are trained or experienced in a craft or occupation are unemployed and more than 10 percent of the total number of workers employed in that area in that craft or occupation are not residents of the area.

History

Authority: AS 36.10.075; AS 36.10.160; AS 36.10.175 AS 36.10.150; AS 36.10.170
Eff. 9/27/87, Register 103; am 8/9/2001, Register 159

8 AAC 30.070 Annual report by agency or political subdivision of the state {#sec-8-aac-30.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.070}

Repealed 9/27/87.

8 AAC 30.071 Determination of past economic discrimination {#sec-8-aac-30.071 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.071}

Repealed.

History

Eff. 9/27/87, Register 103; repealed 8/9/2001, Register 159

8 AAC 30.072 Determining residency {#sec-8-aac-30.072 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.072}

The department will consider the following information in determining whether a person is a resident:

(1) where the person, the person's spouse, and the person's dependent children maintain their principal place of abode;

(2) where the person's dependent children are enrolled in school;

(3) the person's address on driver's licenses;

(4) the person's address on motor vehicle registrations;

(5) where the person's bank, credit union, or other financial accounts are maintained;

(6) the person's address on hunting, fishing, trapping, or other licenses;

(7) where the person is registered to vote;

(8) the person's address as shown on Department of Revenue permanent fund dividend records; and

(9) any other relevant facts.

History

Authority: AS 36.10.075; AS 36.10.140; AS 36.95.010(4)
Eff. 9/27/87, Register 103

8 AAC 30.073 Determination of resident hiring preferences {#sec-8-aac-30.073 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.073}

(a) The commissioner will, at least biennially, determine whether an area is a zone of preference under AS 36.10 and this chapter if enough data is available to make that determination.

(b) The commissioner will include, in the annual resident hire report required under AS 36.10.130, all resident preference determinations made during the previous calendar year.

(c) When an area has been determined to be a resident hiring zone of preference, the department will notify all contractors of record who are or will be performing work on public-funded projects in the zone, and will notify all state agencies and political subdivisions that have public-funded projects in the zone.

(d) Upon notification under (c) of this section, the resident hiring preference requirements are effective immediately and apply to all public-funded projects in the zone.

History

Authority: AS 36.10.075
Eff. 9/27/87, Register 103; am 3/2/2008, Register 185

8 AAC 30.078 Resident hiring preferences in overlapping or multiple zones {#sec-8-aac-30.078 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.078}

(a) If two areas are determined to be zones of preference under AS 36.10 and this chapter for the same resident hiring preference, and one of the zones is located entirely within the other, the preference requirements will apply to the larger zone.

(b) As provided in AS 36.10.150 - 36.10.175, if a public-funded project is located in more than one zone, the entire project is subject to the resident hiring preferences in effect in those zones.

History

Authority: AS 36.10.075
Eff. 9/27/87, Register 103

8 AAC 30.080 Public Contracts {#sec-8-aac-30.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.080}

Repealed 12/4/76.

8 AAC 30.081 Compliance with preference requirements {#sec-8-aac-30.081 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.081}

(a) To comply with AS 36.10.150 - 36.10.175, an employer subject to a resident hiring preference shall meet the relevant resident hire percentage, prescribed under this chapter, for each separate workweek. If an area has been determined to be a zone of preference for more than one type of resident hiring preference, the requirements of each preference apply. An employer may count the hire of an eligible resident toward satisfaction of each preference for which the resident qualifies.

(b) An employer subject to a resident hiring preference shall certify that each person hired as a resident under the preference was eligible for the preference at the time of hiring. The employer's certification must be provided on the weekly certified payroll form filed with the department (Form 07-6058); must include the name and residence address of each employee on the project, including supervisory employees; and must include a statement of compliance with all resident hiring preferences in effect.

(c) A labor organization that dispatches members for work on a public-funded project subject to a resident hiring preference shall certify to the employer at the time of dispatch that each person dispatched as a resident to meet a preference was eligible for the preference at the time of dispatch. The labor organization's certification must be in writing and must include the name and residence address of each person dispatched to the project.

(d) An employer subject to a resident hiring preference who is unable to find enough eligible residents may request from the department a waiver to hire an ineligible person for a specific job. The waiver request must be submitted to the department at least seven calendar days before the waiver is required to be considered for approval. Within three working days, the department shall determine whether the contractor's proposed minimum qualifications for the position covered by the waiver request are acceptable. The employer must place an advertisement using at least one public form of statewide advertising, such as a newspaper with statewide circulation, and must request that the Alaska Employment Service post a statewide facilitated recruitment job order through the Alaska Job Center Network. The advertisement and the job order must run for at least three calendar days, and both must

(1) state that the purpose of the request is to satisfy employment preference requirements of this state under AS 36.10 and that applicants must be residents of this state;

(2) list the job title and minimum qualifications as accepted by the department;

(3) identify the rate of pay including fringe benefits and other compensation, such as travel or room and board;

(4) identify the job location, expected duration of the job, and the number of expected daily and weekly work hours; and

(5) specify that all job seekers apply through the Alaska Job Center Network.

(e) An employer subject to a resident hiring preference who is unable to find enough eligible residents from either private sources or from the applicants referred by the state employment center under (d) of this section may request from the department a waiver to hire an ineligible person for a specific job. A request for a waiver under this subsection must contain

(1) a description of the job for which a waiver is requested, to include the wages, benefits, expected start date, work schedule, and job duration;

(2) the required qualifications for the job for which a waiver is requested;

(3) the qualifications of the person for whom the waiver is requested;

(4) the name and residence address of the person for whom the waiver is requested;

(5) a description of the employer's efforts to obtain an eligible resident from private sources for the job for which a waiver is requested;

(6) a copy of the recruitment report from the Alaska Job Center Network containing the following information and documentation:

(A) a copy of the job order, a listing of all applicants from the job order and other private recruitment efforts, and the listing of the applicants referred to the employer;

(B) the recruitment result report to show the number of individuals interviewed, hired or not hired;

(C) and, a statement from the Alaska Job Center Network that the employer did or did not comply with the recruitment requirements;

(7) the name and location of the project for which the waiver is requested; and

(8) an explanation of why each applicant referred was not hired.

(f) The department will grant a waiver to employ an ineligible person if the employer establishes, to the department's satisfaction, that there are no qualified eligible residents for a specific job. A waiver granted by the department expires six months from the approval date, at the completion of the specific job for which the ineligible person was hired, or at the time the ineligible person terminates, whichever occurs first. The department will either grant or deny the waiver within 20 working days after receiving the request for a waiver and the supporting evidence required under (e) of this section.

(g) A waiver granted under this section will be determined invalid unless the same benefits provided to the ineligible nonresident, such as housing and transportation to the work site, are also offered and provided to eligible resident applicants.

History

Authority: AS 36.10.070; AS 36.10.140; AS 36.10.190 AS 36.10.075; AS 36.10.180
Eff. 9/27/87, Register 103; am 3/2/2008, Register 185

8 AAC 30.082 Department determination of eligibility for preference {#sec-8-aac-30.082 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.082}

(a) Following a determination under this chapter that an area is a zone of preference, the department's assistance may be requested in determining a person's eligibility for a resident hiring preference in a craft or occupation on a public-funded project. Application for an eligibility determination must be made on a form available from the division or from any state employment center. An applicant may mail or deliver the completed application to the division or to any state employment center.

(b) A person will be determined to be eligible for a resident hiring preference if the person establishes, to the department's satisfaction, that he or she meets the eligibility criteria in AS 36.10.140 and 36.10.150 - 36.10.175. An applicant will be notified of the department's determination.

(c) The department will, in its discretion, request that an applicant provide additional information to the department. The additional information will be made a part of the application, and will, in the department's discretion, be used in determining the applicant's eligibility.

(d) If a person is determined under this section to be ineligible, a new application may be submitted if there are new or previously undisclosed facts bearing upon eligibility. The applicant shall note that the application is not an initial application and shall set out the new or previously undisclosed facts.

(e) An employer may rely on the department's determination of eligibility under this section in meeting the requirements of AS 36.10.140(c) and 36.10.150 - 36.10.175.

History

Authority: AS 36.10.070; AS 36.10.075; AS 36.10.140
Eff. 9/27/87, Register 103

8 AAC 30.084 Appeals of eligibility determinations {#sec-8-aac-30.084 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.084}

(a) A determination by the department under 8 AAC 30.082 that a person is not eligible for a resident hiring preference is final unless the applicant, or the applicant's representative, files a written appeal with the department within 20 days after receipt of the determination.

(b) An appeal must contain the name and mailing address of the applicant, the reasons for the appeal, and any arguments or information in support of the appeal.

(c) The department will, in its discretion, consider any relevant evidence in deciding an appeal even if the evidence is not admissible under Alaska rules of evidence. The department will, in its discretion, request additional information from the applicant. The applicant must respond in writing to a request for additional information within 10 days after receipt of the request. The department will, in its discretion, grant an extension of time to an applicant for good cause shown.

(d) Any notices or other documents in connection with an appeal will be mailed to the last address furnished by the applicant.

(e) The department will issue a written decision on the appeal within 30 days after receipt of the appeal or within 30 days after the submission of additional information requested under (c) of this section. The decision will include findings of fact and conclusions of law, and will be served on all parties to the appeal. The decision under this subsection is the final decision of the department.

History

Authority: AS 36.10.075; AS 36.10.140
Eff. 9/27/87, Register 103

8 AAC 30.086 Approval of job training programs {#sec-8-aac-30.086 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.086}

(a) For the purposes of AS 36.10.140(a)(4), the following types of job training programs are approved:

(1) a program approved by the Alaska Commission on Postsecondary Education, or by an equivalent agency in another state if the program is located in another state; or

(2) a program approved by the United States Department of Labor, Office of Apprenticeship.

(b) For the purposes of AS 36.10.140(a)(4), the following types of training programs will, in the department's discretion, be approved:

(1) a program sponsored or conducted by an employer or union; or

(2) a program approved under the Workforce Innovation and Opportunity Act (WIOA) 2014, Pub. L. No. 113-128.

History

Authority: AS 36.10.140
Eff. 9/27/87, Register 103; am 8/12/2018, Register 227

8 AAC 30.088 Computations regarding hiring preference requirements {#sec-8-aac-30.088 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.088}

Computing the number of workers or positions for resident employment preference under AS 36.10 and this chapter might result in a number that contains a fraction. In such cases, the fraction is to be dropped. For example, a result of 4.8 workers should be shown as 4 workers.

History

Authority: AS 36.10.075
Eff. 9/27/87, Register 103

Article 4 Investigations and Hearings

8 AAC 30.090 Investigations, conferences, and persuasion {#sec-8-aac-30.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.090}

(a) The division will investigate potential violations of AS 36 (Public Contracts), on its own motion or on the complaint of any person.

(b) If, after preliminary investigation, the division finds that probable cause exists to believe that a violation of AS 36.05 or AS 36.10 has occurred, the division will provide the respondent believed to have violated AS 36.05 or AS 36.10 a copy of the complaint or a description of the alleged violation by personal service or certified mail to the last known address of the respondent and to the respondent's registered agent, if any. If respondent is a subcontractor, the division will also provide the prime contractor with a copy of the complaint or a description of the alleged violation by personal service or certified mail to the prime contractor's registered agent.

(c) The division will attempt to eliminate the alleged violation through conference and persuasion by providing the respondent and prime contractor an opportunity for an informal conference to discuss the matter and attempt to eliminate the alleged violations.

(d) If an alleged violation is not rectified by the informal conference, or if the respondent or prime contractor fails to attend the conference without good cause, the division will notify the respondent and the prime contractor in writing of the failure of the informal conference. The division will include in its notification a summary of the division's investigative findings.

(e) The respondent or the prime contractor may request a hearing by sending the division a written request postmarked not later than 30 days of the date of the division's notification of the failure of the informal conference under (d) of this section. The hearing request must identify any investigative findings in dispute and the basis for the dispute, including any affirmative defenses. Upon receipt of a request for a hearing, the division will refer the case for hearing. Hearings under this section will be conducted in accordance with 8 AAC 30.100.

(f) If no timely request for hearing is received, the division's investigative findings will be final.

History

Authority: AS 23.05.060; AS 36.10.075 AS 36.05.030; AS 36.10.120
Eff. 12/4/76, Register 60; am 7/30/82, Register 83; am 1/2/91, Register 116; am 8/9/2001, Register 159; am 3/2/2008, Register 185; am 8/12/2018, Register 227

8 AAC 30.100 Hearings {#sec-8-aac-30.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.100}

(a) Both respondent and complainant may be represented by counsel. If counsel for a party notifies the division, in writing, that counsel is appearing in the matter on behalf of the party, service of notices, memoranda, recommendations, or other papers will be considered sufficient if made on counsel.

(b) The division will give notice to the respondent and to the complainant, if any, of the time and place of the hearing on an alleged violation of AS 36.05 or AS 36.10 by certified mail, or by personal service at least 15 days before the hearing. Mailing to the last known address or the address listed with the division assigned occupational licensing for construction contractors functions in the Department of Commerce, Community, and Economic Development shall be considered valid service. The notice will contain a copy of the complaint and a description of the alleged violation which will be considered at the hearing.

(c) The location of the hearing will be designated by the division with due regard for the convenience of all persons involved. All hearings are public.

(d) The director will appoint a wage and hour investigator or contract with an attorney licensed in this state to serve as hearing officer, to preside over the hearing, and to make findings of fact and conclusions of law to be used as a basis for the director's decision. An investigator who has investigated the alleged violations or taken part in the informal conference under 8 AAC 30.090 will not be appointed hearing officer.

(e) The hearing officer has full authority to control the procedure of the hearing and to rule on all motions and objections.

(f) The hearing officer may admit any relevant evidence, regardless of the existence of any common law or statutory or court rule which might make improper the admission of such evidence over objection in civil actions, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but will not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(g) Oral evidence must be given under oath or affirmation. A record of the proceedings will be kept.

(h) The hearing officer, respondent, and complainant may

(1) call and examine witnesses;

(2) cross-examine opposing witnesses on any matter relevant to the issue at hand even though that matter was not covered in direct examination; and

(3) introduce exhibits.

(i) If the respondent or complainant does not testify in that person's own behalf, that person may be called and examined as if under cross-examination.

(j) The hearing officer may, for good cause shown, continue a hearing from day to day or recess it to a later date or to a different place by announcement at the hearing or by notice.

History

Authority: AS 23.05.060; AS 36.10.075 AS 36.05.030; AS 36.10.120
Eff. 12/4/76, Register 60; am 1/2/91, Register 116; am 8/9/2001, Register 159

8 AAC 30.110 Decisions {#sec-8-aac-30.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.110}

(b) Upon making a decision, the director will serve it upon the respondent and complainant, if any, by personal service or certified mail, return receipt requested. If the director determines that the respondent has violated AS 36.05 or AS 36.10, the decision may contain such cease and desist orders and other orders and relief, including a recommendation that the respondent be placed on a list of violators who are barred from performing public contracts as provided under AS 36.05.090 and AS 36.10.090, as the director considers appropriate to correct the unlawful conduct.

(c) If, after the director's decision finding the respondent in violation of AS 36.05 or AS 36.10 is served on the respondent, the director determines that the respondent has not ceased or has failed to correct the unlawful conduct, the director will refer the matter to the attorney general for enforcement.

History

Authority: AS 23.05.060; AS 36.10.075; AS 36.10.125 AS 36.05.030; AS 36.10.120
Eff. 12/4/76, Register 60; am 8/9/2001, Register 159

Article 5 Debarment

8 AAC 30.200 Review and recommendations {#sec-8-aac-30.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.200}

(a) Contractors or subcontractors who have disregarded their obligations to employees as defined in 8 AAC 30.900 may be subject to debarment for three years.

(b) Debarment will be considered in those cases in which a contractor or subcontractor has committed willful, aggravated or repeated violations of the provisions of AS 36.05.

(c) The standards to be considered in determining if the contractor's or subcontractor's violations merit recommendation for debarment are

(1) falsification or concealment of records;

(2) refusal to pay prevailing wages;

(3) failure to pay prevailing wages;

(4) extent and seriousness of the violations; or

(5) three or more violations on the same or separate contracts within a five-year period.

(d) A prime contractor may be considered for debarment in cases where the violations are committed by its subcontractors. Criteria considered in determining whether a prime should be debarred are:

(1) a history of subcontractors violating under that prime;

(2) failure of the prime contractor to notify its subcontractors of the requirements of AS 36.05; and

(3) informing subcontractors how not to comply, or assisting a subcontractor in not complying with AS 36.05.

(e) At the completion of an enforcement action against a contractor or subcontractor for a violation of AS 36.05, the investigator will review the file to determine if a recommendation for debarment is warranted in accordance with (c) or (d) of this section. If it is determined that a recommendation for debarment is proper, the investigator will forward the recommendation citing specific statutes through his or her supervisor to the director. The director will review the recommendation of the investigator and determine if the case will be referred for hearing.

(f) When, as a result of an investigation conducted by the department, the director finds reasonable cause to believe that a contractor or subcontractor has committed willful or aggravated violations of AS 36.05 which constitute a disregard of its obligations to employees under that chapter, the director shall notify by personal service or certified mail to the last known address, the contractor or subcontractor and its responsible officers, of the finding. The director shall afford the contractor or subcontractor and any other parties notified an opportunity for a hearing as to whether debarment action should be taken under AS 36.05.090. The director will furnish to those notified a summary of the investigative findings. If the contractor or subcontractor or any other parties notified request a hearing, the request must be made by letter postmarked within 30 days of the date of the letter from the director. The request must set forth any findings which are in dispute and the reasons therefor, including any affirmative defenses to be raised. Upon receipt of a request for a hearing, the director shall refer the case for hearing to determine the facts in dispute.

(g) Hearings under this section shall be conducted in accordance with 8 AAC 30.210. If no hearing is requested within 30 days of the date of the director's letter, the director's findings shall be final.

History

Authority: AS 23.05.060; AS 36.05.030; AS 36.05.090
Eff. 1/2/91, Register 116

8 AAC 30.210 Hearings {#sec-8-aac-30.210 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.210}

(a) The respondent may be represented by counsel. If counsel for a party notifies the division, in writing, that counsel is appearing in the matter on behalf of the party, service of notices, memoranda, recommendations, or other papers will be considered sufficient if made on counsel.

(b) The division will give notice to the respondent of the time and place of the hearing on an alleged violation of AS 36.05 by certified mail or by personal service at least 15 days before the hearing. The notice will contain a summary of investigative findings that will be considered at the hearing. Service on the address a contractor or subcontractor has provided to the division assigned occupational licensing functions in the Department of Commerce, Community, and Economic Development for the purpose of obtaining a contractor's license, or the last known address furnished by the contractor or subcontractor, shall be considered valid service.

(c) The location of the hearing will be designated by the division with due regard for the convenience of all persons involved. All hearings are public.

(d) The director will appoint a wage and hour investigator or contract with an attorney licensed in this state to serve as hearing officer to preside over the hearing and to make findings of fact and conclusions of law to be used as a basis for the director's decision. An investigator who has investigated the alleged violations or taken part in the informal conference under 8 AAC 30.090 will not be appointed hearing officer.

(e) The hearing officer has full authority to control the procedure of the hearing and to rule on all motions and objections.

(f) The hearing officer may admit any relevant evidence, regardless of the existence of any common law or statutory or court rule that might make improper the admission of such evidence over objection in civil actions, if the evidence is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but is not sufficient in itself to support a finding unless the hearsay evidence would be admissible over objection in civil actions. The hearing officer may issue subpoenas at the request of either party or on the hearing officer's own motion.

(g) Oral evidence must be given under oath or affirmation. A record of the proceedings will be kept.

(h) The hearing officer, respondent, and complainant may

(1) call and examine witnesses;

(2) cross-examine opposing witnesses on any matter relevant to the issue at hand even though that matter was not covered in direct examination; and

(3) introduce exhibits.

(i) If the respondent does not testify in the respondent's own behalf, that person may be called and examined as if under cross-examination.

(j) The hearing officer may, for good cause shown, continue a hearing from day to day or recess it to a later date or to a different place by announcement at the hearing or by notice.

(k) The department has the burden of proving that the alleged violations have occurred. The standard of proof required is by a preponderance of the evidence.

History

Authority: AS 23.05.060; AS 36.05.030; AS 36.05.090
Eff. 1/2/91, Register 116; am 8/9/2001, Register 159

8 AAC 30.220 Decisions {#sec-8-aac-30.220 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.220}

(a) Within 90 days of concluding a hearing, the hearing officer will prepare a written recommendation to the director containing findings of fact and conclusions of law. A copy of the recommendations will be mailed or otherwise delivered to the respondent and to the complainant, if any. The director may accept the recommendations, in part or in whole, or may remand the matter for further hearing. The director must act upon the hearing officer's recommendation and render a decision within 30 days.

(b) Upon making a decision, the director will serve it upon the respondent by personal service or certified mail. If the director determines that the respondent has disregarded its obligations to employees under AS 36.05, the decision will order that the respondent be placed on a list of violators who are barred from performing public contracts as provided under AS 36.05.090.

(c) In the absence of or in addition to action of a state disbursing officer or local fiscal officer, the department will distribute a list reflecting the names of debarred contractors and the effective period of the debarment.

History

Authority: AS 23.05.060; AS 36.05.030; AS 36.05.090
Eff. 1/2/91, Register 116; am 3/2/2008, Register 185

8 AAC 30.230 Appeals {#sec-8-aac-30.230 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.230}

The director's decision is final. Appeals must be filed in superior court in accordance with Alaska Court Rules of Appellate Procedure.

History

Authority: AS 23.05.060; AS 36.05.030; AS 36.05.090
Eff. 1/2/91, Register 116

8 AAC 30.240 Request for removal {#sec-8-aac-30.240 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.240}

Any person or firm debarred under AS 36.05.090 and 8 AAC 30.220 may, in writing, request removal from the debarment list after six months from the date the debarment took effect. All requests should be directed to the director of labor standards and safety and must contain a full explanation of the reasons why such person or firm should be removed from the debarred list. In cases where the contractor or subcontractor failed to make full restitution of wages and fringe benefit contributions to all underpaid employees, a request for removal will not be considered until all underpayments, including appropriate interest, are made. In other cases, the director will examine the facts and circumstances surrounding the violative practices which caused the debarment and issue a decision as to whether or not the person or firm has demonstrated a current responsibility to comply with AS 36.05 and therefore should be removed from the ineligible list.

History

Authority: AS 23.05.060; AS 36.05.030; AS 36.05.090
Eff. 1/2/91, Register 116

Article 6 General Provisions

8 AAC 30.900 General definitions {#sec-8-aac-30.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.900}

In this chapter and in AS 36

(1) "commissioner" means the commissioner of labor and workforce development;

(2) "crafts" and "occupations" mean the occupations identified in the Standard Occupational Classification Manual (2018 edition);

(3) "debar" or "debarment" means being placed on a list of persons who are barred from performing public contracts under AS 36.05.090;

(4) "department" means the Alaska Department of Labor and Workforce Development;

(5) "director" means the director of the labor standards and safety division of the department;

(6) "disregarded their obligations to employees" (or a grammatical variant) as used in AS 36.05.090 and this chapter includes any of the following:

(A) failure or refusal to pay basic prevailing wages;

(B) failure or refusal to pay fringe benefits into the appropriate union trust, approved private pension plan, or other approved fringe benefit plan within applicable time limits;

(D) failure to pay unconditionally; or

(E) failure to report wage payments to employees accurately and timely as required by AS 36.05.040;

(7) "division" means the labor standards and safety division of the department;

(8) "eligible resident" means a person who meets the requirements of AS 36.10.140(a) and AS 01.10.055 and who, under 8 AAC 30.072, would be determined to be a resident of an area that has been determined by the department under this chapter to be a resident hiring zone of preference;

(9) "hire" and its derivatives mean engaging an individual to work on a public-funded project, and includes the transfer of an existing employee from one location to another or from one craft or occupation to another;

(10) "interest" as used in AS 36.05.090 means more than five percent investment in a partnership or association, more than ten percent share in stock in a corporation, or holding any elected or appointed office in the business entity;

(11) "majority penetration" means that the majority of qualified laborers, mechanics, and field surveyors working at a particular skill level in a particular job class, as indicated by response to a department survey, receive a particular wage;

(12) "marginally employed" means that a person is employed for fewer than 30 hours a week and the person wishes to work 30 hours or more a week;

(13) "owner/operator" as used in 8 AAC 30.020(d) means those independent contractors who by virtue of the duties they perform, or the manner in which they perform them, cannot be considered employees of the person or entity who has contracted for their service; in this paragraph, "independent contractor" means a person who

(A) has an express contract to perform the services;

(B) is free from direction and control over the means and manner of providing services, subject only to the right of the individual for whom, or entity for which, the services are provided to specify the desired results, completion schedule, or range of work hours, or to monitor the work for compliance with contract plans and specifications, or federal, state, or municipal law;

(D) has an opportunity for profit and loss as a result of the services performed for the other individual or entity; and

(E) is free to hire and fire employees to help perform the services for the contracted work;

(14) repealed 8/9/2001;

(15) "person" and "persons" as used in AS 36.05.090 means a person as that term is defined in AS 01.10.060(8);

(16) "prevailing wage rate" means the total of the basic hourly rate, health and welfare, pension, legal service, apprentice training payments and other fringe benefits which inure to the benefit of the worker, as published by the department;

(17) "public-funded project" means a project described in AS 36.10.180 and AS 36.95.010(3);

(18) "qualified" means having the education, training and experience necessary to perform the duties and satisfy the terms and conditions which are usual for the industry or profession or having the status specified in AS 36.95.010(4);

(19) "state agency" means a state agency described in AS 36.10.180(a)(1);

(20) "state employment centers" means those offices maintained by the department whose functions are to aid the unemployed in finding employment;

(21) "underemployed" means employed in a job that requires less skill or training than a job for which the employee is trained and qualified.

(22) "domiciled resident" means a person living within 65 road miles of a public construction project, or in the case of a highway project, the mid-point of the project, for at least 12 consecutive months prior to the award of the public construction project;

(23) "employed on the project" means the time period from the date the laborer, mechanic, or field surveyor first reports on-site to the project through the final date the person reports on-site to the project.

History

Authority: AS 23.05.060; AS 36.10.075; AS 36.95.010 AS 36.05.030; AS 36.10.140
Eff. 7/8/73, Register 47; am 12/4/76, Register 60; am 7/30/82, Register 83; am 9/27/87, Register 103; am 1/2/91, Register 116; am 8/9/2001, Register 159; am 8/12/2018, Register 227; am 11/25/2018, Register 228; am 1/10/2021, Register 237

8 AAC 30.910 Definition of "on-site." {#sec-8-aac-30.910 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.910}

(a) In AS 36.95.010(3), "on-site" means at the physical place where the construction called for in a contract will remain when work on it has been completed and at other property used by the contractor or subcontractor in the construction which can reasonably be said to be included in the site because of proximity. The scope of "on-site"

(1) has the following exceptions:

(A) for a truck driver employee or truck driver owner/operator working for a contractor or subcontractor on the project, "on-site" encompasses all round-trip truck driving activity associated with delivering or hauling away materials, equipment, or supplies for the purposes of completing a public construction contract;

(B) for a truck driver employee or truck driver owner/operator who is working for a contractor or subcontractor on the project, and who, for the purposes of completing a public construction contract, hauls materials, equipment, or supplies away from a public construction project footprint, but does not return to the public construction project, "on-site" encompasses the haul-away activities until the truck is offloaded;

(C) a truck driver performing delivery as an employee of a bona fide material supplier or common carrier is not "on-site" when delivering materials from a location that is not "on-site," including that material supplier's home yard or warehouse, if that location is not dedicated exclusively or nearly so to performance of one or more public construction projects;

(2) is extensive for larger projects, including airports, dams, and roads, and includes the whole area in which the contract construction activity will take place; work areas separate from the physical footprint of the construction activity, including fabrication plants, mobile factories, batch plants, borrow pits, rock quarries, job headquarters, tool yards, and similar work areas, are "on-site" if they are in close proximity and are dedicated exclusively or nearly so to performance of one or more public construction projects during the period of contract construction activity;

(3) for smaller projects, normally includes no more than the building itself and its grounds and other land or structures that are "down the block" or "across the street" that the contractor or subcontractor uses in performance of a particular public construction project.

(b) Laborers, mechanics, or field surveyors who perform duties within the limits of "on-site" are subject to the department's wage decision for all hours spent working "on-site." Workers who, under this subsection, are subject to the department's wage decision include

(1) flaggers;

(2) barricade suppliers who set up or move barricades or other traffic control devices;

(3) employees of bona fide material suppliers or common carriers who perform work "on-site," other than mere delivery, including drivers or delivery workers assisting in specific placement of asphalt or concrete during construction operations, stocking materials in rooms or on floors, or otherwise performing work in construction;

(4) workers who perform mobilization or demobilization activities;

(5) workers contracted or employed by material or equipment suppliers who erect, clean, repair, construct, or perform operational checks, other than contractually obligated warranty work, on equipment or material located "on-site"; and

(6) laborers, mechanics, or field surveyors who are engaged by a person or business that is hired or contracted by a prime construction contractor or subcontractor to provide services that are integral and necessary to the construction project; workers who are subject to this paragraph

(A) shall be considered to be "on-site" in the performance of those duties that the contractor or subcontractor was required to perform;

(B) include a trucking firm other than a common carrier whose services are engaged by a construction contractor or subcontractor on a public works job to pick up materials from a supplier's delivery point and transport them to the job site.

(c) Not included in "on-site" are permanent home offices, branch plants, fabrication plants, tool yards, and other establishments of a contractor or subcontractor whose locations and continuance are governed by his general business operations. This is so even though mechanics, laborers, and field surveyors working at such establishments may repair or maintain machinery used in contract performance, or make doors, windows, frames, or forms called for by the contract while continuing normal commercial work. Regardless of the activities performed at these establishments the department's wage decision does not apply, because they are not "on-site." However, if mechanics, laborers, or field surveyors are required to go to a place that is "on-site" to perform activities on the contract, the department's wage decision is applicable for the actual time so spent, not including travel.

(d) For purposes of this section, a location or work area, or the existence or continuing operation of an enterprise, is dedicated exclusively or nearly so one or more public construction projects to if

(1) the location, work area, or enterprise is established in conjunction with one or more public construction projects; and

(2) during the year before a public construction project and during the life of a public construction project, less than 10 percent of documented sales or other uses are attributed to non-public construction projects.

(e) For purposes of this section, a site is in proximity to a public construction project if it is nearby the public construction project footprint and used on a regular and recurring basis to complete the public construction contract. The department will determine whether a site is in proximity to a public construction project on a project-by-project basis, taking into account

(1) the type of project;

(2) whether the use of a nearby site is required for completion of the project;

(3) whether the area of contract operations is developed or undeveloped; and

(4) the geographical lay of the land.

(f) In this section,

(1) "bona fide material supplier"

(A) means a commercial enterprise that holds itself out to the public as offering to supply sand, gravel, ready-mixed concrete, hot asphalt, or other construction materials to multiple clients for both public and private jobs;

(B) does not include a commercial enterprise whose existence or continuing operation is dedicated exclusively or nearly so to one or more public construction projects;

(2) "common carrier"

(A) means a commercial enterprise that holds itself out to the public as offering to transport freight or passengers and delivers multiple types of materials to multiple clients for both public and private jobs on a recurrent basis over established routes; in this subparagraph, "freight"

(i) means materials, supplies, and equipment, other than materials described in (ii) of this subparagraph;

(ii) does not include dirt, sand, gravel, rock, or other naturally occurring earth materials;

(B) does not include a commercial enterprise whose existence or continuing operation is dedicated exclusively or nearly so to one or more public construction projects.

History

Authority: AS 23.05.060; AS 36.05.030; AS 36.10.075
Eff. 7/30/82, Register 83; am 1/2/91, Register 116; am 8/9/2001, Register 159; am 3/24/2011, Register 197

8 AAC 30.920 Definition of "economic region" {#sec-8-aac-30.920 omnilex-key=us-ak-regs-official--title-8--8 AAC 30.920}

In AS 36.10, "economic region" means a geographic area of the state sharing similar economic or demographic characteristics.

History

Authority: AS 36.10.075; AS 36.10.990
Eff. 9/27/87, Register 103

Chapter 35 Oil and Gas Leases, Local Hire

(d) Papers and documents filed by facsimile transmission or by electronic mail must be in compliance with the following:

(1) a party may file a document by electronic mail with the division or the board by sending the document, as an attachment, to the division's electronic mail address or by facsimile transmission, except that a party may file a reemployment benefits administrator document by electronic mail with the reemployment benefits administrator by sending the document, as an attachment, to the administrator's electronic mail address or by facsimile transmission;

(2) a document

(A) sent by facsimile, transmission to the division, board, or administrator may not exceed 50 pages;

(B) electronically mailed to the division, board, or administrator in an electronic mail submission may not exceed 10 megabytes (MB);

(C) electronically mailed to the division, board, or administrator for filing must be sent as attachments in .pdf format;

(3) the filing party must attach proof of service as required by 8 AAC 45.060 by including it on, or attaching it to, the filed document;

(4) filing of a document by

(A) facsimile transmission is considered complete upon receipt of the entire document by the division's facsimile machine;

(B) electronic mail with the division or the board is considered complete upon receipt of the entire document at the division's electronic mail address;

(C) electronic mail with the administrator is considered complete upon receipt of the entire document at the administrator's electronic mail address;

(5) a document is considered filed upon receipt unless received on a Saturday, Sunday, a day the board is closed due to a state-recognized closure, or after 5:00 p.m. Alaska time; if the document is filed on a Saturday, Sunday, a day the board is closed due to a state-recognized closure, or after 5:00 p.m. Alaska time, the filing date will be the next working day;

(6) the division, the board, and the administrator are not responsible for verifying that documents filed electronically are received correctly, that all pages were transmitted, that the document is legible, or that receipt was correct in any other respect; the division, the board, and the administrator are not responsible for technological problems that may occur as a party tries to transmit documents electronically; electronic mail that is identified as having a virus will be deleted immediately, the filing party will be informed by the division, and a document attached to the electronic mail will be considered rejected;

(7) original documents of all electronically filed pleadings must be kept by the party to resolve questions pertaining to authenticity; follow-up originals may not be filed, electronically or otherwise, unless specifically ordered by the board, division, or administrator;

(8) a party filing documents by electronic mail must include in the subject line of the transmitting message

(A) the division's case number for the attached documents; and

(B) a brief description of the documents to be filed;

(9) a party filing documents by facsimile must include a cover sheet with the division's case number and identify the documents to be filed;

(10) the party may not provide extraneous narrative or explanation in the body of the transmitting electronic mail message or on the facsimile cover sheet; information in the electronic mail message or on the facsimile cover sheet is limited to the case name, case number, title of each document that is attached for filing, and the number of pages to be filed;

(11) permission to deviate from the process under this subsection may only be granted for good cause by order of the designee assigned to the case;

(12) failure to adhere to the process under this subsection may result in rejection of the submitted documents.

History

Authority: AS 23.30.005

8 AAC 45.025 Forms {#sec-8-aac-45.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.025}

(a) The division may require the use of forms for the reporting of any information required by this chapter or by AS 23.30.

(b) A person may obtain a list of prescribed and required forms by contacting the division at its offices in Juneau, Anchorage, or Fairbanks.

(c) A list or form referred to in this chapter may be obtained by writing to the State of Alaska, Workers' Compensation Division, P.O. Box 115512, Juneau, Alaska 99811-5512 or on the division's Internet website at http://www.labor.alaska.gov/wc/pdf_list.htm.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.107 AS 23.30.012; AS 23.30.085
Eff. 5/28/83, Register 86; am 3/16/90, Register 113; am 5/12/2019, Register 230; am 6/11/2023, Register 246

8 AAC 45.030 Fees {#sec-8-aac-45.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.030}

(a) The division will charge no fees for any act done by it except

(1) reasonable duplication fees may be charged for copying board files, papers, documents, orders, or decisions; and

(2) reasonable duplication fees may be charged for copying hearing recordings.

(b) The division may, for reasons of administrative convenience, refuse to duplicate or copy material for a person, provided the material sought is available for copying at a division office during normal business hours.

(c) An appellant must pay the cost of preparing the record on appeal. The division will not certify the administrative record until all costs of record preparation have been paid. The party requesting a transcription must pay the transcribing costs.

History

Authority: AS 23.30.005

8 AAC 45.032 Files {#sec-8-aac-45.032 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.032}

(a) Upon receiving written notice of an injury, the division will

(1) establish an injury number;

(2) set up a case file in a format prescribed by the director, using the injury number;

(3) notify the employee or beneficiary, the employer, and the insurer in writing in a format prescribed by the director of the injury number;

(4) put the written notice of the injury in the case file together with documents or anything relating to the employee's injury that is filed with the division or board; and

(5) use the injury number as the claim number if a claim is filed.

(b) If a failure-to-insure investigation is initiated under AS 23.30.080, the division will set up a computer record of the investigation and assign the investigation a case number in the division's case management system. The board will use the assigned case number for official filings requesting board action.

History

Authority: AS 23.30.005; AS 23.30.100 AS 23.30.070; AS 23.30.105
Eff. 7/20/97, Register 143; am 2/27/2000, Register 153; am 4/9/2016, Register 218; am 12/23/2021, Register 240

8 AAC 45.035 Benefit adjustments {#sec-8-aac-45.035 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.035}

Repealed 5/28/83.

8 AAC 45.040 Parties {#sec-8-aac-45.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.040}

(a) Except for a deceased employee's dependent or a rehabilitation specialist assigned by the administrator or chosen by an employee in accordance with AS 23.30.041(g)(1), or selected by the administrator in accordance with AS 23.30.043(b), a person other than the employee filing a claim shall join the injured employee as a party.

(b) Except for a rehabilitation specialist assigned by the administrator or chosen by the employee in accordance with AS 23.30.041(g)(1), or selected by the administrator in accordance with AS 23.30.043(b), a person who files a claim must first prove a compensable injury to be eligible for benefits, or the opposing party must stipulate to or admit facts from which the board can find the employee's injury is compensable.

(c) Any person who may have a right to relief in respect to or arising out of the same transaction or series of transactions should be joined as a party.

(d) Any person against whom a right to relief may exist should be joined as a party.

(e) In a death case, all persons, except minor children, who may be dependents or beneficiaries of the deceased employee, should either join or be joined as parties so the entire liability of the employer or carrier to the dependents or beneficiaries is determined in one proceeding. A minor child's claim must be filed by the surviving parent or other authorized representative.

(f) Proceedings to join a person are begun by

(1) a party filing with the board a petition to join the person and serving a copy of the petition, in accordance with 8 AAC 45.060, on the person to be joined and the other parties; or

(2) the board or designee serving a notice to join on all parties and the person to be joined.

(g) A petition or a notice to join must state the person will be joined as a party unless, within 20 days after service of the petition or notice, the person or a party files an objection with the board and serves the objection on all parties. If the petition or notice to join does not conform to this section, the person will not be joined.

(h) If the person to be joined or a party

(1) objects to the joinder, an objection must be filed with the board and served on the parties and the person to be joined within 20 days after service of the petition or notice to join; or

(2) fails to timely object in accordance with this subsection, the right to object to the joinder is waived, and the person is joined without further board action.

(i) If a claim has not been filed against the person served with a petition or notice to join, the person may object to being joined based on a defense that would bar the employee's claim, if filed.

(j) In determining whether to join a person, the board or designee will consider

(1) whether a timely objection was filed in accordance with (h) of this section;

(2) whether the person's presence is necessary for complete relief and due process among the parties;

(3) whether the person's absence may affect the person's ability to protect an interest, or subject a party to a substantial risk of incurring inconsistent obligations;

(4) whether a claim or petition was filed against the person by the employee; and

(5) if a claim was not filed as described in (4) of this subsection, whether a defense to a claim, if filed by the employee, would bar the claim.

(k) If claims are joined together, the board or designee will notify the parties which case number is the master case number. After claims have been joined together,

(1) a pleading or documentary evidence filed by a party must list the master case number first and then all the other case numbers;

(2) a compensation report, controversion notice, or a notice under AS 23.30.205(f) must list only the case number assigned to the particular injury with the employer filing the report or notice;

(3) documentary evidence filed for one of the joined cases will be filed in the master case and the evidence will be considered as part of the record in each of the joined cases; and

(4) the original of the board's decision and order will be filed in the master case file, and a copy of the decision and order will be filed in each of the joined case files.

(l) After the board hears the joined cases and, if appropriate, the division will separate the case files and will notify the parties. If the joined case files are separated, a pleading or documentary evidence filed thereafter by a party must list only the case number assigned to the particular injury with the employer filing the pleading or documentary evidence.

History

Authority: AS 23.30.005; AS 23.30.110; AS 23.30.140 AS 23.30.010; AS 23.30.135; AS 23.30.225

8 AAC 45.050 Pleadings {#sec-8-aac-45.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.050}

(a) A person may start a proceeding before the board by filing a written claim or petition.

(b) For claims and petitions under this subsection,

(1) a claim is a written request for benefits, including compensation, attorney fees, costs, interest, reemployment or rehabilitation benefits, rehabilitation specialist or provider fees, or medical benefits under AS 23.30 that meet the requirements of (4) of this subsection; the claim may be filed on a form provided by the board; in this chapter, an application is a written claim;

(2) a petition is a written request for action by the board other than a claim that meets the requirements of (8) of this subsection; the petition may be filed on a form provided by the board;

(3) parties must be designated in accordance with 8 AAC 45.170;

(4) not later than 10 days after receiving a completed claim in accordance with this paragraph, the board or its designee will give notice that a claim has been filed by serving a copy of the claim by certified mail, return receipt requested, upon the employer or other person who may be an interested party and, if the employer was not insured at the time of the injury, upon the Alaska Workers' Compensation Benefits Guaranty Fund; the board or its designee will not serve an incomplete claim and will return the incomplete claim to the claimant; a complete claim must include

(A) the names and addresses of all parties, the date of injury, and the general nature of the dispute between the parties; and

(B) the signature of the claimant or a claimant's representative;

(5) a separate claim must be filed for each injury for which benefits are claimed regardless of whether the employer is the same in each case; if a single incident injures two or more employees, regardless of whether the employers are the same, two or more cases may be consolidated for the purpose of taking evidence; a party may ask for consolidation by filing a petition for and asking in writing for a prehearing, or a designee may raise the issue at a prehearing; to consolidate cases at the prehearing the designee must

(A) determine the injuries or issues in the cases are similar or closely related;

(B) determine that hearing both cases together would provide a speedier remedy; and

(C) state on the prehearing summary that the cases are consolidated, and state which case number is the master case number;

(6) for cases that have been consolidated under (5) of this subsection,

(A) a pleading or documentary evidence filed by a party must list the master case number first and then all the other consolidated case numbers;

(B) a compensation report, controversion notice, or a notice under AS 23.30.205(f) must list only the case number assigned to the particular injury with the employer filing the report or notice;

(C) documentary evidence filed for one of the consolidated cases will be filed in the master case file; the evidence is part of the record in each of the consolidated cases; and

(D) the original of the board's decision and order will be filed in the master case file, and a copy of the decision and order will be filed in each of the consolidated case files;

(7) after the board hears consolidated cases, the division will separate the case files, if appropriate, and will notify the parties; if the consolidated case files are separated, a pleading or documentary evidence filed thereafter by a party must list only the case number assigned to the particular injury with the employer filing the pleading or documentary evidence;

(8) except for a petition for a self-insurance certificate or an executive officer waiver, a petition must be signed by the petitioner or the petitioner's representative and include the names and addresses of all parties, the date of injury, a description of the general nature of the dispute between the parties, and proof of service of the petition upon all parties; the board or its designee will not act on a petition that does not meet the requirements of this paragraph and will return an incomplete petition to the petitioner; a petition that alleges that a disability has ended or an impairment has become permanent must include

(A) the dates for which compensation was paid;

(B) the amount of compensation paid to the employee;

(D) a completed medical summary on Form 07-6103.

(1) an answer to a claim must be filed not later than 20 days after the date of service of the claim and served upon all parties; if an answer is not timely filed, default will not be entered, but statements in the claim will be deemed admitted; however, failure of a party to deny a fact alleged in a claim does not preclude the board from requiring proof of the fact;

(2) an answer to a petition must be filed not later than 20 days after the date of service of the petition and served upon all parties;

(3) an answer must be simple in form and language and state the admitted and disputed claims briefly and clearly so that a lay person knows what proof will be required at the hearing and, when applicable, state

(A) any reason why the claim or dispute cannot be heard completely at the first hearing;

(B) whether the claim is barred under AS 23.30.022, 23.30.100, 23.30.105, 23.30.110, or otherwise barred by law or equity;

(D) whether the injury was proximately caused by the employee being intoxicated or being under the influence of a drug or combination of drugs;

(E) whether the last injurious exposure rule applies;

(F) whether the employee has failed to minimize the disability, giving specifics of the allegation;

(G) whether the employee has been overpaid or paid at a different rate than that which is due; and

(H) whether the employee's compensation rate should be adjusted under AS 23.30.175(b);

(4) a general denial is not an answer;

(5) the evidence presented at a hearing will be limited to those matters contained in the claim, petition, and answer, except as otherwise provided in this chapter;

(6) upon either a verified petition of a party or its own motion, the board may extend or postpone the time for filing an answer or otherwise continue the proceedings under such terms as may be reasonable.

(d) A reply is a response to an answer. No party is required to file a reply. A party who chooses to file a reply must file the reply not later than seven days after the answer was served upon the parties.

(e) A pleading may be amended at any time before award upon such terms as the board or its designee directs. If the amendment arose out of the conduct, transaction, or occurrence set out or attempted to be set out in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if, additionally,

(1) within the period provided by AS 23.30.105 for filing a claim, the party to be brought in by amendment has received, under AS 23.30.100, such notice of the injury that the party will not be prejudiced in defending the claim; and

(2) the party to be joined by the amendment knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.

(f) For stipulations under this subsection,

(1) a stipulation of facts signed by all parties may be filed if the parties agree that there is no dispute as to any material fact and agree to the dismissal of a filed claim or petition or the dismissal of a party; by filing a stipulation of facts under this paragraph, the parties agree to the immediate filing of an order based upon the stipulation of facts;

(2) stipulations between the parties may be made in writing at any time before the close of the record or may be made orally in the course of a hearing or a prehearing;

(3) stipulations of fact or to procedures are binding upon the parties named in the stipulation and have the effect of an order unless the board, for good cause, relieves a party from the terms of the stipulation; a stipulation waiving an employee's right to benefits under AS 23.30 is not binding unless the stipulation is submitted in the form of an agreed settlement, conforms to AS 23.30.012 and 8 AAC 45.160, and is approved by the board;

(4) notwithstanding any stipulation to the contrary, the board may base its findings upon the facts as they appear from the evidence, may cause further evidence or testimony to be taken, or may order an investigation into the matter as prescribed by AS 23.30.

History

Authority: AS 23.30.005; AS 23.30.105; AS 23.30.190 AS 23.30.012; AS 23.30.110; AS 23.30.235 AS 23.30.022; AS 23.30.135 AS 23.30.100; AS 23.30.175

8 AAC 45.052 Medical summary {#sec-8-aac-45.052 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.052}

(a) A medical summary on form 07-6103, listing each medical report in the claimant's or petitioner's possession which is or may be relevant to the claim or petition, must be filed with a claim or petition. The claimant or petitioner shall serve a copy of the summary form, along with copies of the medical reports, upon all parties to the case and shall file the original summary form with the board.

(b) The party receiving a medical summary and claim or petition shall file with the board an amended summary on form 07-6103 within the time allowed under AS 23.30.095(h), listing all reports in the party's possession which are or may be relevant to the claim and which are not listed on the claimant's or petitioner's medical summary form. In addition, the party shall serve the amended medical summary form, together with copies of the reports, upon all parties.

(c) Except as provided in (f) of this section, a party filing an affidavit of readiness for hearing must attach an updated medical summary, on form 07-6103, if any new medical reports have been obtained since the last medical summary was filed.

(1) If the party filing an affidavit of readiness for hearing wants the opportunity to cross-examine the author of a medical report listed on the medical summaries that have been filed, the party must file with the board, and serve upon all parties, a request for cross-examination, together with the affidavit of readiness for hearing and an updated medical summary and copies of the medical reports listed on the medical summary, if required under this section.

(2) If a party served with an affidavit of readiness for hearing wants the opportunity to cross-examine the author of a medical report listed on the medical summaries filed as of the date of service of the affidavit of readiness for hearing, a request for cross-examination must be filed with the board, and served upon all parties, within 10 days after service of the affidavit of readiness for hearing.

(3) After an affidavit of readiness for hearing has been filed, and until the claim is heard or otherwise resolved,

(A) all updated medical summaries must be accompanied by a request for cross-examination if the party filing the updated medical summary wants the opportunity to cross-examine the author of a medical report listed on the updated medical summary; and

(B) if a party served with an updated medical summary and copies of the medical reports listed on the medical summary wants the opportunity to cross-examine the author of a medical report listed on the updated medical summary, a request for cross-examination must be filed with the board and served upon all parties within 10 days after service of the updated medical summary.

(4) If an updated medical summary is filed and served less than 20 days before a hearing, the board will rely upon a medical report listed in the updated medical summary only if the parties expressly waive the right to cross-examination, or if the board determines that the medical report listed on the updated summary is admissible under a hearsay exception of the Alaska Rules of Evidence.

(5) A request for cross-examination must specifically identify the document by date and author, generally describe the type of document, state the name of the person to be cross-examined, state a specific reason why cross-examination is requested, be timely filed under (2) of this subsection, and be served upon all parties.

(A) If a request for cross-examination is not in accordance with this section, the party waives the right to request cross-examination regarding a medical report listed on the updated medical summary.

(B) If a party waived the right to request cross-examination of an author of a medical report listed on a medical summary that was filed in accordance with this section, at the hearing the party may present as the party's witness the testimony of the author of a medical report listed on a medical summary filed under this section.

(d) After a claim or petition is filed, all parties must file with the board an updated medical summary form within five days after getting an additional medical report. A copy of the medical summary form, together with copies of the medical reports listed on the form, must be served upon all parties at the time the medical summary is filed with the board.

(e) No hearing will be scheduled or held until the party filing the affidavit of readiness for hearing has complied with the provisions of this section.

(f) This section does not apply to a claim or petition requesting only

(1) an adjustment of the compensation rate or determination of the gross weekly earnings;

(2) penalties, additional compensation under AS 23.30.155, a determination that a controversion is invalid and filed in bad faith, or a determination under AS 23.30.155(o) that a controversion was frivolous or unfair;

(3) attorney's fees or legal costs;

(4) a determination of dependency in death cases;

(5) an offset under AS 23.30.225, unless the employee's medical condition is at issue under AS 23.30.225(b);

(6) reimbursement of an overpayment under AS 23.30.155(j);

(7) an executive officer waiver; or

(8) a self-insurance certificate.

History

Authority: AS 23.30.005; AS 23.30.070; AS 23.30.095
Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 3/16/90, Register 113; am 7/2/98, Register 146

8 AAC 45.054 Discovery {#sec-8-aac-45.054 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.054}

(a) The testimony of a material witness, including a party, may be taken by written or oral deposition in accordance with the Alaska Rules of Civil Procedure. In addition, the parties may agree or, upon a party's petition, the board or designee will exercise discretion and direct that the deposition testimony of a witness be taken by telephone conference call. The party seeking to introduce a witness' testimony by deposition shall pay the initial cost of the deposition.

(b) Upon the petition of a party, the board will, in its discretion, order other means of discovery.

(c) The board or division will issue subpoenas and subpoenas duces tecum in accordance with the Act. The person requesting the subpoena shall serve the subpoena at the person's expense. Neither the board nor the division will serve subpoenas on behalf of a party.

(d) A party who refuses to release information after having been properly served with a request for discovery may not introduce at a hearing the evidence which is the subject of the discovery request.

(e) If an employer petitioned for failure to insure for workers' compensation liability fails to comply with the division's discovery demand not later than 30 days after service, the division may petition the board for an order compelling the employer to provide the discovery. If the employer fails to comply with an order by the board or the board's designee concerning discovery matters, the board may impose appropriate sanctions, including dismissing the employer's defenses and accepting the division's proffered evidence regarding estimated uninsured employee workdays and workers' compensation insurance premiums the employer would have paid had it been insured.

History

Authority: AS 23.30.005; AS 23.30.108; AS 23.30.135 AS 23.30.080; AS 23.30.115
Eff. 5/28/83, Register 86; am 7/20/97, Register 143; am 4/1/2017, Register 221

8 AAC 45.060 Service {#sec-8-aac-45.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.060}

(a) The board will serve a copy of the claim by certified mail, return receipt requested, upon each party or the party's representative of record.

(b) A party may file a document with the board, other than the annual report under AS 23.30.155(m), personally, by mail, or by electronic filing through facsimile transmission or electronic mail in compliance with 8 AAC 45.020(d). Except for a claim, a party shall serve a copy of a document filed with the board upon all parties or, if a party is represented, upon the party's representative. Service must be done personally, by facsimile, by electronic mail, or by mail, in accordance with due process. Service by mail is complete when deposited in the mail if mailed with sufficient postage and properly addressed to the party at the party's last known address. If a right may be exercised or an act is to be done, three days must be added to the prescribed period when a document is served by mail.

(1) affidavit of service; if service was electronic or by facsimile, the affidavit must verify successfully sending the document to the party;

(2) written statement, signed by the person making the statement upon the document served, together with proof of successfully sending the document to the party if served by facsimile or electronically; or

(3) letter of transmittal if served by mail.

(d) A proof of service must set out the names of the persons served, method and date of service, place of personal service or the address to which it was mailed or sent by facsimile or electronically, and verification of successful sending if required. The board will, in its discretion, refuse to consider a document when proof of its service does not conform to the requirements of this subsection.

(e) Upon its own motion or after receipt of an affidavit of readiness for hearing, the board will serve notice of time and place of hearing upon all parties at least 10 days before the date of the hearing unless a shorter time is agreed to by all parties or written notice is waived by the parties.

(f) Immediately upon a change of address for service, a party or a party's representative must file with the board and serve on the opposing party a written notice of the change. Until a party or the board receives written notice of a change of address, documents must be served upon a party at the party's last known address.

(g) If after due diligence, service cannot be done personally, electronically, by facsimile, or by mail, the board will, in its discretion, find a party has been served if service was done by a method or procedure allowed by the Alaska Rules of Civil Procedure.

History

Authority: AS 23.30.005; AS 23.30.110; AS 23.30.135

8 AAC 45.063 Computation of time {#sec-8-aac-45.063 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.063}

(a) In computing any time period prescribed by the Act or this chapter, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period is included, unless it is a Saturday, Sunday or a legal holiday, in which case the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday.

(b) Upon petition by a party and for good cause, the board will, in its discretion, extend any time period prescribed by this chapter.

History

Authority: AS 23.30.005
Eff. 5/28/83, Register 86

8 AAC 45.065 Prehearings {#sec-8-aac-45.065 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.065}

(a) After a claim or petition has been filed, a party may file a written request for a prehearing, and the board or designee will schedule a prehearing. Even if a claim, petition, or request for prehearing has not been filed, the board or its designee will exercise discretion directing the parties or their representatives to appear for a prehearing. At the prehearing, the board or designee will exercise discretion in making determinations on

(1) identifying and simplifying the issues;

(2) amending the papers filed or the filing of additional papers;

(3) accepting stipulations, requests for admissions of fact, or other documents that may avoid presenting unnecessary evidence at the hearing;

(4) limiting the number of witnesses, identifying those witnesses, or requiring a witness list in accordance with 8 AAC 45.112;

(5) the length, filing, and date for service of legal memoranda if different from the standards set out in 8 AAC 45.114;

(6) the relevance of information requested under AS 23.30.107(a) and AS 23.30.108;

(7) petitions to join a person;

(8) consolidating two or more cases, even if a petition for consolidation has not been filed;

(9) the possibility of settlement or using a settlement conference to resolve the dispute;

(10) discovery requests;

(11) the closing date for discovery;

(12) the closing date for serving and filing of video recordings, audio recordings, depositions, video depositions, or any other documentary evidence; the date must be at least two state working days before the hearing;

(13) whether a party intends at the time of hearing to seek recusal of a board member, in accordance with AS 44.62.450(c), from participating in the hearing;

(14) whether a party's opening and closing arguments, including a statement of the issues, at the hearing should be longer than permitted by 8 AAC 45.116; or

(15) other matters that may aid in the disposition of the case.

(b) The designee will, in the designee's discretion, conduct prehearings or settlement conferences without the presence of the board members.

(c) After a prehearing the board or designee will issue a summary of the actions taken at the prehearing, the amendments to the pleadings, and the agreements made by the parties or their representatives. The summary will limit the issues for hearing to those that are in dispute at the end of the prehearing. Unless modified, the summary governs the issues and the course of the hearing.

(d) Within 10 days after service of a prehearing summary issued under (c) of this section, a party may ask in writing that a prehearing summary be modified or amended by the designee to correct a misstatement of fact or to change a prehearing determination. The party making a request to modify or amend a prehearing summary shall serve all parties with a copy of the written request. If a party's request to modify or amend is not timely filed or lacks proof of service upon all parties, the designee may not act upon the request.

(e) The board or designee may set a hearing date at the time of the prehearing. The board or designee will set the hearing for the first possible date on the board's hearing calendar unless good cause exists to set a later date. The primary considerations in setting a later hearing date will be whether a speedy remedy is assured and if the board's hearing calendar can accommodate a later date.

(f) The designee may conduct more than one prehearing on a claim or petition.

(g) A party may audio record the prehearing at the party's expense. If a party audio records the prehearing and transcribes the recording, the party must file a copy of the recording and a certified transcript with the board and serve a copy upon the opposing party at least 10 days before a scheduled hearing. If a party fails to timely file the copy of the audio recording and a certified transcript, the board will exclude the transcript or audio recording from the evidence considered in making its decision.

(h) Notwithstanding the provisions of (d) of this section, a party may appeal a discovery order entered by a board designee under AS 23.30.108 by filing with the board a petition in accordance with 8 AAC 45.050 that sets out the grounds for the appeal. Unless a petition is filed under this subsection no later than 10 days after service of a board designee's discovery order, a board designee's discovery order is final.

(i) Notwithstanding the provisions of (d) of this section, a board designee may order reconsideration of all or part of a discovery order entered by the board designee under AS 23.30.108 on the board designee's own motion or on petition of a party. To be considered by the board designee, a petition for reconsideration must set out the specific grounds for reconsideration and be filed with the board in accordance with 8 AAC 45.050 no later than 10 days after service of a board designee's discovery order. The power to order reconsideration expires 20 days after service of a board designee's discovery order. If no action is taken on a petition during the time allowed for ordering reconsideration, the petition is considered denied. If a petition for reconsideration is timely filed with the board, a petition for appeal under (h) of this section must be filed no later than 10 days after service of the reconsideration decision or the date the petition for reconsideration is considered denied in the absence of any action on the petition, whichever is earlier.

History

Authority: AS 23.30.005; AS 23.30.108; AS 23.30.135 AS 23.30.107; AS 23.30.110
Eff. 5/28/83, Register 86; am 7/20/97, Register 143; am 7/2/98, Register 146; am 2/3/2001, Register 157; am 7/9/2011, Register 199; am 12/2/2012, Register 204

8 AAC 45.070 Hearings {#sec-8-aac-45.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.070}

(a) Hearings will be held at the time and place fixed by notice served by the board under 8 AAC 45.060(e). A hearing may be adjourned, postponed, or continued from time to time and from place to place at the discretion of the board or its designee, and in accordance with this chapter.

(b) Except as provided in (1) of this subsection and 8 AAC 45.074(c), a hearing will not be scheduled unless a claim or petition has been filed, an affidavit of readiness for hearing has been filed and that affidavit is not returned by the board or the board's designee, and the affidavit is not the basis for scheduling a hearing that is cancelled or continued under 8 AAC 45.074(b). The board has available an Affidavit of Readiness for Hearing form that a party may complete and file. The board or the board's designee will return an affidavit of readiness for hearing and a hearing will not be set if the affidavit lacks proof of service upon all other parties, or if the affiant fails to state that the party has completed all necessary discovery, has all the necessary evidence, and is fully prepared for the hearing. A party may request a hearing by using the following procedures:

(1) for review of an administrator's decision issued under AS 23.30.041 or 23.30.043, a party shall file a petition asking for review of the administrator's decision; an affidavit of readiness for hearing form is not required in a petition for review; in reviewing the administrator's decision, the board may not consider evidence that was not available to the administrator at the time of the administrator's decision, unless the board determines the evidence is newly discovered and could not with due diligence have been produced for the administrator's consideration;

(2) for the written arguments and evidence in the board's case file regarding a claim or petition,

(A) a party must file an affidavit of readiness for hearing in accordance with (6) and (7) of this subsection requesting a hearing on the written record;

(B) if the opposing party timely files an affidavit opposing a hearing on the written record, the board or the board's designee will schedule an in-person hearing;

(C) if the opposing party does not timely file an affidavit opposing the hearing on the written record, the board or the board's designee may decide the claim or petition based on the written record;

(D) if the board or the board's designee determines that additional evidence or written arguments are needed to decide a claim or petition, the board or the board's designee will schedule an in-person hearing or will direct the parties to file additional evidence or arguments;

(3) for an appearance in-person at the hearing, except for a venue determination, a party must file an affidavit of readiness in accordance with (6) and (7) of this subsection requesting an in-person hearing;

(4) for a venue dispute, a party must file a petition asking the board to determine the venue and an affidavit of readiness for hearing on the written record; in accordance with 8 AAC 45.072, the board or the board's designee will consider the parties' written arguments and evidence in the case file, and an in-person hearing will not be held;

(5) for default under AS 23.30.170, a party shall file a claim and may file the claim together with an affidavit of readiness for hearing;

(6) except as provided in (1) of this subsection, a party may not file an affidavit of readiness for hearing until the earlier of the following:

(A) after the opposing party files an answer under 8 AAC 45.050 to a claim or petition; or

(B) 20 days after the service of the claim or petition;

(7) if an affidavit is filed before the time set out in (6) of this subsection,

(A) the board or the board's designee will not take action on the claim or petition; and

(B) the party must file another affidavit after the time set out in (6) of this subsection;

(8) if the board or the board's designee determines a hearing should be scheduled even though a party has not filed an affidavit of readiness for hearing, the board or the board's designee will give notice of the hearing in accordance with AS 23.30.110 and 8 AAC 45.060(e).

(c) To oppose a hearing, a party must file an affidavit of opposition in accordance with this subsection. If an affidavit of opposition to a hearing on a claim for compensation or medical benefits is filed in accordance with this subsection, the board or its designee will, within 30 days after the filing of the affidavit of opposition, hold a prehearing conference. In the prehearing conference the board or its designee will schedule a hearing date within 60 days or, in the discretion of the board or its designee, schedule a hearing under (a) of this section on a date stipulated by all the parties. If the affidavit of opposition is not in accordance with this subsection, and unless the parties stipulate to the contrary, the board or its designee will schedule a hearing within 60 days, and will exercise discretion in holding a prehearing conference before scheduling a hearing. An affidavit of opposition that is filed under this subsection must

(1) be filed with the board's office nearest the requested hearing location;

(2) be filed within 10 days after the filing of the affidavit of readiness for hearing that is being opposed;

(3) have proof of service upon the other parties;

(4) list the parties' names and the date of the affidavit of readiness for hearing that is being opposed; and

(5) state the specific reason, and not a general allegation, that the case should not be heard, that a party is not ready, or why a hearing is not appropriate.

(d) If an agreed settlement is reached less than 14 days before a scheduled hearing and

(1) it conforms to AS 23.30.012 and 8 AAC 45.160, and is filed with the board at least two working days before the scheduled hearing, the parties must appear at the scheduled hearing time to request board action under AS 23.30.012 on the agreed settlement; if the board does not approve the agreed settlement, the hearing will proceed as scheduled; or

(2) it is not in accordance with AS 23.30.012, 8 AAC 45.160 and this subsection, the parties must appear before the board or its designee at the scheduled hearing time to state the terms of the settlement agreement; after the parties have stated the terms of the settlement, a request to continue, postpone, cancel, or change the scheduled hearing may be made in accordance with 8 AAC 45.074; if the board or its designee denies the request to continue, postpone, cancel, or change the scheduled hearing, the hearing will proceed as scheduled.

(e) If a settlement is reached more than 14 days before a scheduled hearing, but it is not written and signed by the parties, and approved by the board, the hearing will proceed as scheduled.

(f) If the board finds that a party was served with notice of hearing and is not present at the hearing, the board will, in its discretion, and in the following order of priority,

(1) proceed with the hearing in the party's absence and, after taking evidence, decide the issues in the claim or petition;

(2) dismiss the claim or petition without prejudice; or

(3) adjourn, postpone, or continue the hearing.

(g) Except when the board or its designee determines that unusual and extenuating circumstances exist, the prehearing summary, if a prehearing was conducted and if applicable, governs the issues and the course of the hearing.

(h) If no prehearing was conducted or if not determined at the prehearing, the board will provide for opening and closing arguments, including a statement of the issues, in accordance with 8 AAC 45.116.

(i) At hearing, the board will consider a legal memorandum only if it is in accordance with 8 AAC 45.114.

(j) If the hearing is not completed on the scheduled hearing date and the board determines that good cause exists to continue the hearing for further evidence, legal memoranda, or oral arguments, the board will set a date for the completion of the hearing.

(k) The board will, in the board's discretion, permit a member

(1) to attend a hearing by telephone; or

(2) who did not attend a hearing before a two-member panel to review the written record, evidence, and hearing recording and to deliberate with

(A) a deadlocked two-member panel to make a decision; or

(B) the remaining member of a two-member panel if, before a decision is filed on a case heard by a two-member panel, one member dies, resigns from the board, is replaced by the governor, or the member's term of appointment expires.

(l) Before the member is added to the panel under (k) of this section, the board will write to the parties, stating the member's name, and give the parties an opportunity to request the member's disqualification from the panel in accordance with AS 44.62.450(c).

History

Authority: AS 23.30.005; AS 23.30.110; AS 23.30.135

8 AAC 45.071 Hearing officer as a commissioner's designee {#sec-8-aac-45.071 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.071}

(a) A hearing officer shall serve as a commissioner's designee to hear and decide procedural and stipulated matters without a panel. An action of a hearing officer under this section is an action of the full board.

(b) For purposes of this section,

(1) a procedural matter is limited to

(A) a petition for an order under AS 23.30.015;

(B) settlement terms on the record;

(D) a supplementary default order;

(E) a petition to quash a subpoena;

(F) a petition for testimony by teleconference;

(G) a petition for social security offset;

(H) a declaration of amount in default; or

(I) an uninsured employer's discharge order;

(2) a stipulated matter is limited to

(A) an award of attorney's fees and costs;

(B) a continuance;

(D) a stipulation under 8 AAC 45.050(f).

History

Authority: AS 23.30.005
Eff. 3/28/2012, Register 201; am 7/7/2024, Register 251

8 AAC 45.072 Venue {#sec-8-aac-45.072 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.072}

The venue for injuries occurring in the First Judicial District is Juneau. The venue for iniuries occurring in the Second and Fourth Judicial Districts is Fairbanks. The venue for injuries occurring in the Third Judicial District is Anchorage. A hearing will be held only in a city in which a division office is located. The venue may be changed to a different city in which a division office is located if

(1) the parties stipulate to the change;

(2) after receiving a party's request in accordance with 8 AAC 45.070(b)(4) and based on the documents filed with the board and the parties' written arguments, the board orders the venue changed for the convenience of the parties and the witnesses; the board's panel in the city with the initial venue will decide the request to change the venue filed under 8 AAC 45.070(b)(4); or

(3) the board or its designee, in its discretion, changed the venue for the board's convenience or to assure a speedy remedy.

History

Authority: AS 23.30.005; AS 23.30.110; AS 23.30.135
Eff. 5/28/83, Register 86; am 7/20/97, Register 143; am 7/2/98, Register 146; am 6/11/2023, Register 246; am 3/23/2025, Register 253

8 AAC 45.074 Continuances and cancellations {#sec-8-aac-45.074 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.074}

(a) A party may request the continuance or cancellation of a hearing by filing a

(1) petition with the board and serving a copy upon the opposing party; a request for continuance that is based upon the absence or unavailability of a witness

(A) must be accompanied by an affidavit setting out the facts which the party expects to prove by the testimony of the witness, the efforts made to get the witness to attend the hearing or a deposition, and the date the party first knew the witness would be absent or unavailable; and

(B) will be denied and the affidavit may be introduced at the hearing as the testimony of the absent witness if the opposing party stipulates that the absent witness would testify as stated in the affidavit;

(2) stipulation signed by all the parties requesting a continuance or cancellation together with evidence of good cause for the request.

(b) Continuances or cancellations are not favored by the board and will not be routinely granted. A hearing may be continued or cancelled only for good cause and in accordance with this section. For purposes of this subsection,

(1) good cause exists only when

(A) a material witness is unavailable on the scheduled date and deposing the witness is not feasible;

(B) a party or representative of a party is unavailable because of an unintended and unavoidable court appearance;

(D) a party, a representative of a party, or a material witness becomes unexpectedly absent from the hearing venue and cannot participate telephonically;

(E) the hearing was set under 8 AAC 45.160(d);

(F) a second independent medical evaluation is required under AS 23.30.095(k);

(G) the hearing was requested for a review of an administrator's decision under AS 23.30.041(d) or 23.30.043(h), the party requesting the hearing has not had adequate time to prepare for the hearing, and all parties waive the right to a hearing within 30 days;

(H) the board is not able to complete the hearing on the scheduled hearing date due to the length of time required to hear the case or other cases scheduled on that same day, the lack of a quorum of the board, or malfunctioning of equipment required for recording the hearing or taking evidence;

(I) the parties have agreed to and scheduled mediation;

(J) the parties agree that the issue set for hearing has been resolved without settlement and the parties file a stipulation agreeing to dismissal of the claim or petition under 8 AAC 45.050(f)(1);

(K) the board determines that despite a party's due diligence in completing discovery before requesting a hearing and despite a party's good faith belief that the party was fully prepared for the hearing, evidence was obtained by the opposing party after the request for hearing was filed which is or will be offered at the hearing, and due process required the party requesting the hearing be given an opportunity to obtain rebuttal evidence;

(L) the board determines at a scheduled hearing that, due to surprise, excusable neglect, or the board's inquiry at the hearing, additional evidence or arguments are necessary to complete the hearing;

(M) an agreed settlement has been reached by the parties less than 14 days before a scheduled hearing, the agreed settlement has not been put into writing, signed by the parties, and filed with the board in accordance with 8 AAC 45.070(d)(1), the proposed settlement resolves all disputed issues set to be heard, and the parties appear at the scheduled hearing to state the terms of the settlement on the record; or

(N) the board determines that despite a party's due diligence, irreparable harm may result from a failure to grant the requested continuance or cancel the hearing;

(2) the board or the board's designee may grant a continuance or cancellation under this section

(A) for good cause under (1)(A) - (J) of this subsection without the parties appearing at a hearing;

(B) for good cause under (1)(K) - (N) of this subsection only after the parties appear at the scheduled hearing, make the request and, if required by the board, provide evidence or information to support the request; or

(C) without the parties appearing at the scheduled hearing, if the parties stipulate to the continuance or cancellation for good cause as set out in (1)(A) - (J) of this subsection.

(1) the affidavit of readiness is inoperative for purposes of scheduling another hearing;

(2) the board or its designee need not set a new hearing date at the time a continuance or cancellation is granted; the continuance may be indefinite; and

(3) a party who wants a hearing after a continuance or cancellation has been granted must file another affidavit of readiness in accordance with 8 AAC 45.070.

History

Authority: AS 23.30.005; AS 23.30.110; AS 23.30.135
Eff. 5/28/83, Register 86; am 7/1/88, Register 107; am 3/16/90, Register 113; am 7/20/97, Register 143; am 7/2/98, Register 146; am 7/9/2011, Register 199; am 3/28/2012, Register 201; am 3/23/2025, Register 253

8 AAC 45.080 Medical reports {#sec-8-aac-45.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.080}

Repealed 5/28/83.

8 AAC 45.081 Dispensing of generic drug products {#sec-8-aac-45.081 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.081}

(a) When filling a prescription provided to an employee as a medical benefit under the Act, an available generic drug product must be dispensed in place of a name-brand drug product when the cost of the generic drug product is less, except that a name-brand drug product that is more expensive than an available generic drug product may be dispensed if the prescribing physician has provided a written justification of the medical necessity for dispensing the name-brand drug product as described in this section. A notation that the prescription for the name-brand drug product must be dispensed only as written is not a sufficient justification of medical necessity.

(b) The prescribing physician must prepare the written justification of the medical necessity of dispensing a name-brand drug product and submit the written justification along with the prescription to the dispensing pharmacist and the insurer. The written justification does not need to be submitted to the dispensing pharmacist if the prescription itself expressly notes that the prescription is being provided as a medical benefit under the Act and that a written justification of the medical necessity for dispensing a name-brand drug product has been submitted to the insurer.

(c) A written justification of the medical necessity for dispensing the name-brand drug product may include any of the following factors regarding the employee:

(1) treatment failure with the generic drug product;

(2) past medical history that suggests an anticipated treatment failure with the generic drug product;

(3) clinically significant adverse reaction to the generic drug product;

(4) a medical condition that causes a contraindication for the use of the generic drug product;

(5) allergic reaction to the generic drug product.

(d) An employee may choose to have a name-brand drug product dispensed, even if a less costly generic drug product is available and no written justification of medical necessity has been provided. The difference in cost between the generic drug product and name-brand drug product must be paid by the employee and neither the employer or the employer's insurer is liable for reimbursing the employee for the additional cost.

(e) The Alaska Medicaid Preferred Drug List, Version 111809, revised as of November 18, 2009, is adopted by reference as the preferred drug list for purposes of the Act.

History

Authority: AS 23.30.005; AS 23.30.095
Eff. 7/31/2010, Register 195

8 AAC 45.082 Medical treatment {#sec-8-aac-45.082 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.082}

(a) The employer's obligation to furnish medical treatment under AS 23.30.095 extends only to medical and dental services furnished by providers, unless otherwise ordered by the board after a hearing or consented to by the employer. The board will not order the employer to pay expenses incurred by an employee without the approval required by this subsection.

(b) A physician may be changed as follows:

(1) an employee injured before July 1, 1988, may change treating physicians at any time without board approval by notifying the employer and the board of the change; notice must be given in writing no later than 14 days after the change of treating physician; if, after a hearing, the board finds that the employee's repeated changes were frivolous or unreasonable, the board may refuse to order payment by the employer;

(2) except as otherwise provided in this subsection, an employee injured on or after July 1, 1988, designates an attending physician by getting treatment, advice, an opinion, or any type of service from a physician for the injury; if an employee gets service from a physician at a clinic, all the physicians in the same clinic who provide service to the employee are considered the employee's attending physician; an employee does not designate a physician as an attending physician if the employee gets service

(A) at a hospital or an emergency care facility;

(B) from a physician

(i) whose name was given to the employee by the employer and the employee does not designate that physician as the attending physician;

(ii) whom the employer directed the employee to see and the employee does not designate that physician as the attending physician; or

(iii) whose appointment was set, scheduled, or arranged by the employer, and the employee does not designate that physician as the attending physician;

(3) for an employee injured on or after July 1, 1988, an employer's choice of physician is made by having a physician or panel of physicians selected by the employer give an oral or written opinion and advice after examining the employee, the employee's medical records, or an oral or written summary of the employee's medical records; to constitute a panel, for purposes of this paragraph, the panel must complete its examination, but not necessarily the report, no later than five days after the first physician sees the employee; if more than five days pass between the time the first and last physicians see the employee, the physicians do not constitute a panel, but rather a change of physicians;

(4) regardless of an employee's date of injury, the following is not a change of an attending physician:

(A) the employee moves a distance of 50 miles or more from the attending physician and the employee does not get services from the attending physician after moving; the first physician providing services to the employee after the employee moves is a substitution of physicians and not a change of attending physicians;

(B) the attending physician dies, moves the physician's practice 50 miles or more from the employee, or refuses to provide services to the employee; the first physician providing services to the employee thereafter is a substitution of physicians and not a change of attending physicians;

(C) the employer suggests, directs, or schedules an appointment with a physician other than the attending physician, the other physician provides services to the employee, and the employee does not designate in writing that physician as the attending physician;

(D) the employee requests in writing that the employer consent to a change of attending physicians, the employer does not give written consent or denial to the employee within 14 days after receiving the request, and thereafter the employee gets services from another physician.

(c) If, after a hearing, the board finds a party made an unlawful change of physician in violation of AS 23.30.095(a) or (e) or this section, the board will not consider the reports, opinions, or testimony of the physician in any form, in any proceeding, or for any purpose. If, after a hearing, the board finds an employee made an unlawful change of physician, the board may refuse to order payment by the employer.

(d) Medical bills for an employee's treatment are due and payable no later than 30 days after the date the employer received the medical provider's bill, a written justification of the medical necessity for dispensing a name-brand drug product if required for the filling of a prescription that was part of the treatment, and a completed report in accordance with 8 AAC 45.086(a). Unless the employer controverts the prescription charges or transportation expenses, an employer shall reimburse an employee's prescription charges or transportation expenses for medical treatment no later than 30 days after the employer received the medical provider's completed report in accordance with 8 AAC 45.086(a), a written justification of the medical necessity for dispensing a name-brand drug product if required for the filling of a prescription that was part of the treatment, and an itemization of the prescription numbers or an itemization of the dates of travel, destination, and transportation expenses for each date of travel. If the employer controverts

(1) a medical bill or if the medical bill is not paid in full as billed, the employer shall notify the employee and medical provider in writing the reasons for not paying all or a part of the bill or the reason for delay in payment no later than 30 days after receipt of the bill, a written justification of the medical necessity for dispensing a name-brand drug product if required for the filling of a prescription that was part of the treatment, and completed report in accordance with 8 AAC 45.086(a);

(2) a prescription or transportation expense reimbursement request in full, the employer shall notify the employee in writing the reason for not paying all or a part of the request or the reason for delay within the time allowed in this section in which to make payment; if the employer makes a partial payment, the employer shall also itemize in writing the prescription or transportation expense requests not paid.

(e) A written treatment plan under AS 23.30.095 is required for payment of services provided on an outpatient basis for an injury that occurs on or after July 1, 1988. A written treatment plan is not required before providing services while the employee is hospitalized.

(f) If an injury occurs on or after July 1, 1988, and requires continuing and multiple treatments of a similar nature, the standards for payment for frequency of outpatient treatment for the injury will be as follows. Except as provided in (h) of this section, payment for a course of treatment for the injury may not exceed more than three treatments per week for the first month, two treatments per week for the second and third months, one treatment per week for the fourth and fifth months, and one treatment per month for the sixth through twelfth months. Upon request, and in accordance with AS 23.30.095(c), the board will, in its discretion, approve payment for more frequent treatments.

(g) The board will, in its discretion, require the employer to pay for treatments that exceed the frequency standards in (f) of this section only if the board finds that

(1) the written treatment plan was given to the employer and employee within 14 days after treatments began;

(2) the treatments improved or are likely to improve the employee's conditions; and

(3) a preponderance of the medical evidence supports a conclusion that the board's frequency standards are unreasonable considering the nature of the employee's injury.

(h) An employee or employer may choose to pay for a course of treatments that exceeds the frequency standards in (f) of this section even though payment is not required by the board or by AS 23.30.095.

(i) A fee or other charge for medical treatment or service provided on or after December 31, 2010, but before October 1, 2011, may not exceed the board's fees as of December 1, 2004, adjusted by the percentage change from 2004 to 2008 in the medical care component of the Consumer Price Index for all urban consumers compiled by the United States Department of Labor, Bureau of Labor Statistics.

(j) If the type of treatment or service the employee received is not included in the board's fee schedule described in (i) or (m) of this section, the amount charged may not exceed the usual, customary, and reasonable fee based on the 90th percentile of the range of charges for similar services reported in the community in which services were rendered to the employee.

(k) If the type of treatment or service the employee received is not included in the board's fee schedule described in (i) or (m) of this section, and the employer has evidence that the charged fee exceeds the amount allowed under (j) of this section, the employer shall pay the physician based on the employer's evidence. In accordance with AS 23.30.110 and 8 AAC 45.070, the physician may request a hearing for a board determination of the usual, customary, and reasonable fee in the community for the treatment or service, and the board will determine and award the usual, customary, and reasonable fee.

(l) In this section,

(1) "month" means a four-week period, the first of which commences on the first day of treatment;

(2) repealed 12/1/2015;

(m) A fee or other charge for medical treatment or service provided on or after December 31, 2010, but before December 1, 2015, may not exceed the board's fees established in the Official Alaska Workers' Compensation Medical Fee Schedule, effective December 31, 2010, and adopted by reference.

History

Authority: AS 23.30.005; AS 23.30.045; AS 23.30.097 AS 23.30.030; AS 23.30.095
Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 7/1/88, Register 107; am 10/28/88, Register 108; am 3/16/90, Register 113; am 7/20/97, Register 143; am 7/2/98, Register 146; am 2/3/2001, Register 157; am 7/31/2010, Register 195; am 12/31/2010, Register 196; am 6/27/2011, Register 199; am 7/9/2011, Register 199; am 11/20/2011, Register 200; am 3/28/2012, Register 201; am 12/1/2015, Register 216

8 AAC 45.083 Fees for medical treatment and services {#sec-8-aac-45.083 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.083}

(a) A fee or other charge for medical treatment or service may not exceed the maximums in AS 23.30.097. The fee or other charge for medical treatment or service

(1) provided on or after December 1, 2015, but before April 1, 2017, may not exceed the fee schedules set out in (b) - (l) of this section;

(2) provided on or after April 1, 2017, but before January 1, 2018, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, effective April 1, 2017, and adopted by reference;

(3) provided on or after January 1, 2018, but before January 1, 2019, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, effective January 1, 2018, and adopted by reference;

(4) provided on or after January 1, 2019, but before January 1, 2020, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, effective January l, 2019, and adopted by reference;

(5) provided on or after January 1, 2020, but before January 1, 2021, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, effective January 1, 2020, and adopted by reference;

(6) provided on or after January 1, 2021, but before February 24, 2022, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, effective January 1, 2021, and adopted by reference;

(7) provided on or after February 24, 2022, but before January 29, 2023, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, January 1, 2022 edition, and adopted by reference;

(8) provided on or after January 29, 2023, but before January 1, 2024, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, January 1, 2023 edition, and adopted by reference;

(9) provided on or after January 1, 2024, but before January 1, 2025, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, January 1, 2024 edition, and adopted by reference;

(10) provided on or after January 1, 2025, but before April 1, 2026, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, January 1, 2025 edition, and adopted by reference;

(11) provided on or after April 1, 2026, may not exceed the maximum allowable reimbursement established in the Official Alaska Workers' Compensation Medical Fee Schedule, April 1, 2026 edition, and adopted by reference.

(b) Repealed 4/1/2026.

(d) Repealed 4/1/2026.

(e) Repealed 4/1/2026.

(f) Repealed 4/1/2026.

(g) Repealed 4/1/2026.

(h) Repealed 4/1/2026.

(i) Repealed 4/1/2026.

(j) Repealed 4/1/2026.

(k) Repealed 4/1/2026.

(l) Repealed 4/1/2026.

(m) The following material is adopted by reference:

(1) Current Procedural Terminology Codes, 2015 edition, produced by the American Medical Association, as may be amended;

(2) Healthcare Common Procedure Coding System, 2015 edition, produced by the federal Centers for Medicare and Medicaid Services, as may be amended;

(3) International Classification of Diseases, 10th Revision, Clinical Modification, developed by the National Center for Health Statistics, as may be amended;

(4) Relative Value Guide, 2015 edition, produced by the American Society of Anesthesiologists, as may be amended;

(5) Diagnostic and Statistical Manual of Mental Disorders, 5th edition, produced by the American Psychiatric Association, as may be amended;

(6) Current Dental Terminology, 2015 edition, published by the American Dental Association, as may be amended;

(7) Resource-Based Relative Value Scale, effective January 1, 2015, produced by the federal Centers for Medicare and Medicaid Services, as may be amended;

(8) Ambulatory Payment Classifications, effective January 1, 2015, produced by the federal Centers for Medicare and Medicaid Services, as may be amended;

(9) Medicare Severity Diagnosis Related Groups, effective January 1, 2015, produced by the federal Centers for Medicare and Medicaid Services, as may be amended;

(10) Hospital Outpatient Prospective Payment System, produced by the federal Centers for Medicare and Medicaid Services;

(11) Clinical Diagnostic Laboratory Services, produced by the federal Centers for Medicare and Medicaid Services, as may be amended;

(12) Durable Medical Equipment, Prosthetics, Orthotics, and Supplies, produced by the federal Centers for Medicare and Medicaid Services, as may be amended;

(13) Payment Allowance Limits for Medicare Part B Drugs, Average Sale Price, produced by the federal Centers for Medicare and Medicaid Services, as may be amended;

(14) Ambulance Fee Schedule, produced by the federal Centers for Medicare and Medicaid Services, as may be amended;

(15) 42. .F.R. 412.84 and 412.525, revised as of October 1, 2024.

(n) Repealed 4/1/2026.

(o) The adoption by reference in (a) of this section of an edition of the Official Alaska Workers' Compensation Medical Fee Schedule includes the applicable conversion factors, multipliers, modifiers, and other requirements for reimbursement for services during the period to which the edition applies.

History

Authority: AS 23.30.005; AS 23.30.097; AS 23.30.098
Eff. 12/1/2015, Register 216; am 3/11/2016, Register 217; am 4/1/2017, Register 221; am 1/1/2018, Register 224; am 1/1/2019, Register 228; am 5/12/2019, Register 230; am 12/21/2019, Register 232; am 1/1/2021, Register 236; am 2/24/2022, Register 241; am 1/29/2023, Register 245; am 1/1/2024, Register 248; am 1/1/2025, Register 252; am 4/1/2026, Register 257

8 AAC 45.084 Medical travel expenses {#sec-8-aac-45.084 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.084}

(a) This section applies to expenses to be paid by the employer to an employee who is receiving or has received medical treatment.

(b) Transportation expenses include

(1) a mileage rate, for the use of a private automobile, equal to the rate the state reimburses its supervisory employees for travel on the given date if the usage is reasonably related to the medical examination or treatment;

(2) the actual fare for public transportation if reasonably incident to the medical examination or treatment; and

(3) ambulance service or other special means of transportation if substantiated by competent medical evidence or by agreement of the parties.

(c) It is the responsibility of the employee to use the most reasonable and efficient means of transportation under the circumstances. If the employer demonstrates at a hearing that the employee failed to use the most reasonable and efficient means of transportation under the circumstances, the board may direct the employer to pay the more reasonable rate rather than the actual rate.

(d) Transportation expenses, in the form of reimbursement for mileage, which are incurred in the course of treatment or examination are payable when 100 miles or more have accumulated, or upon completion of medical care, whichever occurs first.

(e) A reasonable amount for meals and lodging purchased when obtaining necessary medical treatment must be paid by the employer if substantiated by receipts submitted by the employee. Reimbursable expenses may not exceed the per diem amount paid by the state to its supervisory employees while traveling.

History

Authority: AS 23.30.005; AS 23.30.030
Eff. 5/28/83, Register 86; am 12/14/86, Register 100

8 AAC 45.085 Duty of employer and insurer to file evidence of insurance {#sec-8-aac-45.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.085}

(a) An insurer subject to this chapter shall file, in a format prescribed by the director, notice with the division not later than 10 days after the initiation or renewal of the employer's workers' compensation insurance.

(b) A self-insured employer or insurer subject to this chapter, unless exempted, shall file, in a format prescribed by the director, notice with the division not later than 10 days after changing insurance adjusting services.

History

Authority: AS 23.30.005; AS 23.30.030 AS 23.30.025; AS 23.30.085
Eff. 2/27/2000, Register 153; am 5/12/2019, Register 230

8 AAC 45.086 Physician's reports {#sec-8-aac-45.086 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.086}

(a) A provider who renders medical or dental services under the Act shall serve a report on the employer no later than 14 days after each service. The report must include

(1) a statement whether the report is the first report, a treatment plan, or a progress report;

(2) the date of service;

(3) the employee's name, date of injury, date of birth, and social security number;

(4) the date that the employee last worked;

(5) a description of the injury and how it happened;

(6) a statement whether the body part was injured before the work injury, and identification of the date and circumstances of the earlier injury, if any;

(7) the name and address of any other person providing treatment for the injury;

(8) the name of any hospital where the employee was an inpatient for the injury;

(9) the first treatment date;

(10) a description of the employee's subjective complaints;

(11) a description of objective findings and an assessment of the employee's condition, including the diagnosis;

(12) the diagnostic studies prescribed and their results;

(13) a statement whether the provider concluded that the condition is work-related and the basis for the conclusion;

(14) a treatment plan, including the expected length and nature of treatment, the objectives, modalities, and frequency of treatment, and the justification for the frequency of treatments if the number of treatments

(A) during the first month exceeds three treatments per week;

(B) during the second and third months exceeds two treatments per week;

(D) during the sixth through twelfth months exceeds one treatment per month;

(15) justification of the medical necessity for a name-brand drug product if one is prescribed;

(16) if the employee is referred to another service provider, the provider's name and address;

(17) a statement whether the employee is released to return to work and any restrictions on the employee's regular duties;

(18) an estimate of the length of disability if the employee cannot be released to return to work;

(19) the date of medical stability or when medical stability is expected;

(20) a statement whether the injury will permanently preclude a return to the job held at the time of injury;

(21) a statement whether the injury is expected to result in permanent impairment;

(22) the permanent partial impairment rating and the factors supporting the rating if the employee is medically stable;

(23) the service provider's name, degree, telephone number, and address;

(24) the service provider's signature; and

(25) the date of the report.

(b) The board will, in its discretion, deny a provider's claim of payment for medical or dental services if the provider fails to comply with this section.

(c) For purposes of this chapter and AS 23.30.095, "continuing and multiple treatments of a similar nature" does not include a medical doctor's prescription for pharmaceutical products, a prosthesis or an orthotic device.

(d) The employer shall file the physician's report with the board and serve a copy upon the employee after a workers' compensation claim has been filed under AS 23.30.110 and upon the reemployment benefits administrator if the employee is involved in the reemployment process under AS 23.30.041 or 23.30.043.

History

Authority: AS 23.30.005; AS 23.30.095
Eff. 5/28/83, Register 86; am 3/16/90, Register 113; am 7/31/2010, Register 195; am 12/22/2011, Register 200; am 3/23/2025, Register 253

8 AAC 45.090 Additional examination {#sec-8-aac-45.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.090}

(a) The board will, in its discretion, direct an employee who was injured before July 1, 1988, to be examined by an independent medical examiner in accordance with 8 AAC 45.092, and direct the independent medical examiner to provide the board and the parties with a complete report of findings, opinions, and recommendations, whenever in the board's opinion

(1) a physician has not impartially estimated the degree of permanent impairment or the extent of temporary impairment, or has not rated the degree of permanent impairment in accordance with 8 AAC 45.122;

(2) contradictory medical evidence exists; or

(3) the employee's best interests require it.

(b) Except as provided in (g) of this section, regardless of the date of an employee's injury, the board will require the employer to pay for the cost of an examination under AS 23.30.095(k), AS 23.30.110(g), or this section.

(c) If an injury occurred before July 1, 1988, an examination requested by the employer not less than 14 days after the injury, and every 60 days after that, is presumed reasonable, unless the presumption is overcome by a preponderance of the evidence, and the employee shall submit to an examination by the employer's choice of physician without further request or order by the board. Unless medically appropriate to obtain new diagnostic data, the physician shall use existing diagnostic data to complete the examination.

(d) Regardless of the date of an employee's injury, the employer must

(1) give the employee and the employee's representative, if any, at least 10 days' notice of the examination scheduled by the employer;

(2) arrange, at least 10 days in advance of the examination date, for the employee's transportation expenses to the examination under AS 23.30.095(e), AS 23.30.095(k), AS 23.30.110(g), or this section, at no cost to the employee if the employee must travel more than 100 road miles for the examination or, if the employee cannot travel on a government-maintained road to attend the examination, arrange for the transportation expenses by the most reasonable means of transportation; and

(3) arrange, at least 10 days in advance of the examination date, for the employee's room and board at no cost to the employee if the examination under AS 23.30.095(e), AS 23.30.095(k), AS 23.30.110(g), or this section, requires the employee to be away from home overnight.

(e) If the employer fails to give timely notice of the examination date or fails to arrange for room and board or transportation expenses in accordance with (d) of this section, and if the employee objects to attending the examination because the employer failed to comply with (d) of this section, the employer may not suspend benefits under AS 23.30.095(e).

(f) If a physician examines an employee at the employer's request and if the employer objects to the board's consideration of the physician's report unless the physician is made available for cross-examination, the phrase "furnished and paid for by the employer" in AS 23.30.095(e) includes paying in advance all the employee's costs for making the physician available for cross-examination.

(g) If an employee does not attend an examination scheduled in accordance with AS 23.30.095(e), AS 23.30.095(k), AS 23.30.110(g), or this section,

(1) the employer will pay the physician's fee, if any, for the missed examination; and

(2) upon petition by a party and after a hearing, the board will determine whether good cause existed for the employee not attending the examination; in determining whether good cause existed, the board will consider when notice was given that the employee would not attend, the reason for not attending, the willfulness of the conduct, any extenuating circumstances, and any other relevant facts for missing the examination; if the board finds

(A) good cause for not attending the examination did not exist, the employee's compensation will be reduced in accordance with AS 23.30.155(j) to reimburse the employer the physician's fee and other expenses for the unattended examination; or

(B) good cause for not attending the examination did exist, the physician's fee and other expenses for the unattended examination is the employer's responsibility.

History

Authority: AS 23.30.005; AS 23.30.110 AS 23.30.095; AS 23.30.155

8 AAC 45.092 Second independent medical evaluation {#sec-8-aac-45.092 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.092}

(a) The board will maintain a list of physicians' names for second independent medical evaluations. The names will be listed in categories based on the physician's designation of specialty or particular type of practice and the geographic location of the physician's practice.

(b) The list of physicians will be created as follows:

(1) The board or its designee will ask the Alaska Chiropractic Society, Alaska Dental Society, Alaska Optometric Association, and Alaska State Medical Association to make recommendations from within their respective specialty. The recommendations must be received by the board on or before November 1, 1989 and on or before November 1 of each year after that.

(2) Not later than December 15 of each year, the board will publish a bulletin listing the names of the physicians recommended by the Alaska Chiropractic Society, the Alaska Dental Society, the Alaska Optometric Association, and the Alaska State Medical Association as well as the names of second independent medical examiners.

(3) An attorney who meets the following criteria may, not later than March 1 of each year, submit a letter to the commissioner volunteering to serve on a panel to select physicians for inclusion on the board's list as described in (5) of this subsection. The attorney must

(A) be admitted to the practice of law in this or another state;

(B) have personally presented a total of three cases, no more than one of which was resolved by agreed settlements, for board decision during the calendar year preceding volunteering to serve on a panel; and

(C) in the calendar year preceding volunteering, have represented one class of litigants, either employee or employer, 90 percent of the time; based on the class of litigant that was represented 90 percent of the time, the commissioner will classify the attorney as either an employee or employer attorney.

(4) By May 1 of each year, the commissioner shall choose, from the attorneys who volunteered in accordance with (3) of this subsection, two employee attorneys and two employer attorneys to serve on a panel to select physicians for inclusion on the board's list of physicians. The panel shall meet and select physicians by August 1 of each year. The commissioner shall provide staff to schedule the panel's meetings, publish notice of the meetings, and arrange facilities or other support for the meeting to assist the panel, but the panel members may not be paid for their work or expenses for participating on the panel.

(5) The panel members shall vote, or abstain from voting, upon the physicians whose names were listed in the bulletin published under (2) of this subsection or are suggested by a panel member, even if the physician's name did not appear in the bulletin. A physician who receives three affirmative votes will be sent by the board or its designee an application and a letter asking if the physician is interested in performing second independent medical examinations. Unless the board determines that good cause exists to extend the time, not later than 60 days after the date of the board's letter the physician must submit

(A) a completed application listing the physician's education, training, work experience, specialty, and the particular discipline in which the physician is licensed, as well as the names and addresses of professional organizations that have certified the physician or in which the physician is an active member;

(B) a copy or proof of the physician's current license from the appropriate licensing agency in the state in which the physician practices;

(C) a certificate of insurance for the physician's current and enforceable professional liability insurance for the services performed; and

(D) a certificate of insurance for the physician's workers' compensation insurance if the physician has employees.

(6) If the physician complies with (5) of this subsection, the physician's name will be added to the board's list of second independent medical examiners, effective November 1 of that year. Except as provided in (7) of this subsection and (c) of this section, the physician's name will remain on the list for three years. After three years, the physician must be reselected in accordance with (5) of this subsection. If reselected, the physician will remain on the list unless

(A) three members of the panel described in (4) of this subsection recommend that the physician be removed from the list and the department determines that the removal of the physician is not inconsistent with this chapter; or

(B) the physician is removed from the list under (7) of this subsection or (c) of this section.

(7) Notwithstanding (d) of this section, the board may remove a physician's name from the list compiled in accordance with (6) of this subsection

(A) upon receipt of the physician's written notification that the physician no longer wants to perform second independent medical evaluations; or

(B) if, within 30 days after receipt of a written request, the physician does not annually submit a copy of or proof of licensing by the appropriate state agency, a certificate of insurance for professional liability insurance and, if required under AS 23.30, workers' compensation insurance.

(1) the physician's repeated failure to

(A) timely file medical reports for treatment of injured workers;

(B) timely file written treatment plans when required by AS 23.30.095(c); or

(2) the physician's failure to comply with an order of the board;

(3) revocation by the appropriate licensing agency of the physician's license to provide services;

(4) decertification of or disciplinary action against the physician by an applicable certifying agency or professional organization;

(5) disciplinary action taken against the physician by the State Medical Board, a representative of Medicare or Medicaid, or a hospital, for fraud, abuse, or the quality of care provided;

(6) fraudulent billing or reporting by the physician;

(7) knowingly falsifying information on the physician's application;

(8) conviction of the physician in a state or federal court of any offense involving moral turpitude or drug abuse, including excessive prescription of drugs;

(9) unprofessional conduct or discriminatory treatment by the physician in the care and examination of patients;

(10) use of treatment by the physician which is not sanctioned by the physician's peers or national provider associations as beneficial for the injury or disease under treatment;

(11) declaration of the physician's mental incompetency by a court of competent jurisdiction;

(12) failure by the physician to maintain professional liability insurance or, if required, workers' compensation insurance; or

(13) failure by the physician to annually submit a certificate of insurance for professional liability insurance and, if required, workers' compensation insurance.

(d) Before removing a physician's name from the list,

(1) the board will notify the physician, in writing, either by personal service or by certified mail of the proposed removal and the reason for it;

(2) a physician who receives a notification under (1) of this subsection may, within 30 days after the receipt of the notice, file a written request with the board for a hearing in accordance with AS 23.30.110;

(3) the board will issue a written decision within 30 days after the hearing, or, if no hearing is requested, the board will issue a written decision within 45 days after the written notice of proposed removal; the board's decision will be served on the physician personally or by certified mail, and will state whether the physician's name was removed from the list and the reason for the removal.

(e) If the parties stipulate that a physician not on the board's list may perform an evaluation under AS 23.30.095(k), the board or its designee may select a physician in accordance with the parties' agreement. If the parties do not stipulate to a physician not on the board's list to perform the evaluation, the board or its designee will select a physician to serve as a second independent medical examiner to perform the evaluation. The board or its designee will consider these factors in the following order in selecting the physician:

(1) the nature and extent of the employee's injuries;

(2) the physician's specialty and qualifications;

(3) whether the physician or an associate has previously examined or treated the employee;

(4) the physician's experience in treating injured workers in this state or another state;

(5) the physician's impartiality; and

(6) the proximity of the physician to the employee's geographic location.

(f) If the board or its designee determines that the list of second independent medical examiners does not include an impartial physician with the specialty, qualifications, and experience to examine the employee, the board or its designee will notify the employee and employer that a physician not named on the list will be selected to perform the examination. The notice will state the board's preferred physician's specialty to examine the employee. Not later than 10 days after notice by the board or its designee, the employer and employee may each submit the names, addresses, and curriculum vitae of no more than three physicians. If both the employee and the employer recommend the same physician, that physician will be selected to perform the examination. If no names are recommended by the employer or employee or if the employee and employer do not recommend the same physician, the board or its designee will select a physician, but the selection need not be from the recommendations by the employee or employer.

(g) If there exists a medical dispute under AS 23.30.095(k),

(1) the parties may file a

(A) completed second independent medical form, available from the division, listing the dispute together with copies of the medical records reflecting the dispute, and

(B) stipulation signed by all parties agreeing

(i) upon the type of specialty to perform the evaluation or the physician to perform the evaluation; and

(ii) that either the board or the board's designee determine whether a dispute under AS 23.30.095(k) exists, and requesting the board or the board's designee to exercise discretion under AS 23.30.095(k) and require an evaluation;

(2) a party may petition the board to order an evaluation; the petition must be filed within 60 days after the party received the medical reports reflecting a dispute, or the party's right to request an evaluation under AS 23.30.095(k) is waived;

(A) the completed petition must be filed timely together with a completed second independent medical form, available from the division, listing the dispute; and

(B) copies of the medical records reflecting the dispute; or

(3) the board will, in its discretion, order an evaluation under AS 23.30.095(k) even if no party timely requested an evaluation under (2) of this subsection if

(A) the parties stipulate, in accordance with (1) of this subsection, to the contrary and the board determines the evaluation is necessary; or

(B) the board on its own motion determines an evaluation is necessary.

(h) In an evaluation under AS 23.30.095(k), the board or the board's designee will identify the medical disputes at issue and prepare and submit questions addressing the medical disputes to the medical examiners selected under this section. The board may direct

(1) a party to make a copy of all medical records, including medical providers' depositions, regarding the employee in the party's possession, put the copy in chronological order by date of treatment with the initial report on top, number the records consecutively, and put the records in a binder;

(2) the party making the copy to serve the binder of medical records upon the opposing party together with an affidavit verifying that the binder contains copies of all the medical reports relating to the employee in the party's possession;

(3) the party served with the binder to review the copies of the medical records to determine if the binder contains copies of all the employee's medical records in that party's possession; the party served with the binder must file the binder with the board not later than 10 days after receipt and, if the binder is

(A) complete, the party served with the binder must file the binder upon the board together with an affidavit verifying that the binder contains copies of all the employee's medical records in the party's possession; or

(B) incomplete, the party served with the binder must file the binder upon the board together with a supplemental binder with copies of the medical records in that party's possession that were missing from the binder and an affidavit verifying that the binders contain copies of all medical records in the party's possession; the copies of the medical records in the supplemental binder must be placed in chronological order by date of treatment, with the initial report on top, and numbered consecutively; the party must also serve the party who prepared the first binder with a copy of the supplemental binder together with an affidavit verifying that the binder is identical to the supplemental binder filed with the board;

(4) the party, who receives additional medical records after the binder has been prepared and filed with the board, to make two copies of the additional medical records, put the copies in two separate binders in chronological order by date of treatment, with the initial report on top, and number the copies consecutively; the party must file one binder with the board not later than seven days after receiving the medical records; the party must serve the other additional binder on the opposing party, together with an affidavit stating the binder is identical to the binder filed with the board, not later than seven days after receiving the medical records;

(5) Repealed 5/12/2019.

(i) The report of the physician who is serving as a second independent medical examiner must be done not later than 14 days after the evaluation ends. The evaluation ends when the physician reviews the medical records provided by the board, receives the results of all consultations and tests, and examines the injured worker, if that is necessary. The board will presume the evaluation ended after the injured worker was examined. If the evaluation ended at a later date, the physician must state in the report the date the evaluation was done. An examiner's report must be received by the board not later than 21 days after the evaluation ended. If an examiner's report is not timely received by the board, a party may file a petition asking that another physician be selected to serve as a second independent medical examiner. The board or its designee may, select another physician to serve as a second independent medical examiner, and will make the selection in accordance with this section. Until the parties receive the second independent medical examiner's written report, communications by and with the second independent medical examiner are limited, as follows:

(1) a party or a party's representative and the examiner may communicate as needed to schedule or change the scheduling of the examination;

(2) the employee and the examiner may communicate as necessary to complete the examination;

(3) the examiner's communications with a physician who has examined, treated, or evaluated the employee must be in writing, and a copy of the written communication must be sent to the board and the parties; the examiner must request the physician report in writing and request that the physician not communicate in any other manner with the examiner about the employee's condition, treatment, or claim.

(j) After a party receives an examiner's report, communication with the examiner is limited as follows and must be in accord with this subsection. If a party wants the opportunity to

(1) submit written questions or depose the examiner, the party must

(A) file with the board and serve upon the examiner and all parties, not later than 30 days after receiving the examiner's report, a notice of scheduling a deposition or copies of the written questions; if notice or the written questions are not served in accordance with this paragraph, the party waives the right to question the examiner unless the opposing party gives timely notice of scheduling a deposition or serves written questions; and

(B) initially pay the examiner's charges to respond to the written questions or for being deposed; after a hearing and in accordance with AS 23.30.145 or 23.30.155(d), the charges may be awarded as costs to the prevailing party;

(2) communicate with the examiner regarding the evaluation or report, the party must communicate in writing, serve the other parties with a copy of the written communication at the same time the communication is sent or personally delivered to the examiner, and file a copy of the written communication with the board; or

(3) question the examiner at a hearing, the party must initially pay the examiner's fee for testifying; after a hearing and in accordance with AS 23.30.145 or AS 23.30.155(d), the board will, in its discretion, award the examiner's fee as costs to the prevailing party.

(k) If a party's communication with an examiner is not in accordance with (j) of this section, the board may not admit the evidence obtained by the communication at a hearing and may not consider it in connection with an agreed settlement.

History

Authority: AS 23.30.005; AS 23.30.095; AS 23.30.110
Eff. 7/1/88, Register 107; am 10/28/88, Register 108; am 3/16/90, Register 113; am 7/20/97, Register 143; am 7/2/98, Register 146; am 2/27/2000, Register 153; am 3/13/2004, Register 169; am 2/28/2010, Register 193; am 4/1/2017, Register 221; am 7/27/2017, Register 223; am 5/12/2019, Register 230; am 12/23/2021, Register 240

8 AAC 45.093 Qualifying medical examinations for certain firefighters {#sec-8-aac-45.093 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.093}

(a) A qualifying medical examination under AS 23.30.121(b)(3)(A) must occur no later than 30 days after an individual's employment as a firefighter.

(b) A medical examination under AS 23.30.121(b)(3)(A) or (B) must consist of

(1) a medical history, on form 07-6176, completed by the firefighter, and reviewed by the examining physician;

(2) measurement of the levels of the nicotine by-product cotinine in the blood of the firefighter being examined, and documentation of the measurement on form 07-6177 completed by the examining physician;

(3) a lung examination, documented on form 07-6177 completed by the examining physician; the lung examination must include

(A) pulmonary auscultation;

(B) a baseline chest x-ray and, if indicated, subsequent annual x-rays; and

(4) a cardiac examination, documented on form 07-6177 completed by the examining physician; the cardiac examination must include

(A) cardiac auscultation;

(B) an electrocardiogram; and

(C) if the firefighter being examined is 40 years of age or older, or the examining physician considers it appropriate for a firefighter under 40 years of age, a stress electrocardiogram.

(c) In addition to meeting the requirements of (b) of this section, a qualifying medical examination under AS 23.30.121(b)(3)(A) must include an initial screening for the cancers listed in AS 23.30.121(b)(1)(C). The screening must include a comprehensive history, complete physical and neurological examinations, blood chemistries, complete blood counts, urinalysis, and other diagnostic tests as indicated to screen for these cancers, each documented on form 07-6177 completed by the examining physician.

History

Authority: AS 23.30.005; AS 23.30.121
Eff. 2/20/2011, Register 197; am 12/23/2021, Register 240

8 AAC 45.094 Predisposing conditions for certain firefighters {#sec-8-aac-45.094 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.094}

The provisions of AS 23.30.121(b)(1)(A) and (B) do not apply to a firefighter who develops a cardiovascular or lung condition and has a history of tobacco product exposure. For purposes of this section, tobacco product exposure is

(1) significant direct tobacco product use through smoking, inhaling, or chewing tobacco, significant exposure to environmental tobacco smoke through secondhand smoke, or significant tobacco production or handling; or

(2) a cotinine level, measured in the individual's blood, of 15 or more nanograms per milliliter of blood serum, regardless of the medical history documented by the firefighter and physician.

History

Authority: AS 23.30.005; AS 23.30.121
Eff. 2/20/2011, Register 197

8 AAC 45.095 Release of information {#sec-8-aac-45.095 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.095}

(a) An employee who, having been properly served with a request for release of information, feels that the information requested is not relevant to the injury must, within 14 days after service of the request, petition for a prehearing under 8 AAC 45.065.

(b) If after a prehearing the board or its designee determines that information sought from the employee is not relevant to the injury that is the subject of the claim, a protective order will be issued.

(c) If after a prehearing an order to release information is issued and an employee refuses to sign a release, the board will, in its discretion, limit the issues at the hearing on the claim to the propriety of the employee's refusal. If after the hearing the board finds that the employee's refusal to sign the requested release was unreasonable, the board will, in its discretion, refuse to order or award compensation until the employee has signed the release.

History

Authority: AS 23.30.005; AS 23.30.107; AS 23.30.108
Eff. 5/28/83, Register 86; am 3/31/2002, Register 161

8 AAC 45.100 Transcript of testimony {#sec-8-aac-45.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.100}

Repealed 5/28/83.

8 AAC 45.105 Code of conduct {#sec-8-aac-45.105 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.105}

(a) Nothing in this section relieves a board member's duty to comply with the provisions of AS 39.52.010 - 39.52.960 (Alaska Executive Branch Ethics Act) and 9 AAC 52.010 - 9 AAC 52.990. A board member holds office as a public trust, and an effort to benefit from a personal or financial interest through official action is a violation of that trust. A board member is drawn from society and cannot and should not be without personal and financial interests in the decisions and policies of government. An individual who serves as a board member retains rights to interests of a personal or financial nature. Standards of ethical conduct for a board member distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts of interests that are substantial and material.

(b) The provisions of this section do not prevent a board member from following other independent pursuits, if those pursuits do not interfere with the full and faithful discharge of a board member's public duties and responsibilities under AS 23.30 and this chapter.

(c) The recusal of a board panel member for a conflict of interest under the procedures set out in 8 AAC 45.106 may occur only if the recusal is based on clear and convincing evidence that the board panel member

(1) has a conflict of interest that is substantial and material; or

(2) shows actual bias or prejudgment.

(d) The recusal of a board panel member to avoid impropriety or the appearance of impropriety under the procedures set out in 8 AAC 45.106 may occur only if the recusal is based on clear and convincing evidence that the board panel member

(1) has a personal or financial interest that is substantial and material; or

(2) shows actual bias or prejudgment.

(e) Unethical conduct is prohibited, but there is no substantial impropriety or substantial appearance of impropriety if, as to a specific matter, the standards of AS 39.52.110(b) would permit participation.

History

Authority: AS 23.30.005; AS 44.31.020
Eff. 10/29/2009, Register 192

8 AAC 45.106 Procedures for board panel members to avoid conflict of interest, impropriety, and appearance of impropriety {#sec-8-aac-45.106 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.106}

(a) Before conducting a hearing on a case, each board panel member shall be given the names of the parties involved in the hearing and any other appropriate information necessary for the board panel member to determine if the individual member, or another member, has a conflict of interest as described in 8 AAC 45.105.

(b) If a board panel member determines that the member has a potential conflict of interest, the potential conflict of interest must be disclosed to the board panel chair before the hearing.

(c) Upon notification by a board panel member of potential conflict of interest under (b) of this section, the board panel chair shall request that the board panel member recuse oneself or refer the matter to the remainder of the board panel to determine if recusal is appropriate.

(d) If before a scheduled hearing begins, a party has knowledge of a potential conflict of interest or knowledge that a board panel member's circumstances may present a potential impropriety or appearance of impropriety, the party may file a petition with the commissioner, or the commissioner's designated hearing officer under AS 23.30.005(b), objecting to the board panel member and briefly outline the reasons. If a petition is filed under this subsection, the commissioner, or the commissioner's designated hearing officer, shall forward the objection to the board panel member who is the subject of the petition for the member's review. If the board panel member does not recuse oneself from the proceeding, the remaining board panel members shall determine whether the board panel member who is the subject of the petition may hear the case.

History

Authority: AS 23.30.005; AS 44.31.020
Eff. 10/29/2009, Register 192

8 AAC 45.110 Record of proceedings {#sec-8-aac-45.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.110}

(a) Evidence, exhibits, or other things received in evidence at a hearing or otherwise placed in the record by board order and any thing filed in the case file established in accordance with 8 AAC 45.032 is the written record at a hearing before the board. A person may see or get a copy of the written record in accordance with this subsection and after completing and giving the division a written request, providing identification, and paying the fee, if required under 8 AAC 45.030. Under this section,

(1) a party to a claim or a petition or a party's representative who has filed an entry of appearance in a case may see or get a copy of the written record, including medical and rehabilitation reports, for the employee's case files; for purposes of this paragraph, "a party to a claim or a petition" is the employee, the employer, the insurer, a person sought to be joined or consolidated to a claim or petition, or the rehabilitation specialist appointed or selected in accordance with AS 23.30.041 or 23.30.043;

(2) a government agency or a physician providing services under AS 23.30.095(k) or 23.30.110(g) may see or get a copy of the written record, including medical and rehabilitation reports; or

(3) a person other than a person described in (1) or (2) of this subsection may see or get a copy of the written record, excluding the medical or rehabilitation reports; the person may see or get a copy of the written record, including medical and rehabilitation reports, upon submitting a

(A) written release signed by the employee giving consent for the person to see or get a copy of the medical and rehabilitation reports; or

(B) court order or a subpoena from a court or government agency.

(b) Exhibits submitted at hearings will be kept by the board during the time for appeal. When the time for the filing of an appeal has passed, the exhibits may be returned to the party who submitted the evidence. If the party is either unavailable or declines to take the exhibits, the exhibits may be destroyed. Medical reports submitted into evidence will remain in the case file unless removed by an order of the board or the board's designee for good cause or under AS 23.30.108.

(1) the official recording of the hearing;

(2) used to prepare the transcript for the record on appeal;

(3) kept separate from the case file; and

(4) copied upon written request and payment of the appropriate fee.

History

Authority: AS 23.30.005; AS 23.30.107

8 AAC 45.112 Witness list {#sec-8-aac-45.112 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.112}

A witness list must indicate whether the witness will testify in person, by deposition, or telephonically, the witness's address and phone number, and a brief description of the subject matter and substance of the witness's expected testimony. If a witness list is required under 8 AAC 45.065, the witness list must be filed with the board and served upon all parties at least five working days before the hearing. If a party directed at a prehearing to file a witness list fails to file a witness list as directed or files a witness list that is not in accordance with this section, the board will exclude the party's witnesses from testifying at the hearing, except that the board will admit and consider

(1) the testimony of a party, and

(2) deposition testimony completed, though not necessarily transcribed, before the time for filing a witness list.

History

Authority: AS 23.30.005(h)AS 23.30.135
Eff. 3/16/90, Register 113

8 AAC 45.114 Legal memoranda {#sec-8-aac-45.114 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.114}

Except when the board or its designee determines that unusual and extenuating circumstances exist, legal memoranda must

(1) be filed and served at least five working days before the hearing, or timely filed and served in accordance with the prehearing ruling if an earlier date was established;

(2) not exceed 15 pages, excluding exhibits, unless at a prehearing the board or its designee determined that unusual and extenuating circumstances warranted a longer memorandum; if the board or its designee granted permission at prehearing to file a legal memorandum exceeding 15 pages, excluding exhibits, it must be accompanied by a one-page summary of the issues and arguments;

(3) be on 81/2 by 11-inch paper of at least 16-pound weight, have margins of at least one inch on all sides, exclusive of headers and page numbers, and have spacing of not less than one and one-half lines, except that quotations may be single-spaced and indented; and

(4) display the text in clear and legible hand printing or writing in black or blue ink or in black typeface equivalent in size to at least 12 point Courier or 13 point Times New Roman or New Century Schoolbook.

(5) repealed 4/1/2017.

History

Authority: AS 23.30.005; AS 23.30.135
Eff. 3/16/90, Register 113; am 7/20/97, Register 143; am 4/1/2017, Register 221

8 AAC 45.116 Opening and closing argument {#sec-8-aac-45.116 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.116}

Except when the board or its designee determines that unusual and extenuating circumstances exist, the amount of time at a hearing for a party's opening and closing arguments, including a statement of the issues, will be a combined total of not more than 20 minutes.

History

Authority: AS 23.30.005(h)AS 23.30.135
Eff. 3/16/90, Register 113

8 AAC 45.120 Evidence {#sec-8-aac-45.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.120}

(a) Witnesses at a hearing shall testify under oath or affirmation. The board will, in its discretion, examine witnesses and will allow all parties present an opportunity to do so. Except as provided in this subsection and 8 AAC 45.112, a party who wants to present a witness's testimony by deposition must file a transcript of the deposition with the board at least two working days before the hearing. If the board determines that a party is extremely indigent and cannot afford to pay the transcription fee, the board will rely upon the audio or visual recording of the deposition without a transcript. If a party fails to file a transcript of a witness's deposition at least two days before the hearing and if the board or its designee determines that neither unusual and extenuating circumstances exists nor is the party extremely indigent, the witness's deposition testimony will be excluded from the hearing, except for impeachment purposes, and will not be relied upon by the board in reaching its decision. If the board or its designee determines that unusual and extenuating circumstances exist, the board or its designee will determine whether to rely upon either the late-filed transcript or upon the audio or visual recording of the deposition without a transcript.

(b) The order in which evidence and argument is presented at the hearing will be in the discretion of the board, unless otherwise expressly provided by law. All proceedings must afford every party a reasonable opportunity for a fair hearing.

(1) to call and examine witnesses;

(2) to introduce exhibits;

(3) to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination;

(4) to impeach any witness regardless of which party first called the witness to testify; and

(5) to rebut contrary evidence.

(d) A party who does not testify in his own behalf may be called and examined by any party as if under cross-examination.

(e) Technical rules relating to evidence and witnesses do not apply in board proceedings, except as provided in this chapter. Any relevant evidence is admissible if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but it is not sufficient in itself to support a finding of fact unless it would be admissible over objection in civil actions. The rules of privilege apply to the same extent as in civil actions. Irrelevant or unduly repetitious evidence may be excluded on those grounds.

(f) Any document, including a compensation report, controversion notice, claim, application for adjustment of claim, request for a conference, affidavit of readiness for hearing, petition, answer, or a prehearing summary, that is served upon the parties, accompanied by proof of service, and that is in the board's possession 20 or more days before hearing, will, in the board's discretion, be relied upon by the board in reaching a decision unless a written request for an opportunity to cross-examine the document's author is filed with the board and served upon all parties at least 10 days before the hearing. The right to request cross-examination specified in this subsection does not apply to medical reports filed in accordance with 8 AAC 45.052; a cross-examination request for the author of a medical report must be made in accordance with 8 AAC 45.052.

(g) A request for cross-examination filed under (f) of this section must (1) specifically identify the document by date and author, and generally describe the type of document; and (2) state a specific reason why cross-examination is being requested.

(h) If a request is filed in accordance with (f) of this section, an opportunity for cross-examination will be provided unless the request is withdrawn or the board determines that

(1) under a hearsay exception of the Alaska Rules of Evidence, the document is admissible;

(2) the document is not hearsay under the Alaska Rules of Evidence; or

(3) the document is a report of an examination performed by a physician chosen by the board under AS 23.30.095(k) or AS 23.30.110(g).

(i) If a hearing is scheduled on less than 20 days' notice or if a document is received by the board less than 20 days before hearing, the board will rely upon that document only if the parties expressly waive the right to cross-examination or if the board determines the document is admissible under a hearsay exception of the Alaska Rules of Evidence.

(j) Subsections (f) - (i) apply only to objections based on hearsay, and do not limit the parties' right to object to the introduction of documents on other grounds.

(k) The board favors the production of medical evidence in the form of written reports, but will, in its discretion, give less weight to written reports that do not include

(1) the patient's complaints;

(2) the history of the injury;

(3) the source of all facts set out in the history and complaints;

(4) the findings on examination;

(5) the medical treatment indicated;

(6) the relationship of the impairment or injury to the employment;

(7) the medical provider's opinion concerning the employee's working ability and reasons for that opinion;

(8) the likelihood of permanent impairment; and

(9) the medical provider's opinion as to whether the impairment, if permanent, is ready for rating, the extent of impairment, and detailed factors upon which the rating is based.

(l) Unless a genuine question is raised as to the authenticity of the original or, in the circumstances, it would be unfair to admit the duplicate in place of the original, a duplicate is admissible in accordance with this section to the same extent as an original.

(1) For purposes of this subsection, a duplicate is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, or by mechanical or electronic recording, or by chemical reproduction, or by other equivalent techniques that accurately reproduce the original.

(2) The following duplicates are admissible to the same extent as an original:

(A) duplicates of medical reports or records of any governmental agency;

(B) a duplicate of the contents of a writing, recording, or photograph is admissible if

(i) all originals are lost or have been destroyed, unless the party in bad faith lost or destroyed them;

(ii) an original cannot be obtained by any available judicial or administrative process or procedure;

(iii) at a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at hearing; or

(iv) the writing, recording, or photograph is not closely related to a controlling issue.

(m) The board will not consider evidence or legal memoranda filed after the board closes the hearing record, unless the board, upon its motion, determines that the hearing was not completed and reopens the hearing record for additional evidence or legal memoranda. The board will give the parties written notice of reopening the hearing record, will specify what additional documents are to be filed, and the deadline for filing the documents.

History

Authority: AS 23.30.005(h)AS 23.30.110(c) AS 23.30.095; AS 23.30.135

8 AAC 45.122 Rating of permanent impairment {#sec-8-aac-45.122 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.122}

(a) The board will give public notice of the edition of the American Medical Association Guides to the Evaluation of Permanent Impairment and effective date for using the edition by publishing a notice in a newspaper of general circulation in Anchorage, Fairbanks, and Juneau; as well as issue a bulletin published on the division's website.

(b) It is presumed that the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA) address the injury. If the board finds the presumption is overcome by clear and convincing evidence and if the permanent impairment cannot, in the board's opinion, be determined under the AMA guides, then the impairment rating must be based on The State of Minnesota, Department of Labor and Industry, Permanent Partial Disability Schedule, effective July 1, 1993, or the American Academy of Orthopedic Surgeons Manual For Evaluating Permanent Physical Impairments (AAOS), first edition (1965). If a rating under the Permanent Partial Disability Schedule or the AAOS is not of the whole person, the rating must be converted to a whole person rating under the AMA guides.

(c) A rating of zero impairment under AMA guides is a permanent impairment determination and no determination may be made under the Permanent Partial Disability Schedule described in (b) of this section or the AAOS.

History

Authority: AS 23.30.005; AS 23.30.095; AS 23.30.190
Eff. 12/14/86, Register 100; am 3/16/90, Register 113; am 4/21/96, Register 138; am 7/20/97, Register 143; am 7/2/98, Register 146; am 12/23/2021, Register 240

8 AAC 45.130 Findings and awards and orders {#sec-8-aac-45.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.130}

The board will prepare and serve the findings and award as well as all other orders in these proceedings.

History

Authority: AS 23.30.005; AS 23.30.110

8 AAC 45.132 Survival of accrued benefits {#sec-8-aac-45.132 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.132}

If an employee dies during a period of controversion, compensation benefits which have accrued but have not been paid, unless provided for in AS 23.30.195, belong to the employee's estate as determined by the laws of the state.

History

Authority: AS 23.30.005; AS 23.30.110(f)AS 23.30.195
Eff. 5/28/83, Register 86

8 AAC 45.134 Modification and offset of compensation: reimbursement {#sec-8-aac-45.134 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.134}

(a) If the board finds that a party other than the party liable under the Act has paid compensation, the board may order the party actually liable for the payments to reimburse the party which has paid.

(b) In accordance with AS 23.30.155(j), the employer may reduce permanent total disability benefits to recover permanent partial disability benefits previously paid by the employer for the same injury.

History

Authority: AS 23.30.005; AS 23.30.155; AS 23.30.180
Eff. 5/28/83, Register 86; am 3/16/90, Register 113; am 5/12/2019, Register 230

8 AAC 45.136 Notice of payment or modification of compensation {#sec-8-aac-45.136 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.136}

(a) When the employer or carrier begins, increases, reduces, terminates, suspends or otherwise modifies compensation payments to the employee, the employer or carrier shall notify the division of the nature and substance of the commencement or change within 28 days after the commencement or change by filing electronically a subsequent report of injury (SROI) through electronic data interchange (EDI). The division will notify the employee of the commencement, termination, and any other modification of compensation payments.

(b) For purposes of this section and AS 23.30.155(c), "filed" means submitted through EDI and followed by a "Transaction Accepted" acknowledgement from the jurisdiction.

(1) submitted through EDI and followed by a "Transaction Accepted" acknowledgement from the jurisdiction; and

(2) the difference, if any, between the amount listed as paid in each payment category is no greater than 10 percent of the amount reported to the board, as filed under this section and AS 23.30.155(c) in the preceding year

(3) repealed 12/23/2021;

(4) repealed 12/23/2021;

(5) repealed 12/23/2021.

(d) The division will compare the amount listed for each payment category on the annual report with the board's records to determine if the annual report is complete. The division will serve the employer or carrier written notice that the annual report was incomplete, based on the differences. Within 30 days after the date notice is served, the employer or carrier must respond in writing to the board and provide documentation that the board's records are in error and the annual report was complete as initially filed. If the employer or carrier fails to timely respond in accordance with this section or the evidence submitted in the response does not prove the error was in the board's records, the annual report is incomplete for purposes of AS 23.30.155(m).

(e) Repealed 12/23/2021.

(f) Penalties assessed under AS 23.30.155(c) are due after application of AS 23.30.155(m) and (d) of this section. The commissioner will notify the employer or carrier of the amount of penalties due, if penalties are not paid within 30 days after notification by the commissioner of the amount due, the employer or carrier shall pay

(1) an additional 25 percent of the penalties due under AS 23.30.155(m); and

(2) interest on the penalties at the rate established by AS 45.45.010 until the penalties are paid.

History

Authority: AS 23.30.005; AS 23.30.155
Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 3/16/90, Register 113; am 7/20/97, Register 143; am 4/15/99, Register 150; am 12/23/2021, Register 240

8 AAC 45.138 Cost-of-living adjustment {#sec-8-aac-45.138 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.138}

(a) The cost-of-living adjustment provided in AS 23.30.175 applies only to payments related to injuries occurring on or after July 1, 1988.

(b) the department will identify an organization it selects to perform the cost-of-living surveys that determine the cost-of-living adjustment applicable to a recipient's compensation rate when the recipient does not reside in this state.

(c) The results of the cost-of-living survey for this state, various areas in other states and the District of Columbia will be published annually in the Workers' Compensation Manual, published by the department. The cost of living for this state will be the averaged cost of living for Anchorage, Juneau, and Fairbanks.

(d) If the cost-of-living adjustment under AS 23.30.175 and this section results in a compensation rate that exceeds the maximum weekly rate provided in AS 23.30.175, the recipient's compensation rate must be reduced to the maximum weekly rate in effect under AS 23.30.175 at the time of injury.

(e) If the recipient does not reside in this state but resides in the United States, the cost-of-living ratio must be determined by using the ratio of the published cost of living for the area nearest where the recipient resides and the cost of living for this state. If the recipient resides an equal distance between two areas for which cost-of-living surveys have been published, the ratio that results in the highest compensation rate must be used.

(f) If the recipient does not reside in the United States, the department will obtain a cost-of-living survey for the largest city in the country in which the recipient resides. The cost of living for that city must be used to obtain the ratio for purposes of this section and AS 23.20.175.

(g) The cost-of-living ratio obtained under this section is presumed to fairly reflect the cost of living difference between this state and the area where the recipient resides. In accordance with AS 23.30.110 and 8 AAC 45.070, a hearing may be requested for board review of the cost-of-living ratio for a particular recipient. If a hearing is requested,

(1) the issue at hearing will be limited to whether there is a substantial difference between the actual cost of living in the area where the recipient resides and the cost of living published by the commissioner for that area;

(2) the board will refuse to accept, at the hearing, evidence of a particular recipient's actual cost of living;

(3) if a party presents evidence of a substantial difference between the cost of living for a particular recipient's area and the cost of living determined by the board's survey, the board will, in its discretion, adjust the ratio accordingly.

(h) If the cost-of-living ratio calculated under AS 23.30.175 and this section is from 98 percent through 102 percent, the cost-of-living ratio will be rounded off to 100 percent, and the employer need not adjust the employee's weekly compensation benefits under AS 23.30.175 and this section.

History

Authority: AS 23.30.005; AS 23.30.175
Eff. 7/1/88, Register 107; am 10/28/88, Register 108; am 3/16/90, Register 113; am 12/2/2012, Register 204

8 AAC 45.140 Executions and certified copies {#sec-8-aac-45.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.140}

Repealed 5/28/83.

8 AAC 45.142 Interest {#sec-8-aac-45.142 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.142}

(a) If compensation is not paid when due, interest must be paid at the rate established in AS 45.45.010 for an injury that occurred before July 1, 2000, and at the rate established in AS 09.30.070(a) for an injury that occurred on or after July 1, 2000. If more than one installment of compensation is past due, interest must be paid from the date each installment of compensation was due, until paid. If compensation for a past period is paid under an order issued by the board, interest on the compensation awarded must be paid from the due date of each unpaid installment of compensation.

(b) The employer shall pay the interest

(1) on late-paid time-loss compensation to the employee or, if deceased, to the employee's beneficiary or estate;

(2) on late-paid death benefits to the widow, widower, child or children, or other beneficiary who is entitled to the death benefits, or the employee's estate;

(3) on late-paid medical benefits to

(A) the employee or, if deceased, to the employee's beneficiary or estate, if the employee has paid the provider or the medical benefits;

(B) to an insurer, trust, organization, or government agency, if the insurer, trust, organization, or government agency has paid the provider of the medical benefits; or

History

Authority: AS 23.30.005; AS 23.30.155
Eff. 12/14/86, Register 100; am 7/2/98, Register 146; am 2/3/2001, Register 157

8 AAC 45.150 Rehearings and modification of board orders {#sec-8-aac-45.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.150}

(a) The board will, in its discretion, grant a rehearing to consider modification of an award only upon the grounds stated in AS 23.30.130.

(b) A party may request a rehearing or modification of a board order by filing a petition for a rehearing or modification and serving the petition on all parties in accordance with 8 AAC 45.060.

(c) A petition for a rehearing or modification based upon change of conditions must set out specifically and in detail the history of the claim from the date of the injury to the date of filing of the petition and the nature of the change of conditions. The petition must be accompanied by all relevant medical reports, signed by the preparing physicians, and must include a summary of the effects which a finding of the alleged change of conditions would have upon the existing board order or award.

(d) A petition for a rehearing or modification based on an alleged mistake of fact by the board must set out specifically and in detail

(1) the facts upon which the original award was based;

(2) the facts alleged to be erroneous, the evidence in support of the allegations of mistake, and, if a party has newly discovered evidence, an affidavit from the party or the party's representative stating the reason why, with due diligence, the newly discovered evidence supporting the allegation could not have been discovered and produced at the time of the hearing; and

(3) the effect that a finding of the alleged mistake would have upon the existing board order or award.

(e) A bare allegation of change of conditions or mistake of fact without specification of details sufficient to permit the board to identify the facts challenged will not support a request for a rehearing or a modification.

(f) In reviewing a petition for a rehearing or modification the board will give due consideration to any argument and evidence presented in the petition. The board, in its discretion, will decide whether to examine previously submitted evidence.

History

Authority: AS 23.30.005(h)AS 23.30.125; AS 23.30.130

8 AAC 45.160 Agreed settlements {#sec-8-aac-45.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.160}

(a) The board will review a settlement agreement that provides for the payment of compensation due or to become due and that undertakes to release the employer from any or all future liability. A settlement agreement will be approved by the board only if a preponderance of evidence demonstrates that approval would be for the best interest of the employee or the employee's beneficiaries. The board will, in its discretion, require the employee to attend, and the employer to pay for, an examination of the employee by the board's independent medical examiner. If the board requires an independent medical examination, the board will not act on the agreed settlement until the independent medical examiner's report is received by the board.

(b) All settlement agreements must be submitted in writing to the board, must be signed by all parties to the action and their attorneys or representatives, if any, and must be accompanied by form 07-6117.

(1) be accompanied by all medical reports in the parties' possession, except that, if a medical summary has been filed, only those medical reports not listed on the summary must accompany the agreed-upon settlement;

(2) include a written statement showing the employee's age and occupation on the date of injury, whether and when the employee has returned to work, and the nature of employment;

(3) report full information concerning the employee's wages or earning capacity;

(4) state in detail the parties' respective claims;

(5) state the attorney's fee arrangement between the employee or his beneficiaries and the attorney, including the total amount of fees to be paid;

(6) itemize in detail all compensation previously paid on the claim with specific dates, types, amounts, rates, and periods covered by all past payments;

(7) include a written statement from all parties and their representative that

(A) the agreed settlement contains the entire agreement among the parties;

(B) The parties have not made an undisclosed agreement that modifies the agreed settlement;

(D) an undisclosed agreement is not contingent on the agreed settlement; and

(8) contain other information the board may from time to time require.

(d) The board will, within 30 days after receipt of a written agreed settlement, review the written agreed settlement, the documents submitted by the parties, and the board's case file to determine

(1) if it appears by a preponderance of the evidence that the agreed settlement is in accordance with AS 23.30.012; and

(2) if the board finds the agreed settlement

(A) is in the employee's best interest, the board will approve, file, and issue a copy of the approved agreement in accordance with AS 23.30.110(e); or

(B) lacks adequate supporting information to determine whether the agreed settlement appears to be in the employee's best interest or if the board finds that the agreed settlement is not in the employee's best interest, the board will deny approval of the agreed settlement, will notify the parties in writing of the denial, and will, in the board's discretion, inform the parties

(i) of the additional information that must be provided for the board to reconsider the agreed settlement; or

(ii) that either party may ask for a hearing to present additional evidence or argument for the board to reconsider the agreed settlement; to ask for a hearing under this paragraph, a party may write to the board or telephone the division; an affidavit of readiness for hearing is not required; the procedures in 8 AAC 45.070 and 8 AAC 45.074 do not apply to a hearing under this subparagraph unless a party requests a hearing by filing an affidavit of readiness for hearing. If a hearing is held under this section, the board will, in its discretion, notify the parties orally at the hearing of its decision or in writing within 30 days after the hearing; if after a hearing the board finds the preponderance of evidence supports the conclusion that the agreed settlement appears to be in the employee's best interest, the board will approve and file the agreed settlement in accordance with AS 23.30.110(e); the evidence is insufficient to determine whether the agreed settlement appears to be in the employee's best interest, the board will deny approval of the agreed settlement and request additional information from the parties; or the agreed settlement does not appear to be in the employee's best interest, the board will deny approval of the agreed settlement; the board will not prepare a written decision and order containing findings of fact and conclusions of law unless, within 30 days after the board's notification, a party files with the board a written request for findings of fact and conclusions of law together with the opposing party's written agreement to the request.

(e) An agreed settlement in which the employee waives medical benefits, temporary or permanent benefits before the employee's condition is medically stable and the degree of impairment is rated, or benefits during rehabilitation training after the employee has been found eligible for benefits under AS 23.30.041(g) is presumed not in the employee's best interest, and will not be approved absent a showing by a preponderance of the evidence that the waiver is in the employee's best interest. In addition, a lump-sum settlement of board-ordered permanent total disability benefits is presumed not in the employee's best interest, and will not be approved absent a showing by a preponderance of evidence that the lump-sum settlement is in the employee's best interests.

(f) In single-employer, multi-carrier claims, when an employee's claims have been consolidated under 8 AAC 45.050, or when parties have been joined under 8 AAC 45.040, no agreed settlement will be approved unless all parties have agreed to and signed the agreed settlement document.

(g) The employee or the employee's beneficiaries and the employer may agree to partially resolve a claim or a single issue, such as the employee's gross weekly earnings under AS 23.30.220, and submit a partial agreed settlement for board approval under AS 23.30.012 to resolve only a part of the claim or a single issue.

(h) To report on the annual report and compensation report the benefits paid in an agreed settlement as benefits under AS 23.30.041(l), the agreed settlement must agree to

(1) reimburse an employee for tuition, books, or supplies purchased to implement a reemployment plan prepared by a rehabilitation specialist;

(2) pay an accredited educational or vocational institution for tuition, books, and supplies;

(3) pay an expert for professional services for the following items in connection with preparing a self-employment plan

(A) a feasibility study;

(B) analyzing a self-employment plan;

(4) assist the employee in becoming self-employed by purchasing, or reimbursing the employee for the expenses for purchasing a business or the facilities, tools, or equipment for a business, but only if the administrator approves the self-employment plan or the parties sign a self-employment plan prepared by a rehabilitation specialist.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.110 AS 23.30.012; AS 23.30.095; AS 23.30.220

8 AAC 45.162 Present value of future compensation {#sec-8-aac-45.162 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.162}

In computing the present value of all future compensation and benefits under AS 23.30.015(e), the interest rate is two percent less than that set in AS 45.45.010 for an injury that occurred before July 1, 2000, and two percent less than that set in AS 09.30.070(a) for an injury that occurred on or after July 1, 2000.

History

Authority: AS 23.30.005(h)AS 23.30.155 AS 23.30.015(e)AS 23.30.190
Eff. 12/14/86, Register 100; am 3/16/90, Register 113; am 2/3/2001, Register 157

8 AAC 45.170 Listing of injuries {#sec-8-aac-45.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.170}

(a) Each injury will be listed in the board's files under the name of the employee claimed to have been injured, regardless of whether or not that person is the claimant. Reference to the injury will be by the name of the injured employee and the board's injury number.

(b) Parties to an injury are designated as follows:

(1) A person filing a claim for compensation benefits under the Act is a claimant.

(2) The employer and its insurance carrier, if any, are defendants.

(3) A party filing a petition is a petitioner.

(4) A party responding to a petition is a respondent.

History

Authority: AS 23.30.005; AS 23.30.105 AS 23.30.100; AS 23.30.110

8 AAC 45.174 Uninsured employers {#sec-8-aac-45.174 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.174}

(a) Upon the verified petition of a person or upon its own motion, the division will investigate an employer who is alleged to be in violation of AS 23.30.075.

(b) At the request of the division and after a hearing, if the board finds an employer is in violation of AS 23.30.075, the board may issue a stop order prohibiting the use of employee labor by the employer. The order will be personally served upon the employer or the employer's agent. Any person or division investigator appointed under AS 18.65.010 as a limited special officer by the commissioner of public safety and who is authorized or designated by the commissioner to serve process in department proceedings may serve an order issued by the board under this section.

(c) At the request of the division and after investigation, if the director finds substantial evidence that an employer is in violation of AS 23.30.075, the director may issue a stop order prohibiting the use of employee labor by the employer. The order will be personally served upon the employer or the employer's agent. Any person or division investigator appointed under AS 18.65.010 as a limited special officer by the commissioner of public safety and who is authorized or designated by the commissioner to serve process in department proceedings may serve an order issued by the board under this section.

(d) A stop order issued in accordance with this section will be withdrawn, in accordance with AS 23.30.080(e), when the employer complies with AS 23.30.075.

(e) An employer may challenge issuance of a stop order by filing a petition requesting a board hearing. The hearing on the petition is a continuation of the administrative proceeding that began with the issuance of the stop order.

(f) The conducting of proceedings under this section does not affect the right of the division to seek criminal penalties against the employer under AS 23.30.075(b).

(g) Proceedings conducted under this section are subject to AS 44.62.330 - 44.62.630 (Administrative Procedure Act).

History

Authority: AS 23.30.005; AS 23.30.080
Eff. 5/28/83, Register 86; am 12/2/2012, Register 204; am 12/23/2021, Register 240

8 AAC 45.175 Failure to insure: issuance of subpoena {#sec-8-aac-45.175 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.175}

Repealed.

History

Eff. 2/28/2010, Register 193; repealed 4/1/2017, Register 221

8 AAC 45.176 Failure to provide security: assessment of civil penalties {#sec-8-aac-45.176 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.176}

(a) If the board finds an employer to have failed to provide security as required by AS 23.30.075, the employer is subject to a civil penalty under AS 23.30.080(f), determined as follows:

(1) if an employer has an inadvertent lapse in coverage, the civil penalty assessed under AS 23.30.080(f) for the employer's violation of AS 23.30.075 may be no more than the prorated premium the employer would have paid had the employer been in compliance with AS 23.30.075; the division shall consider a lapse in coverage of not more than 30 days to be inadvertent if the employer has changed carriers, ownership of the employer has changed, the form of business entity of the employer has change, the individual responsible for obtaining workers' compensation coverage for the employer has changed, or the board determines an unusual extenuating circumstance to qualify as an inadvertent lapse;

(2) if an employer has not previously violated AS 23.30.075, and is found not to have aggravating factors, and agrees to a stipulation of facts and executes a confession of judgment without action, without a board hearing, the employer will be assessed a civil penalty of two times the premium the employer would have paid had the employer complied with AS 23.30.075;

(3) if an employer has not previously violated AS 23.30.075, and is found to have no more than three aggravating factors, the employer will be assessed a civil penalty of no less than $10 and no more than $50 per uninsured employee workday; however, the civil penalty may not be less than two times the premium the employer would have paid had the employer complied with AS 23.30.075; without a board hearing, if an employer agrees to a stipulation of facts and executes a confession of judgment without action, the employer will be given a 25 percent discount of the assessed civil penalty; however, the discounted amount may not be less than any civil penalty that would be assessed under (2) of this subsection;

(4) if an employer is found to have no more than six aggravating factors, the employer will be assessed a civil penalty of no less than $51 and no more than $499 per uninsured employee workday; however, the civil penalty may not be less than two times the premium the employer would have paid had the employer complied with AS 23.30.075; without a board hearing, if an employer agrees to a stipulation of facts and executes a confession of judgment without action, the employer will be given a 25 percent discount of the assessed civil penalty; however, the discounted amount may not be less than any civil penalty that would be assessed under (3) of this subsection;

(5) if an employer is found to have no fewer than seven and no more than 10 aggravating factors, the employer will be assessed a civil penalty of no less than $500 and no more than $999 per uninsured employee workday; however, the civil penalty may not be less than four times the premium the employer would have paid had the employer complied with AS 23.30.075; without a board hearing, if an employer agrees to a stipulation of facts and executes a confession of judgment without action, the employer will be given a 25 percent discount of the assessed civil penalty; however, the discounted amount may not be less than any civil penalty that would be assessed under (4) of this subsection;

(6) if an employer is found to have more than 10 aggravating factors, the employer will be assessed a civil penalty of $1,000 per uninsured employee workday.

(b) A civil penalty assessed under (a) of this section may not exceed the maximum civil penalty allowed under AS 23.30.080(f).

(c) An employer receiving government funding of any form to obtain workers' compensation coverage under AS 23.30.075 that fails to provide that coverage may be assessed the maximum civil penalty under AS 23.30.080(f).

(d) For the purposes of this section, "aggravating factors" include

(1) failure to obtain workers' compensation insurance within 10 days after the division's notification of a lack of workers' compensation insurance;

(2) failure to maintain workers' compensation insurance after previous notification by the division of a lack of coverage;

(3) a violation of AS 23.30.075 that exceeds 180 calendar days;

(4) previous violations of AS 23.30.075;

(5) issuance of a stop order by the board under AS 23.30.080(d), or the director under AS 23.30.080(e);

(6) violation of a stop order issued by the board under AS 23.30.080(d), or the director under AS 23.30.080(e);

(7) failure to comply with the division's initial discovery demand within 30 days after the demand;

(8) failure to pay a penalty previously assessed by the board for violations of AS 23.30.075;

(9) failure to provide compensation or benefits payable under the Act to an uninsured injured employee;

(10) a history of injuries or deaths sustained by one or more employees while employer was in violation of AS 23.30.075;

(11) a history of injuries or deaths while the employer was insured under AS 23.30.075;

(12) failure to appear at a hearing before the board after receiving proper notice under AS 23.30.110;

(13) cancellation of a workers' compensation insurance policy due to the employer's failure to comply with the carrier's requests or procedures;

(14) lapses in business practice that would be used by a reasonably diligent business person, including

(A) ignoring certified mail;

(B) failure to properly supervise employees; and

(15) receipt of government funding of any form to obtain workers' compensation coverage under AS 23.30.075, and failure to provide that coverage.

(e) In this section,

(1) "premium" means the current amount charged to the employer by a carrier for coverage under AS 23.30.075;

(2) "uninsured employee workday" means the total hours of employee labor utilized by the employer while in violation of AS 23.30.075 divided by eight.

History

Authority: AS 23.30.005; AS 23.30.080
Eff. 2/28/2010, Register 193

8 AAC 45.177 Claims against the workers' compensation benefits guaranty fund {#sec-8-aac-45.177 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.177}

(a) Upon receipt of a report of occupational injury or illness involving an injury to an employee employed by an employer who appeared to be uninsured at the time of the injury, the division shall immediately notify the division's special investigations section and the administrator of the workers' compensation benefits guaranty fund in the division's Juneau office.

(b) The division shall send a letter to the parties advising the parties that the employer may not have had workers' compensation insurance in effect at the time of the employee's injury. In the letter, the division shall also advise the parties of the rights and remedies available to the injured worker under the Act if the employer was not insured.

(c) A workers' compensation claim shall be filed against the fund within the same time and in the same manner as a claim filed against the employer in accordance with AS 23.30.105, AS 23.30.110, and 8 AAC 45.050. The division shall serve the claim upon the fund's administrator and advise the parties that copies of all future documents filed with the division are also to be served upon the fund's administrator.

(d) The fund is subject to the same claim procedures under the Act as all other parties.

(e) The fund may not be obligated to pay the injured worker's claim unless the

(1) employee and employer stipulate to the facts of the case, including that the employee's claim is compensable, which has the effect of an order under 8 AAC 45.050(f), or the board issues a determination and award of compensation; and

(2) the employer defaults upon the payment of compensation for a period of 30 days after the compensation is due.

(f) In case of default by the employer in the payment of compensation due under an award and payment of the awarded compensation by the fund, the board shall issue a supplementary order of default. The fund shall be subrogated to all the rights of the employee and may pursue collection of the defaulted payments under AS 23.30.170.

(g) In this section, "fund" means the worker's compensation benefits guaranty fund (AS 23.30.082(a)).

History

Authority: AS 23.30.005; AS 23.30.080; AS 23.30.082
Eff. 2/28/2010, Register 193

8 AAC 45.178 Appearances and withdrawals {#sec-8-aac-45.178 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.178}

(a) A person who seeks to represent a party in a matter pending before the board shall file a written notice of appearance with the board, and shall serve a copy of the notice upon all parties. The notice of appearance must include the representative's name, address, and phone number and must specify whether the representative is an attorney licensed to practice law within the State of Alaska. If the person who seeks to represent a party is not licensed to practice law within the State of Alaska, the notice of appearance must be accompanied by

(1) the employee's written authorization if the person represents the employee; or

(2) the employer's written authorization unless the person seeking to represent the employer is an employee of

(A) the employer's insurer; or

(B) the adjusting company handling the claim for the employer's insurer.

(b) A representative of a party may withdraw an appearance by filing with the board a written notice of withdrawal and by serving the notice upon all parties. The withdrawal becomes effective upon receipt by the board.

History

Authority: AS 23.30.005; AS 23.30.110
Eff. 5/28/83, Register 86; am 7/20/97, Register 143

8 AAC 45.180 Costs and attorney's fees {#sec-8-aac-45.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.180}

(a) This section does not apply to fees incurred in appellate proceedings.

(b) A fee under AS 23.30.145(a) will only be awarded to an attorney licensed to practice law in this or another state. An attorney seeking a fee from an employer for services performed on behalf of an applicant must apply to the board for approval of the fee; the attorney may submit an application for adjustment of claim or a petition. An attorney requesting a fee in excess of the statutory minimum in AS 23.30.145(a) must (1) file an affidavit itemizing the hours expended, as well as the extent and character of the work performed, and (2) if a hearing is scheduled, file the affidavit at least three working days before the hearing on the claim for which the services were rendered; at the hearing, the attorney may supplement the affidavit by testifying about the hours expended and the extent and character of the work performed after the affidavit was filed. If the request and affidavit are not in accordance with this subsection, the board will deny the request for a fee in excess of the statutory minimum fee, and will award the minimum statutory fee.

(c) Except as otherwise provided in this subsection, an attorney fee may not be collected from an applicant without board approval. A request for approval of a fee to be paid by an applicant must be supported by an affidavit showing the extent and character of the legal services performed. Board approval of an attorney fee is not required if the fee

(1) is to be paid directly to an attorney under the applicant's union-prepaid legal trust or applicant's insurance plan; or

(2) is a one-time-only charge to that particular applicant by the attorney, the attorney performed legal services without entering an appearance, and the fee does not exceed $300.

(d) The board will award a fee under AS 23.30.145(b) only to an attorney licensed to practice law under the laws of this or another state.

(1) A request for a fee under AS 23.30.145(b) must be verified by an affidavit itemizing the hours expended as well as the extent and character of the work performed, and, if a hearing is scheduled, must be filed at least three working days before the hearing on the claim for which the services were rendered; at hearing the attorney may supplement the affidavit by testifying about the hours expended and the extent and character of the work performed after the filing of the affidavit. Failure by the attorney to file the request and affidavit in accordance with this paragraph is considered a waiver of the attorney's right to recover a reasonable fee in excess of the statutory minimum fee under AS 23.30.145(a), if AS 23.30.145(a) is applicable to the claim, unless the board determines that good cause exists to excuse the failure to comply with this section.

(2) In awarding a reasonable fee under AS 23.30.145(b) the board will award a fee reasonably commensurate with the actual work performed and will consider the attorney's affidavit filed under (1) of this subsection, the nature, length, and complexity of the services performed, the benefits resulting to the compensation beneficiaries from the services, and the amount of benefits involved.

(e) Fee contracts are not enforceable unless approved by the board. The board will not approve attorney's fees in advance in excess of the statutory minimum under AS 23.30.145.

(f) The board will award an applicant the necessary and reasonable costs relating to the preparation and presentation of the issues upon which the applicant prevailed at the hearing on the claim. The applicant must file a statement listing each cost claimed, and must file an affidavit stating that the costs are correct and that the costs were incurred in connection with the claim. The following costs will, in the board's discretion, be awarded to an applicant:

(1) costs incurred in making a witness available for cross-examination;

(2) court reporter fees and costs of obtaining deposition transcripts;

(3) costs of obtaining medical reports;

(4) costs of taking the deposition of a medical expert, provided all parties to the deposition have the opportunity to obtain and review the medical records before scheduling the deposition;

(5) travel costs incurred by an employee in attending a deposition prompted by a Smallwood objection;

(6) costs for telephonic participation in a hearing;

(7) costs incurred in securing the services and testimony, if necessary, of vocational rehabilitation experts;

(8) costs incurred in obtaining the in-person testimony of physicians at a scheduled hearing;

(9) expert witness fees, if the board finds the expert's testimony to be relevant to the claim;

(10) long-distance telephone calls, if the board finds the call to be relevant to the claim;

(11) the costs of a licensed investigator, if the board finds the investigator's services to be relevant and necessary;

(12) reasonable costs incurred in serving subpoenas issued by the board, if the board finds the subpoenas to be necessary;

(13) reasonable travel costs incurred by an applicant to attend a hearing, if the board finds that the applicant's attendance is necessary;

(14) fees for the services of a paralegal or law clerk, but only if the paralegal or law clerk

(A) is employed by an attorney licensed in this or another state;

(B) performed the work under the supervision of a licensed attorney;

(D) files an affidavit itemizing the services performed and the time spent in performing each service; and

(E) does not duplicate work for which an attorney's fee was awarded;

(15) duplication fees at 10 cents per page, unless justification warranting awarding a higher fee is presented;

(16) government sales taxes on legal services;

(17) other costs as determined by the board.

(g) Costs incurred in attending depositions not necessitated by a Smallwood objection may be awarded only where the board finds that attendance at the deposition was reasonable.

(h) Board approval of an attorney fee is not required if the fee is paid by the employer to the employer's attorney.

History

Authority: AS 23.30.005(h)AS 23.30.115 AS 23.30.110; AS 23.30.145
Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 3/16/90, Register 113

8 AAC 45.182 Controversion {#sec-8-aac-45.182 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.182}

(a) To controvert a claim the employer shall file form 07-6105 in accordance with AS 23.30.155(a) and shall serve a copy of the notice of controversion upon all parties in accordance with 8 AAC 45.060. This notice must be filed in addition to the notice required under AS 23.30.155(c) and 8 AAC 45.136.

(b) If a claim is controverted on the grounds that another employer or insurer is liable, as well as on other grounds, the board will, upon request under AS 23.30.110 and 8 AAC 45.070, determine if the other grounds for controversion are supported by the law or by evidence in the controverting party's possession at the time the controversion was filed. If the law does not support the controversion or if evidence to support the controversion was not in the party's possession, the board will invalidate the controversion, and will award additional compensation under AS 23.30.155(e).

(c) If the most recent employer or insurer does not pay in accordance with AS 23.30.155(d), the board will, in its discretion, award additional compensation under AS 23.30.155(e) against the most recent employer even though the board has not determined which employer or insurer is liable. If additional compensation is awarded in accordance with this subsection, the additional compensation may not be reimbursed under AS 23.30.155(d) if the most recent employer ultimately prevails on the liability dispute.

(d) After hearing a party's claim alleging an insurer or self-insured employer frivolously or unfairly controverted compensation due, the board will file a decision and order determining whether an insurer or self-insured employer frivolously or unfairly controverted compensation due. Under this subsection,

(1) if the board determines an insurer frivolously or unfairly controverted compensation due, the board will provide a copy of the decision and order at the time of filing to the director for action under AS 23.30.155(o); or

(2) if the board determines a self-insured employer frivolously or unfairly controverted compensation due, the board will, at the time its decision and order are filed, provide a copy of the decision and order to the commissioner's designee for consideration in the self-insured employer's renewal application for self-insurance.

(e) For purposes of this section, the term "compensation due," and for purposes of AS 23.30.155(o), the term "compensation due under this chapter," are terms that mean the benefits sought by the employee, including but not limited to disability, medical, and reemployment benefits, and whether paid or unpaid at the time the controversion was filed.

History

Authority: AS 23.30.005; AS 23.30.155
Eff. 5/28/83, Register 100; am 3/16/90, Register 113; am 7/2/98, Register 146; am 7/9/2011, Register 199; am 5/12/2019, Register 230

8 AAC 45.184 Executive officer waivers {#sec-8-aac-45.184 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.184}

Repealed.

History

Authority: AS 23.30.005; AS 23.30.240
Eff. 5/28/83, Register 86; am 3/16/90, Register 113; am 7/20/97, Register 143; repealed 12/23/2021, Register 240

8 AAC 45.185 Corporate officers and members of limited liability companies {#sec-8-aac-45.185 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.185}

(a) For the purposes of AS 23.30.240, "owns" includes a person's ownership interest in a corporation or limited liability company as

(1) a beneficiary of a trust that owns a corporation or limited liability company;

(2) an owner of another corporation or limited liability company that owns a corporation or limited liability company.

(b) A person who is an executive officer of a corporation or a member of a limited liability company is not an employee under the Act if the person owns at least 10 percent of the corporation or limited liability company through the person's documented ownership interest in a revocable trust, corporation, or limited liability company.

History

Authority: AS 23.30.005; AS 23.30.240
Eff. 1/10/2021, Register 237; am 2/24/2022, Register 241

8 AAC 45.186 Second injury fund {#sec-8-aac-45.186 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.186}

(a) In order to satisfy the notice provisions of AS 23.30.205(e) an employer or carrier shall, no later than 100 weeks after receipt of knowledge of the injury or death, file form 07-6110 with the board and serve a copy of the form upon all interested parties in accordance with 8 AAC 45.060.

(b) Following the filing of a petition for reimbursement in accordance with this section, and upon receipt of a statement of readiness to proceed, the chairman will schedule a prehearing under 8 AAC 45.065 for the purpose of determining whether a hearing is necessary. If the chairman determines at the prehearing that there is no dispute of fact and that the only issues for the board to decide are issues of law, the chairman may direct the parties to prepare and sign a stipulation of facts and may direct the parties to submit the case to the board on written legal memoranda without oral hearing.

(c) For the purposes of AS 23.30.205, it is conclusively presumed that the conditions listed in AS 23.30.205(g)(1) constitute a hindrance to employment or an obstacle to obtaining employment or reemployment.

(d) Notice under AS 23.30.205(d) and (e) must be sent to the administrator of the second injury fund.

(e) In order to satisfy the 200-week rating requirement of AS 23.30.205(g)(2), a condition must qualify for an award of compensation under AS 23.30.190(a) that, if paid every two weeks at the employee's temporary total disability compensation rate computed under AS 23.30.185 and 23.30.220 instead of in a single lump sum, would be paid for 200 weeks or more. A disabling condition or impairment does not automatically satisfy AS 23.30.205(g)(2) merely because it is permanent in quality.

(f) The administrator of the second injury fund may not approve lump-sum reimbursements from the second injury fund under AS 23.30.205.

History

Authority: AS 23.30.005; AS 23.30.205
Eff. 5/28/83, Register 86; am 7/20/97, Register 143; am 7/2/98, Register 146; am 4/1/2017, Register 221

8 AAC 45.188 Third party claim {#sec-8-aac-45.188 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.188}

Notice required under AS 23.30.015(j) of the commencement of an action shall be in writing, filed with the board, and served upon all parties to the injured or deceased employee's compensation case. The notice must include the complete title and case number of the action.

History

Authority: AS 23.30.005; AS 23.30.015
Eff. 7/20/97, Register 143

8 AAC 45.190 Guardianship {#sec-8-aac-45.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.190}

(a) In death cases where there are minor or mentally incompetent beneficiaries and the amount of compensation to be paid in a lump sum to the beneficiary does not exceed $10,000, the director may order compensation to be paid in a lump sum on behalf of the beneficiary directly to the natural guardian of the beneficiary if the board finds that payment of compensation to the natural guardian is in the best interest of the beneficiary.

(b) In each case where there is a minor or mentally incompetent beneficiary and the amount to be paid in a lump sum to the beneficiary exceeds or potentially exceeds $10,000, the director will require the appointment of a guardian or conservator to represent the interests of the beneficiary and to receive payments in trust for the beneficiary.

(c) The employer shall pay compensation under (b) of this section into an interest-bearing account at a federally insured commercial bank or lending institution until the conservator or guardian is appointed.

(d) In this section "director" means the director of the division of workers' compensation in the department.

History

Authority: AS 23.30.005; AS 23.30.140
Eff. 5/28/83, Register 86; am 12/13/2009, Register 192

8 AAC 45.195 Waiver of procedures {#sec-8-aac-45.195 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.195}

A procedural requirement in this chapter may be waived or modified by order of the board if manifest injustice to a party would result from a strict application of the regulation. However, a waiver may not be employed merely to excuse a party from failing to comply with the requirements of law or to permit a party to disregard the requirements of law.

History

Authority: AS 23.30.005
Eff. 5/28/83, Register 86

8 AAC 45.210 Weekly compensation rate {#sec-8-aac-45.210 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.210}

(a) The weekly rate of compensation is based on a seven-day week. When computing compensation for a number of days not equally divisible by seven, the result will be carried to three decimals.

(b) Until an employee provides the information requested on the green copy of form 07-6101 and submits it in accordance with the form's instructions, compensation is due based on the assumption that the employee is legally entitled to claim the marital status of "single" and himself or herself as a dependent.

(c) For the purpose of determining the weekly compensation rate under AS 23.30.175, 23.30.220, and 23.30.395(23), the number of dependents is determined as of the date of injury, and does not change, even if the employee's number of actual dependents does change.

(d) An employer may reduce the employee's weekly compensation rate to a rate equal to the employee's spendable weekly wages and to a rate less than $154 for an injury that occurred before July 1, 2000, or to a rate less than 22 percent of the maximum compensation rate under AS 23.30.175(a) for an injury that occurred on or after July 1, 2000, without a board order if

(1) AS 23.30.220(a)(1) is the appropriate method to use in determining the employee's gross weekly earnings;

(2) the employee does not submit any wage documents, or the employee submits wage documents that entitle the employee to less than $154 for an injury that occurred before July 1, 2000, or to a rate less than 22 percent of the maximum compensation rate under AS 23.30.175(a) for an injury that occurred on or after July 1, 2000;

(3) the employer obtains copies of the employee's wage documents or other written proof of the employee's wages for the two years before the year of the employee's injury, and submits copies of the written proof with the compensation report filed under AS 23.30.155(c); and

(4) the employer files an affidavit stating that the written proof submitted under (3) of this subsection represents all of the employee's wages that could be obtained after reasonable inquiry and with due diligence, and that the employee has not been absent from the labor market for 18 or more months in the past two years.

(e) For purposes of AS 23.30.175(a) for injuries on or after September 4, 1995, an employee has furnished documentary proof of the employee's wages if

(1) the employee gives the employer a written earnings statement, prepared by an employer, or a copy of a tax return filed with the Internal Revenue Service showing the employee's earnings for the proper time period for purposes of making the calculations under the appropriate paragraph of AS 23.30.220(a); or

(2) at the time of the injury the employee was not working under concurrent contracts with two or more employers, the employee was employed by the employer for

(A) 13 calendar weeks immediately preceding the injury, and the gross weekly earnings are calculated under AS 23.30.220(a)(1), (2) or (3); or

(B) 52 calendar weeks immediately preceding the injury, and the gross weekly earnings are computed under AS 23.30.220(a)(4)(A).

(f) After an employee furnishes documentary proof of the employee's wages in accordance with (e) of this section, the employer may reduce the employee's weekly compensation rate without a board order to a rate equal to the employee's spendable weekly wages, but not less than $110 a week, if the employer files a compensation report in accordance with AS 23.30.155(c) together with

(1) copies of the employee's wage documents or other written proof of the employee's wages that entitle the employee to less than $154 for an injury that occurred before July 1, 2000, or to a rate less than 22 percent of the maximum compensation rate under AS 23.30.175(a) for an injury that occurred on or after July 1, 2000, under AS 23.30.220(a); and

(2) an affidavit stating

(A) the submitted written proof represents all of the employee's wages that could be obtained after reasonable inquiry and with due diligence; and

(B) the employee's work history justifies placing the employee in the paragraph of AS 23.30.220(a) that was used to compute the employee's gross weekly earnings.

History

Authority: AS 23.30.005; AS 23.30.175 AS 23.30.155; AS 23.30.220
Eff. 12/14/86, Register 100; am 3/16/90, Register 113; am 7/2/98, Register 146; am 2/3/2001, Register 157; am 12/23/2021, Register 240

8 AAC 45.220 Gross weekly earnings {#sec-8-aac-45.220 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.220}

(a) After calculating the gross weekly earnings less the payroll tax deductions under AS 23.30.220, the result will be rounded to the nearest dollar.

(b) The calculation of an employee's gross weekly earnings set out in (c) of this section applies to each of the following periodic payments:

(1) "weekly amount" under AS 23.30.220(a)(1);

(2) "monthly earnings" under AS 23.30.220(a)(2);

(3) "yearly earnings" under AS 23.30.220(a)(3);

(4) "earnings" under AS 23.30.220(a)(4)(A);

(5) "amount that the employee would have earned" under AS 23.30.220(a)(4)(B);

(6) "usual wage" under AS 23.30.220(a)(5);

(7) "total wages" under AS 23.30.220(a)(6); or

(8) "earnings" under AS 23.30.220(a)(7).

(c) In calculating an employee's gross weekly earnings, each of the terms set out in (b) of this section means periodic payments made by an employer to an employee for employment before any authorized or lawfully required deduction or withholding of money by the employer; for purposes of this subsection,

(1) compensation that is deferred at the option of the employee is a periodic payment;

(2) the value of room and board is a periodic payment if taxable to the employee, but the value of room and board that would raise an employee's gross weekly earnings above the state's average weekly wage at the time of injury may not be considered a periodic payment;

(3) the terms set out in (b) of this section do not include as periodic payments:

(A) irregular bonuses, reimbursement of expenses, and expense allowances;

(B) a benefit or payment to the employee that is not fully taxable to the employee during the pay period, except that the amount an employer contributed to provide health or life insurance coverage for the employee or employee's beneficiaries must be included as a periodic payment.

(d) For purposes of calculating the gross weekly earnings under AS 23.30.220 and (c) of this section for an injury that occurred before July 1, 2000,

(1) "overtime" pay means only the rate of pay for hours worked in excess of 40 hours per week and eight hours a day if that rate of pay is different than the regular rate of pay for the hours the employee worked that were not in excess of 40 hours a week or eight hours a day; the hours worked in excess of 40 hours in a week or eight hours a day are included in the gross weekly earnings, but at the regular rate of pay; and

(2) "premium" pay means only the hourly rate of pay for working a holiday, a graveyard shift, or other shift differential, if that rate of pay is different than the regular rate of pay for the employee's usual work week.

EXAMPLE

An employee works 48 hours in a week and does not receive contributions that would be added under this section. The employee's regular rate of pay for the first 40 hours is $10 an hour or $400 ($10 x 40 = $400); the rate of pay for the excess 8 hours is $15 an hour or $120 ($15 x 8 = $120). The actual weekly total earnings are $520 ($400 + $120). For purposes of computing the gross weekly earnings, the employee's weekly earnings would be $480 (48 hours times $10 an hour).
An employee is paid $8 per hour and there are no contributions that would be added under this section. The employee never worked more than 8 hours per day or 40 hours per week. The earnings period used to compute the gross weekly earnings included New Year's Day. Because the employee worked New Year's Day, a holiday, the employee was paid "premium pay" of an additional $2 per hour, or $10 per hour. In computing the gross weekly earnings, the weekly earnings for that week are $320 (40 hours at $8 per hour), and not the actual weekly earnings of $336 (32 hours at $8 per hour and 8 hours at $10 per hour).

History

Authority: AS 23.30.005; AS 23.30.220
Eff. 12/14/86, Register 100; am 7/2/98, Register 146; am 2/3/2001, Register 157

(a) An employer may reduce an employee's or beneficiary's weekly compensation under AS 23.30.225(a) by

(1) getting a copy of the Social Security Administration's award letter showing the

(A) employee or beneficiary is being paid retirement or survivor's benefits;

(B) amount, month, and year of the initial entitlement; and

(2) computing the reduction using the employee's or beneficiary's initial Social Security entitlement, and excluding any cost-of-living adjustments; and

(3) completing, filing with the board, and serving upon the employee or beneficiary a Compensation Report form showing the reduction and how it was computed, together with a copy of the Social Security Administration's award letter.

(b) An employer may reduce an employee's weekly compensation under AS 23.30.225(b) by

(1) getting a copy of the Social Security Administration's award showing the

(A) employee is being paid disability benefits;

(B) disability for which the benefits are paid;

(D) amount, month, and year of each dependent's initial entitlement;

(2) computing the reduction using the employee or beneficiary's initial entitlement, excluding any cost-of-living adjustments;

(3) completing, filing with the board, and serving upon the employee a petition requesting a board determination that the Social Security Administration is paying benefits as a result of the on-the-job injury; the petition must show how the reduction will be computed and be filed together with a copy of the Social Security Administration's award letter;

(4) filing an affidavit of readiness for hearing in accordance with 8 AAC 45.070(b); and

(5) after a hearing and an order by the board granting the reduction, completing a Compensation Report form showing the reduction, filing a copy with the board, and serving it upon the employee.

(1) getting documentation of the pension or profit sharing payments;

(2) computing the reduction in accordance with AS 23.30.225(c); and

(3) completing a Compensation Report form showing how the reduction was computed, filing a copy with the board, and serving it upon the employee or beneficiary; the Compensation Report form must be filed together with a copy of the pension or profit sharing payment documents and wage documents showing that the employer's contributions to a qualified pension or profit sharing plan were included in the gross weekly earnings determination.

(d) An employee or beneficiary who is receiving weekly compensation benefits shall

(1) send the employer a copy of the award letter from the Social Security Administration or a copy of the first payment documents from a pension or profit sharing plan; and

(2) upon the employer's request, sign a release for the employer to get information from the Social Security Administration or the pension or profit sharing plan.

History

Authority: AS 23.30.005; AS 23.30.225
Eff. 7/2/98, Register 146

8 AAC 45.399 Reemployment benefits administrator's service of documents {#sec-8-aac-45.399 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.399}

Unless a party requests service by first class mail, the reemployment benefits administrator shall perform service required under 8 AAC 45.400 - 8 AAC 45.900 by electronic mail. If a party does not have a valid electronic mail address, the reemployment benefits administrator shall perform service required under 8 AAC 45.400 - 8 AAC 45.900 by first class mail.

History

Authority: AS 23.30.005; AS 23.30.107
Eff. 3/23/2025, Register 253

8 AAC 45.400 List of rehabilitation specialists {#sec-8-aac-45.400 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.400}

(a) This section applies to the rehabilitation specialists' list to be maintained by the administrator for injuries that occur on or after July 1, 1988. The list for a specific geographic area is available upon request from the division.

(b) The list of rehabilitation specialists will be divided into two geographical sections. One section will contain the names and addresses of rehabilitation specialists whose primary domicile and business addresses are in this state. The other section will contain names and addresses of rehabilitation specialists whose primary domicile and business addresses are in other states or countries. The list for other states or countries will be subdivided by state or country. A rehabilitation specialist's name will placed on the list by matching the rehabilitation specialist's primary domicile and business addresses to the appropriate state or country.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/1/88, Register 107; am 7/20/97, Register 143; am 4/16/2010, Register 194; am 3/23/2025, Register 253

8 AAC 45.410 Eligibility of rehabilitation specialist {#sec-8-aac-45.410 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.410}

(a) To be included on the administrator's rehabilitation specialists' list under 8 AAC 45.400, a person must be a

(1) certified insurance rehabilitation specialist as defined in 8 AAC 45.415(1);

(2) certified rehabilitation counselor as defined in 8 AAC 45.415(2); or

(3) person who has equivalent or better qualifications as defined in 8 AAC 45.415(3).

(b) Repealed 7/20/97.

(c) A person who wishes to be added to the administrator's rehabilitation specialists' list under this section must file an application that meets the requirements of 8 AAC 45.420.

(d) A person who is added to the rehabilitation specialist list after July 1, 2023 shall be placed on probationary rotation as set out in 8 AAC 45.420(d). During probationary rotation, the rehabilitation specialist shall undergo training with the administrator and the administrator's staff on the requirements of AS 23.30.041 and other related statutes and regulations. At any time during the probationary rotation, the administrator may decline to permanently add the rehabilitation specialist to the rehabilitation specialist list, for reasons set out under 8 AAC 45.440(a). The administrator may release a rehabilitation specialist from probationary rotation if, after considering the totality of the circumstances and the factors set out under 8 AAC 45.420(d), the administrator determines that the rehabilitation specialist understands and can comply with AS 23.30 and this chapter.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/1/88, Register 107; am 10/28/88, Register 108; am 7/20/97, Register 143; am 7/2/98, Register 146; am 11/29/2023, Register 248

8 AAC 45.415 Definition of rehabilitation specialist {#sec-8-aac-45.415 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.415}

For purposes of AS 23.30.041(r)(6), 8 AAC 45.400, and 8 AAC 45.410

(1) a "certified insurance rehabilitation specialist" means a person currently certified by the Certification of Insurance Rehabilitation Specialists Commission; the address of this commission is available upon request from the administrator;

(2) a "certified rehabilitation counselor" means a person currently certified by the Commission on Rehabilitation Counselor Certification; the address of this commission is available upon request from the administrator;

(3) a "person who has equivalent or better qualifications" means

(A) a person in another state or country who has at least a bachelor's degree from an accredited college and a minimum of four years of full-time, paid employment providing vocational rehabilitation services to disabled persons; or

(B) a person currently certified by the Disability Management Specialists Commission as a "certified disability management specialist"; the address of this commission is available upon request from the administrator.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/1/88, Register 107; am 10/28/88, Register 108; am 7/2/98, Register 146; am 4/16/2010, Register 194; am 12/21/2019, Register 232

8 AAC 45.420 Rehabilitation specialist application {#sec-8-aac-45.420 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.420}

(a) To be added to the administrator's rehabilitation specialists' list under 8 AAC 45.400, a person who qualifies under 8 AAC 45.410(a) must file a completed application that includes

(1) a signed and notarized statement that

(A) lists the person's legal name, primary domicile address, and telephone number;

(B) lists the business address and telephone number where the person will be receiving evaluation and plan referrals; and

(C) includes an attestation that the rehabilitation specialist will personally provide the reemployment services to each assigned employee in accordance with AS 23.30.041 and 23.30.043;

(2) repealed 3/23/2025;

(3) proof

(A) of a current certification as a certified insurance rehabilitation specialist, as defined in 8 AAC 45.415(1);

(B) of a current certification as a certified rehabilitation counselor as defined in 8 AAC 45.415(2);

(D) that the person meets the requirements of 8 AAC 45.415(3)(A);

(4) a certificate of workers' compensation insurance if the person has employees; the certificate of insurance must provide for 30 days' prior notice to the board of cancellation, nonrenewal, or material change of the policy; and

(5) a resume stating the

(A) person's education, training, and work experience; and

(B) names and addresses of the professional organizations that have certified the person or in which the person is an active member.

(b) The administrator shall add a name to the geographical listing in order of the receipt date of the completed application. If more than one completed application is received in a day, the administrator shall place the names for that day on the list in alphabetical order. If a person's name is not added to the list, the administrator shall notify the person and state in writing the reason for exclusion. Reasons for exclusion include an incomplete or illegible application or accompanying documents, misrepresentation, not meeting the requirements of AS 23.30.041(r)(6), or the bases for disqualification under 8 AAC 45.440.

(c) When the rehabilitation specialist's primary domicile or business addresses are no longer in the same geographic area where the rehabilitation specialist was receiving referrals, the rehabilitation specialist must notify the administrator within 14 days, so that the rehabilitation specialist's name can be removed from the geographic list.

(d) The administrator shall give a rehabilitation specialist on probationary rotation not more than two cases at a time for a six-month period. The administrator may increase the number of referrals if, after considering the totality of the circumstances, the administrator determines that an increase in referrals is warranted. In determining whether to increase the number of referrals given to a rehabilitation specialist on probationary rotation, the administrator shall consider

(1) the specific facts of the individual case;

(2) whether during the applicable period the rehabilitation specialist has demonstrated unsuitable behavior within the meaning given in 8 AAC 45.440;

(3) the rehabilitation specialist's prior experience in other jurisdictions;

(4) the quality of the rehabilitation specialist's work product;

(5) any complaints or positive feedback from employees, employers, insurers, adjusters, attorneys, division staff, or other relevant stakeholders regarding the rehabilitation specialist's performance; and

(6) any other relevant considerations specific to the rehabilitation specialist or the performance of the rehabilitation specialist's duties under AS 23.30 and this chapter.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/1/88, Register 107; am 7/20/97, Register 143; am 7/2/98, Register 146; am 4/16/2010, Register 194; am 11/29/2023, Register 248; am 3/23/2025, Register 253

8 AAC 45.430 Assignment of rehabilitation specialists {#sec-8-aac-45.430 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.430}

For an injury occurring on or after July 1, 1988, and if required under AS 23.30.041, the administrator shall assign a rehabilitation specialist as follows:

(1) if the employee lives in this state, the administrator shall assign the first rehabilitation specialist on the list of rehabilitation specialists in this state; if there is no rehabilitation specialist on the list of rehabilitation specialists in this state, or if refusals under AS 23.30.041(g) eliminate all the rehabilitation specialists on the list of rehabilitation specialists in this state, the administrator shall assign a specialist from the list of rehabilitation specialists in other states or countries;

(2) if the employee lives in another state or country, the administrator shall assign the first rehabilitation specialist on the list of rehabilitation specialists in other states or countries from the state or country where the employee lives; if a rehabilitation specialist is not available in the state or country where the employee lives, the administrator may assign any rehabilitation specialist;

(3) for an injury occurring on or after January 1, 2025, and if required under AS 23.30.043(b), the rehabilitation specialist must be selected from the list maintained under AS 23.30.041(b)(6);

(4) except as otherwise provided in this section, once a rehabilitation specialist receives an assignment that results in rehabilitation fees, the administrator may not make another assignment to that rehabilitation specialist until assignments have been made to all other rehabilitation specialists listed from the same state;

(5) a reassignment of an employee to a rehabilitation specialist under 8 AAC 45.530 or 8 AAC 45.540 may not be made to a rehabilitation specialist in the same or an affiliated firm.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.043
Eff. 7/1/88, Register 107; am 7/20/97, Register 143; am 3/13/2004, Register 169; am 4/16/2010, Register 194; am 3/23/2025, Register 253

8 AAC 45.435 Review of rehabilitation specialists {#sec-8-aac-45.435 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.435}

(a) An administrator shall review a rehabilitation specialist's work at least once each calendar year.

(b) If the administrator determines that the work completed by a rehabilitation specialist during the review period does not meet the standards of 8 AAC 45.440(a)(1) or (2)(A) or (B), the administrator shall identify the deficiencies in the rehabilitation specialist's work in writing to the rehabilitation specialist. The administrator shall schedule a meeting to discuss the concerns in the letter with the rehabilitation specialist.

(1) put the rehabilitation specialist on a probationary rotation as set out under 8 AAC 45.420(d);

(2) put the rehabilitation specialist on a plan of correction as set out under 8 AAC 45.440(b); or

(3) take no further action.

(d) If a rehabilitation specialist is placed on probationary rotation under (b) of this section and the rehabilitation specialist's work does not improve after two cases or 90 days, whichever comes first, the administrator shall propose disqualification under 8 AAC 45.440.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 11/29/2023, Register 248

8 AAC 45.440 Removal of rehabilitation specialists {#sec-8-aac-45.440 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.440}

(a) The administrator may disqualify a rehabilitation specialist from providing services under AS 23.30.041 and 23.30.043 if the rehabilitation specialist

(1) demonstrates unsuitable behavior;

(2) fails to

(A) timely file two or more eligibility evaluations, eligibility evaluation reports, or plan reports during a three-month period;

(B) provide rehabilitation services;

(D) maintain workers' compensation insurance if the rehabilitation specialist has employees;

(3) engages in unethical conduct as defined by the ethics committee of an appropriate professional rehabilitation organization;

(4) knowingly falsifies information provided in connection with the rehabilitation specialist's application;

(5) is subject to disciplinary action or decertification by an appropriate certifying agency or professional organization;

(6) commits fraudulent billing or reporting;

(7) is convicted in a state or federal court of any offense involving moral turpitude; or

(8) is declared mentally incompetent by a court of competent jurisdiction.

(b) If the administrator is considering disqualifying a rehabilitation specialist under (a)(l) or (2)(A) - (C) of this section, the administrator may meet with the rehabilitation specialist and develop a plan of corrective action.

(c) If the administrator believes that a rehabilitation specialist has engaged in unethical practices or activity, the administrator may refer the issue to the ethics committee of an appropriate professional rehabilitation organization for recommendations after sending written notification to the rehabilitation specialist.

(d) Before disqualifying a rehabilitation specialist under this section, the administrator shall give the rehabilitation specialist written notice of the proposed disqualification. A notification under this subsection must be served by personal service, certified mail, or return receipt electronic mail. A rehabilitation specialist who has been notified of a proposed disqualification may file a written request with the administrator to meet and to discuss the proposed disqualification not more than 14 days after the specialist receives the notice. The requested meeting must be set not later than 30 days after the administrator receives the written request unless otherwise agreed to by both the administrator and the rehabilitation specialist.

(e) The administrator shall issue a written decision not later than 30 days after a meeting requested under (d) of this section. If no meeting is requested, the administrator shall issue a written decision not later than 30 days after the written notice of proposed disqualification was served under (d) of this section.

(f) The administrator's written decision under (e) of this section must

(1) require the rehabilitation specialist to change unsuitable behavior or upgrade skills by putting the rehabilitation specialist on a probationary rotation as described in 8 AAC 45.420(d);

(2) disqualify the rehabilitation specialist for at least one year for the first disqualification and at least five years for the second disqualification for acts arising under (a)(1), (2)(A) - (C), (3), or (8) of this section; the decision must explain the reasons for the action and the conditions under which the rehabilitation specialist may reapply, if any;

(3) permanently remove the rehabilitation specialist from the list for acts arising under (a)(2)(D) or (4) - (7) of this section;

(4) state that no grounds for disqualification or disciplinary action were found; or

(5) for acts under (a)(8) of this section, disqualify the rehabilitation specialist until a court of competent jurisdiction determines the rehabilitation specialist to be competent.

(g) The administrator's decision must be served upon the rehabilitation specialist or the rehabilitation specialist's representative. A decision under this subsection must be served either personally, by certified mail, or electronic mail if the rehabilitation specialist or the rehabilitation specialist's representative has explicitly requested electronic mail service on a form prescribed by the administrator. A copy must be sent to the employee or employer who requested that the administrator consider disqualifying or removing the rehabilitation specialist, if any. A disqualification or removal decision is effective 10 days after the date of the decision. If a written request for board review is filed with the board and is served in accordance with (h) of this section not more than 10 days after service of the administrator's decision, the disqualified or removed rehabilitation specialist will keep any assigned cases but not be assigned new cases.

(h) A disqualified rehabilitation specialist, an employee, or an employer, may request board review of the administrator's decision. If the

(1) disqualified rehabilitation specialist requests review, the rehabilitation specialist must serve a copy of the review request on any other person the administrator served with a copy of the decision; or

(2) employee or employer requests board review, the employee or employer must serve a copy of the review request on the disqualified rehabilitation specialist.

(i) Upon a request under (h) of this section, the board will schedule and hold a hearing in accordance with AS 23.30.110 and 8 AAC 45.070. The board's decision is final upon filing in accordance with AS 23.30.110.

(j) In this section, "unsuitable behavior" includes

(1) failure to promptly and professionally respond to the administrator or the administrator's staff;

(2) refusal to engage with the administrator or the administrator's staff;

(3) failure to file complete and accurate reports required under AS 23.30 or this chapter;

(4) repeated failure to adhere to the administrator's directives with respect to the rehabilitation specialist's performance under AS 23.30 or this chapter; or

(5) a pattern of abusive behavior toward injured workers, employers, medical professionals, attorneys, the administrator, department personnel, or other persons involved in the reemployment process.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.043
Eff. 7/1/88, Register 107; am 10/28/88, Register 108; am 4/16/2010, Register 194; am 11/29/2023, Register 248; am 3/23/2025, Register 253

8 AAC 45.445 Activities to be performed only by the certified rehabilitation specialist {#sec-8-aac-45.445 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.445}

For purposes of AS 23.30.041(m), only the certified rehabilitation specialist assigned to a case may perform the following activities:

(1) acting as the primary contact for the employee and for the employer or insurer;

(2) conducting the interviews with the employee and employer;

(3) selecting appropriate job titles in accordance with 8 AAC 45.525(a)(2);

(4) determining whether specific vocational preparation has been met and which job titles are submitted to a physician;

(5) meeting with the physician;

(6) evaluating physician responses;

(7) evaluating an employer's offer of alternate employment;

(8) evaluating previous rehabilitation and dislocation benefits in prior claims;

(9) making a recommendation regarding the employee's eligibility;

(10) selecting the occupational goal, method of training, and specific training provider for a reemployment benefits plan;

(11) providing vocational guidance and counseling;

(12) reviewing and signing all reports and accompanying forms.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 4/16/2010, Register 194

8 AAC 45.490 Gross hourly wages {#sec-8-aac-45.490 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.490}

For purposes of AS 23.30.041, "gross hourly wages at the time of injury" is determined as follows:

(1) For an injury that occurred before July 1, 2000, if the employee was paid on an hourly basis at the time of injury, gross hourly wages are the actual hourly wage at the time of injury, exclusive of premium time or overtime.

(2) For an injury that occurred on or after July 1, 2000, if the employee was paid on an hourly basis at the time of injury, gross hourly wages are the actual hourly wage at the time of injury including premium time and overtime.

(3) If the employee was paid on a weekly or monthly salary basis at the time of injury

(A) the weekly salary must be multiplied by 52 and divided by 2080 to compute gross hourly wages; or

(B) the monthly salary must be multiplied by 12 and divided by 2080 to compute gross hourly wages.

(4) If at the time of injury the employee received bonuses, commissions, gratuities, or room and board during the course of employment, gross hourly wages are computed by dividing the gross weekly earnings, as determined under AS 23.30.220, by 40.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/1/88, Register 107; am 2/3/2001, Register 157

8 AAC 45.500 Reporting requirements {#sec-8-aac-45.500 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.500}

(a) Regardless of the employee's date of injury, the rehabilitation specialist whose name appears on the referral letter must prepare and file with the administrator all evaluations, reports, and plans for an employee receiving rehabilitation assistance under the Act and this chapter. If the administrator has prescribed a report form for an evaluation or plan, the rehabilitation specialist must file with the administrator the completed form together with the evaluation or plan. The rehabilitation specialist shall personally sign the original forms and reports. The rehabilitation specialist must serve copies of all evaluations, reports, and plans upon the employer and the employee.

(b) An itemized billing statement must reflect, for each activity, the date of service, the activity performed, the name of the individual who performed the activity, and the fee charged for the activity. The original billing statement shall be submitted to the employer for payment and copied to the employee and the administrator. Billing statements not in compliance with this subsection will not be processed for payment.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/20/97, Register 143; am 4/16/2010, Register 194; am 11/29/2023, Register 248

8 AAC 45.505 Stipulation to eligibility for reemployment benefits {#sec-8-aac-45.505 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.505}

(a) For compensable injuries occurring on or after November 7, 2005, an employee and an employer may stipulate to the employee's eligibility for reemployment benefits. The stipulation must be in writing, and completed on a form prescribed by the administrator.

(b) No more than five working days after the administrator receives the completed stipulation form, the administrator shall send a notice to the employee and the employer that includes the information required under 8 AAC 45.530(c)(1) - (3).

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 4/16/2010, Register 194

8 AAC 45.507 Notice of employee rights to stay-at-work or reemployment benefits {#sec-8-aac-45.507 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.507}

(a) For compensable injuries occurring on or after January 1, 2025, if the employee has been totally unable to return to the employee's employment at the time of injury for 25 consecutive days, the employer shall notify the administrator in writing on the 26th day. Not more than 14 days after receiving the 25-day notice under this subsection, the administrator shall notify the employee of the employee's rights to stay-at-work or reemployment benefits.

(b) If the employee has been totally unable to return to the employee's employment at the time of injury for 120 consecutive days as a result of the injury, the employer shall notify the administrator, in writing, on the 121st day.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.043
Eff. 4/16/2010, Register 194; am 3/23/2025, Register 253

8 AAC 45.510 Request for reemployment benefits eligibility evaluation {#sec-8-aac-45.510 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.510}

(a) For injuries occurring on or after January 1, 2025, if the employee has been totally unable to return to the employee's employment at time of injury for at least 90 consecutive days, but less than 120 consecutive days as a result of the injury, the employee or employer may request an eligibility evaluation for reemployment benefits. The requesting party must file with the administrator and serve all other parties with

(1) a written request for the evaluation;

(2) a physician's prediction the injury may permanently preclude the employee from returning to the employee's job at the time of the injury; and

(3) documentation the employee has been totally unable to return to the employee's employment at the time of the injury for at least 90 consecutive days, but less than 120 consecutive days as a result of the injury.

(b) The administrator shall consider a written request for an eligibility evaluation for reemployment benefits, unless the employer controverts on grounds the employee's injury did not arise out of and in the course of employment, on grounds the employee's total inability to return to the employee's employment at the time of injury is not a result of the injury, or on grounds identified under AS 23.30.022, 23.30.100, 23.30.105, or 23.30.250. If reemployment benefits have been controverted on any of these grounds, the administrator shall forward the matter to the board to conduct a prehearing conference regarding the controversion not later than 30 days after the board receives the matter. If a claim is filed and if requested by the employee, the board will conduct a hearing no later than 90 days after the prehearing conference in accordance with 8 AAC 45.060(e) and 8 AAC 45.070(b)(8), limited to the grounds set out in this subsection.

(1) request additional medical documentation from the employee and. the employer regarding the employee's total inability to return to the employee's employment at the time of the injury for at least 90 consecutive days as a result of the injury; the administrator shall request the additional medical documentation not later than five working days after the administrator receives the incomplete request for an eligibility evaluation;

(2) the employer and employee shall submit additional medical documentation not later than 10 working days after the administrator's request; and

(3) after the prescribed period for submitting additional medical documentation expires, the administrator shall rely on the division's record, including documents submitted by the parties, to determine the employee's total inability to return to the employee's employment at the time of the injury for at least 90 consecutive days.

(d) No later than 14 days after receiving a complete request under (a) of this section, the administrator shall send a letter to the employee and the employer stating whether the employee is entitled to an eligibility evaluation. If the employee is found entitled to an eligibility evaluation, the administrator shall include in the letter the name and address of the rehabilitation specialist selected in accordance with AS 23.30.041(c) to evaluate the employee.

(e) If the rehabilitation specialist selected to complete an eligibility evaluation is performing any other work on the same workers' compensation claim involving the injured employee, or if the person that employs a selected rehabilitation specialist is performing any other work on the same workers' compensation claim involving the injured employee, the rehabilitation specialist shall notify, in writing, the administrator and the parties no later than five working days after receiving the referral letter. The administrator shall select a different rehabilitation specialist in accordance with AS 23.30.041(c) to evaluate the employee.

(f) No later than 10 working days after receipt of the administrator's letter selecting a rehabilitation specialist, the employer at the time of injury or the employer's adjuster shall forward a copy of the employee's resume and job application, and a job description or summary of the employee's job duties, if available, to the rehabilitation specialist, the employee, and the administrator. The employer or employer's adjuster shall also forward a copy of the report of injury and all medical reports, compensation reports, and controversions to the rehabilitation specialist, the employee, and the administrator.

(g) If a party disputes the administrator's decision rendered under this section, the party must petition the board, no later than 10 days after the filing of that decision for review of the administrator's decision.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.043
Eff. 7/2/98, Register 146; am 7/9/2011, Register 199; am 3/23/2025, Register 253

8 AAC 45.520 Determination of unusual and extenuating circumstances {#sec-8-aac-45.520 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.520}

Repealed.

History

Eff. 7/2/98, Register 146; repealed 7/9/2011, Register 199

8 AAC 45.522 Ordering an eligibility evaluation without a request {#sec-8-aac-45.522 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.522}

(a) For injuries occurring on or after January 1, 2025, if an employee has been totally unable to return to the employee's employment as a result of the injury for 120 consecutive days, the administrator shall

(1) refer the employee for an eligibility evaluation;

(2) forward the matter to the board to conduct a prehearing conference and hold a hearing in accordance with 8 AAC 45.510(b) if the employer controverts on grounds identified under 8 AAC 45.510(b).

(b) If a controversion notice has not been filed under (a) of this section, the administrator shall, no later than five working days after notice received under 8 AAC 45.507(b), send a letter to the parties identifying the name and address of the rehabilitation specialist selected in accordance with AS 23.30.041(c) to evaluate the employee.

(c) If the rehabilitation specialist assigned to complete an eligibility evaluation is performing any other work on the same workers' compensation claim involving the injured employee, or if the person that employs an assigned rehabilitation specialist is performing any other work on the same workers' compensation claim involving the injured employee, the rehabilitation specialist shall notify, in writing, the administrator and the parties no later than five working days after receiving the referral letter. The administrator shall select a different rehabilitation specialist in accordance with AS 23.30.041(c) to evaluate the employee.

(d) No later than 10 working days after receipt of the administrator's letter selecting a rehabilitation specialist, the employer at the time of injury or the employer's adjuster shall forward a copy of the employee's resume and job application, and a job description or summary of the employee's job duties, if available, to the rehabilitation specialist, the employee, and the administrator. The employer or employer's adjuster shall also forward a copy of the report of injury and all medical reports, compensation reports, and controversions to the rehabilitation specialist, the employee, and the administrator.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.043
Eff. 7/9/2011, Register 199; am 3/23/2025, Register 253

8 AAC 45.525 Reemployment benefit eligibility evaluations {#sec-8-aac-45.525 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.525}

(a) If an employee is found eligible for an eligibility evaluation for reemployment benefits under AS 23.30.041(c), the rehabilitation specialist whose name appears on the referral letter shall

(1) interview the employee and the employer and review all written job descriptions existing at the time of injury that describe the employee's job at the time of injury;

(2) review the appropriate volume or database listed in (A), (B), or (C) of this paragraph and select the most appropriate job title or titles that describe the employee's job; if the employee's injury occurred

(A) on or after July 2, 1998 but before August 30, 1998, the rehabilitation specialist shall use the United States Department of Labor's Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles (1981) (SCODDOT);

(B) on or after August 30, 1998, but before January 1. 2025, the rehabilitation specialist shall use the 1993 edition of the United States Department of Labor's Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles (SCODRDOT) unless the board has designated a later revision or version of that volume under AS 23.30.041(p), as that subsection existed on December 31, 2024; or

(3) submit all job titles selected under (2) of this subsection with simultaneous copies to the employee's physician, the employee, the employer, and the administrator.

(b) When interviewing the employee the rehabilitation specialist whose name appears on the referral letter shall obtain descriptions of the tasks and duties for other jobs the employee held or for which the employee received training within 10 years before the injury, and any jobs held after the injury. The rehabilitation specialist shall

(1) exercise due diligence to verify the employee's jobs in the 10 years before the injury and any jobs held after the injury;

(2) review the appropriate volume or database listed in (A), (B), or (C) of this paragraph and select the most appropriate job title or titles that describe the jobs held and training received; if the employee's injury occurred

(A) on or after July 2, 1988 but before August 30, 1998, the rehabilitation specialist shall use the United States Department of Labor's Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles (1981) (SCODDOT);

(B) on or after August 30, 1998, but before January 1, 2025, the rehabilitation specialist shall use the 1993 edition of the United States Department of Labor's Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles (SCODRDOT) unless the board has designated a later revision or version of that volume under AS 23.30.041(p), as that subsection existed on December 31, 2024; or

(C) on or after January 1, 2025, the rehabilitation specialist shall use the most recent version of the Occupational Information Network database published by the United States Department of Labor, Employment and Training Administration (ONET) and may determine the physical demands of jobs that the employee has held or received training for during the 10 years before the injury or that the employee has held following the injury for a period long enough to obtain the skills to compete in the labor market, compiled by using the Dictionary of Occupational Titles cross-references provided in the ONET Crosswalk link;

(3) identify all job titles identified under (2) of this subsection for which the employee meets the specific vocational preparation codes as described in the volume; and

(4) submit all job titles identified under (3) of this subsection to the employee's physician, the employee, the employer and the administrator; if the physician predicts the employee will have permanent physical capacities equal to or greater than the physical demands of a job or jobs submitted under this paragraph, the rehabilitation specialist shall conduct labor market research to determine whether the job or jobs exist in the labor market as defined in AS 23.30.041(r)(3).

(c) The rehabilitation specialist whose name appears on the referral letter shall contact the employee's employer at the time of injury about employment in accordance with AS 23.30.041(f)(1). If the employer offers employment, the rehabilitation specialist shall

(1) complete and submit a job analysis to the employee's physician, with a copy to the employee, the employer, and the administrator, to predict whether the job's physical demands are within the employee's post-injury physical capacities;

(2) require the employer to complete an offer of employment on a form prescribed by the administrator, and document that the job offered will pay the employee at least the state minimum wage under AS 23.10.065 or an amount at least equal to 75 percent of the employee's gross hourly wages at the time of injury, whichever is greater; and

(3) submit labor market research if the offer of employment meets the requirements of AS 23.30.041(f)(1); the research must document that the offered employment prepares the employee to be employable in other jobs that exist in the labor market at a level consistent with employee's predicted post-injury physical capacities and at a wage equivalent to at least the state minimum wage under AS 23.10.065 or 75 percent of the worker's gross hourly wages at the time of injury, whichever is greater.

(d) The rehabilitation specialist whose name appears on the referral letter shall determine whether the employee has previously declined reemployment benefits under AS 23.30.041(f)(2) or has been previously rehabilitated under AS 23.30.041(f)(3).

(e) If the employee has received a job dislocation benefit or has been previously rehabilitated in a former workers' compensation claim, the rehabilitation specialist shall obtain documentation of the previous job dislocation benefit or rehabilitation for purposes of AS 23.30.041(f)(2) and (3).

(f) The rehabilitation specialist whose name appears on the referral letter shall document whether a permanent impairment is identified or expected at the time of medical stability. This documentation may be either a physician's rating according to the appropriate edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment under AS 23.30.190 or a physician's statement that an impairment rating is or is not expected.

(g) In accordance with 8 AAC 45.500, and not later than 60 days after being selected, the rehabilitation specialist whose name appears on the referral letter shall submit a report of findings to the administrator, with simultaneous copies to the employee, and the employer regarding eligibility for reemployment benefits. The report must include

(1) a recommendation regarding eligibility for reemployment benefits;

(2) copies of all predictions by physicians, job titles identified under (a)(3) and (b)(4) of this section, and job analyses identified under (c)(1) of this section;

(3) the completed offer of employment form, if employment has been offered;

(4) labor market research, if necessary;

(5) documentation of previous job dislocation benefits or rehabilitation, or evidence of efforts to obtain the information if not received; and

(6) all physicians' ratings or statements regarding permanent impairment.

(h) Any additional information for the administrator's consideration in the eligibility determination shall be filed with the administrator and served on all parties and the rehabilitation specialist no later than 10 days after the rehabilitation specialist's report is filed.

(i) The employer shall pay costs associated with the employee's physician's review of documents submitted under this section, in compliance with AS 23.30.097.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.043
Eff. 7/2/98, Register 146; am 7/9/2011, Register 199; am 3/23/2025, Register 253

8 AAC 45.530 Determination on eligibility for reemployment benefits {#sec-8-aac-45.530 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.530}

(a) Not later than 14 days after receiving a rehabilitation specialist's eligibility evaluation report for an employee injured on or after July 1, 1988, the administrator shall rely on the division's record, including any documents submitted by the rehabilitation specialist and parties, and determine whether the employee is eligible for reemployment benefits, or whether there is insufficient information to make a determination on the employee's eligibility for reemployment benefits. The administrator shall give the parties written notice under 8 AAC 45.399 of the determination, the reason for the determination, and how to request review by the board of the determination.

(b) If the administrator determines the eligibility evaluation is not in accordance with 8 AAC 45.525, or the information in the board's case file is insufficient or does not support the eligibility recommendation, the administrator

(1) may not decide the employee's eligibility for reemployment benefits; and

(2) shall notify the employee, the employer, or the rehabilitation specialist

(A) what additional information is needed, who must submit the information, and the date by which the information must be submitted so eligibility can be determined; or

(B) that the administrator shall reassign the employee to a new rehabilitation specialist in accordance with 8 AAC 45.430.

(c) If the administrator determines that the employee is eligible for reemployment benefits, the administrator's notice must

(1) state that the employee either shall elect reemployment benefits and select a rehabilitation specialist to assist in formulating a plan or shall accept a job dislocation benefit; the employee's election must be made no later than 30 days after the employee receives the notice;

(2) be accompanied by

(A) a copy of the division's form for an election to either receive reemployment benefits or waive reemployment benefits and receive a job dislocation benefit instead; and

(B) a copy of the list maintained under 8 AAC 45.400 of rehabilitation specialists; under this subparagraph, if the employee

(i) lives in this state, the administrator shall send the list of rehabilitation specialists in this state; or

(ii) does not live in this state, the administrator shall send a list of rehabilitation specialists nearest the employee based on the geographic area; and

(3) inform the employee how to notify the employer and administrator of either the election of a job dislocation benefit or the name of the rehabilitation specialist selected to assist in the formulation of a plan.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.043
Eff. 7/20/97, Register 143; am 7/2/98, Register 146; am 7/9/2011, Register 199; am 4/9/2016, Register 218; am 3/23/2025, Register 253

8 AAC 45.535 Election of either a job dislocation benefit or a rehabilitation specialist {#sec-8-aac-45.535 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.535}

(a) No later than 30 days after receipt of the administrator's notice under 8 AAC 45.530 of the employee's eligibility for benefits, the employee must file the completed election form with the administrator and serve a copy upon the employer that provides notice of the employee's

(1) election of a job dislocation benefit under AS 23.30.041(g)(2); or

(2) selection of a rehabilitation specialist under AS 23.30.041(g)(1).

(b) If the employer objects to the rehabilitation specialist selected by the employee, the employer must file written notice of that objection with the administrator no later than 10 days after receipt of the written notice of the rehabilitation specialist selected by the employee.

(c) If the employer objects in accordance with (b) of this section to the rehabilitation specialist the employee selected, the administrator shall assign a rehabilitation specialist in accordance with 8 AAC 45.430 and 8 AAC 45.540.

(d) If the employer does not object to the rehabilitation specialist selected by the employee, the administrator shall, no later than 14 days after receipt of the employee's selection form, notify the rehabilitation specialist to begin plan development.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/20/97, Register 143; am 7/2/98, Register 146; am 2/3/2001, Register 157; am 7/9/2011, Register 199

8 AAC 45.540 Rehabilitation specialist assignment for reemployment benefits {#sec-8-aac-45.540 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.540}

If the employer objects in accordance with 8 AAC 45.535(c) to the employee's selection of a rehabilitation specialist, the administrator shall notify the employee and employer by mail of the rehabilitation specialist to be assigned. The following actions may be taken in response:

(1) within 10 days after receiving the administrator's notice, either the employer or the employee may file with the administrator a written notice objecting to the assignment; a copy of the notice must be served upon the other party and the rehabilitation specialist;

(2) if no objection is filed in accordance with (1) of this section, the rehabilitation specialist shall begin formulating a reemployment plan.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/20/97, Register 143

8 AAC 45.542 Change of rehabilitation specialist {#sec-8-aac-45.542 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.542}

Repealed.

History

Eff. 7/20/97, Register 143; am 7/9/2011, Register 199; repealed 3/23/2025, Register 253

8 AAC 45.550 Plans {#sec-8-aac-45.550 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.550}

(a) If an employee is found eligible for development of a reemployment plan, the rehabilitation specialist whose name appears on the referral letter shall

(1) interview the employee, and conduct testing if needed, to complete an inventory in accordance with AS 23.30.041(h)(2);

(2) document the employee's permanent physical capacities, in accordance with AS 23.30.041(h)(2), and the estimated date of medical stability in accordance with AS 23.30.041(h)(7);

(3) compute the employee's remunerative employability wage; the wage computed under this paragraph must meet the standards of compensation set out in the definition of "remunerative employability" under AS 23.20.041(r)(7) and meet the requirements of "gross hourly wages at the time of injury" under 8 AAC 45.490;

(4) determine an occupational goal for the employee;

(5) submit a job analysis of the occupational goal to a physician to predict whether the employee will have the permanent physical capacities to perform the physical demands of the job;

(6) submit research documenting that the

(A) plan will provide the employee the occupational skills necessary to be employable within the plan's occupational goal;

(B) occupational goal exists in the labor market, as defined in AS 23.30.041(r)(3); and

(7) consider all of the options listed under AS 23.30.041(i) before selecting the option that will return the employee to remunerative employability in the shortest possible time; and

(8) write a detailed reemployment plan, including

(A) the findings based on the documentation required under (1) - (7) of this subsection;

(B) the time frame for the employee's reemployment plan, to include the date the plan begins and the date the plan ends, with a total time frame not to exceed two years from the date of plan approval or the date of plan acceptance, whichever date occurs first;

(D) a finding explaining why the employee can be reasonably expected to satisfactorily complete the plan and perform in the new occupation within the time and cost limits of the plan.

(b) No later than 90 days after the date of the employee's referral to the rehabilitation specialist for development of a reemployment plan, the rehabilitation specialist whose name appears on the referral letter shall submit

(1) the plan

(A) to the employee and the employer for their review and signatures in accordance with AS 23.30.041(j) indicating that the employee and employer have reviewed the plan and whether the employee and the employer agree or disagree with the plan; and

(B) signed by the specialist, the employee, and the employer, to the administrator in accordance with 8 AAC 45.500; or

(2) a report, together with medical documentation attached, that shows the employee's medical condition has changed since the start of efforts to develop the employee's reemployment plan, and that the employee is currently unable to participate in plan activities; the medical documentation required by this paragraph must also include an estimated date when efforts to develop the employee's reemployment plan can resume.

(c) If the employee and the employer fail to agree to the reemployment plan written under (a)(8) of this section, either party may request the administrator to review and approve the plan. Not later than 14 days after the administrator receives the plan for review, the administrator shall notify the parties under 8 AAC 45.399 that

(1) the plan is approved;

(2) the plan is denied; or

(3) the plan is incomplete; the notification must list the additional information that the parties must submit before the administrator will approve or deny the plan.

(d) If the administrator requests additional information, the administrator shall make a decision not later than 14 days after the additional information is received and notify the parties under 8 AAC 45.399.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/2/98, Register 146; am 7/9/2011, Register 199; am 4/9/2016, Register 218; am 3/23/2025, Register 253

8 AAC 45.600 Request for liability coverage under AS 23.30.045(c) {#sec-8-aac-45.600 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.600}

(a) To request liability coverage under AS 23.30.045(c), the rehabilitation specialist shall give the administrator written notice that a written plan will be submitted that requires liability coverage. The submitted plan

(1) must include a written request for coverage under AS 23.30.045(c);

(2) must include a description of the services being provided;

(3) must include the time frame for coverage under AS 23.30.045(c);

(4) must include the name, address, and telephone number of the employer who is providing the services;

(5) must include proof of workers' compensation insurance for the employer; and

(6) when the coverage is requested for on the job training,

(A) must also meet the requirements of AS 23.30.041(h) - (o); in addition,

(B) the employer must provide proof that the employee will receive minimum wages.

(b) The administrator will approve or deny the written request not more than 14 days after receiving the completed written plan. Coverage under AS 23.30.045(c) is effective upon approval by the administrator.

History

Authority: AS 23.30.005; AS 23.30.041
Eff. 7/2/98, Register 146; am 3/23/2025, Register 253

8 AAC 45.605 Employer stay-at-work plan election {#sec-8-aac-45.605 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.605}

(a) An employer may elect to not participate or not continue to participate at any time before the employee completes the plan. The employer shall serve written notice of the employer's election to not participate to the employee, the program coordinator, and the rehabilitation specialist. The employer's written notice must inform the employee, in accordance with AS 23.30.043(n), of the employee's right to pursue reemployment benefits under AS 23.30.041. The employer's responsibility for stay-at-work plan costs continues until one day after the notice is served.

(b) The program coordinator shall inform the employee of the employee's rights in accordance with AS 23.30.041.

History

Authority: AS 23.30.001; AS 23.30.005; AS 23.30.043
Eff. 3/23/2025, Register 253

8 AAC 45.610 Rehabilitation specialist stay-at-work plan development {#sec-8-aac-45.610 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.610}

(a) Upon the employee's election, the administrator shall assign a rehabilitation specialist under AS 23.30.043(b) to develop the stay-at-work plan.

(b) The rehabilitation specialist shall contact the employer of the injured employee not later than 14 days after receiving the assignment to determine if the employer consents to the employee's participation in the stay-at-work program.

(c) If the employer does not consent to the employee's participation, the rehabilitation specialist shall inform the parties that a stay-at-work plan cannot be developed.

(d) If the employer consents to the employee's participation, the rehabilitation specialist shall determine if a stay-at-work plan can be developed. To make a determination, the rehabilitation specialist shall

(1) interview the employee to identify

(A) barriers to the employee staying at work, and

(B) the employee's technical skills, transferrable skills, physical and intellectual capacities, academic achievement, and emotional condition;

(2) contact the employer to determine if a stay-at-work position can be created through modification of the employee's regular work, job restructuring, assistive devices, worksite modification, reduced hours, or reassignment to another job;

(3) contact the employee's attending physician to obtain a written opinion that will include the anticipated medical treatment plan, time that the employee is expected to be incapacitated from work, anticipated date of employee's release to modified duty and full duty, temporary or permanent work restrictions, and anticipated date of medical stability; and

(4) obtain the written opinion of the employee's attending physician that the employee has the permanent physical capacities to participate in a stay-at-work plan.

(e) A stay-at-work plan developed by the rehabilitation specialist must include

(1) the job analysis;

(2) the date the plan begins and the date the plan ends, with a total time frame not to exceed two years from the date of plan approval under AS 23.30.043(k);

(3) the plan's cost, which may not exceed the statutory amount under AS 23.30.043(j);

(4) a finding that explains why the employee can be reasonably expected to satisfactorily complete the stay-at-work plan within the time and cost limits; and

(5) a summary of the information gathered by the rehabilitation specialist under (d) of this section.

(f) Not later than 60 days after the referral, the rehabilitation specialist shall

(1) provide the stay-at-work plan to the program coordinator, employee, employer, and employee's attending physician and facilitate communication regarding plan acceptance; or

(2) provide the employee, employer, and administrator a written determination that includes the reasons a stay-at-work plan cannot be developed.

History

Authority: AS 23.30.005; AS 23.30.043
Eff. 3/23/2025, Register 253

8 AAC 45.615 Stay-at-work plan approval {#sec-8-aac-45.615 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.615}

(a) Not later than 14 days after receipt of the stay-at-work plan, the program coordinator shall

(1) approve the plan and notify the parties;

(2) deny the plan and notify the parties; or

(3) notify the parties that the plan is incomplete and request additional information from the parties before approving or denying the plan.

(b) If additional information is requested, the program coordinator shall approve or deny the stay-at-work plan not later than seven days after the additional information is received and notify the parties.

(c) Not later than 30 days after the program coordinator notifies the parties under (b) of this section, a party may request that the administrator review and approve the plan. Not later than 14 days after receiving a party's request, the administrator shall

(1) approve the stay-at-work plan;

(2) deny the stay-at-work plan; or

(3) notify the parties what information is needed to develop the stay-at-work plan, who must submit the information, and the submission deadline.

(d) If the rehabilitation specialist determines that a stay-at-work plan cannot be developed, the administrator shall decide if the file supports the determination and findings. Not later than 10 days after receipt of the rehabilitation specialist's determination that a stay-at-work plan cannot be developed, the administrator shall

(1) notify the parties that the employee is not eligible for stay-at-work benefits and may pursue benefits under AS 23.30.041; or

(2) notify the employee, employer, and rehabilitation specialist of the additional information needed to develop the stay-at-work plan, who must submit the information, and the submission deadline; if the information is not timely submitted, the determination that a plan cannot be developed becomes final.

(e) Notices required under this section may be made under 8 AAC 45.399.

History

Authority: AS 23.30.005; AS 23.30.041; AS 23.30.043
Eff. 3/23/2025, Register 253

8 AAC 45.620 Stay-at-work plan {#sec-8-aac-45.620 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.620}

After plan approval, the rehabilitation specialist shall

(1) verify that the duties the employer assigned to the employee conform with the physical capacities outlined by the employee's attending physician; and

(2) identify the employee's and employer's concerns and provide guidance, support, and direction during the stay-at-work plan.

History

Authority: AS 23.30.005; AS 23.30.043
Eff. 3/23/2025, Register 253

8 AAC 45.890 Determining employee status {#sec-8-aac-45.890 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.890}

Repealed.

History

Eff. 3/16/90, Register 113; am 12/13/2009, Register 192; repealed 5/12/2019, Register 230

8 AAC 45.900 Definitions {#sec-8-aac-45.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 45.900}

(a) In this chapter

(1) "Act" means the Alaska Workers' Compensation Act, as amended, AS 23.30.005 - 23.30.270;

(2) "board" means

(A) a hearing officer under 8 AAC 45.071; or

(B) any single three-member panel, or a quorum thereof, of the Alaska Workers' Compensation Board;

(3) "carrier" means an insurance carrier meeting the requirements of AS 23.30.025 with respect to authorization to provide insurance fulfilling the obligation of an employer to secure the payment of compensation under the Act;

(4) "chair" means the commissioner or any person designated by the commissioner to preside as board chair in a particular proceeding;

(5) "claim" includes any matter over which the board has jurisdiction;

(6) "commissioner" means the commissioner of the Department of Labor and Workforce Development;

(7) "department" means the Department of Labor and Workforce Development of the state;

(8) "division" means the division of workers' compensation within the administrative branch of the Department of Labor and Workforce Development;

(9) "effecting settlement" means the ability to timely pay all medical benefits and timely pay compensation in accordance with AS 23.30.155;

(10) "executive officer" means the president, vice-president, secretary, treasurer, or a corporate employee who is responsible for the corporation's affairs generally, has a close connection with the board of directors and other officers and who is specifically designated as an executive officer by the articles of incorporation or corporation bylaws;

(11) "Smallwood objection" means an objection to the introduction into evidence of written medical reports in place of direct testimony by a physician; see Commercial Union Insurance Companies v. Smallwood, 550 P.2d 1261 (Alaska 1976);

(12) "treating physician" means the physician designated by the employee as the person responsible for coordinating the medical treatment;

(13) "designee" means a person authorized by the board to act on the board's behalf or by the commissioner to act on the commissioner's behalf;

(14) "cleaning person" means a person who

(A) cleans only a personal dwelling unit, as opposed to business or commercial units;

(B) is hired directly by the owner or tenant entitled to occupy the personal dwelling unit being cleaned; and

(15) "provider", unless the statutory context requires otherwise,

(A) means any physician, pharmacist, dentist, or other health service worker or any hospital, clinic, or other facility licensed under AS 08 to furnish medical or dental services, including chiropractic, physical therapy, and mental health services;

(B) includes an out-of-state person or facility that meets the requirements of this section and is otherwise qualified to be licensed under AS 08;

(16) "failure to insure" means a person, business, or entity utilizing employee labor while uninsured for workers' compensation liability.

(b) Repealed 12/14/86.

(1) "part-time help" means a person who on an intermittent, irregular, noncontinuous basis performs work which is either not an integral part of the regular business of the beneficiary of the work or which is not the regular business, profession, or occupation of the worker;

(2) "transient help" means a person who does not have a permanent work residence and who performs work which is not an integral part of the regular business of the beneficiary of the work.

(d) In AS 23.30.395, "irregular bonus" means a payment received by the employee from the employer, to which there is no fixed right or entitlement under the employment agreement between employee and employer.

(e) For purposes of this chapter and AS 23.30.041, "administrator" or "reemployment benefits administrator" means the person selected and employed under AS 23.30.041(a) or that person's designee.

(f) For purposes of this chapter and AS 23.30.175, "this state" and "the state" mean the State of Alaska.

(g) For purposes of AS 23.30.175, "the area," "other area" or "other areas" means a state or country other than the state of Alaska.

(h) For the purpose of AS 23.30.095(k), "functional capacity" means an evaluation, for any purpose, of an employee's

(1) "physical capacities" as that term is defined in AS 23.30.041;

(2) ability to perform a job's "physical demands" as that term is defined in AS 23.30.041; or

(3) intellectual capacities and emotional condition.

(i) In AS 23.30.041(c) and this chapter,

(1) "employment at the time of injury" means the employee's essential job duties and tasks, including the physical requirements of the duties and tasks, that the employee performed at the time of injury;

(2) "totally unable" means the employee has not been released by the attending physician to return to the employee's employment at the time of injury on either a modified or unmodified basis.

(j) For an injury occurring after December 22, 2011, "previously rehabilitated" under AS 23.30.041(f)(3) means having

(1) completed a reemployment benefits plan under AS 23.30.041 or a substantially similar law in another jurisdiction; or

(2) done both of the following:

(A) having stipulated to eligibility, having an eligibility request approved, or having an eligibility evaluation ordered under AS 23.30.041(c);

(B) having waived reemployment benefits under AS 23.30.041(q), 23.30.012, or a substantially similar law in another jurisdiction.

(k) In AS 23.30.250,

(1) "misclassify" means

(A) to falsify or misrepresent an employee job duties to an insurance carrier;

(B) to willfully misrepresent an employee as an independent contractor;

(D) to willfully designate an employee as a partner, limited liability member, director, or officer without one or more of the following:

(i) a documented ownership interest under 8 AAC 45.185(b);

(ii) sharing in profits and losses; or

(iii) decision-making authority;

(2) "deceptive leasing practices" means a person, business, or professional employer organization engaged in the business of leasing employee labor to one or more clients that

(A) purports to be the sole employer of the covered employee;

(B) fails to report client names and effective coverage dates for the insurance carrier and the division under AS 23.30.085.

(l) In 8 AAC 45.399 - 8 AAC 45.620, "job analysis" means a systematic gathering and analysis of job tasks and competencies, including responsibilities, duties, skills, and physical and intellectual demands.

History

Authority: AS 23.30.005; AS 23.30.090; AS 23.30.230 AS 23.30.030; AS 23.30.097; AS 23.30.240 AS 23.30.041; AS 23.30.175; AS 23.30.395 AS 23.30.043; AS 23.30.220
Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 7/1/88, Register 107; am 3/16/90, Register 113; am 7/20/97, Register 143; am 7/2/98, Register 146; am 4/16/2010, Register 194; am 12/22/2011, Register 200; am 12/1/2015, Register 216; am 7/27/2017, Register 223; am 12/23/2021, Register 240; am 3/23/2025, Register 253

Chapter 46 Self-Insurance

8 AAC 46.010 Requirements for applying and qualifying for authority to self-insure {#sec-8-aac-46.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.010}

(a) An employer may apply for authorization to self-insure the employer's obligations under the Act if the employer has

(1) been in business within this state for at least the five years immediately preceding the filing of the present application for self-insurance authorization;

(2) safety and loss control programs;

(3) in combination with the employer's parent company or subsidiary companies of the employer, a minimum of 100 employees either in this state or in another state or states; and

(4) a tangible net worth of at least $10,000,000.

(b) An employer that meets the application requirements may qualify to self-insure the employer's obligations under the Act if the employer provides satisfactory proof to the board that the employer has

(1) the financial ability to meet current and future obligations under the Act;

(2) available claims facilities through the employer's staffed adjusting facilities located within this state through independent, licensed, resident adjusters with power to effect settlement within the state; for purposes of this paragraph, insurance companies with a certificate of authority from the division of insurance, Department of Commerce, Community, and Economic Development, and with staff adjusters in this state, are considered independent, licensed, resident adjusters; and

(3) agreed to post any security deposit required.

(1) has self-insured the employer's workers' compensation obligations in another jurisdiction for at least the five years immediately preceding the filing of the present application for self-insurance authorization; or

(2) is a wholly-owned subsidiary and the employer's parent company has been in business for at least the five years preceding the filing of the present application for self-insurance authorization and guarantees the subsidiary's obligations under the Act.

(d) An employer that is a majority or wholly-owned subsidiary must have the employer's obligations under the Act guaranteed by the employer's parent company.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.015 Requirements for a joint venture to apply and qualify for authorization to self-insure {#sec-8-aac-46.015 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.015}

(a) The board may issue a certificate of self-insurance authorization to a joint venture if the partner with the majority interest in the joint venture is self-insured or qualified to be self-insured in this state and guarantees the workers' compensation obligations of the joint venture. In general, the joint venture must meet all the requirements of this chapter, and

(1) the agreement under which the joint venture will operate must accompany the present application for self-insurance authorization;

(2) the present application for self-insurance authorization must be filed with the board at least 60 days before the desired effective date when one partner is currently self-insured or at least 90 days before that date when there is no self-insured partner; and

(3) each partner in the joint venture must submit the financial information required by 8 AAC 46.020(a)(3).

(b) The board may for good cause, waive the requirement of 8 AAC 46.010(a)(4).

(c) The requirements of 8 AAC 46.010(a)(1) and 8 AAC 46.020(d) do not apply to a joint venture seeking authorization to self-insure.

(d) The combined financial statements of the partners and the factors listed in 8 AAC 46.030 will be used in considering the application for self-insurance authorization.

(e) A certificate of self-insurance of a joint venture is valid only for the employees of the joint venture and not the employees of any of the partners of the joint venture. Any change of partners in the joint venture must be reported to the division no later than 30 days after the change of partners.

(f) In addition to the other requirements of this chapter, an application for renewal of a certificate of self-insurance of a joint venture must be accompanied by the most recent audited financial statement of the joint venture.

(g) A joint venture must give the division at least 60 days' written notice before termination of the joint venture. The notice must include the arrangements that have been or will be made to process present and future claims for which the joint venture is or may be responsible.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.020 Application procedures for self-insurance authorization {#sec-8-aac-46.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.020}

(a) An employer shall apply for self-insurance authorization on a form prescribed by the department. The completed application must be

(1) filed with the division at least 90 days before the desired effective date of self-insurance;

(2) signed before a person authorized to take an oath, affirmation, or acknowledgement;

(3) accompanied by the employer's audited financial statements for the three fiscal or calendar years immediately preceding the filing of the application form; the employer may submit consolidated financial statements of the employer's parent company if the employer does not have its own audited financial statements and the employer is a majority or wholly-owned subsidiary; a governmental entity must submit audited comprehensive annual financial reports, including detailed schedules, for the three fiscal or calendar years immediately preceding the filing of the application form;

(4) accompanied by a description of the proposed excess insurance, including the effective dates, the types of coverage, the conditions and exclusions, the limits and retentions of each type of coverage, and a guarantee of coverage until the division receives a copy of the policies;

(5) accompanied by a parent company's guarantee of the subsidiary's obligations under the act, if the employer is a majority or wholly-owned subsidiary; and

(6) accompanied by a security deposit as required under 8 AAC 46.045.

(b) The application must be accompanied by a summary of the employer's or the employer's parent company's losses, for three fiscal or calendar years immediately preceding the filing of the application. The summary of losses must be categorized by year by

(1) number of medical-only claims;

(2) number of indemnity claims;

(3) number of fatalities;

(4) total incurred loss;

(5) total paid loses;

(6) total amount of reserves for incurred and unpaid losses;

(7) total amount of loss within retention limit;

(8) amount of loss subject to reinsurance or excess recovery; and

(9) amount of loss subject to subrogation recovery.

(c) An employer shall submit, as part of the supporting documentation with the application, a detailed outline or manual of the employer's safety and loss control programs.

(d) An employer shall report for the most recent three years, its total Alaska payroll, Alaska workers' compensation losses, and premiums paid.

History

Authority: AS 23.30.005; AS 23.30.075; AS 23.30.090
Eff. 11/20/83, Register 88; am 7/20/97, Register 143; am 7/2/98, Register 146; am 6/20/2010, Register 194

8 AAC 46.030 Financial factors considered for approval of an application for self-insurance authorization {#sec-8-aac-46.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.030}

(a) In determining an employer's financial ability to meet the obligations under the Act, the board will review the employer's audited financial statements and other information submitted in support of the employer's application and will consider the

(1) ratio of tangible net worth to annual compensation premium;

(2) ratio of working capital to total assets;

(3) ratio of quick assets to current liabilities;

(4) ratio of tangible net worth to annual self-insurance retentions;

(5) ratio of current assets to current liabilities;

(6) ratio of debt to tangible net worth;

(7) ratio of cash flow to current liabilities;

(8) ratio of working capital to net sales;

(9) profit and loss history;

(10) form of business organization and relationship of parent company to subsidiary companies;

(11) compensation loss history, outstanding compensation claims liability, and proposed excess insurance coverage;

(12) number of employees;

(13) nature of the employer's business;

(14) safety program;

(15) obligations under all other self-insured programs including their self-insured retention levels;

(16) claims facilities and administration;

(17) financial trends of the employer for the last three years; and

(18) economic history and outlook for the employer's industry.

(b) The information considered in (a) of this section will be used along with an overall evaluation of the employer's financial condition based on generally accepted accounting principles to determine if the employer has the financial ability to pay current and future obligations under the Act. All financial ratios are defined according to their normal usage in analyzing financial statements. All financial ratios will be compared to the average ratios in the industry relative to the employer's type of business and businesses of similar financial size.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.035 Factors considered for approval of a governmental entity's application for self-insurance authorization certificate {#sec-8-aac-46.035 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.035}

In order to determine a governmental entity's financial ability to meet the obligations under the Act, the board will review the governmental entity's annual financial reports and consider the

(1) compensation loss history, outstanding compensation claims liability, and proposed excess insurance coverage;

(2) safety program;

(3) obligations under all other self-insurance programs, including the self-insured retention levels;

(4) claims facilities and administration;

(5) present tax level; and

(6) bonded indebtedness.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.040 Security deposits {#sec-8-aac-46.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.040}

(a) Unless granted an exemption by the board under (c) of this section, the posting of a security deposit under this section is required for authorization for an employer to self-insure the employer's obligations under the Act.

(b) Unless granted an exemption by the board under (c) of this section, a security deposit must be in the amount of $600,000 or 125 percent of the total outstanding accrued self-insured workers' compensation liabilities under the Act, whichever is greater.

(c) After an employer has been authorized to self-insure the employer's obligations under the Act for five years or more, an employer may include with the employer's renewal application a request for exemption for some or all of the employer's security requirement. The request for an exemption from posting a security deposit must include a statement of reasons for exemption along with the employer's application for renewal of self-insurance authorization. The board's action on the renewal application will include a determination whether a security deposit is necessary for that particular self-insured employer.

History

Authority: AS 23.30.005; AS 23.30.090; AS 44.31.020 AS 23.30.075; AS 23.30.155
Eff. 11/20/83, Register 88; am 7/20/97, Register 143; am 6/20/2010, Register 194

8 AAC 46.045 Acceptable security deposits {#sec-8-aac-46.045 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.045}

(a) Acceptable security deposits only include irrevocable letters of credit from financial institutions authorized to conduct business in this state under AS 06.01.010 - AS 06.40.190.

(b) A security deposit under this section will be valued at the security deposit's current market value and must be readily convertible to cash.

(c) Security deposits will be assigned to the commissioner, or the commissioner's successors, or assigns. The deposits will be submitted to the commissioner of revenue. Interest accruing on a negotiable security deposit will be collected and transmitted at least annually to the self-insurer, if the self-insurer is not in default under AS 23.30.170.

(d) If the self-insurer defaults under AS 23.30.170 or files for bankruptcy, the commissioner will, through the use of the security deposit, obtain sufficient money to pay benefits and compensation awarded or secure a replacement policy of coverage. A security deposit will not be returned to a self-insurer until all obligations of the self-insurer have been fully discharged. After all obligations have been fully discharged, the division will return any remaining security deposit to the self-insurer.

(e) A self-insurer that ceases to self-insure shall notify the division and may recover the securities deposited with the division upon posting a special release bond issued by a corporate surety in an amount equal to the total value of the securities. The special release bond must cover all existing liabilities under the Act and remain in force until all obligations under the Act have been fully discharged.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 6/20/2010, Register 194

8 AAC 46.050 Excess insurance {#sec-8-aac-46.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.050}

(a) Both specific and aggregate excess insurance with policy limits and retention amounts acceptable to the board must be provided by each self-insurer unless the board waives this requirement.

(b) An acceptable excess insurance policy must

(1) be written by a casualty insurance company or reinsurance company authorized to transact that business in this state; the insurance company must be rated A- or higher with a stable or positive outlook by a nationally recognized statistical rating organization approved by the board;

(2) not be cancelable. except upon at least 60 days' advance written notice by registered or certified mail to the self-insurer and the division; and

(3) not contain any type of commutation clause, unless it provides that any commutation does not relieve the underwriter of any liability unknown at the time of the commutation.

(c) If an existing excess policy submitted in compliance with this chapter is cancelled or not renewed, the self-insurer shall file proof of replacement excess coverage within the 60-day notice period required by (b)(2) of this section.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.060 Decision on application {#sec-8-aac-46.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.060}

(a) No later than 30 days after receiving an application for a self-insurance certificate and all required supporting data, the board will approve or deny the application or advise the applicant of any additional information required by the board.

(b) If the board requests additional information, the application is considered denied if the information or a request for additional time to submit the information is not received on or before 30 days after the applicant received the request.

(c) If the board denies an application without holding an in-person hearing, the employer may request an in-person hearing and opportunity to submit additional information by filing a petition and an affidavit of readiness for hearing no later than 30 days after receipt of the denial notice. If the petition and affidavit are not timely filed, the employer waives the right to an in-person hearing.

(d) If a hearing is timely requested under (c) of this section, the board will give notice of the hearing in accordance with AS 23.30.110. If the employer wants the board to consider any additional information at the hearing, the employer shall file the information with the board at least 10 days before the hearing.

(e) If, after a hearing under (d) of this section, the board denies the application, the board will issue a final written decision and order with findings of fact and conclusions of law. The board's decision and order may be appealed to the Alaska Workers' Compensation Appeals Commission under AS 23.30.008.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 7/2/98, Register 146; am 6/20/2010, Register 194

8 AAC 46.065 Certificate {#sec-8-aac-46.065 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.065}

(a) Upon approval of an application, a certificate of self-insurance will be issued.

(b) Except as provided in 8 AAC 46.090(c), a certificate expires 12 months after the certificate's effective date. A certificate applies only to the self-insurer and the self-insurer's subsidiaries named on the self-insurer's application for self-insurance. During the 12 months the certificate is in effect, the board may add new subsidiaries to the certificate or delete subsidiaries upon receipt of a written request from the self-insurer which includes the name and address of each new subsidiary, type of business, and percentage of ownership. The board may request additional information before determining whether to permit a new subsidiary to be added.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.070 Revocation {#sec-8-aac-46.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.070}

(a) The board may revoke a certificate of self-insurance based on

(1) failure to comply with the Act or regulations adopted under the Act;

(2) failure to comply with any legal order of the board;

(3) deterioration of financial condition adversely and materially affecting the self-insurer's ability to pay the self-insurer's obligations under the Act; or

(4) a change in business identity or structure which materially alters the status of the self-insurer as the self-insurer existed when the certificate was issued.

(b) If replacement coverage has not been obtained, the board will deny a renewal application or revoke a certificate of self-insurance if

(1) an excess insurance policy is cancelled or expires; or

(2) a security deposit's current market value drops below the value required by the board.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.080 Application for renewal {#sec-8-aac-46.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.080}

(a) A self-insurer shall submit an application for renewal to the board on the department's form number 07-6130. The completed application must be

(1) filed at least 60 days before the expiration of the current certificate of self-insurance;

(2) signed before a person authorized to take an oath, affirmation, or acknowledgement;

(3) accompanied by the self-insurer's audited financial statements, not previously submitted to the board in support of a prior certificate of self-insurance, for the fiscal or calendar year immediately preceding the year in which the self-insurer applies for renewal; a governmental entity must submit the audited comprehensive annual financial reports and detailed schedules, not previously submitted to the board in support of a prior certificate of self-insurance, for the fiscal or calendar year immediately preceding the year in which the governmental entity applies for renewal; and

(4) unless the requirement is waived by the board, accompanied by a description of the proposed excess insurance including the effective dates, the types of coverage, the conditions and exclusions, the limits and retentions of each type of coverage, and either a guarantee of coverage until receipt by the board of a copy of the policies or a renewal endorsement specifying the renewal terms of the policies is submitted to the board by the effective date of the renewal certificate.

(b) The application must be accompanied by a summary of the employer's or the employer's parent company's losses for the fiscal or calendar year immediately preceding the filing of the application. The summary of losses must be categorized by year by

(1) number of medical-only claims;

(2) number of indemnity claims;

(3) number of fatalities;

(4) total incurred loss;

(5) total paid losses;

(6) total amount of reserves for incurred and unpaid losses;

(7) amount of loss within retention limit;

(8) amount of loss subject to excess recovery; and

(9) amount of loss subject to subrogation recovery.

(c) The employer shall submit to the division an independent actuary's report once every three years that verifies the employer's reserves. The actuary's report must be submitted to the division for review accompanied by a letter, signed by an officer of the company, verifying that reserves have been set up in the liabilities section of the employer's or its parent company's balance sheet.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 7/2/98, Register 146; am 6/20/2010, Register 194

8 AAC 46.090 Decision on renewal {#sec-8-aac-46.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.090}

(a) No later than 30 days after the division receives the application for renewal and all supporting data, the board will approve or deny the application or advise the self-insurer of any additional information required by the board.

(b) If the board requests additional information, the renewal application will be considered denied if the self-insurer does not respond within 15 days after receiving the request.

(c) An extension of a self-insurance certificate may be granted for no more than 90 days to meet the requirements of the board, if a request for an extension is made in writing by the self-insurer and received by the board at least 15 days before the date the current certificate expires. If all the requirements for renewal of the self-insurance certificate have not been met within the time prescribed, the application for renewal will be denied. After considering the additional required information the board will either grant or deny renewal.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.100 Change of business status {#sec-8-aac-46.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.100}

A self-insurer that amends the self-insurer's articles, charter, or agreement of incorporation in order to change the self-insurer's identity or business structure or in any other manner alter the status of the self-insurer that existed at the time of issuance of a certificate shall send the division a copy of the amendments.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.110 Additional records and reports {#sec-8-aac-46.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.110}

Upon 30 days' advance written notice, the division may require a self-insurer to file reports concerning the self-insurer's financial condition, payroll records, accident experience, summary of losses, workers' compensation payments, or outstanding workers' compensation liabilities.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.120 Recordkeeping {#sec-8-aac-46.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.120}

(a) Unless waived by the board, a self-insurer shall maintain at one location within this state copies of all records necessary to complete and verify the accuracy of all reports and documents submitted to the division. If this requirement is waived, a self-insurer shall, upon 15 days' written notice from the division, provide copies of all records necessary to complete and verify the accuracy of all reports and documents submitted to the division.

(b) All records required under this section must be open to inspection by authorized division representatives during the self-insured's regular business hours and must be retained for three years.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.130 Auditing {#sec-8-aac-46.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.130}

The division's designated representative may audit a self-insurance program at any reasonable time the designated representative considers necessary. An audit may include an audit of claims files, outstanding liabilities, and workers' compensation payments.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 6/20/2010, Register 194

8 AAC 46.195 Waiver or modification of procedures {#sec-8-aac-46.195 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.195}

The provisions of 8 AAC 45.195 apply to the waiver or modification of procedural requirements under this chapter.

History

Authority: AS 23.30.005; AS 23.30.075; AS 23.30.190
Eff. 2/27/2000, Register 153

8 AAC 46.900 Definitions {#sec-8-aac-46.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 46.900}

In this chapter

(1) "Act" means the Alaska Workers' Compensation Act, as amended, AS 23.30.005 - 23.30.400;

(2) "audited comprehensive annual financial reports" means, at a minimum, general purpose financial statements including all notes, combined statements by fund type, the individual fund statements, and other schedules that provide additional detailed information relative to the general purpose financial statements, upon which an independent auditor has expressed a professional opinion that the accompanying statements present fairly the financial position of the governmental entity in conformity with generally accepted accounting principles, and statistical tables that present various financial, economic, social, and demographic data about the governmental entity for the last 10 years;

(3) "audited financial statement" means a balance sheet, statement of retained earnings, statement of income, statement of changes in financial position and all notes to the financial statements, upon which a certified public accountant expresses a professional opinion that the accompanying statements present fairly the financial position of the employer in conformity with generally accepted accounting principles consistently applied, and includes tests of the accounting records and other auditing procedures considered necessary in the circumstances;

(4) "board" means the southern panel, or a quorum of that panel, of the Alaska Workers' Compensation Board chaired by the commissioner or the representative designated by the commissioner under AS 23.30.005(b);

(5) "commutation clause" means a clause that provides for estimation, payment, and complete discharge of all future obligations for insurance loss or losses incurred, regardless of the continuing nature of certain losses;

(6) "to effect settlement within the state" means the ability to timely pay all compensation and medical and other benefits;

(7) "tangible net worth" means the amount available after subtracting total liabilities from total assets less any intangible assets;

(8) "actuary report" means an actuarial reserve analysis to estimate adequacy of loss reserves and outlining current conditions or future requirements of the self-insured necessary to meet its workers' compensation financial obligations prepared and signed by an independent actuary and produced in compliance with generally accepted actuarial practices;

(9) "commissioner" means the commissioner of labor and workforce development;

(10) "department" means the Department of Labor and Workforce Development;

(11) "division" means the division of workers' compensation in the Department of Labor and Workforce Development.

History

Authority: AS 23.30.005; AS 23.30.090 AS 23.30.075; AS 44.31.020
Eff. 11/20/83, Register 88; am 7/20/97, Register 143; am 6/20/2010, Register 194

Chapter 55 Fishermen’s Fund

8 AAC 55.010 Benefits {#sec-8-aac-55.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.010}

(a) To be eligible for benefits from the fund, a person must be a fisherman who, at the time an injury is sustained, is licensed in the person's own name by the state to engage in commercial fishing under AS 16.05.480 or AS 16.43, and who is actually so engaged in Alaska water or is occupied in the state preparing or dismantling boats or gear used in commercial fishing.

(b) Unless required as a result of accidental bodily injury caused by the fishing endeavor, benefits may not be awarded for

(1) the services of a dentist;

(2) dental prosthetic appliances or the fitting of them;

(3) eye refractions and hearing examinations;

(4) eye glasses or the fitting of them; or

(5) hearing aids or the fitting of them.

(1) if the injury does not arise out of an accident directly connected with commercial fishing;

(2) caused by the fisherman's willful intent to injure or kill self or another;

(3) caused by the fisherman's intoxication, or caused by the fisherman being under the influence of drugs unless the drugs were taken as prescribed by a treating physician; in this paragraph,

(A) "drugs" has the meaning given in AS 23.30.395;

(B) "intoxication" has the meaning given in 8 AAC 20.010; or

(4) if the fisherman has knowingly falsified a material fact directly connected with the fisherman's claim against the fund.

(d) Benefits may not be awarded unless the following conditions are either met or, in a review under AS 23.35.040(a)(1), excused by the council for just cause:

(1) the fisherman receives initial treatment not later than 120 days after the date of injury; the initial treating provider shall submit a Physician's Report (Form 07-6126), unless the department accepts an alternate format that provides the same data in a form that the department can easily use;

(2) the claim is submitted no later than one year after the date of initial treatment;

(3) the fisherman responds no later than 90 days after receipt of an inquiry seeking clarification of any item on a claim, or of any item on a billing for services performed or goods supplied;

(4) there is no unexplained gap in treatment of more than three months;

(5) the provider submits price lists and fee determinations to the administrator no later than 30 days after receipt of a request.

(e) Transportation to return a fisherman to the fisherman's home may be allowed to the extent that the costs are in addition to those that the fisherman would normally have encountered had the fisherman not been injured.

(f) The department may require information regarding insurance coverage, including an insurance benefits statement, and may hold a claim in abeyance pending the receipt of required information. Insurance benefit statements must be received by the department not later than 180 days after a fisherman receives an inquiry seeking clarification.

(g) A vessel owner may not recover reimbursement for a protection and indemnity insurance policy deductible payment unless the administrator receives

(1) proof of direct payment of medical benefits to or on behalf of the fisherman by the vessel owner, together with a copy of the declaration page of the policy setting out the policy coverage and limits; or

(2) proof of direct payment of medical benefits to or on behalf of the fisherman by the vessel owner's protection and indemnity insurance company, together with

(A) proof of payment of the policy deductible to the protection and indemnity insurance company by the vessel owner; and

(B) a copy of the declaration page of the policy setting out the policy coverage and limits.

(h) Provider bills must be submitted to the department in a format approved by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), unless the department accepts an alternate format that provides the same data in a form that the department can easily use.

(i) Provider bills must be accompanied by signed and dated chart notes.

(j) If an injury requires continuing and multiple treatments of a similar nature, the standards for payment for outpatient treatment for the injury are as follows:

(1) payment for a course of treatment may not exceed more than three treatments per week for the first month, two treatments per week for the second and third months, one treatment per week for the fourth and fifth months, and one treatment per month for the sixth through 12th months;

(2) a provider shall furnish a written treatment plan if the course of treatment will require more frequent outpatient treatment than allowed under this subsection;

(3) the treatment plan shall be furnished to the administrator no later than 14 days after treatment begins;

(4) the treatment plan must include objectives, modalities, frequency of treatments, and reasons for the frequency of treatments.

(k) If a claim reaches or exceeds deductible amount, the fisherman shall file a claim with the protection and indemnity insurer.

(l) For payments credited to meeting deductible, the fund may only reimburse expenses covering medical treatment. The fund may not reimburse expenses for paid wages.

History

Authority: AS 23.35.050; AS 23.35.100; AS 23.35.150 AS 23.35.070; AS 23.35.145
Eff. 3/28/74, Register 49; am 4/11/81, Register 78; am 7/28/93, Register 127; am 3/22/2003, Register 165; am 7/13/2012, Register 203; am 5/21/2021, Register 238; am 8/23/2023, Register 247

8 AAC 55.015 Compelling reasons for extension of duration of care and for additional benefits {#sec-8-aac-55.015 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.015}

(a) If a fisherman suffers a compensable injury, the fisherman may request compensation for treatment that continues beyond one year from the date of initial allowance for compelling reasons. A request for an extension of duration of care must

(1) be submitted as a petition to the council under 8 AAC 55.025, and on the form prescribed by the department;

(2) explain why treatment cannot be completed within one year from the date of initial allowance; and

(3) include

(A) the fisherman's name and contact information;

(B) the name and contact information of the fisherman's primary care physician; and

(C) a written treatment plan from the primary care physician, citing medical evidence that supports the extended course of treatment.

(b) If a fisherman suffers a compensable injury, the fisherman may request additional benefits for compelling reasons. A request for additional benefits must

(1) be submitted as a petition to the council under 8 AAC 55.025, and on the form prescribed by the department;

(2) explain the fisherman's financial need, why a remedy cannot be obtained from the vessel owner, and additional benefits needed; and

(3) include

(A) a statement of financial assets and liabilities; and

(B) copies of the fisherman's federal income tax returns for the previous two years, including W-2 forms and supporting schedules.

(c) When considering under AS 23.35.130 or 23.35.140 a request for an extension of duration of care or additional benefits for compelling reasons, the council shall consider

(1) the severity of the fisherman's injury;

(2) the percentage of the fisherman's income derived from commercial fishing;

(3) the length of time that the fisherman has fished commercially in the state;

(4) the availability of relief from other sources;

(5) the chronic nature of the medical condition; and

(6) other facts relevant to the fisherman's request and presented to the council.

(d) In addition to considering the factors listed under (c)(1) - (6) of this section, the council may consider the financial condition of the fund if the total fund expenditures in the current fiscal year are expected to reduce the fund balance to less than 500 percent of the average total fund expenditures in the preceding three fiscal years.

History

Authority: AS 23.35.050; AS 23.35.130; AS 23.35.140
Eff. 7/13/2012, Register 203

8 AAC 55.020 Claim proceedings {#sec-8-aac-55.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.020}

(a) A claim against the fund is commenced by filing an application with the department on a Fishermen's Report of Injury/Illness & Claim (Form 07-6125).

(b) A separate claim must be filed for each separate and independent injury for which benefits are claimed.

(c) No later than 45 days after receipt of a completed claim, the administrator shall send a written notice to each fisherman whose claim is denied. The notice must state the reason why the payment cannot be made.

(d) The council shall review the administrator's denial of benefits no later than 180 days after the denial.

(e) A claimant shall promptly inform the administrator of any changes to the claimant's address.

History

Authority: AS 23.35.040; AS 23.35.050; AS 23.35.070
Eff. 3/28/74, Register 49; am 4/11/81, Register 78; am 9/10/98, Register 147; am 12/30/99, Register 152; am 7/13/2012, Register 203; am 8/23/2023, Register 247

8 AAC 55.025 Petitions {#sec-8-aac-55.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.025}

(a) To request an extension of duration of care, additional benefits, assistance after discharge from a hospital, or additional transportation allowances, a fisherman must submit a petition to the department, for a determination from the council. If the petition is for

(1) an extension of duration of care, the fisherman must comply with the requirements of 8 AAC 55.015(a);

(2) additional benefits, the fisherman must comply with the requirements of 8 AAC 55.015(b);

(3) assistance after discharge from the hospital, the fisherman must

(A) submit the petition on the form prescribed by the department; and

(B) include the dates during which hospitalization occurred;

(4) for additional transportation allowances, the fisherman must

(A) submit the petition on the form prescribed by the department;

(B) verify that the additional transportation is only for the purpose of providing specialized medical skills that are unavailable at the nearest approved medical facility; and

(C) include a written statement from the fisherman's treating physician, that sets out the specialized medical skill required for the petitioner and the nearest place where it is available.

(b) No later than 180 days after the department receives a petition that complies with (a) of this section, the council shall make a determination with respect to the petition. No later than 45 days after the council's determination, the administrator shall notify, in writing, each petitioner or other party of the council's determination.

(d) To request reimbursement of a vessel owner protection and indemnity deductible payment, the vessel owner must file a petition on a Vessel Owner Request for P&I Deductible Reimbursement (Form 07-6178) not later than two years after the date a fisherman covered by the protection and indemnity policy sustains an injury.

History

Authority: AS 23.35.040; AS 23.35.090; AS 23.35.140 AS 23.35.050; AS 23.35.100 AS 23.35.070; AS 23.35.130
Eff. 7/13/2012, Register 203; am 8/23/2023, Register 247

8 AAC 55.030 Appeals {#sec-8-aac-55.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.030}

(a) The administrator shall send to the council for review a claim for benefits that the administrator has denied under 8 AAC 55.020(c).

(b) If the administrator has denied a fisherman's claim under 8 AAC 55.020(c), the administrator shall send a written notification of the time and place of the council's review to the fisherman, so that the fisherman receives the notification no later than 10 days before the date of the council's review. A fisherman may submit additional evidence and witnesses to the council in support of the fisherman's claim. The evidence may be presented in writing, by personal appearance, or by both methods.

(c) The administrator shall notify, in writing, a fisherman with a claim before the council, the vessel owner, and each provider of the council's decision.

(d) A fisherman may appeal the decision of the council. The council's decision is final unless appealed to the commissioner no later than 30 days after mailing of the notice of the council's decision. The appeal must be in writing and must include a description of the relief sought. The commissioner's decision will be based on a consideration of the whole record and will state the facts relied on. The decision of the commissioner may be appealed as provided under AS 44.62 (Administrative Procedure Act).

History

Authority: AS 23.35.040; AS 23.35.050
Eff. 3/28/74, Register 49; am 4/11/81, Register 78; am 9/10/98, Register 147; am 7/13/2012, Register 203

8 AAC 55.035 Right to subrogation {#sec-8-aac-55.035 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.035}

(a) If the department pays benefits from the fund, the department, to the extent of the value of the benefits, is subrogated to the rights of the fisherman for a claim against a third party arising from an injury, disability, occupational disease, or cardiovascular disease covered by AS 23.35.010 - 23.35.150 and this chapter and to the proceeds of an insurance policy covering an injury, disability, occupational disease, or cardiovascular disease covered by AS 23.35.010 - 23.35.150 and this chapter.

(b) If the department asserts a claim of subrogation against a fisherman, the department may hold future claims in abeyance pending resolution of the subrogated claim.

History

Authority: AS 23.35.050
Eff. 12/26/86, Register 100; am 7/13/2012, Register 203

8 AAC 55.040 Definitions {#sec-8-aac-55.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.040}

Repealed.

History

Eff. 3/28/74, Register 49; repealed 7/13/2012, Register 203

8 AAC 55.045 Reimbursement for medical transportation and lodging expenses {#sec-8-aac-55.045 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.045}

(a) This section applies to medical transportation and lodging expenses paid by the injured commercial fisherman who is receiving or has received medical treatment. All reimbursement requests must be substantiated by payment receipts.

(b) Transportation expenses include

(1) reimbursement for mileage, at a rate for the use of a private automobile equal to the Internal Revenue Service standard mileage rate for reimbursement of travel expenses on the given date if the usage is related to the medical examination or treatment;

(2) the actual fare for public transportation, if reasonably incident to the medical examination or treatment; and

(3) ambulance service or other special means of transportation if substantiated by competent medical evidence.

(c) It is the responsibility of the injured commercial fisherman to use the most reasonable and efficient means of transportation under the circumstances.

(d) Lodging expenses include a reasonable amount for lodging purchased when obtaining necessary medical treatment and related to the medical examination or treatment.

History

Authority: AS 23.35.050; AS 23.35.100; AS 23.35.150 AS 23.35.070; AS 23.35.145
Eff. 8/23/2023, Register 247

8 AAC 55.900 Definitions {#sec-8-aac-55.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 55.900}

In this chapter unless the context requires otherwise

(1) "administrator" means the individual responsible for administration of claims against the fund;

(2) "commissioner" means the commissioner of labor and workforce development;

(3) "council" means the Fishermen's Fund Advisory and Appeals Council;

(4) "department" means the Department of Labor and Workforce Department;

(5) "fund" means the fishermen's fund (AS 23.35.060);

(6) "injury" means an injury, disability, or occupational disease for which benefits are payable under AS 23.35.070;

(7) "provider" means a person licensed under AS 08 or in the jurisdiction where services are provided to furnish medical or dental services.

History

Authority: AS 23.35.050
Eff. 7/13/2012, Register 203

Chapter 57 Appeals

8 AAC 57.010 Appeals and petitions for review to the Workers' Compensation Appeals Commission {#sec-8-aac-57.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.010}

The provisions of this chapter apply to appeals of final decisions and orders of the board to the commission and petitions for review of interlocutory and other non-final decisions and orders of the board to the commission, as provided in AS 23.30.125 - 23.30.128.

History

Authority: AS 23.30.007; AS 23.30.125; AS 23.30.128 AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.020 Parties to an appeal of a final board decision or order {#sec-8-aac-57.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.020}

(a) All individuals or entities that were parties in proceedings that resulted in issuance of a final decision or order of the board are parties to an appeal of that decision or order to the commission.

(b) The party filing an appeal is the appellant.

(c) If the director files an appeal, as provided in AS 23.30.127(a) and 8 AAC 57.030(a)(2), the director is the appellant.

(d) All other parties to an appeal are appellees, regardless of their status in proceedings before the board.

(e) If the director intervenes in an appeal, as provided in AS 23.30.127(a) and 8 AAC 57.030(a)(1), the director is an appellee.

(f) An appellee may choose at any time to not participate in an appeal by filing a notice of nonparticipation. An appellee may choose to not participate in a motion for stay filed in an appeal, but still choose to participate in the remainder of the appeal, by filling a notice of nonparticipation that specifically states that the appellee chooses to not participate in the motion for stay, but chooses to participate in the remainder of the appeal. A decision or order issued in an appeal may apply to a nonparticipating appellee, including an order awarding attorney fees and costs to a successful party, as provided in AS 23.30.008(d) and 8 AAC 57.260.

(g) If an individual who is a party to an appeal dies or is adjudged incompetent, the duly appointed representative of that deceased or incompetent individual may be substituted for that individual as a party to an appeal by filing a notice of substitution and copies of documents demonstrating appointment as representative.

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.030 Intervention and request for ruling by the director {#sec-8-aac-57.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.030}

(a) The director may

(1) intervene in an appeal or petition for review; or

(2) file an appeal or petition for review to request a ruling if a party in interest to a compensation order is not represented by an attorney and the compensation order concerns an unsettled question of law.

(b) If the director intervenes in or files an appeal or petition for review as provided in (a) of this section, any other party to that appeal or petition for review shall serve all documents filed with the commission on the director, as provided in 8 AAC 57.040 or 8 AAC 57.050.

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.040 Filing and service of documents {#sec-8-aac-57.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.040}

(a) Filing is the procedure whereby a party submits a document to the commission for the commission's consideration in an appeal or petition for review. Each document a party files with the commission must be

(1) signed and dated by the party or the party's attorney filing the document; and

(2) hand-delivered or sent by first-class United States mail, facsimile transmission, or electronic mail as provided in 8 AAC 57.050 or this section.

(b) Service is the procedure whereby a party provides a copy of a document filed with the commission to another party to an appeal or petition for review. A copy of every document the party files with the commission must be

(1) served on every other party, except an appellee or respondent that has filed a notice of nonparticipation as provided in 8 AAC 57.020(f); and

(2) hand-delivered or sent by first-class United States mail, facsimile transmission, or electronic mail as provided in 8 AAC 57.050 or this section.

(c) A document is considered filed upon receipt unless the document is received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed on the next day that is not a Saturday, Sunday, or legal holiday. A document filed with the commission by United States mail is considered filed on the date the document is received at the commission's office, unless received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed on the next day that is not a Saturday, Sunday, or legal holiday. A document filed by United States mail is not considered filed on the date it is postmarked.

(d) An appellant shall also serve a copy of the notice of appeal on the director as provided in 8 AAC 57.070(b)(3).

(e) Service on a party represented by an attorney must be made on the attorney.

(f) Service by hand-delivery under (b)(2) of this section is accomplished by

(1) handing the document to a party or a party's attorney; or

(2) leaving the document at the party's residence or attorney's office with an individual of suitable age and discretion who occupies the residence or is employed at the office.

(g) Service by United States mail under (b)(2) of this section is complete when deposited in the United States mail with sufficient postage and properly addressed to a party at the party's last known address of record.

(h) Proof of service is the procedure whereby a party serving a copy of a document on another party confirms that the document was served. Proof of service for each document served by a party must

(1) be shown in writing at the end of the document or in a separate, simultaneously filed document;

(2) state the date of service;

(3) identify each document being served;

(4) state the name and method of service of each party being served; in this paragraph, "method of service" means the party's physical address, mailing address, electronic mail address, or facsimile number; and

(5) state the name and contain the signature of the person serving the document.

(i) While an appeal or petition for review is pending before the commission, an attorney representing a party or any self-represented party shall immediately inform the clerk and any other party to the appeal or petition for review, in writing, of a change in the party's mailing address, electronic mail address, telephone number, or facsimile number.

History

Authority: AS 23.30.008; AS 23.30.128
Eff. 12/5/2005 Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.050 Filing and service by electronic mail and facsimile transmission {#sec-8-aac-57.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.050}

(a) A party may file a document with the commission by electronic mail or facsimile transmission.

(b) A document filed by electronic mail must be attached in portable document format (.pdf) to the electronic mail message. A party filing a document by electronic mail shall include in the subject line of the electronic mail

(1) the commission's case number;

(2) the case name; and

(3) a brief description of the document to be filed.

(1) the commission's case number;

(2) the case name;

(3) a list of each document to be filed; and

(4) the total number of pages being transmitted.

(d) A document that is filed by

(1) electronic mail is considered complete upon receipt of the entire document at the commission's electronic mail address, unless the document is received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed on the next day that is not a Saturday, Sunday, or legal holiday; or

(2) facsimile transmission is considered complete upon receipt of the entire document by the commission's facsimile machine, unless the document is received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed on the next day that is not a Saturday, Sunday, or legal holiday.

(e) It is the filing party's responsibility to verify that a document that is filed with the commission by either electronic mail or facsimile transmission is complete and legible. The commission is not responsible for verifying that a document that is filed electronically was received correctly, is legible, or includes all the transmitted pages. The commission is not responsible for any technical problem that may occur as a party files a document electronically.

(f) A party who files a document by electronic mail or facsimile transmission shall keep the original of the document so that the original is available to resolve any question of completeness or authenticity.

(g) A party may serve a document on another party by electronic mail or facsimile transmission if the party being served has filed with the commission, and served on any other party, a written notice of consent to service by

(1) electronic mail, including the recipient's electronic mail address; or

(2) facsimile transmission, including the recipient's facsimile number.

(h) An attorney filing a consent to service by electronic mail may designate an electronic mail address for the attorney and one more either for a legal assistant, for a paralegal, or as a general service electronic mail address.

(i) A document that is served by

(1) electronic mail is considered complete upon receipt of the entire document at the recipient's electronic mail address, unless the document is received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered served on the next day that is not a Saturday, Sunday, or legal holiday; or

(2) facsimile transmission is considered complete upon receipt of the entire document by the recipient's facsimile machine, unless the document is received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered served on the next day that is not a Saturday, Sunday, or legal holiday.

History

Authority: AS 23.30.008; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.055 Service by United States mail {#sec-8-aac-57.055 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.055}

When a document is served by a party on another party by United States mail, three calendar days will be added to the prescribed number of days to respond or act, unless a commission order specifies a particular calendar date by which an act must occur.

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 2/4/2024, Register 249

8 AAC 57.057 Distribution of notices, orders, and decisions by the commission {#sec-8-aac-57.057 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.057}

(a) The commission will use electronic mail to distribute notices, orders, and decisions issued by the commission to the parties. If a self-represented party does not have an electronic mail address, the commission will send notices, orders, and decisions issued by the commission to the self-represented party by means of United States certified mail, return receipt requested, to the party's last known address of record. If a notice, order, or decision is sent to a self-represented party by means of United States mail, three calendar days will be added to the prescribed number of days to respond or act, unless a commission order specifies a particular calendar date by which an act must occur.

(b) If the clerk is notified that an electronic mail sent to an attorney or a self-represented party was undeliverable, the clerk shall print the rejection page and place it in the case file. The clerk shall also distribute a printed rejection page to the attorney or self-represented party by United States mail. The attorney or self-represented party is responsible for updating the party's electronic mail address of record.

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 2/4/2024, Register 249

8 AAC 57.060 Time computation {#sec-8-aac-57.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.060}

(a) In computing a time period specified in AS 23.30.125 - 23.30.128, in this chapter, or in an order of the chair or commission,

(1) the day of the act, event, or default from which the designated time period begins to run is excluded; and

(2) the last day of the period is included, unless it is a Saturday, Sunday, or legal holiday, in which event the designated time period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(b) A party may request an extension of time by filing a motion, as provided in 8 AAC 57.140.

History

Authority: AS 23.30.008; AS 23.30.009; AS 23.30.127
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.065 Representation of parties to an appeal or petition for review {#sec-8-aac-57.065 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.065}

(a) In an appeal or petition for review,

(1) a corporation or limited liability corporation must be represented by an attorney admitted to practice law in the state or permitted to appear under the Alaska Rules of Court;

(2) a partnership, a non-profit corporation, an unincorporated association, a guardian, or a personal representative of an estate must be represented as provided by law; and

(3) an individual or sole proprietorship may be self-represented or represented by an attorney admitted to practice law in the state or permitted to appear under the Alaska Rules of Court.

(b) An attorney for a party filing an appeal or petition for review shall file an entry of appearance simultaneously with the notice of appeal or petition for review.

(c) An attorney for any other party to an appeal or petition for review shall file and serve an entry of appearance not later than 10 days after the date shown in the certificate of distribution, unless distributed by mail, of the clerk's docket notice regarding the filing of the appeal or petition for review.

(d) Whenever a provision in this chapter refers to a party, appellant, appellee, petitioner, or respondent and an attorney represents that party, appellant, appellee, petitioner, or respondent, the provision applies to the attorney.

(e) If a party that is required to be represented by an attorney under (a) of this section does not have attorney representation, the chair shall issue a written notice to that party that the party is required to be represented by an attorney. In the notice the chair shall inform the party that the appeal or petition for review may be dismissed or the party may be prohibited from participating in the appeal or petition for review if the party fails to obtain attorney representation within 20 days after the date shown in the certificate of distribution, unless distributed by mail, of the written notice.

(f) If a party's attorney wishes to withdraw representation of that party, the attorney shall file a written notice of withdrawal with the commission and serve the notice on all parties. The notice of withdrawal must include the current mailing address, telephone number, facsimile number, and electronic mail address of that party. The withdrawal becomes effective upon receipt by the commission.

(g) If a party has another attorney ready to substitute for an attorney who wishes to withdraw, the attorneys shall file a stipulation for substitution of the attorney with the commission and serve notice on all parties. The stipulation must be signed by the withdrawing attorney and the substituting attorney.

(h) When an attorney in the same law firm or agency as the attorney of record assumes responsibility for the case, the new attorney must file a replacement entry of appearance with the commission and serve notice on all parties.

(i) A party who is represented by an attorney in an appeal or petition for review may not appear or act on the party's own behalf in that appeal or petition for review unless the attorney has withdrawn representation of that party.

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.067 Self-represented parties {#sec-8-aac-57.067 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.067}

(a) If a party is self-represented in an appeal or petition for review, all references in this chapter to a party's attorney are construed as referring to the self-represented party personally. Any document filed by a self-represented party must include a mailing address, electronic mail address, or facsimile number at which that party can be served, and a telephone number for contact.

(b) A self-represented party may not have a non-attorney representative but may have a non-attorney assistant. A non-attorney assistant may assist a self-represented party by

(1) assembling records, making copies, and typing documents;

(2) informing the self-represented party of the procedures, regulations, statutes, and decisions that may be applicable;

(3) completing forms and preparing correspondence and documents; however, all documents filed with the commission must be signed and dated by the self-represented party, whose signature on those documents constitutes certification that the self-represented party has read the documents; and

(4) preparing for and attending hearings or oral arguments and providing needed support; however, the non-attorney assistant may not address the commission, unless permitted by the commission or chair.

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 2/4/2024, Register 249

8 AAC 57.070 Notice of appeal {#sec-8-aac-57.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.070}

(a) To begin an appeal, an appellant shall file a notice of appeal not later than 30 days after the date the board's decision and order is filled or, if a timely petition for reconsideration was filed with the board, not later than 30 days after the date the board's decision and order on reconsideration is filed. If the board does not act on the petition for reconsideration, the petition is considered denied. A notice of appeal must be filed not later than 30 days after the date the petition for reconsideration is considered denied, as provided in AS 23.30.127(a) and (b).

(b) The notice of appeal must

(1) specify the board decision or order appealed from;

(2) state the grounds for the appeal upon which the appellant intends to rely and wishes the commission to consider;

(3) be served on the director in addition to the other parties, unless the director is the appellant; and

(4) be served on the attorney general's office in Juneau, Alaska, and the office of the assistant attorney general who appeared in the board proceeding, if the state or a political subdivision of the state is an appellee.

(1) the name, current mailing address, telephone number, and facsimile number or electronic mail address of each party to the appeal, if known;

(2) the name, current mailing address, telephone number, and facsimile number or electronic mail address of each attorney known to be representing a party to the appeal; and

(3) an entry of appearance by the attorney representing the appellant, if applicable.

(d) unless the appellant is the state or a political subdivision of the state, at the same time the notice of appeal is filed, the appellant shall

(1) pay a filing fee of $50, payable by money order, or by business, certified, or cashier's check; or

(2) file a motion for exemption from payment of the filing fee or transcript costs and a completed Financial Statement Affidavit, as provided in 8 AAC 57.090.

(e) An appellee may begin a cross-appeal by filing a notice of cross-appeal in the original appeal, as provided in AS 23.30.127(c).

(f) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of the notice of appeal and the documents specified under (a) - (c) of this section, the appellee may file supplemental or responsive documents, including

(1) entries of appearance; or

(2) notices of consent to service by facsimile transmission or by electronic mail, as provided in 8 AAC 57.050(g).

History

Authority: AS 23.30.007; AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.072 Timing of motion for extraordinary review {#sec-8-aac-57.072 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.072}

Repealed.

History

Eff. 12/5/2005, Register 176; repealed 3/27/2011, Register 197

8 AAC 57.073 Petitions for review or cross-petitions for review of interlocutory or other non-final board decisions or orders {#sec-8-aac-57.073 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.073}

(a) A party may petition or cross-petition the commission, as provided in 8 AAC 57.075, for review of an interlocutory or other non-final board decision or order that is not otherwise appealable under this chapter.

(b) All individuals or entities that were parties in proceedings that resulted in issuance of the interlocutory or other non-final board decision or order are parties to a petition for review of that decision or order to the commission.

(d) All other parties to a petition for review are respondents, regardless of their status in proceedings before the board.

(e) If an individual who is a party to a petition for review dies or is adjudged incompetent, the duly appointed representative of that deceased or incompetent individual may be substituted for that individual as a party to a petition for review by filing a notice of substitution and copies of documents demonstrating appointment as representative.

(f) A respondent may choose at any time not to participate in a petition for review by filing a notice of nonparticipation. A respondent may choose not to participate in a motion for stay filed in a petition for review, but still choose to participate in the remainder of the petition for review, by filing a notice of nonparticipation that specifically states that the respondent chooses not to participate in the motion for stay but wishes to participate in the remainder of the petition for review. A decision or order issued in a petition for review may apply to a nonparticipating respondent, including an order awarding attorney fees and costs to a successful party, as provided in AS 23.30.008(d) and 8 AAC 57.260.

(g) Review will be granted only if the sound policy that an appeal be taken only from a final decision and order of the board is outweighed because

(1) postponement of review until appeal may be taken from a final decision or order will result in injustice because of impairment of a legal right, or because of unnecessary delay, expense, hardship, or other related factors;

(2) the interlocutory or other non-final board decision or order involves an important question of law on which there is substantial ground for difference of opinion, and an immediate review of the decision or order may materially advance the ultimate resolution of the claim;

(3) the board has so far departed from the accepted and usual course of proceedings as to call for the commission's review; or

(4) the issue is one that might otherwise evade review, and an immediate decision by the commission is needed for the guidance of the board.

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.125; AS 23.30.128
Eff. 12/23/2011, Register 200; am 2/4/2024, Register 249

8 AAC 57.074 Motions and consideration of extraordinary review {#sec-8-aac-57.074 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.074}

Repealed.

History

Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; repealed 3/27/2011, Register 197

8 AAC 57.075 Procedure for petitions for review or cross-petitions for review of interlocutory or other non-final board decisions and orders {#sec-8-aac-57.075 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.075}

(a) Unless a petition for reconsideration of an interlocutory or other non-final board decision or order is timely filed with the board under AS 44.62.540, a petition for review must be filed with the commission not later than 15 days after the date that the board filed the decision or order for which commission review is sought.

(b) If a petition for reconsideration of an interlocutory or other non-final board decision or order is timely filed with the board under AS 44.62.540, a petition for review must be filed with the commission not later than 15 days after the date that the board filed the reconsideration decision or the date that the petition for reconsideration is considered denied in the absence of any board action, whichever is earlier.

(c) When a petition for review is filed, any other party may file a cross-petition for review of the same decision or order. A cross-petition must be filed not later than 15 days after the date shown in the certificate of service, unless served by mail, of the petition for review.

(d) The party filing a petition for review is the petitioner. All other parties to the interlocutory or non-final board decision or order are respondents, regardless of their status in proceedings before the board. A party filing a cross-petition for review is a cross-petitioner.

(e) Upon the filing of a petition for review, the clerk shall promptly notify the board, informing the board of the date and number of the decision or order sought to be reviewed, the name of the party filing the petition, and the docket number assigned to the petition by the commission.

(f) A petition for review or cross-petition for review may not exceed 15 pages in length, exclusive of appendices, must conform to the requirements in 8 AAC 57.150(a), and must include

(1) the name, current mailing address, telephone number, and facsimile number or electronic mail address of the party filing the petition for review or cross-petition for review, or the party's attorney if the party is represented by an attorney;

(2) an entry of appearance by the attorney representing the petitioner if applicable;

(3) the names, current mailing addresses, telephone numbers, and facsimile numbers or electronic mail addresses of the other parties to the decision or order for which review is sought, or the parties' attorneys if the parties are represented by attorneys;

(4) a copy of the interlocutory or other non-final board decision or order for which review is sought, or a statement of the substance of the decision or order if it was rendered orally;

(5) a statement of the facts necessary to an understanding of the question determined by the board's decision or order;

(6) a statement of the issues sought to be reviewed;

(7) a statement of the reasons why review should not be postponed until appeal may be taken from a final decision or order;

(8) a statement of the reasons why the board's decision or order is alleged to be erroneous;

(9) a statement of the precise relief sought;

(10) an index of attachments; and

(11) proof of service on the office of the board panel involved and all parties to the board proceeding giving rise to the decision or order for which review is sought.

(g) Not later than 15 days after the date shown in the certificate of service, unless served by mail, of a petition for review or cross-petition for review, a party may file an opposition not exceeding 15 pages in length, exclusive of appendices. The opposition must conform to the requirements in 8 AAC 57.150(a), and must include

(1) objections to the commission's consideration of the petition for review or cross-petition for review; and

(2) proof of service on the office of the board panel involved and all parties to the board proceeding giving rise to the decision or order for which review is sought.

(h) A petitioner or cross-petitioner may not file a reply to an opposition filed under (g) of this section, unless ordered by the commission.

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.125; AS 23.30.128
Eff. 12/23/2011, Register 200; am 2/4/2024, Register 249

8 AAC 57.076 Commission consideration of motion for extraordinary review {#sec-8-aac-57.076 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.076}

Repealed.

History

Eff. 12/5/2005, Register 176; repealed 3/27/2011, Register 197

8 AAC 57.077 Commission consideration of petitions or cross-petitions for review {#sec-8-aac-57.077 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.077}

(a) The commission will consider and decide whether to grant or deny a petition for review or cross-petition for review under this section not later than 30 days after the response to the petition for review or cross-petition for review is filed or the due date to file the response has passed. Oral argument will not be held on the question of whether the petition for review or cross-petition for review should be granted.

(b) A motion for reconsideration of the denial of a petition for review or cross-petition for review may not be filed.

(c) If a petition for review or cross-petition for review is granted, the commission will specify in the order granting the petition for review or cross-petition for review whether additional briefing is required of the parties, and whether the commission wishes to hear oral argument on the petition for review or cross-petition for review.

(d) If the commission orders additional briefing or holds oral argument on the petition for review or cross-petition for review, the commission will issue its decision on the granted petition for review or cross-petition for review not later than 60 days from the date the last brief is filed or oral argument is held, whichever is later.

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.125; AS 23.30.128
Eff. 12/23/2011, Register 200; am 2/4/2024, Register 249

8 AAC 57.079 Decisions on petitions for review or cross-petitions for review {#sec-8-aac-57.079 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.079}

In a decision on a granted petition for review or cross-petition for review, the commission will include a statement that if a party seeks review by the supreme court, a petition for review to the supreme court must be filed not later than 10 days after the date shown in the commission's notice of distribution of the decision on the granted petition for review or cross-petition for review.

History

Authority: AS 23.30.008; AS 23.30.125
Eff. 2/4/2024, Register 249

8 AAC 57.080 Panel to hear an appeal or petition for review {#sec-8-aac-57.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.080}

(a) On the filing of a notice of appeal or petition for review, the chair will issue a written notice to the parties identifying the members of the panel assigned to hear the appeal or petition for review.

(b) Unless the commission is hearing a request for reconsideration as provided in AS 23.30.128(t), the chair may assign, temporarily or permanently, another member of the commission to fill a vacancy on a panel assigned to hear an appeal or petition for review if a member is unable to serve on the panel because of conflict of interest, absence, illness, death, or the expiration of a member's term with the commission. The member assigned to fill a panel vacancy shall meet the requirements for panel composition, as provided in AS 23.30.007 and 23.30.128. The chair will issue a written notice to the parties identifying the member assigned to fill a panel vacancy.

(c) Not later than 10 days after the date shown in the certificate of distribution, unless distributed by mail, of a notice under (a) or (b) of this section, a party may file a motion to remove and replace a member of the panel for any reason provided in AS 23.30.007(l). Members of the panel assigned to that appeal or petition for review who are not the subject of the motion will decide the motion.

History

Authority: AS 23.30.007; AS 23.30.009 AS 23.30.008; AS 23.30.128
Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.090 Requests for exemption from payment of filing fee or transcript costs {#sec-8-aac-57.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.090}

(a) At the same time the notice of appeal is filed, the appellant may request an exemption from payment of the filing fee or transcript costs by filing a motion and the commission's Financial Statement Affidavit, revised as of May 2023 and adopted by reference.

(b) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of a motion for an exemption, any other party may file an opposition to the motion.

(1) the filing fee, as provided in 8 AAC 57.070(d)(1); or

(2) the costs of preparation of transcripts of board hearing recordings not previously transcribed, as provided in 8 AAC 57.120.

(d) The commission may order, with or without a hearing, cross-appellants or intervenors to share in payment of the costs under (c)(2) of this section, as provided in AS 23.30.127(d).

(e) At the conclusion of an appeal, with or without a hearing and with or without a motion for an award of costs by a successful party that was found fully or partially exempt from payment of costs, the commission may order payment of costs to the commission by the unsuccessful party to the extent necessary to reimburse the commission for the costs it paid.

History

Authority: AS 23.30.008; AS 23.30.127; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.100 Motions for stays of board orders {#sec-8-aac-57.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.100}

8 AAC 57.100 took effect on December 5, 2005 as an emergency regulation, and was first published in Register 176 (January 2006). In reviewing the "permanent" regulation in accordance with AS 44.62.060 and 44.62.125(b), the regulations attorney made technical changes to 8 AAC 57.100. The technical changes appeared in the "permanent" regulations as published in Register 178 (July 2006). The history note for 8 AAC 57.100 does not reflect the changes made by the regulations attorney.

(a) In connection with the filing of an appeal or petition for review, an appellant or petitioner may file and serve a motion for a stay of a board order. The motion must state whether new or additional evidence will be presented at the hearing on the motion as provided in AS 23.30.128(c), identify the new or additional evidence, and include copies of the new or additional documentary evidence.

(b) A motion for a stay may include a request for relief in the form of a stay of payments under a compensation order that includes the appropriate showing of the grounds for a stay of compensation payments as provided in (g) or (h) of this section.

(c) Any other party may file and serve an opposition to a motion for a stay not later than 10 days after the date shown in the certificate of service, unless served by mail, of the motion. The opposition must state whether the party intends to present new or additional evidence at the hearing, identify the new or additional evidence, and include copies of new or additional documentary evidence.

(d) As soon as practicable following the filing of a motion for a stay and any opposition to the motion, the chair will issue a written notice to the parties of the hearing on the motion, to be held after not less than three days' notice.

(e) An appellee or respondent may choose not to participate in a motion for stay filed in an appeal or petition for review, but still choose to participate in the remainder of the appeal, by filing a notice of nonparticipation that specifically states that the appellee or respondent chooses not to participate in the motion for stay but wishes to participate in the remainder of the appeal or petition for review.

(f) Service of any document under this section must be through one of the methods set out under 8 AAC 57.040 or 8 AAC 57.050, whether by hand-delivery, first class United States mail, facsimile transmission, or electronic mail, that is reasonably calculated to provide maximum notice to each of the other parties.

(g) To stay continuing future periodic compensation payments, an appellant or petitioner must demonstrate by affidavit or other evidence

(1) that the appellant or petitioner would suffer irreparable damage;

(2) that there is a serious and substantial question on the merits; and

(3) the existence of the probability that the merits of the appeal or the petition for review will be decided adversely to the compensation recipient.

(h) To stay lump-sum compensation payments, an appellant or petitioner must demonstrate by affidavit or other evidence that the appellant or petitioner would suffer irreparable damage, and that there is a serious and substantial question on the merits.

(i) As soon as practicable following the hearing, the commission will enter an order on the motion for a stay. The commission's action under this subsection may include entry of an order nunc pro tunc that stays compensation payments retroactively.

(j) If a stay of a board compensation order is granted, the commission may require a supersedeas bond in an amount up to 125 percent of the compensation amount stayed.

History

Authority: AS 23.30.008; AS 23.30.125; AS 23.30.128 AS 23.30.009; AS 23.30.127
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 3/24/2012, Register 201; am 2/4/2024, Register 249

8 AAC 57.110 Record on appeal. (a) The record on appeal consists of (1) board hearing recordings not previously transcribed; and (2) the entire board file, including all papers, exhibits, depositions, electronic records, electronic mail messages, records of walk-in and telephonic communications with claimants relied upon by the board, and transcripts of board hearing recordings previously transcribed. (b) Not later than 15 days after the date shown in the certificate of distribution of the commission clerk's docket notice regarding the filing of the appeal, the board's appeals clerk shall transfer to the commission clerk (1) the board hearing recordings not previously transcribed; and (2) a list of board hearing recordings previously transcribed. (c) No later than 45 days after receipt of notice of an appeal from the commission clerk, the board's appeals clerk shall transfer the entire board file under (a)(2) of this section to the commission clerk. (d) In connection with the transfer of the record on appeal under this section, the board's appeals clerk shall (1) number the pages of the entire board file under (a)(2) of this section in a single sequence; and (2) certify that the record is complete {#sec-8-aac-57.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.110}

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.120 Transcripts. 8 AAC 57.120 took effect on December 5, 2005 as an emergency regulation, and was first published in Register 176 (January 2006). In reviewing the "permanent" regulation in accordance with AS 44.62.060 and 44.62.125(b), the regulations attorney made a technical change to 8 AAC 57.120. The technical change appeared in the "permanent" regulations as published in Register 178 (July 2006). The history note for 8 AAC 57.120 does not reflect the change made by the regulations attorney. The Alaska Court System's Manual of Transcript Procedures, revised as of February 2023, adopted by reference in 8 AAC 57.120, is available from the Alaska Court System website, at https://public.courts.alaska.gov/web/forms/docs/tf-410. df, or from the Alaska Court System, Customer Service, located at 825 West 4th Avenue, Anchorage, Alaska 99501-2004, telephone number: (907) 264-0450. (a) Not later than 10 days after receipt of the board hearing recordings and the list of board hearing recordings previously transcribed, as provided in 8 AAC 57.110(b), the clerk shall issue a written notice to the parties that identifies which board hearing recordings have been previously transcribed and which board hearing recordings have not been previously transcribed. (b) Not later than 10 days after the date shown in the certificate of distribution, unless distributed by mail, of the notice under (a) of this section, the appellant shall file a designation for transcription of board hearing recordings not previously transcribed that are essential to consideration of the issues on appeal. (c) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of the appellant's designation under (b) of this section, any other party may file a designation for transcription of board hearing recordings not previously transcribed and not designated by the appellant that are essential to consideration of the issues on appeal. (d) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of the appellee's designation under (c) of this section or after the due date has passed, the appellant shall coordinate with the clerk the selection of a transcriptionist and the preparation of transcripts of all board hearing recordings not previously transcribed that are designated by the parties for transcription. (e) The clerk shall provide to the transcriptionist (1) copies of the designated board hearing recordings not previously transcribed; (2) copies of the parties' designations for transcription; and (3) copies of the relevant board decisions to assist with transcription. (f) The clerk shall issue a written notice to the parties of the date the transcripts are due to be filed with the commission. (g) The transcriptionist shall complete the transcripts of the designated board hearing recordings not later than 20 days after the date of the letter requesting transcript preparation. If the transcriptionist is unable to complete the transcripts during the 20-day period, the transcriptionist shall notify the clerk, who may grant an extension of time to complete the transcripts. (h) On completion of the transcripts, the transcriptionist shall file with the commission one electronic copy of each full-size transcript. No other copies are required. (i) Unless otherwise ordered by the commission, the appellant shall pay the costs of preparing the electronic copies of the transcripts to be filed with the commission, and the appellant's copies. The other parties shall pay the costs of their copies of the transcripts. (j) If a party designates board hearing recordings for transcription that are not essential to consideration of the issues on appeal, the chair may order that party to pay the cost of transcribing those recordings. (k) The transcriptionist shall prepare the transcripts in the form and format prescribed in the Alaska Court System's Manual of Transcript Procedures, revised as of February 2023 and adopted by reference {#sec-8-aac-57.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.120}

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.130 Briefing schedule. (a) On receipt of both the record on appeal, as provided in 8 AAC 57.110, and the transcripts, as provided in 8 AAC 57.120(h), the chair will issue a written notice to the parties of the briefing schedule. (b) An appellant's brief must be filed not later than 30 days after the date shown in the certificate of distribution, unless distributed by mail, of the notice of the briefing schedule issued under (a) of this section. (c) An appellee's brief must be filed not later than 30 days after the date shown in the certificate of service, unless served by mail, of the appellant's brief. If there is more than one appellant, an appellee's brief must be filed not later than 30 days after the date shown in the certificate of service, unless served by mail, of the last appellant's brief that is filed. (d) An appellant may file a reply brief, or a notice that no reply brief will be filed, not later than 20 days after the date shown in the certificate of service, unless served by mail, of the appellee's brief. If there is more than one appellee, the reply brief or notice that no reply brief will be filed may be filed not later than 20 days after the date shown in the certificate of service, unless served by mail, of the last appellee's brief that is filed. (e) In a cross-appeal, an appellee who is also a cross-appellant shall file a single brief that satisfies the requirements provided in 8 AAC 57.150(g) not later than 30 days after the date shown in the certificate of service, unless served by mail, of the appellant's brief. (f) In a cross-appeal, an appellant who is also a cross-appellee shall file a single reply brief that satisfies the requirements provided in 8 AAC 57.150(h) not later than 30 days after the date shown in the certificate of service, unless served by mail, of the brief from the appellee who is cross-appealing. (g) On or before the date a party's brief is due, the party shall file with the commission (1) its original brief and three copies; (2) its original excerpt of record or supplemental excerpt of record and three double-sided copies; and (3) proof of service on each of the other parties, as provided in 8 AAC 57.040 or 8 AAC 57.050, of one copy of the brief and one copy of the excerpt of record or supplemental excerpt of record. (h) If a party files a brief and excerpt of record by electronic mail or facsimile transmission, that party must either (1) hand-deliver the three copies of the brief and three double-sided copies of the excerpt of record to the commission; or (2) mail the three copies of the brief and three double-sided copies of the excerpt of record to the commission. (i) If there is only one appellee and that appellee has elected not to participate in the appeal, the appellant shall file only one brief and one excerpt of record. The appellant may request permission to file an overlength brief of up to 70 pages, which is the combined maximum lengths of an appellant's opening brief and reply brief. After the appellant's brief and excerpt of record are filed, the commission will issue a notice requesting the appellant to file a written request for oral argument if the appellant wishes to have oral argument heard on the appeal. (j) If a brief fails to comply with the requirements of this chapter, the commission, on the application of any party or on its own motion, with or without notice as it may determine appropriate, may (1) order the brief to be returned to the party for correction and refiling with the clerk within a time specified in the order; (2) order the brief stricken from the files, with leave to file a new brief within a specified time; or (3) disregard defects and consider the brief as if it were properly prepared. (k) If an appellant fails to file an opening brief as required, the appeal may be dismissed for failure to prosecute under 8 AAC 57.250. If an appellee's brief is not filed as required, that appellee will not be heard at oral argument except on consent of the appellant, or by request of the commission {#sec-8-aac-57.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.130}

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.140 Motions for extensions of time. (a) When, in this chapter, an action is required or allowed to be done within a specified time period, each party may request one routine extension of time in an appeal or petition for review by filing a motion before the expiration of that time period. (b) Oppositions to motions for routine extensions of time under (a) of this section are not permitted. (c) Except as provided under (h) of this section, the clerk may order a routine extension of time not to exceed 30 days. (d) When, in this chapter, an act is to be done within a specified time period, (1) on motion of a party showing good cause filed before the expiration of that time period, except as provided under (h) of this section, the chair may order an extension of time not to exceed 30 days; or (2) on motion of a party showing good cause filed after the expiration of that time period, except as provided under (h) of this section, the chair may order an extension of time not to exceed 20 days. (e) To show good cause, for purposes of a motion for an extension of time under (d) of this section, the moving party must demonstrate diligence and substantial need. A representation that the press of business gives rise to the need for an extension of time does not constitute a demonstration of diligence and substantial need. (f) A motion for an extension of time under (d) of this section must state (1) whether the motion is unopposed; (2) when the document was or is due; (3) the number and length of previous extensions requested; (4) the length of the requested extension; and (5) the reasons an extension is necessary. (g) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of a motion for an extension of time under (d) of this section, any other party may file an opposition to the motion. (h) The commission will rule on a motion for an extension of time to file a notice of appeal {#sec-8-aac-57.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.140}

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.145 Stay of commission proceedings. The parties may request that appeal or petition for review proceedings be stayed pending mediation, settlement negotiations, or board approval of a settlement between the parties by filing a stipulation signed by the parties that states the reasons the proceedings should be stayed and the requested length of the stay. If a stay of proceedings is granted, the commission may order the parties to file status reports to advise the commission on the progress of mediation, settlement negotiations, or board approval of a settlement {#sec-8-aac-57.145 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.145}

History

Authority: AS 23.30.008; AS 23.30.125
Eff. 2/4/2024, Register 249

8 AAC 57.150 Content and form of briefs and memoranda. (a) Briefs and memoranda must (1) be in clear and legible black typeface or hand printing in black ink; (2) be in 12- or 13-point font size; (3) be double-spaced; (4) be on white paper eight and one-half inches wide and 11 inches long; (5) have one-inch margins all around; (6) have footers and footnotes that are single-spaced; the footers and footnotes may be typed in a smaller font, but not smaller than 10-point; (7) if longer than one page, have pages numbered consecutively; and (8) include proof of service on the other parties. (b) The first page of briefs and memoranda must contain (1) the name, current mailing address, telephone number, and electronic mail address or facsimile number of the party filing the document; (2) the commission case number, board decision number, and board claim number; and (3) the title of the document. (c) Unless otherwise provided in this chapter or by order of the chair or commission, memoranda in support of or in opposition to a motion are limited to 15 pages. Reply memoranda by the moving party are not permitted unless ordered by the chair. (d) An appellant's brief is limited to 50 pages and must include (1) a statement of the issues presented for review; (2) a statement of the facts; (3) a brief description of the proceedings before the board; (4) a statement of the applicable standard of review; (5) a section discussing the appellant's arguments on the issues presented; (6) a short conclusion stating the precise relief sought; and (7) references to documents in the appellant's excerpt of record that support each factual assertion in the appellant's brief. (e) An appellee's brief is limited to 50 pages and must include (1) a section discussing that appellee's arguments on the issues presented; (2) a section addressing any of the subjects or requirements under (d) of this section if that appellee is dissatisfied with the appellant's statements in those respects; and (3) references to documents in that appellee's excerpt of record that support each factual assertion in that appellee's brief. (f) An appellant's reply brief is limited to 20 pages and must include references to documents in the appellant's excerpt of record or supplemental excerpt of record that support each factual assertion in the appellant's reply brief. (g) In a cross-appeal, a brief from an appellee who is cross-appealing is limited to 60 pages and must include, in addition to the items required for an appellee's brief as provided under (e) of this section, (1) a section discussing that party's claims of error and the claims of error raised in the original appellant's brief; and (2) references to documents in the excerpt of record from the appellee who is cross-appealing that support each factual assertion in the brief. (h) In a cross-appeal, the reply brief from an appellant who is also a cross-appellee is limited to 30 pages and must include, in addition to the items required for an appellant's reply brief as provided under (f) of this section, (1) a section discussing both the claims of error in the cross-appellant's brief and the claims of error in the original appellant's brief; and (2) references to documents in the excerpt of record or supplemental excerpt of record from the appellant who is also a cross-appellee that support each factual assertion in the reply brief. (i) References in briefing under (d)(7), (e)(3), (f), (g)(2), and (h)(2) of this section to documents in the parties' excerpts of record or supplemental excerpts of record must contain the respective excerpt of record or supplemental excerpt of record page number for each document, as provided in 8 AAC 57.180(d)(1). (j) The chair may reject a party's brief, memorandum, or other document filed with the commission if it fails to conform to the requirements in AS 23.30.125 - 23.30.128 or the requirements in this chapter. In that event, the chair will issue a written notice to the party that (1) specifies the nature of the failure; and (2) states that if the party fails to take appropriate corrective action not later than 20 days after the date shown in the certificate of distribution, unless distributed by mail, of the written notice, (A) the appeal may be dismissed; or (B) the party may be prohibited from further participation in the appeal {#sec-8-aac-57.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.150}

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.160 Amicus brief. (a) A non-party may request permission to file an amicus brief by filing a motion. (b) On a motion under (a) of this section, the non-party shall identify its interest in the appeal and state the reasons why an amicus brief is desirable. (c) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of a motion under (a) of this section, any party may file an opposition to the motion. (d) The chair will decide a motion under (a) of this section. If permission to file an amicus brief is granted, it must be filed as ordered by the chair {#sec-8-aac-57.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.160}

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.170 Preparation of excerpts of record. Each party shall prepare an excerpt of record or supplemental excerpt of record, as provided in 8 AAC 57.180, for simultaneous filing with the party's brief, as provided in 8 AAC 57.130(g)(2) {#sec-8-aac-57.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.170}

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.180 Contents of excerpts of record. (a) The excerpt of record from an appellant or an appellant who is also a cross-appellee must include the following: (1) the claim, accusation, answer, or petition setting out the issues to be decided; (2) other decisions or orders of the board for which review is sought; (3) if the party is challenging the admission or exclusion of evidence or other oral ruling or order, a copy of the pages of the transcript at which the evidence, ruling, or order, the relevant discussion by the board, and any necessary objection are recorded; and (4) true and correct copies of documents in the record that are referenced in the appellant's brief that support each factual assertion of the appellant. (b) An excerpt of record from an appellee or an appellee who is also a cross-appellant must include true and correct copies of documents in the record that (1) are referenced in the appellee's brief (2) support each factual assertion of the appellee; and (3) are not included in the appellant's excerpt of record under (a) of this section. (c) An appellant who is also a cross-appellee may file a supplemental excerpt of record with the appellant's reply brief. (d) The documents in a party's excerpt of record or supplemental excerpt of record must (1) be true and correct copies of documents in the record; (2) be arranged in chronological order by document date with the earliest date on top and numbered consecutively at the bottom of the page, with the appellant's numbering beginning with 1, and appellee's numbering beginning with the number immediately following the number of the last page of the appellant's excerpt; (3) in the case of a supplemental excerpt, be numbered beginning with the number immediately following the number of the last page of the appellee's excerpt; (4) be referenced in a table of contents that includes a brief description of each document, the date of the document, and the number of the first page of each document, as provided in (2) or (3) of this subsection, as appropriate; and (5) be filed separately from, but simultaneously with, the party's brief. (e) Materials never presented to the board and not part of the board's record on appeal may not be added to a party's excerpt of record {#sec-8-aac-57.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.180}

History

Authority: AS 23.30.008; AS 23.30.127
Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.190 Evidence. (a) The introduction of new or additional evidence is not permitted in an appeal, except as provided in AS 23.30.128(a) and (c). (b) If new or additional evidence is permitted, the commission is not bound by common law or statutory rules of evidence, except that rules of privilege apply to the same extent that they apply in the Alaska Court System. The chair may admit any evidence of the type on which a reasonable person might rely in the conduct of serious affairs. (c) The chair may (1) refuse to admit evidence that is unduly repetitious or likely to arouse prejudice or passion unrelated to the matter in issue; or (2) exclude any documentary, testimonial, or physical evidence that was not disclosed in advance of filing to all parties, unless the failure to disclose was due to surprise, newly discovered evidence that could not have been disclosed sooner through the exercise of due diligence, or the misconduct of a party. (d) If new or additional evidence is permitted, oral evidence may be taken only on oath or affirmation {#sec-8-aac-57.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.190}

History

Authority: AS 23.30.008; AS 23.30.125 AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197

8 AAC 57.200 Oral argument. (a) Unless otherwise ordered by the commission, oral argument will be held only as provided in this section. (b) Not later than 10 days after the date on which the reply brief is filed or due to be filed, or not later than 10 days after notice that a reply brief will not be filed, a party may request oral argument by filing a written request for oral argument. (c) Oppositions to requests for oral argument are not permitted. (d) If oral argument is requested, the chair will issue a written notice to the parties of the date and time for oral argument, and whether oral argument will be held in person, by means of telephone conference, by means of video conference, or in any combination of the three. (e) If the parties do not request oral argument, but the commission panel members have questions they would like addressed by the parties, the commission may schedule oral argument. (f) Unless otherwise ordered by the chair, the time permitted for oral argument is 30 minutes for each side, excluding the time devoted to responding to questions by the commission panel members. If there is more than one appellant or appellee, the parties must decide among themselves the apportionment of the 30 minutes of argument allotted to their side {#sec-8-aac-57.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.200}

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.210 Motions and stipulations. (a) One or more parties may request or apply for specific action by the chair or commission relating to an appeal or petition for review by filing (1) a motion; (2) an unopposed or joint motion; or (3) a stipulation signed by the parties. (b) Unless in this chapter a different time period is specified for oppositions or oppositions are not permitted, not later than 10 days after the date shown in the certificate of service, unless served by mail, of a motion under (a)(1) of this section, any other party may file an opposition to the motion. (c) Memoranda in support of or in opposition to a motion, including requests for exemption, as provided in 8 AAC 57.090, applications for stay, as provided in 8 AAC 57.100, and motions for attorney fees and costs, as provided in 8 AAC 57.260, must conform to the requirements for memoranda, as provided in 8 AAC 57.150(a) - (c), and also include (1) a brief, complete statement of the reasons in support of or in opposition to the motion; (2) an affidavit if the facts relating to the motion are not otherwise proven; (3) the points and authorities on which the moving party relies; and (4) a concise statement of the relief sought. (d) Except as otherwise provided in this chapter, the chair may rule on procedural motions. (e) The moving party may not file a reply to an opposition unless ordered to do so by the commission or chair {#sec-8-aac-57.210 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.210}

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.220 Final commission decision. The commission will issue a final decision, as provided in AS 23.30.128. In a final decision, the commission will include a statement that, if a party seeks review by the supreme court, a notice of appeal to the supreme court must be filed no later than 30 days after the date shown in the commission's notice of distribution of the final decision {#sec-8-aac-57.220 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.220}

History

Authority: AS 23.30.008; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197

8 AAC 57.230 Reconsideration. (a) A party may request reconsideration of a final commission decision or order by filing a motion, supported by an affidavit or other evidence of the specific grounds for reconsideration, as provided in AS 23.30.128(f), not later than 30 days from the commission's distribution of the final decision or order. (b) A party may request reconsideration of a non-final decision or order of the commission by filing a motion, supported by an affidavit or other evidence of the specific grounds for reconsideration, not later than 10 days after the commission's distribution of the non-final decision or order. (c) Oppositions to requests for reconsideration are not permitted unless requested by the chair {#sec-8-aac-57.230 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.230}

History

Authority: AS 23.30.008; AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.235 Commission clerk. (a) The commission clerk may not permit an original record of the commission, on paper or electronic media, to be removed from the commission's office, except as required by order of the chair or this chapter. The clerk shall maintain the record on appeal transferred from the board in the commission office during the pendency of the appeal, unless the chair orders the record on appeal to be returned to the board for (1) consideration of a settlement or other action that may resolve the appeal; or (2) other reasons to advance the prompt, fair, and orderly disposition of the appeal. (b) Unless otherwise ordered by the chair, the clerk shall return the record on appeal to the board not later than 45 days after the commission's final disposition of the appeal. If a party appeals the commission's decision to the supreme court, the clerk shall assemble the board's record on appeal and the commission's record on appeal, and transfer the complete, combined records to the clerk of the appellate courts. (c) On the filing of an appeal, the clerk shall request the board's appeals clerk to timely transfer (1) the board hearing recordings not previously transcribed; and (2) the entire board file, including all papers, exhibits, depositions, electronic records, electronic mail messages, records of walk-in and telephonic communications with claimants relied upon by the board, and transcripts of board hearing recordings previously transcribed. (d) The clerk shall prepare and issue to all parties and the board's appeals clerk a written docket notice stating the caption and number assigned to the appeal and a description of the documents filed with the notice of appeal. (e) The clerk shall coordinate with the appellant and the transcriptionist the preparation of transcripts of board hearing recordings not previously transcribed and designated by the parties, as provided in 8 AAC 57.120. (f) The clerk shall publish all final and memorandum decisions of the commission and all other orders that the chair or commission shall require to be published. The clerk shall certify that the published decision or order is the full text of the decision or order issued by the commission, noting if changes in format were made for publication or minor typographical or grammatical errors were corrected. (g) The clerk shall preserve copies of the recordings of commission hearings and make copies of the recordings as requested by a party or to comply with AS 40.25.100 - 40.25.295. (h) Motions for routine extensions of time may be ruled upon by the clerk without referral to the chair or commission panel. Unopposed non-routine motions for extensions of time may also be ruled upon by the clerk. The clerk may not determine a motion to extend the time for filing a notice of appeal or petition for review, nor determine a motion for extension of time to file a document if the time period for filing the document has already expired when the motion is filed. The clerk has the discretion to refer motions that may be determined by the clerk to the chair for decision {#sec-8-aac-57.235 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.235}

History

Authority: AS 23.30.008; AS 23.30.009
Eff. 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.240 Dismissal of appeals on settlement or motion of a party. (a) On the filing of an unopposed or joint motion, or on a stipulation signed by the parties, the chair may issue an order dismissing an appeal upon settlement. The unopposed or joint motion, or stipulation must (1) state the parties' agreement that the appeal be dismissed; (2) state the terms for allocating payment of fees and costs between the parties, including attorney fees and costs on appeal, as provided in AS 23.30.008(d); and (3) have an attached copy of the board-approved compromise and release agreement or settlement agreement if board approval of the settlement is required. (b) The chair may issue an order dismissing an appeal on motion by a party that (1) states the reasons for dismissal; (2) states the terms for allocating payment of fees and costs between the parties, including attorney fees and costs on appeal, as provided in AS 23.30.008(d); and (3) has an attached copy of the board-approved compromise and release agreement or settlement agreement if board approval of the settlement is required {#sec-8-aac-57.240 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.240}

History

Authority: AS 23.30.008; AS 23.30.009
Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.250 Dismissal of appeals for failure to prosecute. (a) If an appellant fails to comply with AS 23.30.125 - 23.30.128, fails to comply with this chapter, fails to pay the cost of preparing the transcripts, as provided in 8 AAC 57.120(i) and (j), or fails to comply with an order of the chair or commission, the chair will issue written notice to the appellant that specifies the nature of the failure and states that the appeal may be dismissed for failure to prosecute if the appellant fails to take appropriate corrective action not later than 20 days after the date shown in the certificate of distribution, unless distributed by mail, of the written notice. (b) If under (a) of this section the appellant fails to take appropriate corrective action, the chair may issue an order to the appellant to show good cause in writing, not later than 20 days after the date shown in the certificate of distribution of the order, unless distributed by mail, why the appeal should not be dismissed. (c) The commission may dismiss an appeal, with or without a hearing, on the failure of the appellant to show good cause under (b) of this section. (d) An appellee may request that an appeal be dismissed for failure to prosecute by filing a motion that states the grounds for requesting dismissal. (e) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of a motion for dismissal for failure to prosecute under (d) of this section, the appellant may file an opposition to the motion. (f) Following the filing of a motion under (d) of this section and any opposition under (e) of this section, the commission may issue an order dismissing an appeal for failure to prosecute, with or without a hearing. (g) Repealed 2/4/2024 {#sec-8-aac-57.250 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.250}

History

Authority: AS 23.30.008; AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.260 Motions for attorney fees and costs. (a) A party may request an award of attorney fees and costs on appeal by filing a motion no later than 10 days after the date shown in the commission's notice of distribution of the final decision. (b) A request under (a) of this section for an award of attorney fees must include an affidavit of the party's attorney itemizing the services performed, the amount of time devoted to those services, and the amount sought. (c) A request under (a) of this section for an award of costs must include an itemization of costs. (d) No later than 10 days after service of a motion for attorney fees and costs under (a) of this section, any other party may file an opposition to the motion. (e) The commission may award attorney fees and costs to a successful party on appeal, with or without a hearing, as provided in AS 23.30.008(d). (f) If a party is unsuccessful on appeal to the commission, yet successful on appeal to the supreme court, that party may request an award of attorney fees and costs for work performed before the commission by filing a motion not later than 10 days after the date shown in the supreme court's notice of distribution of its decision. (g) If an appeal to the supreme court is filed before a successful party files a motion for attorney fees for work performed before the commission, and that party also prevails in the supreme court appeal, that party may request an award of attorney fees and costs for work performed before the commission by filing a motion not later than 10 days after the date shown in the supreme court's notice of distribution of its decision. (h) If an appeal to the supreme court is filed before the commission rules on a successful party's motion for attorney fees and costs for work performed before the commission already filed with the commission, and if the successful party prevails in the supreme court appeal, the successful party shall refile the prior motion for attorney fees and costs for work performed before the commission not later than 10 days after the date shown in the supreme court's notice of distribution of its decision {#sec-8-aac-57.260 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.260}

History

Authority: AS 23.30.008; AS 23.30.127; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.270 Relaxation of rules. (a) In an appeal or petition for review, the chair or commission may order time periods or procedures that differ from time periods or procedures specified in this chapter, if (1) strict adherence to time periods or procedures specified in this chapter would cause injustice; and (2) the change would assist in facilitating the business of the commission or advance the prompt, fair, and just disposition of appeals and petitions for review. (b) The chair will issue written notice of a change ordered by the chair or commission under (a) of this section to the parties to an appeal or petition for review affected by the change {#sec-8-aac-57.270 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.270}

History

Authority: AS 23.30.008; AS 23.30.127 AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249

8 AAC 57.990 Definitions. In this chapter, unless the context otherwise requires, (1) "board" means the Alaska Workers' Compensation Board; (2) "chair" means the executive officer of the commission, as provided in AS 23.30.007 and 23.30.009; (3) "commission" means the Workers' Compensation Appeals Commission; (4) "director" has the meaning given in AS 23.30.395; (5) repealed 3/27/2011; (6) repealed 3/27/2011; (7) "legal holiday" has the meaning given in AS 44.12.010; (8) "motion" means a formal request or application by a party for specific action by the chair or commission relating to an appeal or petition for review (A) orally, in the presence of all other parties; or (B) in writing, served on all other parties; (9) "panel" means the three-member panel of the commission as provided in AS 23.30.128; (10) repealed 3/27/2011; (11) repealed 3/27/2011 {#sec-8-aac-57.990 omnilex-key=us-ak-regs-official--title-8--8 AAC 57.990}

History

Authority: AS 23.30.007; AS 23.30.125; AS 23.30.395 AS 23.30.008; AS 23.30.127 AS 23.30.009; AS 23.30.128
Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249

Part 4 Occupational Safety and Health Division

Chapter 61 Occupational Safety and Health

Article 1 Adoption of Standards

8 AAC 61.010 Standards {#sec-8-aac-61.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.010}

Repealed.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 6/30/73, Register 46; am 9/26/74, Register 51; am 5/7/75, Register 54; am 11/22/75, Register 56; am 3/27/76, Register 57; am 5/7/76, Register 58; am 8/11/76, Register 59; am 9/30/76, Register 59; am 12/16/76, Register 60; am 4/23/77, Register 62; am 1/26/78, Register 65; am 8/21/78, Register 67; am 11/19/78, Register 68; am 12/24/78, Register 68; am 5/2/79, Register 70; am 10/21/79, Register 72; am 6/13/80, Register 74; am 7/25/80, Register 75; am 8/23/80, Register 75; am 5/30/82, Register 82; am 12/16/82, Register 84; am 3/20/83, Register 85; am 3/25/83, Register 85; am 6/26/83, Register 86; am 9/30/83, Register 87; am 2/19/84, Register 89; am 6/16/84, Register 90; am 9/12/84, Register 91; am 12/16/84, Register 92; am 2/1/85, Register 93; am 6/9/85, Register 94; am 1/8/86, Register 97; am 5/10/86, Register 98; am 7/12/86, Register 99; am 1/9/87, Register 101; am 1/11/87, Register 101; am 1/16/87, Register 101; am 1/18/87, Register 101; am 1/30/87, Register 101; am 4/15/87, Register 102; am 6/18/87, Register 102; am 8/13/87, Register 103; am 10/14/87, Register 104; addt'l am 10/14/87, Register 104; am 12/13/87, Register 104; am 3/26/88, Register 105; am 3/30/88, Register 105; am 4/21/88, Register 106; am 5/22/88, Register 106; am 6/19/88, Register 106; am 9/1/88, Register 107; am 9/30/88, Register 107; am 10/1/88, Register 107; am 2/4/89, Register 109; am 4/21/89, Register 110; am 5/21/89, Register 110; am 8/23/89, Register 111; am 2/28/90, Register 113; am 5/12/90, Register 114; am 8/8/90, Register 115; addt'l am 8/8/90, Register 115; addt'l am 8/8/90, Register 115; am 8/10/90, Register 115; am 9/12/90, Register 115; am 9/30/90, Register 115; addt'l am 9/30/90, Register 115; am 12/27/90, Register 116; am 1/2/91, Register 116; am 4/3/91, Register 118; am 7/24/91, Register 119; am 7/26/91, Register 119; am 7/31/91, Register 119; am 8/8/91, Register 119; am 8/28/91, Register 119; am 11/24/91, Register 120; am 11/27/91, Register 120; am 7/2/92, Register 122; am 8/7/92, Register 123; am 9/20/92, Register 123; am 10/24/92, Register 124; am 6/4/93, Register 126; am 6/5/93, Register 126; am 11/14/93, Register 128; am 2/18/94, Register 129; am 2/25/94, Register 129; am 7/9/94, Register 131; am 9/14/94, Register 131; am 2/2/95, Register 133; am 3/16/95, Register 133; repealed 12/6/95, Register 136) (Eff. 12/6/95, Register 136; am 3/27/96, Register 137; am 10/4/97, Register 144; am 2/15/2001, Register 157; am 10/6/2002, Register 164; am 11/29/2017, Register 224; am 6/21/2018, Register 226

Article 2 Inspections, Citations, and Proposed Penalties

8 AAC 61.020 Inspections {#sec-8-aac-61.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.020}

(a) The right of entry to conduct inspections will be exercised in accordance with AS 18.60.083. For the purposes of AS 18.60.083, "appropriate credentials" means an employee identification card indicating that the person is an employee of the department.

(b) Upon refusal to permit a department representative, in the exercise of official duties, to enter without delay and at reasonable times, any place of employment, to inspect, review records, or to question any employer, owner, operator, agent, or employee in accordance with AS 18.60.083, or to permit an employee representative to accompany the department representative during the physical inspection of any workplace in accordance with AS 18.60.087, the department representative shall end the inspection or confine it to other areas where permission to inspect is granted. The department representative shall try to find out the reason for being denied permission to inspect, and immediately report those findings to the director. The director shall consult with the Department of Law regarding appropriate action, including compulsory process, if necessary. If compulsory process is relied on to seek entry to a workplace under this section, an ex parte inspection warrant is the preferred form.

(c) Compulsory process may be sought before an attempted inspection or investigation if, in the judgment of the director and the assistant attorney general, circumstances exist which make such preinspection process desirable or necessary. Some examples of circumstances in which it may be desirable or necessary to seek compulsory process before an attempt to inspect or investigate include

(1) when the employer's past practice either implicitly or explicitly puts the department on notice that a warrantless inspection will not be allowed;

(2) when circumstances exist that would, as determined by the director, require considerable expenditure of time and money to return to the office for the purpose of obtaining a warrant; or

(3) when an inspection includes the use of special equipment or when the presence of an expert is needed in order to properly conduct the inspection, and procuring a warrant before attempting to inspect would alleviate the difficulties or costs encountered in coordinating the availability of that equipment or expert.

(d) Department representatives will, in their discretion, take environmental samples and take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator, agent or employee of an establishment. As used in this subsection, the term "employ other reasonable investigative techniques" includes using devices to measure employee exposures and attaching personal sampling equipment such as dosimeters, pumps, badges, and other similar devices to employees in order to monitor their exposures.

(e) At the beginning of the inspection the department's representative shall explain the nature, purpose, and scope of the inspection and which employer records required by this chapter the department's representative intends to review. However, this explanation does not preclude expansion of the scope of the inspection or access to additional employer records required by this chapter.

(f) In taking photographs and samples, the department's representative shall take reasonable precautions to ensure that actions with flash, spark-producing, or other equipment will not be hazardous. The department's representative shall comply with all employer safety and health rules and use appropriate protective clothing and equipment.

(g) At the conclusion of the inspection, the department's representative shall confer with the employer or employer's representative and informally discuss any apparent safety or health violations identified during the inspection. During this conference, the employer may bring to the attention of the department's representative any pertinent information regarding conditions of the workplace.

History

Authority: AS 18.60.020; AS 18.60.083 AS 18.60.075; AS 18.60.087 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 11/25/75, Register 56; am 3/31/82, Register 81; am 10/2/83, Register 87; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136; am 6/21/2018, Register 226

8 AAC 61.030 Objections to inspections {#sec-8-aac-61.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.030}

Upon refusal to permit the department's representative, in the exercise of official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, review records, or to question an employer, owner, operator, agent in charge, or employee in accordance with 8 AAC 61.020, the department's representative shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records, or interviews concerning which no objections are raised. The department's representative shall endeavor to ascertain the reason for the refusal and immediately report the refusal and the reason for it to the commissioner or the commissioner's authorized designee. In the event of a refusal of entry for inspection, the department may seek an appropriate order from the superior court compelling entry and inspection.

History

Authority: AS 18.60.020; AS 18.60.083 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136; am 6/21/2018, Register 226

8 AAC 61.040 Advance notice of inspections {#sec-8-aac-61.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.040}

No advance notice of inspection will be given, except in the following situations:

(1) in cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible;

(2) in circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection;

(3) if necessary to assure the presence of one or more representatives of the employer or employees or the appropriate personnel needed to aid in an effective inspection;

(4) in other circumstances where the commissioner or the commissioner's designee determines that providing advance notice would enhance the probability of an effective and thorough inspection.

History

Authority: AS 18.60.020; AS 18.60.085 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136; am 10/19/96, Register 140

8 AAC 61.050 Representatives of the employers and employees {#sec-8-aac-61.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.050}

(a) A representative of the employer and a representative authorized by the employees will be given an opportunity to accompany the department's representative during the inspection of any place of employment for the purpose of aiding the inspection. Additional employer representatives and additional representatives authorized by employees may accompany the department's representative if the department's representative determines that additional employer and employee representatives will further aid the inspection. Different employer and employee representatives may accompany the department's representative during each different phase of an inspection if this will not interfere with the inspection.

(b) The department's representative shall resolve all disputes as to who is the representative authorized by the employer or employees. If there is no authorized representative of employees, or if the department's representative is unable to determine with reasonable certainty who is the representative, the department's representative shall interview a reasonable number of employees concerning matters of safety and health in the workplace.

(c) The department's representative may deny the right of accompaniment to any person whose conduct interferes with a fair and orderly inspection. The right of accompaniment in areas containing trade secrets is subject to AS 18.60.099. With regard to information classified by an agency of the United States government in the interest of national security, only persons authorized to have access to this information may accompany a department representative in areas containing the information.

History

Authority: AS 18.60.020; AS 18.60.087 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136; am 11/29/2017, Register 224

8 AAC 61.060 Trade secrets {#sec-8-aac-61.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.060}

(a) At the commencement of an inspection the employer must identify areas of work that contain or that might reveal a trade secret. If the department's representative has no reason to question that identification, information obtained in those areas, including all negatives and prints of photographs, digital images, and environmental samples, will be labeled "Confidential Trade Secret" and will not be disclosed except in accordance with AS 18.60.099.

(b) Upon the request of an employer, the employees' representative authorized by 8 AAC 61.050, in an area containing trade secrets, will be an employee in that area or an employee authorized by the employer to enter that area. Where there is no representative of employees, the department representative will consult with a reasonable number of employees who work in that area concerning matters of safety and health.

History

Authority: AS 18.60.020; AS 18.60.099 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136

8 AAC 61.070 Consultation with employees {#sec-8-aac-61.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.070}

The department's representative may consult with employees concerning matters of occupational safety and health to the extent determined necessary for an effective and thorough inspection. During the course of an inspection, employees will be afforded an opportunity to bring any violations of AS 18.60.010 - 18.60.105, this chapter, or other applicable law that exist in the place of employment to the attention of the department's representative.

History

Authority: AS 18.60.020; AS 18.60.087 AS 18.60.083; AS 18.60.088 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136

8 AAC 61.080 Special inspection {#sec-8-aac-61.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.080}

(a) An employee or a representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm or that an imminent danger exists may request an inspection by giving notice of the violation or danger to the department. The notice must be in writing setting out with reasonable particularity the grounds for the notice, and must be signed by the employee or the representative of employees. Special inspections will be made in accordance with AS 18.60.088.

(b) If upon receipt of a notice under (a) of this section the department determines that the complaint meets the requirement of that subsection and that there are reasonable grounds to believe that the alleged violation exists, the department will conduct an inspection as soon as practicable to determine if the alleged violation exists. Inspections under this section will not necessarily be limited to matters referred to in the complaint.

(c) Before or during any special inspection of a place of employment, an employee or representative of employees may inform the department's representative of any violation of AS 18.60.010 - 18.60.105 or regulations, standards, rules or orders promulgated pursuant to those statutes which exist in the place of employment.

(d) The party requesting a special inspection will be informed of the results of the special inspection.

History

Authority: AS 18.60.020; AS 18.60.088 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 1/26/78, Register 65; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136

8 AAC 61.090 Special inspection, review {#sec-8-aac-61.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.090}

(a) If after conducting a special inspection the department does not issue a citation, and within 30 days after the special inspection, the department will inform in writing the person giving notice under 8 AAC 61.080(a) of the reason that a citation was not issued. The notifying party may obtain a review of the department's declining to issue a citation by submitting a written statement of position to the director within 30 days after receiving notification that a citation was not issued. Within 15 days after receiving the statement of position, the director shall provide a determination to the person requesting the review.

(b) If the department determines, based on the notice given under 8 AAC 61.080(a) that there are no reasonable grounds to believe that a violation of a safety or health regulation exists, and does not conduct a special inspection, the notifying party will be informed in writing of the reason a special inspection was not conducted within 30 days. Review of the department's declining to conduct a special inspection may be obtained by the notifying party by submitting a written statement of position to the director within 30 days after receiving notification that a special inspection was not conducted. Within 15 days after receiving the statement of position, the director shall provide a determination to the person requesting the review.

(c) If the director upholds the department's declining to issue a citation or declining to conduct a special inspection, the notifying party may obtain a review of the director's determination by submitting a written statement of position to the commissioner within 10 days after receipt of the director's determination. The commissioner may affirm, modify, or reverse the director's determination. The commissioner will provide a final disposition to the notifying party within 15 days after receipt of the request for review of the director's determination.

History

Authority: AS 18.60.020; AS 18.60.088 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136

8 AAC 61.100 Imminent danger {#sec-8-aac-61.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.100}

(a) When a representative of the department concludes that in a place of employment a condition or practice exists that creates an imminent danger, the representative shall immediately ask the commissioner or the commissioner's authorized designee to issue an order restraining the condition or practice creating the imminent danger. If a restraining order is issued, the representative shall post it immediately and prominently at or near the condition or practice that creates the imminent danger.

(b) When the department's representative concludes that a condition or practice exists that creates an imminent danger, the representative shall immediately inform the employer, employees, and the employees' authorized representative, if known and readily available, of the danger and the action taken or recommended. For the purpose of this subsection, verbal notice is sufficient.

(c) Appropriate citations and notices of proposed penalties may be issued with respect to an imminent danger, even though after notice of the danger the employer immediately eliminates the immediacy of the danger and institutes steps to abate it.

(d) An imminent danger is a condition or practice in a place of employment which could reasonably be expected to cause death or serious physical harm, either immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter.

History

Authority: AS 18.60.020; AS 18.60.096 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136; am 10/4/97, Register 144; am 9/27/98, Register 147; am 11/29/2017, Register 224

8 AAC 61.110 Citations {#sec-8-aac-61.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.110}

(a) If on the basis of an inspection the department believes that the employer has violated a requirement of AS 18.60.010 - 18.60.105 or any regulation, standard, rule, or order promulgated pursuant thereto, the department will with reasonable promptness issue a citation to the employer. The contents of the citation will conform with the requirements of AS 18.60.091.

(b) A citation will be issued for every violation that has a direct or immediate relationship to employee safety or health. The citation will be issued even though after notice of the violation the employer immediately abates or initiates steps to abate the violation.

History

Authority: AS 18.60.020; AS 18.60.091 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136; am 11/29/2017, Register 224; am 6/21/2018, Register 226

8 AAC 61.120 Posting of citations {#sec-8-aac-61.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.120}

(a) Upon receipt of a citation issued under 8 AAC 61.110, the employer shall immediately post the citation, or an unedited copy of the citation, at or near each place an alleged violation referred to in the citation occurred. If because of the nature of the employer's operation it is not practicable to post a citation at or near each place of alleged violation, the citation shall be posted in a prominent place where it will be readily observable by all affected employees. The employer shall take steps to ensure the citation is not altered, defaced, or covered by other material.

(b) Each citation must remain posted until the violation has been abated, or for five working days, whichever is later. The filing by the employer of a notice of intention to contest under 8 AAC 61.150 does not affect posting responsibilities under this section unless or until the board issues a final order vacating the citation.

(c) An employer who has filed a notice of intention to contest under 8 AAC 61.150 may post in the same location as the citation a notice that the citation is being contested before the board. The notice may explain the reasons for the contest and may indicate what specific steps have been taken to abate employee exposure to the alleged violation.

History

Authority: AS 18.60.020; AS 18.60.091
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207

8 AAC 61.130 Failure to abate a violation for which a citation has been issued {#sec-8-aac-61.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.130}

If the commissioner has reason to believe that an employer has failed to correct, within the abatement period fixed by the citation, a violation of AS 18.60.010 - 18.60.105, or any regulation, standard, rule or order promulgated pursuant thereto, for which a citation has been issued, the commissioner will notify the employer by certified mail of the failure. The notice may contain an additional penalty proposed to be assessed because of the failure to abate.

History

Authority: AS 18.60.020; AS 18.60.095
Eff. 1/10/75, Register 53

8 AAC 61.135 Petitions for modification of abatement period {#sec-8-aac-61.135 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.135}

(a) An employer may file a petition for modification of an abatement date when that employer has made a good faith effort to comply with the abatement requirements of a citation, but the abatement has not been completed because of factors beyond the employer's reasonable control.

(b) A petition for modification of an abatement date must be in writing and must include the following information:

(1) all steps taken by the employer and the dates of that action, in an effort to achieve compliance during the prescribed abatement period;

(2) the specific additional abatement time necessary in order to achieve compliance;

(3) the reasons the additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date;

(4) all available interim steps being taken to safeguard the employees against the cited hazard during the abatement period;

(5) a certification that a copy of the petition has been posted and, if appropriate, served on the authorized representative of affected employees, in accordance with (d) of this section, and a certification of the date upon which the posting and service were made.

(c) A petition for modification of an abatement date must be filed with the director no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition must be accompanied by the employer's statement of exceptional circumstances explaining the delay.

(d) At the time of filing the petition with the director, a copy of the petition must be posted in a conspicuous place where all affected employees will have notice of it or near each location where the violation occurred. The petition must remain posted for a period of 10 days. Where affected employees are represented by an authorized representative, the representative must be served with a copy of the petition.

(e) Affected employees or their representatives may file an objection in writing to the petition with the director. Failure to file an objection within 10 working days of the date of posting of the petition or of service upon an authorized representative will constitute a waiver of any further right to object to the petition.

(f) The commissioner or the commissioner's authorized designee will not act on the petition until at least 15 working days after the petition was filed with the director.

(g) If a petition is objected to by the commissioner, the commissioner's authorized designee, or affected employees, the petition, citation, and any objections will be forwarded to the board for a hearing and decision on the petition within three days after the expiration of the 15-day period set out in (f) of this section.

(h) An employer whose petition for modification of an abatement date is heard by the board will have the burden of proof to demonstrate that it has made a good-faith effort to comply with the abatement requirements of the citation but that abatement has not been completed because of factors beyond the employer's reasonable control.

History

Authority: AS 18.60.020; AS 18.60.093
Eff. 11/22/75, Register 56; am 1/4/78, Register 64; am 2/1/85, Register 93; am 7/28/2013, Register 207

8 AAC 61.140 Assessment of penalties for citations {#sec-8-aac-61.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.140}

(a) The commissioner or the commissioner's authorized designee may assess a civil penalty when the department issues a citation under 8 AAC 61.110. The commissioner or the commissioner's authorized designee will assess a penalty for any violation classified as a serious, repeat, willful, or failure-to-abate violation. The commissioner or the commissioner's authorized designee may assess a penalty for any violation classified as other than serious.

(b) The commissioner or the commissioner's authorized designee may assess civil penalties for violations of AS 18.60.010 - 18.60.105, except as adjusted under (j) of this section, the penalty

(1) for a willful or repeated violation under AS 18.60.095(a) may not exceed $129,336; except that when a settlement is negotiated, the penalty for a willful violation may not be less than $9,239;

(2) for a serious violation under AS 18.60.095(b) may not exceed $12,934;

(3) for an other-than-serious violation under AS 18.60.095(c) may not exceed $12,934;

(4) for failure to correct a violation under AS 18.60.095(d) is $12,934 for each day during which the failure to correct the violation continues;

(5) for a posting violation under AS 18.60.095(g) is $12,934.

(d) The commissioner or the commissioner's authorized designee will determine the amount of any proposed penalty, giving due consideration to the size of the employer's business, gravity of the violation, good faith of the employer, and the employer's previous history of violations of AS 18.60.010 - 18.60.105. The commissioner or authorized designee also may consider the recommendations of a representative of the department who has consulted with the employer concerning the factors that the commissioner or authorized designee may consider in assessing a penalty.

(e) The commissioner or the commissioner's authorized designee will notify the employer of the penalty proposed according to the requirements set out in AS 18.60.093. A notice will be sent even if no penalty is proposed.

(f) The commissioner or the commissioner's authorized designee may propose a penalty with respect to an alleged serious violation even though the employer immediately abates the alleged violation .However, an employer who demonstrates immediate abatement of an alleged violation and requests an informal conference is eligible for a 30- to 50-percent reduction through an informal settlement agreement signed before the expiration of the 15-working-day period established in AS 18.60.093(a) for a notice of contest.

(g) Failure to abate a violation within the period allowed by the department will subject the employer to liability on the full amount of the proposed penalty as well as a possible additional proposed penalty, as provided by 8 AAC 61.130.

(h) In deciding cases contested under 8 AAC 61.150 - 8 AAC 61.220, the board is not bound by the department's classification of a violation or the commissioner's or the commissioner's authorized designee's assessment of a penalty for a violation.

(i) Repealed 7/28/2013.

(j) The minimum and maximum penalties in subsection (b)(1) through (5) of this section are adjusted annually under 29 C.F.R. 1903.15 based on the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics. The adjusted minimum and maximum penalties will be published annually by the department in the Alaska Occupational Safety and Health Civil Penalties pamphlet on or before February 1 and will apply to penalties assessed beginning on February 1 of that same calendar year through January 31 of the next calendar year.

History

Authority: AS 18.60.020; AS 18.60.091; AS 18.60.095
Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 11/12/93, Register 128; am 3/27/96, Register 137; am 9/27/98, Register 147; am 10/6/2002, Register 164; am 7/28/2013, Register 207; am 10/20/2018, Register 228

8 AAC 61.142 Abatement verification {#sec-8-aac-61.142 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.142}

(a) 29 C.F.R. 1903.19, as amended is adopted by reference, except as provided in (b) and (c) of this section.

(b) 29 C.F.R. 1903.19(b)(4)(ii), as amended, is revised to read: 'Final order date for a contested citation means the 30th day after the date on which the Alaska Occupational Safety and Health Review Board issues its decision or order disposing of all or pertinent part of a case. If a decision of the Alaska Occupational Safety and Health Review Board is stayed under Rule 603 of the Alaska Rules of Appellate Procedure, the final order date means the date that the court issues its decision affirming the violation."

(c) Unless the context in which a term is used clearly requires a different meaning, the following revisions are necessary to make requirements adopted by reference in (a) of this section technically feasible in this state:

(1) all references to "29 C.F.R. 1903.16" are revised to read "8 AAC 61.120";

(2) all references to "Occupational Safety and Health Act of 1970" are revised to read "AS 18.60.010 - 18.60.105";

(3) all references to "OSHA" are revised to read "Alaska Occupational Safety and Health (AKOSH)";

(4) all references to "Occupational Safety and Health Review Commission" are revised to read "Alaska Occupational Safety and Health Review Board"; and

(5) all references to "Area Director" are revised to read "director of the Division of Labor Standards & Safety."

History

Authority: AS 18.60.020; AS 18.60.091; AS 18.60.095
Eff. 9/27/98, Register 147

8 AAC 61.145 Abatement period for contested violations {#sec-8-aac-61.145 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.145}

The period for abatement of a violation does not begin until the issuance of a final order by the review board in any review proceedings initiated by the employer in good faith and not solely for delay or avoidance of penalties.

History

Authority: AS 18.60.020; AS 18.60.093 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/26/78, Register 65) (Eff. 2/15/2001, Register 157; am 11/29/2017, Register 224

8 AAC 61.150 Notice of contest {#sec-8-aac-61.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.150}

(a) A citation, notice of proposed penalty, or notice of abatement date is final unless the employer, an affected employee, or an authorized employee representative files a notice of contest. An affected employee or an authorized representative may contest only abatement dates.

(b) A notice of contest must be in writing and must be postmarked, received by facsimile transmission, received by electronic mail, or personally delivered to the department within 15 working days after receipt by the employer of the citation, notice of proposed penalty, or notice of abatement date. A notice of contest must contain

(1) a specification of the citation, proposed penalty, or abatement date being contested;

(2) a concise statement of fact giving the reason for the contest; and

(3) any views or arguments on any issue of fact or law presented.

(c) For the purposes of this section, the term "proposed penalty" includes a notice of assessment of additional penalty for failure to abate.

(d) Mailing or personally delivering a notice of contest to the department, or receipt by the department of a notice of contest by facsimile transmission or electronic mail, satisfies the requirement of filing the notice of contest with the board. The department will transmit the notice of contest to the board or its authorized designee in accordance with procedures that the board may establish. If a notice of contest is filed by an employer, a copy of it must be mailed or personally delivered by the employer to any authorized employee representatives and must be posted at the place of employment where notices to employees are customarily posted. If a notice of contest is filed by an employee or employee representative, a copy of it must be mailed or personally delivered by the employee or employee representative to the employer.

(e) Repealed 12/2/94.

(f) A notice of contest that is not timely filed in accordance with this section must include a statement of the reasons why the notice of contest was untimely filed. The department will promptly transmit a late notice of contest to the board and will state in writing whether it opposes the board's acceptance of the late notice of contest. After review of the submissions, the board shall issue a written order accepting or rejecting the late notice of contest.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 1/4/78, Register 64; am 10/2/83, Register 87; am 12/2/94, Register 132; am 7/28/2013, Register 207) (Eff. 12/6/95, Register 136

8 AAC 61.155 Informal conference {#sec-8-aac-61.155 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.155}

(a) Within 15 working days after receipt of a citation, an affected employer, employee, or employee representative may request the director or the director's authorized designee to hold an informal conference to review and discuss any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest.

(b) During the conference, the director or the director's authorized designee, acting for the commissioner, may change the citation, proposed penalty, or abatement dates.

(c) If the conference is requested by the employer, affected employees or their representative may be afforded an opportunity to participate, at the discretion of the director. If the conference is requested by an employee or representative of employees, the employer may be afforded an opportunity to participate, at the discretion of the director.

(d) Any party may be represented by counsel at the informal conference.

(e) An informal conference or request for an informal conference does not operate as a stay of any 15-working-day period for filing a notice of intention to contest prescribed in AS 18.60.093(e).

History

Authority: AS 18.60.020; AS 18.60.091
Eff. 11/22/75, Register 56; am 7/28/2013, Register 207

Article 3 Occupational Safety and Health Review Board

8 AAC 61.160 Powers and duties of the board {#sec-8-aac-61.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.160}

(a) When a notice of contest is filed in accordance with 8 AAC 61.150, the board shall conduct a full and impartial hearing.

(b) During the course of the proceedings in a contested case, the board may

(1) administer oaths and affirmations;

(2) hold conferences for the settlement or simplification of the issues by consent of the parties;

(3) make, or cause to be made, an inspection of the place of employment involved; and

(4) issue subpoenas to compel the attendance of witnesses and the production of records.

(1) rule upon offers of proof and receive relevant evidence;

(2) rule upon discovery requests and determine their scope;

(3) regulate the course of the hearing and the conduct of the parties and their counsel; and

(4) consider and rule upon procedural requests.

(d) A board member may not discuss the merits of any pending matter with any person or party unless notice and an opportunity to participate is given to all parties.

(e) A board member may disqualify himself or herself from participating in a hearing by giving notice to the remaining board members.

(f) A party may request disqualification or removal of a board member. The party shall file with the board a motion requesting disqualification or removal of a board member. A motion to disqualify must be supported by an affidavit setting forth the reasons why the board member should be disqualified from participating or continuing to participate in the proceedings. The challenged board member may not vote on the motion. The motion to disqualify will be granted only if both of the other board members vote to disqualify the challenged board member.

(g) A quorum of the board consists of two members. If only two board members hear a case and, after deliberation, are unable to reach a decision, the absent board member shall review the entire record and shall deliberate with the other board members to reach a decision in the case.

(h) The board may authorize a hearing officer to preside over contested cases, including ruling on prehearing motions, discovery disputes, and procedural requests, issuing subpoenas, regulating the course of the hearing, ruling on evidentiary matters, preparing decisions and orders for the board's review and performing other acts requested by the board.

History

Authority: AS 18.60.020; AS 18.60.093 AS 18.60.057; AS 23.05.050 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 1/4/78, Register 64; am 12/2/94, Register 132) (Eff. 12/6/95, Register 136

8 AAC 61.165 Filing and service of documents {#sec-8-aac-61.165 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.165}

(a) Documents filed with the board must be mailed or electronically delivered to the Alaska Occupational Safety and Health Review Board. The date of filing is the date of receipt of the documents by the board.

(b) When a party files documents with the board, the party shall mail, electronically deliver, or personally deliver copies of the documents to all parties of record. Documents filed with the board must be accompanied by a statement giving the names of all parties served and the date and manner of service.

(c) Documents may be filed with the board or served on a party by means of facsimile transmission or electronic mail. Copies of all documents filed by facsimile transmission or electronic mail must be concurrently delivered to the board and to all parties of record. The date of filing is the date of receipt by the board.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093
Eff. 12/2/94, Register 132; am 11/29/2017, Register 224

8 AAC 61.170 Rules of procedure {#sec-8-aac-61.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.170}

(a) The rules of procedure in this chapter govern the proceedings for notices of contest before the board. In the absence of a specific provision, procedure is governed by the rules of civil procedure. The board may make other rulings of procedure in a specific case if the board finds that the ruling is necessary for the fair and orderly conduct of the proceeding.

(b) The board's rules of procedure are intended to facilitate business and promote a speedy and just resolution of contested cases. The board may relax the rules of procedure if strict adherence to them would work an injustice to one or more of the parties.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 1/4/78, Register 64; am 1/26/78, Register 65; am 12/31/80, Register 76; am 12/2/94, Register 132) (Eff. 12/6/95, Register 136

8 AAC 61.175 Pleadings and parties {#sec-8-aac-61.175 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.175}

(a) Not later than 30 days after receipt by the department of a timely notice of contest, if the matter has not been settled or otherwise resolved, the department will file a complaint with the board. The complaint must specify the alleged violations, proposed penalties, and abatement dates that are contested. A copy of the complaint must be mailed, electronically delivered, or personally delivered to the party filing the notice of contest and to all parties of record.

(b) Not later than 30 days after receipt of the department's complaint, the party against whom the complaint was issued shall file an answer with the board. The answer must contain a statement responding to the allegations in the department's complaint and must include any affirmative defenses known to the party. A copy of the answer must be mailed, electronically delivered, or personally delivered to the department and to all parties of record.

(c) An employer, affected employee, or authorized employee representative, who has not filed a notice of contest, may participate as a party in the proceedings before the board by filing a written notice of participation with the board at least 20 days before the hearing. The notice of participation must contain the name, address, and telephone number of the employer, affected employee, or authorized employee representative requesting to participate as a party and must be mailed, electronically delivered, or personally delivered to all parties of record. Failure to give notice of participation as a party does not prevent an employer, affected employee, or authorized employee representative, from attending the hearing or testifying as a witness for a party to the hearing.

(d) A party may appear in person or through an attorney. The board may allow a person who is not an attorney to assist a party, for no compensation, in the presentation of the party's case. A corporation may be represented by an authorized officer or agent.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093
Eff. 12/2/94, Register 132; am 11/29/2017, Register 224

8 AAC 61.180 Prehearing conferences {#sec-8-aac-61.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.180}

(a) Upon a motion by any party, or on its own motion, the board may require the parties to participate in a prehearing conference for the purpose of clarifying and simplifying the issues or procedures in a contested case. At the prehearing conference, the board may require the parties to

(1) state their positions on the issues in dispute;

(2) submit witness and exhibit lists;

(3) address any disputes regarding discovery of information;

(4) discuss scheduling matters that will facilitate the hearing process; and

(5) discuss any other matter that may expedite the proceedings and assure a just conclusion.

(b) After a prehearing conference, the board may issue an order regarding matters discussed at the conference and setting out the procedures to be followed at the hearing. The order controls the subsequent course of the proceedings unless modified by the board.

(c) At any stage of the proceedings in a contested case, the parties may enter into stipulations regarding issues, facts, applicable law, witnesses, exhibits, or any other relevant matters. A stipulation must be submitted in writing to the board unless it is made verbally on the record in a board proceeding.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093 Statutory Authority Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; am 1/4/78, Register 64; am 12/2/94, Register 132) (Eff. 12/6/95, Register 136

8 AAC 61.185 Withdrawal of citations, proposed penalty, or notices of contest {#sec-8-aac-61.185 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.185}

(a) The department may withdraw a citation or proposed penalty at any stage in the proceedings in a contested case. If a citation or proposed penalty is withdrawn before the hearing in a contested case, a notice of withdrawal must be submitted in writing to the board and copies must be mailed, electronically delivered, or personally delivered to all parties of record. In addition, the employer shall mail, electronically deliver, or personally deliver a copy of the notice of withdrawal to any authorized employee representatives and shall post a copy of the notice of withdrawal, for not less than 10 days, at the place of employment where notices to employees are customarily posted. Proof of the mailing or delivery and posting at the place of employment must be made by the employer in an affidavit submitted to the board.

(b) An employer, affected employee, or authorized employee representative that has filed a notice of contest may withdraw the notice of contest at any stage in the proceedings in a contested case. A notice of withdrawal must be submitted in writing to the board and copies must be mailed, electronically delivered, or personally delivered to all parties of record.

(c) Upon the filing of a notice of withdrawal of a citation, proposed penalty, or notice of contest, the board shall issue an order dismissing the case.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093
Eff. 12/2/94, Register 132; am 11/29/2017, Register 224

Repealed.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.075
Eff. 1/10/75, Register 53; repealed 12/2/94, Register 132) (Eff. 12/6/95, Register 136

8 AAC 61.195 Settlements {#sec-8-aac-61.195 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.195}

(a) At any stage in the proceedings in a contested case, the parties may enter into a settlement agreement disposing of part or all of a contested case. A settlement agreement must be in writing and must be filed with the board.

(b) A settlement agreement must include:

(1) an attached copy of each citation being settled;

(2) a statement of the terms of settlement for each citation being settled;

(3) evidence or documentation of abatement for each citation affirmed under the settlement agreement;

(4) a statement of any contested citations or issues that remain for hearing;

(5) a statement that, unless the abatement date is opposed and a hearing is scheduled under (d) of this section, the board shall enter a final order having the same force and effect as a final order made after a hearing;

(6) an affidavit completed by the employer verifying that a copy of the settlement agreement was mailed, electronically delivered, or personally delivered to any authorized employee representatives and was posted for not less than 10 days at the place of employment where notices to employees are customarily posted; and

(7) a waiver of any further proceedings before the board or the department concerning a citation settled under this section.

(c) A settlement agreement mailed, electronically delivered, or personally delivered to an authorized employee representative and posted at the place of employment must include a cover page containing the following language:

NOTICE OF SETTLEMENT OF ALASKA OSH CITATION

Attached is a settlement agreement concerning occupational safety and health citations issued by the Alaska Department of Labor and Workforce Development. Any affected employee or authorized employee representative may object to the reasonableness of any abatement dates in the settlement agreement by giving written notice of the objection not later than 15 days after the receipt or posting of the settlement agreement. Notice of objection to the reasonableness of the abatement date must be mailed, electronically delivered, or personally delivered to the Alaska Occupational Safety and Health Review Board, P. O. Box 111149, Juneau, Alaska 99811-1149; facsimile transmission (fax) number (907) 269-4950; electronic mail address Osh.review.board@alaska.gov. Upon receipt of an objection, the board may schedule a conference or hearing and issue an order regarding the abatement date.

(d) Upon receipt of an objection to the reasonableness of an abatement date in a settlement agreement, the board may schedule a conference or hearing and issue an order regarding the abatement date.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093
Eff. 12/2/94, Register 132; am 11/29/2017, Register 224

8 AAC 61.200 Discovery of information {#sec-8-aac-61.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.200}

(a) Depositions must be taken in accordance with AS 44.62.440.

(b) The parties may undertake discovery by any other appropriate procedure, including written interrogatories, requests for production, requests for admission, or inspection of the place of employment. Discovery under this subsection must be done in accordance with the rules of civil procedure; however, the mandatory rules of disclosure under Alaska Rules of Civil Procedure 16, 16.1, and 26 do not apply.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093
Eff. 1/10/75, Register 53; am 12/2/94, Register 132; am 3/27/96, Register 137

8 AAC 61.205 Hearings {#sec-8-aac-61.205 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.205}

(a) The board shall schedule hearings on a quarterly basis, unless upon a motion by a party or on its own motion, the board schedules an expedited hearing.

(b) At least 30 days before the hearing, the board shall notify all parties at their addresses of record of the date, time, and place of hearing. In an expedited hearing or if an emergency exists, the board shall notify the parties at least 10 days before the hearing date.

(c) In determining the place of hearing, the board shall consider the convenience and expense to the board, the parties, and their witnesses.

(d) The board may postpone a hearing upon a showing of good cause. A motion to postpone a hearing must be in writing and must set out the reasons for the delay. A motion for postponement filed less than 20 days before the hearing will be denied unless good cause is shown for filing the motion after that time. A party's failure to obtain counsel or make discovery in a timely fashion will not be considered good cause for postponement.

(e) The board or its authorized designee may issue subpoenas under 8 AAC 61.160 upon application by a party. An application for a subpoena must be in writing and must state the name of each witness or describe an item of evidence with sufficient detail so that the witness or item of evidence can be readily identified. The preparation and service of a subpoena, including the payment of applicable witness fees and expenses, are governed by the rules of civil procedure and are the responsibility of the party requesting issuance of the subpoena.

(f) Unless otherwise ordered by the board, the department will present its case first at the hearing, followed by the party filing the notice of contest, followed by any other parties. Each party shall be permitted to make an opening statement, present evidence, cross-examine witnesses, and make a closing argument.

(g) An unrepresented party may be permitted to testify in a narrative fashion.

(h) Evidence shall be admitted in accordance with AS 44.62.460 - 44.62.480.

(i) The burden of proof for citations, penalties, or abatement dates is on the department by a preponderance of the evidence. The burden of proof for affirmative defenses is on the party asserting those defenses by a preponderance of the evidence. "Preponderance of the evidence" means that it is more likely than not that the asserted proposition is true.

(j) At the request of a party or on its own motion, the board may direct the parties to file posthearing briefs and the board shall establish a schedule for the submission of those briefs.

(k) The board may allow a party, an attorney, a witness, or any other person to participate telephonically in a board proceeding in the absence of a showing of substantial prejudice to opposing parties. A request for telephonic participation must be made at least 10 days before the hearing unless good cause is shown for filing the request after that time. The party requesting telephonic participation is responsible for arranging the call and paying the associated costs.

(l) The board may allow a board member or a hearing officer to participate telephonically in a board proceeding in the absence of a showing of substantial prejudice to a party to the proceeding.

(m) If a party fails to appear at a hearing without a showing of good cause after receiving proper notice of the hearing, the board may find that party to be in default, may receive any evidence it deems appropriate, and may issue a final decision against that party. In addition, if an employer fails to appear at a hearing without a showing of good cause after receiving proper notice of the hearing, the board may order the employer to pay all reasonable expenses incurred by the board for holding the hearing, including the board's actual travel expenses and per diem. Expenses will be apportioned according to the number of board hearings actually held at the hearing location. A showing of good cause shall be considered by the board if the nonappearing party, within 10 days of the hearing, files with the board a written statement giving the reasons for failing to appear.

(n) A hearing before the board shall be recorded. A person may obtain a duplicate recording or a written transcript of a hearing by submitting a request in writing to the board and paying the cost of the recording or transcript.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093
Eff. 12/2/94, Register 132; am 11/29/2017, Register 224

8 AAC 61.210 Evidence {#sec-8-aac-61.210 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.210}

Repealed.

History

Eff. 1/10/75, Register 53; repealed 12/2/94, Register 132

8 AAC 61.220 Decisions of the board {#sec-8-aac-61.220 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.220}

(a) The board shall prepare and issue a written decision within a reasonable time after the close of the hearing record in a contested case. In reaching its decision, the board shall consider the whole record and shall include in the written decision findings of fact, conclusions of law, and an appropriate order.

(b) The board shall mail or distribute the decision and order to all parties of record. A decision and order of the board becomes final 30 days after mailing or distribution unless a party files a notice of appeal under AS 18.60.097.

History

Authority: AS 18.60.020; AS 18.60.057; AS 18.60.093
Eff. 1/10/75, Register 53; am 1/4/78, Register 64; am 12/2/94, Register 132

Eff. 1/10/75, Register 53; am 1/26/78, Register 65; repealed 10/6/2002, Register 164

Article 5 Variances

8 AAC 61.300 Effect of contest {#sec-8-aac-61.300 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.300}

Repealed 1/26/78.

8 AAC 61.310 Public notice of a granted, modified or revoked variance {#sec-8-aac-61.310 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.310}

Repealed 1/26/78.

8 AAC 61.320 Form of documents {#sec-8-aac-61.320 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.320}

(a) No particular form is prescribed for applications and other papers which may be required by secs. 330 - 350 of this chapter.

(b) Each application or other paper filed in proceedings under secs. 330 - 350 of this chapter must be subscribed by the person filing same or by his attorney or other authorized representative.

History

Authority: AS 18.60.020
Eff. 1/10/75, Register 53; am 1/26/78, Register 65

8 AAC 61.330 Temporary variances {#sec-8-aac-61.330 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.330}

(a) An employer desiring a temporary variance from a safety or health standard adopted pursuant to AS 18.60.010 - 18.60.105 may file a written application with the commissioner requesting a temporary variance.

(b) An application filed pursuant to (a) of this section must include

(1) the name and address of the applicant;

(2) the name and address of the place of employment involved;

(3) specification of the standard or portion thereof from which the applicant seeks a temporary variance, with an explanation and description of the variance;

(4) a representation by the applicant supported by representations from qualified persons having first-hand knowledge of the facts represented that he is unable to comply with the standard or portion thereof by its effective date and detailed statement of the reasons therefor;

(5) a statement of the steps the applicant has taken and will take with specific dates where appropriate, to protect employees against the hazard covered by the standard;

(6) a statement of when the applicant expects to be able to comply with the standard and of what steps he has taken and will take, with specific dates where appropriate, to come into compliance with the standard;

(7) a statement of facts which shows that

(A) the applicant is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date;

(B) he is taking all available steps to safeguard his employees against the hazards covered by the standard; and

(8) any request for a hearing as provided by sec. 370 of this chapter; and

(9) a certified statement that the applicant has informed his employees of the application; the statement must contain the following:

(A) if the employees have an authorized representative, that a copy of the application, a written statement of the employees' right to a hearing, and any other supporting documents were furnished to the representative; and

(B) that a summary of the application was posted at or near the condition or practice that would be affected by the variance and at the place or places where notices to employees are customarily posted; the summary shall specify where a copy of the application may be obtained and contain a statement of the employee's right to a hearing on the application.

(1) If a request for an interim order is denied, the applicant will be given prompt notice of the denial. The notice of denial will contain a brief statement of the reasons therefor.

(2) If an interim order is granted, a copy of the order will be served upon the applicant for the order. It will be a condition of the order that the affected employer must give notice thereof to affected employees by the same means to be used to inform them of an application for a variance. The interim order will be effective until a decision is rendered on the application for a temporary variance.

History

Authority: AS 18.60.020; AS 18.60.081
Eff. 1/10/75, Register 53

8 AAC 61.340 Permanent variances {#sec-8-aac-61.340 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.340}

(a) An employer desiring a permanent variance from a safety or health standard, or portion thereof, adopted pursuant to AS 18.60.010 - 18.60.105 may file a written application with the commissioner requesting a permanent variance.

(b) An application filed pursuant to (a) of this section must include

(1) the name and address of the applicant;

(2) the name and address of the place or places of employment involved;

(3) specification of the standard or portion thereof from which the applicant seeks a variance;

(4) a description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;

(5) a statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide employment and places of employment for employees which are as safe and as healthful as those required by the standard from which a variance is sought;

(6) any request for a hearing, as provided by sec. 370 of this chapter; and

(7) a certified statement that the applicant has informed his employees of the application. The statement must contain the following:

(B) that a summary of the application was posted at or near the condition or practice that would be affected by the variance and at the place or places where notices to employees are customarily posted. The summary must specify where a copy of the application may be obtained and contain a statement of the employees' right to a hearing on the application.

(1) If a request for an interim order is denied, the applicant will be given prompt notice of the denial. The notice of denial will contain a brief statement of the reasons therefor.

History

Authority: AS 18.60.020; AS 18.60.081
Eff. 1/10/75, Register 53

8 AAC 61.350 Modification or revocation of a permanent variance {#sec-8-aac-61.350 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.350}

(a) An employer, employee, or the employees' authorized representative may apply in writing to the commissioner for modification or revocation of a permanent variance issued pursuant to AS 18.60.077. An application will not be considered unless the variance has been in effect for six or more months.

(b) The application must contain

(1) the name and address of the applicant and specify if applicant is an employer, employee, or authorized representative of the employees;

(2) a description of the relief which is sought;

(3) a statement setting forth with particularity the grounds for relief;

(4) if the applicant is an employer, a certification that the applicant has informed affected employees of the application by

(A) giving a copy thereof to their authorized representative, if any;

(B) posting at the place or places where notices to employees are normally posted a statement giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the application itself); and

(5) if the applicant is an employer, a certification that the applicant has informed affected employees, and their authorized representative, if any, of their right to request a hearing on the application;

(6) if the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer; and

(7) any request for a hearing, as provided in 8 AAC 61.370.

(c) The commissioner may on the commissioner's own motion propose to modify or revoke a permanent variance issued under AS 18.60.077. In this event, the commissioner will publish in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance is implemented a notice explaining the department's intention. The notice will grant interested persons the opportunity to submit written data, views, or arguments regarding the proposal and inform the affected employer, employees, and the authorized representative of the employees of their right to request within a stated time limit a hearing. The commissioner may take other action as appropriate to give actual notice to the affected employer and employees. A request for a hearing must include a short and plain statement of

(1) how the proposed modification or revocation would affect the requesting party; and

(2) what the requesting party would seek to show on the subjects or issues involved.

History

Authority: AS 18.60.020; AS 18.60.077
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207

8 AAC 61.360 Action on applications {#sec-8-aac-61.360 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.360}

(a) If an application filed under 8 AAC 61.330 - 8 AAC 61.350 does not substantially conform to the requirements of the applicable section, the commissioner may deny the application. If the application is denied, the commissioner will give prompt notice of the denial with reasons for it to the applicant.

(b) If an employer is contesting a citation, proposed penalty, or period of abatement, the commissioner may refuse to entertain the employer's application for a variance until a final order on the contest is issued by the board.

(c) If an application has been determined to conform substantially to the requirements in 8 AAC 61.330 - 8 AAC 61.350, the commissioner will cause a notice to be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance would apply. The notice will include

(1) the terms, or an accurate summary, of the application;

(2) the legal authority under which the application has been filed;

(3) a statement that interested persons may submit, within a designated period of time, written data, views, or arguments regarding the application; and

(4) a statement that affected employers or employees have a right to request, within a designated period of time, a hearing on the application.

(d) A summary of every final action granting, modifying or revoking a temporary or permanent variance will be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance will be implemented. The public notice will include a statement of the reasons for the action and will tell how a copy of the full text of the action may be obtained.

(e) When the commissioner grants, revokes, or modifies a permanent variance, the department will also furnish the board the notice under (d) of this section.

History

Authority: AS 18.60.020; AS 18.60.077; AS 18.60.081
Eff. 1/10/75, Register 53; am 1/26/78, Register 65; am 7/28/2013, Register 207

8 AAC 61.365 Effective date of variances {#sec-8-aac-61.365 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.365}

All variances granted pursuant to 8 AAC 61.330 - 8 AAC 61.350 take effect on the date the order is signed by the commissioner or at a future date as determined by the commissioner and specified in the order.

History

Authority: AS 18.60.020; AS 18.60.077; AS 18.60.081
Eff. 1/26/78, Register 65

8 AAC 61.370 Hearings {#sec-8-aac-61.370 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.370}

(a) Requests for a hearing allowed by 8 AAC 61.330 - 8 AAC 61.350 must be filed with the commissioner within 20 days after the filing of the application required by 8 AAC 61.330 - 8 AAC 61.350. If the commissioner proposes to modify or revoke a variance, the hearing request must be filed within the time limit established by the public notice published in accordance with 8 AAC 61.350.

(b) No particular form is prescribed for the hearing request. However, any request must contain the following information:

(1) a concise statement of facts showing how the employer or employee would be affected by the relief applied for;

(2) a specification of any statement or representation in the application which is denied, and a concise summary of the evidence that would be supplied in support of each denial; and

(3) any views or arguments on any issue of fact or law presented.

(c) The hearing will be conducted by the commissioner or the commissioner's authorized designee. The commissioner's decision will be based upon a consideration of the whole record and will state the facts relied upon. The decision of the commissioner granting, continuing, revoking, or modifying the variance is a final decision.

History

Authority: AS 18.60.020; AS 18.60.077
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207

8 AAC 61.380 Consolidation of proceedings {#sec-8-aac-61.380 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.380}

The commissioner, on the commissioner's own motion or by motion of any party, may consolidate or contemporaneously consider two or more proceedings that involve the same or closely related issues.

History

Authority: AS 18.60.020
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207

8 AAC 61.390 Notice of hearing {#sec-8-aac-61.390 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.390}

(a) Upon request for a hearing on an application as provided in 8 AAC 61.330 - 8 AAC 61.350, or on the commissioner's own initiative, the commissioner will serve the affected parties personally or by registered mail a notice of the hearing. The notice will be given at least 30 days before the date of the hearing.

(b) A notice of hearing served under (a) of this section will include

(1) the time and place and nature of the hearing;

(2) the legal authority under which the hearing is to be held; and

(3) a specification of issues of fact and law.

History

Authority: AS 18.60.020; AS 18.60.077
Eff. 1/10/75, Register 53; am 7/28/2013, Register 207

8 AAC 61.400 Manner of service {#sec-8-aac-61.400 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.400}

Service of a document upon a party may be made by personal delivery or registered mail to the last known address of the party. The person serving the document shall certify to the manner and the date of the service.

History

Authority: AS 18.60.020; AS 18.60.077
Eff. 1/10/75, Register 53

Article 6 Consulting and Training

8 AAC 61.410 Consultative services {#sec-8-aac-61.410 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.410}

(a) Upon request of an employer, the department may provide consultative and training services. Services will be limited to the interpretation and application of AS 18.60.010 - 18.60.105 and the regulations, standards, orders and rules adopted pursuant thereto.

(b) Requests may be verbal or written and must specify the conditions, structures, machines, equipment, devices, methods, means and practices for which the service is requested.

(c) 8 AAC 61.410 - 8 AAC 61.420 are not to be construed as providing immunity to any employer who has requested consultative or training services during the pendency of the granting of such request from an inspection or investigation conducted under AS 18.60.083 or AS 18.60.088.

History

Authority: AS 18.60.020
Eff. 1/10/75, Register 53

8 AAC 61.420 Powers of consultants and trainers {#sec-8-aac-61.420 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.420}

(a) Consultants and trainers may make recommendations regarding the elimination of any condition or practice discovered that creates a safety or health hazard during the course of an on-site visit.

(b) A visit by a consultant or trainer to a place of employment will not be regarded as an inspection or investigation under the provisions of AS 18.60.010 - 18.60.105.

(c) An employer shall take the necessary action to eliminate or control employee exposure to a serious violation as defined in AS 18.60.095(b) which is discovered during an on-site visit. If the employer fails to correct the serious violation within the time specified by the division, the division will, in its discretion, have the affected place of employment inspected by a compliance officer. The compliance officer may recommend to the department that a citation be issued.

(d) Consultants and trainers may not issue citations for alleged violations of AS 18.60.010 - 18.60.105 or any regulation, standard, rule or order promulgated pursuant thereto. However, if a consultant or trainer during the course of a visit to a place of employment discovers an imminent danger, he is designated an agent of the commissioner and may issue an order restraining the practice or condition creating the imminent danger. If a consultant or trainer issues a restraining order, he shall immediately inform the commissioner and the division that a restraining order was issued. The division will have the affected place of employment inspected by a compliance officer. The compliance officer may modify or revoke the restraining order and recommend to the department that a citation be issued.

History

Authority: AS 18.60.020
Eff. 1/10/75, Register 53; am 2/1/85, Register 93

8 AAC 61.425 Exemption from scheduled enforcement inspections {#sec-8-aac-61.425 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.425}

(a) An employer will, upon request, be exempt from a general scheduled enforcement inspection for a period of one year after the end of the closing conference of a consultative on-site visit that covers all conditions and operations in the workplace, if the employer

(1) corrects all hazards identified by the consultant within the time agreed upon;

(2) posts a notice in the workplace that all hazards have been corrected;

(3) demonstrates that core elements of an effective safety and health program are in effect, and that any remaining elements of an effective safety and health program, as specified by the consultant, will be implemented within a reasonable, agreed-upon, time; and

(4) agrees to request a consultative visit if changes in working conditions or work processes occur which may introduce new hazards.

(b) This section does not provide an exemption from enforcement inspections conducted as a result of an employee complaint or an industrial accident.

History

Authority: AS 18.60.020
Eff. 2/1/85, Register 93

Article 7 Discrimination

8 AAC 61.470 Employees protected {#sec-8-aac-61.470 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.470}

(a) In AS 18.60.089 and 8 AAC 61.470 - 8 AAC 61.530, an "employee"

(1) includes an employee as defined in AS 18.60.105;

(2) may, in the department's discretion, include an applicant for employment, as required by 29 C.F.R. 1977.5(b); and

(3) need not be employed by the discriminator when engaging in the protected activity as long as the employee was an "employee" under (1) or (2) of this subsection at that time.

(b) The term "person" as used in AS 18.60.089 includes employers, organizations representing employees for collective bargaining purposes, employment agencies, or any person in a position to discriminate against the employee.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.089
Eff. 9/21/85, Register 95

8 AAC 61.480 Protected activity {#sec-8-aac-61.480 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.480}

(a) To establish a violation of AS 18.60.089, the employee's engagement in a protected activity need not be the only consideration for discharge or other discrimination. AS 18.60.089 is violated if

(1) engaging in a protected activity is a substantial reason for the action; and

(2) the discharge or other discrimination would not have taken place if the employee had not engaged in a protected activity.

(b) The following activities are protected:

(1) An employee may file a discrimination complaint that is related to conditions at the work place, as distinguished from a complaint related only to general public safety and health. The employee may file a complaint with the department, a federal, state or local government agency, or the employer. The employee is not required to make the complaint directly. It is sufficient if the employee sets into motion, or participates with others in, an action that results in a complaint being made.

(2) An employee may institute or cause to be instituted any proceedings related to the enforcement of occupational safety and health standards. These proceedings include contesting an abatement date under AS 18.60.093(e), petitioning for adoption of an occupational safety and health standard, requesting modification or revocation of a variance, or judicially challenging a standard. The employee is not required to institute the proceeding directly. It is sufficient if the employee sets into motion, or participates with others in, activities which result in proceedings related to AS 18.60.010 - 18.60.105.

(3) An employee may testify or intend to testify in proceedings under AS 18.60.010 - 18.60.105. This protection is not limited to testimony in proceedings instituted or caused to be instituted by employees, but extends also to any statements given in the course of judicial, quasi-judicial, or administrative proceedings including inspections, investigations, and administrative regulations adoption or adjudicative functions.

(4) An employee may exercise any other right afforded by AS 18.60.010 - 18.60.105. These rights include participating in an enforcement inspection, requesting a copy of the log and summary of occupational injuries and illnesses, and requesting access to an employee's own medical records.

(c) An employee's engagement in a protected activity described in (b) of this section does not protect the employee from discharge or discipline for legitimate reasons unrelated to the protected activity.

(d) An employee who walks off the job because of an unsafe condition at the worksite is engaged in protected activity if the employee is confronted with the choice of not performing an assigned task or being subjected to a risk of serious injury or death arising from the unsafe condition. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person would conclude that there is a real danger of serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through the employer or regular governmental enforcement channels. An employee, if feasible, must also have first sought from the employer, and have been unable to obtain, a correction of the unsafe condition.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.089
Eff. 9/21/85, Register 95

8 AAC 61.490 Unprotected activity {#sec-8-aac-61.490 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.490}

An employee who refuses to comply with occupational safety and health regulations or valid safety rules implemented by an employer may jeopardize rights afforded by AS 18.60.010 - 18.60.105. Disciplinary measures taken by an employer solely in response to employee refusal to comply with appropriate safety or health rules and regulations ordinarily will not be regarded as discriminatory.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.089
Eff. 9/21/85, Register 95

8 AAC 61.500 Filing discrimination complaints {#sec-8-aac-61.500 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.500}

An employee, or a representative of an employee, who believes that a violation of AS 18.60.089 has occurred, may file a complaint.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.089
Eff. 9/21/85, Register 95; am 11/29/2017, Register 224

8 AAC 61.510 Withdrawal of complaint {#sec-8-aac-61.510 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.510}

The department will, in its discretion, continue its investigation of a discrimination complaint and pursue appropriate legal proceedings regardless of the withdrawal of a complaint.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.089
Eff. 9/21/85, Register 95

8 AAC 61.520 Arbitration or other proceeding {#sec-8-aac-61.520 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.520}

(a) An employee who files a complaint under AS 18.60.089 may also seek relief under grievance arbitration provisions in applicable collective bargaining agreements and may concurrently seek relief from other agencies, such as the National Labor Relations Board. The department's jurisdiction to investigate discrimination complaints is independent of the jurisdiction of other agencies or bodies. The department will, in its discretion, file an action in the superior court regardless of other pending proceedings.

(b) If a complainant chooses to seek other relief, the department will, in its discretion, suspend its determination and defer to the results of the other proceedings, if the rights and remedies provided in the other proceedings are substantially the same as those provided under AS 18.60.089.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.089
Eff. 9/21/85, Register 95

8 AAC 61.530 Review procedures {#sec-8-aac-61.530 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.530}

(a) The director shall determine if a complaint under AS 18.60.089 merits referral to the attorney general to bring an action in the superior court against the violator.

(b) If the director determines that the complaint does not have merit, the complainant may obtain a review of the determination by submitting a written request to the commissioner not later than 15 days after receiving notification of the director's determination. The commissioner will inform the complainant of the results of the review not later than 15 days after receipt of the request for review of the director's determination.

History

Authority: AS 18.60.020; AS 18.60.030; AS 18.60.089
Eff. 9/21/85, Register 95; am 7/23/2023, Register 247

Article 8 Asbestos Abatement Certification

8 AAC 61.600 Certification required {#sec-8-aac-61.600 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.600}

A person performing, directly supervising, or monitoring asbestos abatement work must have a certificate issued under 8 AAC 61.720. The certificate must be in the person's possession when performing work subject to AS 18.31.200, and must be shown to a representative of the department upon request.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96

8 AAC 61.610 Training {#sec-8-aac-61.610 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.610}

An employer must assure that an employee who performs, designs, directly supervises, or monitors asbestos abatement work has a current certification, as specified in 8 AAC 61.600, through a department-approved asbestos abatement training program.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 9/10/99, Register 151

8 AAC 61.620 Training program and contractor plan approval required {#sec-8-aac-61.620 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.620}

(a) Before a person, association, union, corporation, contractor, or other entity may undertake a program to train and certify persons under AS 18.31.200, the person, association, union, corporation, contractor, or other entity must submit to the department an application, as described in 8 AAC 61.630, and obtain approval of the program from the department.

(b) Before a contractor may undertake work to abate an asbestos health hazard, the contractor must submit to the department, and receive approval of, a plan that assures that its employees are certified as required under 8 AAC 61.600. The plan must include

(1) the names and certificate numbers of the employees who will be employed to abate the asbestos health hazard;

(2) the starting and ending dates of the abatement project; and

(3) the location of the abatement project.

(c) The plan required under (b) of this section, as approved by the department, must be available at the asbestos abatement worksite.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 1/4/90, Register 113

8 AAC 61.630 Application for training program approval {#sec-8-aac-61.630 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.630}

(a) An application for approval of an asbestos abatement training program submitted to the department must include

(1) the applicant's name, address, telephone number, and social security number;

(2) a detailed description of the topics, including the amount and type of hands-on training, used in the training course, which verifies inclusion of the subjects and procedures described in 8 AAC 61.700;

(3) a description of all audio-visual materials to be used in the training course;

(4) a copy of the written examination and a detailed description of the practical examination to be administered to trainees to test their skills and knowledge; information must be provided to describe the length, format, and passing score of the written and practical examinations used to test the trainees' skill and knowledge;

(5) a detailed description of the scoring methodology to be used in grading the written and practical examinations described in 8 AAC 61.710, and a detailed statement about the development of the examination used in the course;

(6) the names of the course instructors and a description of the instructors' qualifications, which verifies that the instructors meet the minimum qualifications in 8 AAC 61.680;

(7) an application fee of $1,000;

(8) a list of any other states that currently approve the training course;

(9) a copy of all course materials, including student manuals, instructor notebooks, and handouts; and

(10) a copy of the instructions provided to students that specify the procedures that students must follow under 8 AAC 61.720 and 8 AAC 61.730 to obtain an asbestos certification after successful completion of the initial training course.

(b) The department will, in its discretion, request copies of the audio-visual materials described in (a)(3) of this section. After its review, the department will return the materials to the applicant.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 11/7/93, Register 128; am 9/10/99, Register 151

8 AAC 61.635 Application for renewal course approval {#sec-8-aac-61.635 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.635}

(a) The training provider must have an approved training course under 8 AAC 61.630 in order to receive approval to instruct an asbestos renewal course.

(b) The renewal course specified in (a) of this section must be conducted as a separate and distinct course and may not be combined with any other training during the period of the renewal course.

(1) the applicant's name, address, telephone number, and social security number;

(2) a detailed description of the

(A) topics, including the amount and type of hands-on training as appropriate;

(B) audio-visuals used in the training course, which verifies inclusion of the subjects; and

(3) a copy of all course materials, including student manuals, instructor notebooks, and handouts;

(4) the names of the course instructors and a description of the instructors' qualifications, which verifies that the instructors meet the minimum qualifications in 8 AAC 61.680;

(5) a list of any other states that currently approve the training course; and

(6) a copy of the instructions provided to students that specify the procedures that students must follow under 8 AAC 61.720, 8 AAC 61.730, and 8 AAC 61.740 to obtain an asbestos certification after successful completion of the renewal training course.

(d) The department will, in its discretion, request copies of the audio-visual materials described in (c)(2) of this section. After its review, the department will return the materials to the applicant.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 9/10/99, Register 151

8 AAC 61.640 Changes to an approved training program or contractor plan {#sec-8-aac-61.640 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.640}

(a) A change to an approved asbestos abatement training program or contractor plan must be approved by the department before any implementation of the proposed change. A filing fee of $250 must be submitted with any proposed content change.

(b) If a change in state or federal asbestos regulations occurs, the department will notify approved training programs of the change. The training program then must incorporate the change into its next scheduled training course.

(c) The department must be notified in writing of a proposed change of course instructors demonstrating that the proposed instructors meet the requirement of 8 AAC 61.880. The proposed instructors may not begin to provide instruction until the department has, in writing, approved the instructors.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 11/7/93, Register 128; am 9/10/99, Register 151

8 AAC 61.650 Contractor's plan {#sec-8-aac-61.650 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.650}

Repealed 1/4/90.

8 AAC 61.660 Action on applications {#sec-8-aac-61.660 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.660}

(a) The department will, within 90 days after receipt,

(1) review an application filed under 8 AAC 61.620(a) that meets the requirements of 8 AAC 61.630, or 8 AAC 61.635, as appropriate; and

(2) review a contractor's plan that meets the requirements of 8 AAC 61.620(b).

(b) If an application for a training program or contractor plan does not meet the requirements of 8 AAC 61.630, 8 AAC 61.635, or 8 AAC 61.620(b), as applicable, the department will assist the applicant in meeting the requirements by outlining the deficiencies and suggesting solutions.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 1/4/90, Register 113; am 9/10/99, Register 151

8 AAC 61.670 Duration of training program approval {#sec-8-aac-61.670 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.670}

(a) The department's approval of a training program is valid for one year after the date of approval unless the department withdraws approval of the program under 8 AAC 61.760.

(b) The department will renew its approval of an initial training program for a period of one year, if

(1) the department has not withdrawn approval of the training program;

(2) the applicant submits an application that meets the requirements of 8 AAC 61.630 or an affidavit stating that no changes in the program have occurred; and

(3) the applicant submits a nonrefundable filing fee of $250.

(1) the department has not already withdrawn approval of the renewal training program;

(2) the applicant submits an application that meets the requirements of 8 AAC 61.635 or an affidavit stating that no changes in the program have occurred;

(3) the applicant has met the requirements of 8 AAC 61.670(b); and

(4) the initial course has not been withdrawn or revoked under 8 AAC 61.760.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 11/7/93, Register 128; am 9/10/99, Register 151

8 AAC 61.680 Minimum instructor qualifications {#sec-8-aac-61.680 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.680}

(a) An instructor of a training program that certifies persons under 8 AAC 61.720 must

(1) be an industrial hygienist who

(A) is certified by the American Board of Industrial Hygiene; or

(B) has asbestos field experience doing air and bulk asbestos sampling and has made written recommendations to an employer or organization on at least three occasions, regarding the abatement of asbestos health hazards; or

(2) have education and experience that includes

(A) at least

(i) five days of Asbestos Hazard Emergency Response Act (AHERA) Supervisor/Contractor training at an asbestos training course recognized by the U.S. Environmental Protection Agency, that includes training on the subjects and procedures described in 8 AAC 61.700; and

(ii) two years of experience in asbestos abatement work, asbestos abatement training, or a combination of the two; or

(B) at least five years of experience as a safety professional.

(b) Repealed 9/27/2008.

(c) Nothing in this section prevents a person who does not meet the requirements of this section from assisting a qualified instructor in conducting a training course, except that the qualified instructor must be present at all times during the training course. The initial training course must have a minimum of two qualified instructors that meet the qualifications under (a)(1) or (a)(2) of this section. The renewal training course may have only one instructor qualified under (a)(1) or (a)(2) of this section.

(d) The department will, in its discretion, require proof that an instructor meets the minimum qualifications described in (a) of this section.

(e) In this section,

(1) "industrial hygienist" means a person who has a bachelor of science degree in an environmental or health-related science, with training in chemistry and toxicology, and at least two years of experience in industrial health;

(2) "safety professional" means an individual who, by virtue of specialized knowledge and skill, has achieved professional status in the safety field.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 2/7/86, Register 97; am 9/10/99, Register 151; am 9/27/2008, Register 187

8 AAC 61.690 Consideration of previous training {#sec-8-aac-61.690 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.690}

Repealed 1/4/90.

8 AAC 61.700 Initial Course Requirements {#sec-8-aac-61.700 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.700}

(a) An initial training course must

(1) be conducted in the state;

(2) provide two department-approved instructors that meet the requirements of 8 AAC 61.680;

(3) provide at least 40 hours of instruction given in a five-day period, with 14 hours of hands-on training that includes subject matter instruction on

(A) topics and definitions specified in 40 C.F.R. Part 763, Appendix C to Subpart E, (I)(B)(2), revised as of July 1, 1998, of the course requirements for contractors/supervisors in the AHERA;

(B) notification requirements specified for demolition and renovation in 40 C.F.R. Part 61, Subpart M (National Emission Standard Hazardous Air Pollutants (NESHAP) for asbestos), revised as of July 1, 1998;

(C) proper disposal of asbestos-containing materials and clothing, including the requirements of 40 C.F.R. Part 61, Subpart M (NESHAP), revised as of July 1, 1998, and the Alaska Department of Environmental Conservation (ADEC) under 18 AAC 61.450 pertaining to disposal of asbestos;

(D) proper emission and disposal controls and regulations in 40 C.F.R. Part 61, Subpart M (NESHAP), revised as of July 1, 1998;

(E) all of 29 C.F.R. 1926.1101, revised as of July 1, 1998, asbestos standard, including all appendices;

(F) all of 29 C.F.R. 1910.134, revised as of July 1, 1998, pertaining to respiratory protection when working with asbestos;

(G) the additional respiratory protection standards under 8 AAC 61.1030;

(H) proper asbestos spill response, including

(i) evacuation and isolation of the spill area;

(ii) the need for exposed persons who were inadequately protected to shower and change clothes;

(iii) selection of personal protective equipment and clothing for cleaning up a spill; and

(iv) techniques for cleaning up minor versus major asbestos fiber release after a spill;

(I) proper use and application of surfactants and encapsulants.

(b) The 14 hours of hands-on training described in (a)(3) of this section must include, in addition to any audio-visual instruction provided;

(1) the use of barrier and decontamination systems, airlocks, and hepa-filtered negative pressure ventilation;

(2) proper tool selection, including selection of tools with HEPA vacuum attachments;

(3) proper contamination prevention and decontamination procedures;

(4) proper work area preparation, including

(A) assembly and maintenance of airlock, barrier, and decontamination systems; and

(B) recognition of flaws in a decontamination setup which could cause inhalation of asbestos fibers, or contamination of clothing or the environment;

(5) proper working techniques for minimizing fiber release as specified for various classes of work in 29 C.F.R. 1926.1101, revised as of July 1, 1998, including

(A) wet methods and use of surfactants, including water injection and airless spray techniques;

(B) scoring and breaking techniques for rigid asbestos products; and

(i) selection and maintenance of personal protective equipment and clothing;

(ii) pipe lagging preparation;

(iii) sequence of glove bag operations;

(iv) proper clean up, disposal, and tool decontamination procedures; and

(v) proper cleaning and disposal of personal protective equipment and clothing;

(6) proper takedown and disposal techniques and procedures;

(7) qualitative or quantitative fit testing of each trainee in accordance with fit test protocols found in Appendix A, 29 C.F.R. 1910.134, revised as of July 1, 1998; and

(8) proper methods of respirator inspection, maintenance, cleaning, and storage.

(c) Only mock asbestos materials, such as plaster, may be used for the hands-on training required under (b) of this section or other practical training the instructor may provide. Asbestos may be used only for observation by trainees and must be enclosed in glass or plastic.

(d) Each trainee must be provided with a copy of the Alaska Occupational Safety and Health regulations, 29 C.F.R. 1926.1101, EPA asbestos regulations (40 C.F.R. Part 61, Subpart M, and 40 C.F.R. Part 763) revised as of July 1, 1998, and the training manual used during the course.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 2/7/86, Register 97; am 1/4/90, Register 113; am 11/7/93, Register 128; am 9/10/99, Register 151

8 AAC 61.710 Examination {#sec-8-aac-61.710 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.710}

(a) An examination must be given to each trainee to test the trainee's knowledge and skill in the subjects and procedures covered by the initial training course. The examination must include

(1) a closed-book written examination that tests the trainee's knowledge of the material covered in 8 AAC 61.700(a); and

(2) a practical examination that tests the trainee's

(A) skills in the techniques and procedures covered in the course under 8 AAC 61.700(b); and

(B) ability to wear a respirator for at least one hour during activities similar to asbestos abatement work.

(b) The examination will consist of a written test of 100 multiple-choice questions, and a practical examination. The passing grade for both the written and the practical examination is 70 percent.

(d) Trainees may not be provided with copies of the written and practical tests before or after the test is administered to the trainees. Test materials must be returned to the instructor. Examination papers must be numbered and the trainee's name must be on each examination paper. Only the instructor may grade the tests. The instructor may verbally review the test questions after all tests have been returned.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 1/4/90, Register 113; am 9/10/99, Register 151

8 AAC 61.720 Issuance and duration of certificate {#sec-8-aac-61.720 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.720}

(a) A training provider must provide notification to the department in accordance with 8 AAC 61.745.

(b) A person may submit an application for certification after successfully completing a department-approved training course in accordance with 8 AAC 61.700 and 8 AAC 61.710, and must include with the application

(1) payment of a fee in accordance with 8 AAC 61.730(a);

(2) a head and shoulders photograph that is at least two inches by two inches in size or have a photograph taken at the Department of Labor and Workforce Development, Division of Labor Standards and Safety;

(3) the person's name, height, weight, social security number, date of birth, current address, telephone number, and name of employer if applicable;

(4) the dates of the course attended;

(5) whether initial or renewal course; and

(6) name of the training provider.

(c) The department will issue an initial certificate that is valid for one year from the date of successful completion of the initial course or, in the case of renewal, one year from completion of the renewal training course. The certificate will contain the following information:

(1) the certificate holder's name, height, weight, social security number, date of birth, and current address; and

(2) the date that the certificate is issued, the date that the certificate expires, and the unique certificate number.

(d) For each certificate holder, the department shall maintain the following information:

(1) the name of the certificate holder;

(2) whether the certificate holder has a supervisor/contractor designation;

(3) the date that the certificate holder took the initial training course;

(4) the date that the certificate holder took the renewal training course, if applicable;

(5) the date that the certificate holder took the initial training course examination;

(6) the name, address and telephone number of the training provider that provided the certificate holder with the required training;

(7) that the person receiving the certificate has completed the requisite asbestos training for certification under TSCA Title II; and

(8) the expiration date of the certificate.

(e) A person who has successfully completed the initial or renewal course must submit an application to the department for certification to perform asbestos work.

(f) Repealed 9/27/2008.

(g) Repealed 10/28/2023.

(h) A person may not perform asbestos work as defined under 8 AAC 61.600 without a current certificate issued under this chapter.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 11/7/93, Register 128; am 9/10/99, Register 151; am 9/27/2008, Register 187; am 10/28/2023, Register 248

8 AAC 61.730 Certificate fees {#sec-8-aac-61.730 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.730}

(a) An applicant shall pay a fee of $100 to the department for a certificate and $25 for a duplicate certificate issued under 8 AAC 61.720.

(b) Repealed 9/10/99.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 1/4/90, Register 113; am 11/7/93, Register 128; am 9/10/99, Register 151; am 6/14/2006, Register 178; am 9/27/2008, Register 187

8 AAC 61.735 Special requirements for persons performing abatement work under the Asbestos Hazard Emergency Response Act {#sec-8-aac-61.735 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.735}

Repealed.

History

Eff. 1/4/90, Register 113; repealed 9/10/99, Register 151

8 AAC 61.740 Renewal course requirements and renewal of certificate {#sec-8-aac-61.740 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.740}

(a) A renewal course must

(1) be conducted in the state;

(2) provide an instructor that meets the requirements of 8 AAC 61.680; and

(3) must provide at least eight hours of instruction.

(b) A certificate issued under 8 AAC 61.720 may be renewed if

(1) the certificate holder pays the required fee under (c) of this section;

(2) an instructor of a training program approved under 8 AAC 61.660(a) certifies that the certificate holder has completed at least eight hours of instruction in an approved renewal course under (a) of this section that includes instruction in

(A) changes in state or federal regulations pertaining to asbestos abatement, if any;

(B) changes in the state-of-the-art of asbestos abatement practices and procedures, if any;

(D) a review of the key aspects of the initial training course that includes appropriate work practices, potential health effects related to asbestos exposure, respiratory protection programs and medical surveillance programs, additional safety hazards and medical monitoring.

(3) repealed 10/28/2023.

(c) A certificate renewed under this section is valid until the expiration date indicated on the issued certificate. The fee for a certificate renewal is the same as for an initial certificate under 8 AAC 61.730.

(d) Renewal of a certificate under this section may be accomplished by attending a department-approved renewal course in accordance with this section.

(e) The qualified instructor of a training provider shall submit a class roster to the department listing the names of those attendants that have successfully completed the renewal training specified under this section. The roster shall be submitted in accordance with 8 AAC 61.745.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 11/7/93, Register 128; am 9/10/99, Register 151; am 9/27/2008, Register 187; am 10/28/2023, Register 248

8 AAC 61.745 Notification of department {#sec-8-aac-61.745 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.745}

(a) Training providers must notify the department at least 10 days before conducting an approved course. The notification must contain the

(1) name of the training course;

(2) name of training provider and approval number;

(3) dates of the course;

(4) location of the course, and;

(5) names of the course instructors.

(b) The training provider must notify the department at least 10 days after the completion of the initial training course of all persons who have successfully completed the requirements of 8 AAC 61.700 and 8 AAC 61.710 in accordance with 8 AAC 61.785(c).

(c) The training provider must notify the department at least 10 days after the completion of the renewal training course of all persons who have successfully completed the requirements of 8 AAC 61.740 in accordance with 8 AAC 61.785(c).

(d) The department must be notified of any changes to the training programs before conducting those courses in accordance with 8 AAC 61.640.

(e) If a training provider cancels a training class, the training provider shall notify the department no later than two working days before the date of the scheduled class.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 9/10/99, Register 151

8 AAC 61.750 Suspension or revocation of certificate {#sec-8-aac-61.750 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.750}

(a) The department will, in its discretion, suspend or revoke a certificate issued under 8 AAC 61.720 if a certificate holder

(1) provides false information to the employer or the department;

(2) shows evidence of a mental or physical impairment, which the department determines may interfere with the certificate holder's safe performance of asbestos abatement work;

(3) knowingly or recklessly disregards safe work practices while performing asbestos abatement work;

(4) permits the duplication or use of one's own certificate by another;

(5) performs work for which certification has not been received;

(6) obtains certification from a training provider that does not have approval to offer training for the particular discipline from either the EPA or AKOSH, provided AKOSH has a contractor certification plan at least as stringent as the EPA MAP;

(7) performs work requiring certification required under 8 AAC 61.600 at a job site without being in physical possession of a valid certificate; or

(8) is civilly fined or criminally convicted under Section 16 of TSCA, 15 U.S.C. 2615 or 2647, for violations of 40 C.F.R. Part 763, or Section 113 of the Clean Air Act, 42 U.S.C. 7413, for violations of 40 C.F.R. Part 61, Subpart M.

(b) If the department suspends or revokes a certificate, the department will promptly notify the certificate holder in writing of the reason for the suspension or revocation, and that the suspension or revocation may be appealed to the commissioner within 30 days after receipt of notice of the suspension or revocation.

(c) A person whose certificate is suspended or revoked under this section shall surrender the certificate to the department. A person is ineligible to obtain a new certificate for a period of at least 90 days, but not exceeding one year, after the date of suspension or revocation, as determined by the department. A certificate obtained by a person during a period of ineligibility is not valid.

(d) In determining the period of ineligibility under (c) of this section, the department will consider the circumstances upon which the suspension or revocation is based.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 9/10/99, Register 151

8 AAC 61.760 Withdrawal of training program approval {#sec-8-aac-61.760 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.760}

(a) The department will, in its discretion, withdraw its approval under 8 AAC 61.660(a) of a training program if the training program applicant

(1) falsifies certification records, instructor qualifications, or other certification information;

(2) fails to provide training as specified in the training program's approved plan;

(3) fails to adequately test the trainee's skill as required by 8 AAC 61.710;

(4) violates any other provision of 8 AAC 61.600 - 8 AAC 61.790;

(5) misrepresents the extent of the training course's approval by the state or EPA;

(6) fails to submit required information or notification as specified in 8 AAC 61.640, 8 AAC 61.745 and 8 AAC 61.780; or

(7) fails to maintain requisite records required in 8 AAC 61.785.

(b) If the department withdraws approval of a training program, the department will promptly notify the administrator of the program in writing of the reason for the withdrawal of approval and that the withdrawal may be appealed to the commissioner within 30 days after receipt of the notice of withdrawal.

(c) A training program for which approval has been withdrawn under this section is ineligible for approval for a period of at least 90 days but not exceeding one year after the date of withdrawal, as determined by the department. A training program may not issue a certificate under 8 AAC 61.720 during a period of ineligibility.

(d) In determining a period of ineligibility under (c) of this section, the department will consider the severity of the infraction upon which the withdrawal of program approval is based.

(e) After the period of ineligibility specified by the department under (c) of this section has expired, a training program may apply to the department for re-approval. The application must meet the requirements of 8 AAC 61.630.

(f) The training course provider must permit a representative of the department to attend, evaluate, monitor any course, and review any records without charge. The department is not required to give advance notice of an inspection.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 9/10/99, Register 151

8 AAC 61.765 Citation and penalties {#sec-8-aac-61.765 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.765}

(a) As provided in AS 18.31.200(d), the department will issue a citation to, and assess a civil penalty on, a contractor who employs a person to perform, directly supervise, or monitor asbestos abatement work if the person does not have the certificate required by 8 AAC 61.600. The department will also issue a citation to, and assess a civil penalty on, a contractor who fails to submit a contractor plan as required by 8 AAC 61.620. The department will consider the severity of the violations in determining the amount of the penalty.

(b) For purposes of (a) of this section, a separate citation will be issued for each person who is not certified as required by AS 18.31.200(c) and 8 AAC 61.600. Each citation will, in the department's discretion, include a separate penalty.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 8/8/90, Register 115

8 AAC 61.770 Appeals {#sec-8-aac-61.770 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.770}

(a) A suspension or revocation under 8 AAC 61.750, a withdrawal under 8 AAC 61.760, or a citation and penalty under 8 AAC 61.765 is final unless the person affected files an appeal with the commissioner within 30 calendar days after receipt of the notice of suspension or revocation, notice of withdrawal, or citation and penalty. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) The commissioner's decision will be based upon the departmental record and will state the facts relied upon by the commissioner in deciding the matter.

(c) The commissioner will, in his or her discretion, hold a hearing on the appeal to supplement the departmental record if clarification or additional facts are necessary for a proper resolution of the appeal.

(d) A copy of the commissioner's decision will be sent to the appellant by certified mail. The decision will include a statement of the appellant's right to further appeal.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 8/8/90, Register 115; am 9/10/99, Register 151

8 AAC 61.780 Department monitoring of training programs {#sec-8-aac-61.780 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.780}

(a) Repealed 9/10/99.

(b) A representative of the department will, in the department's discretion, attend a training course as an observer to verify that the training course is conducted in accordance with the program approved under 8 AAC 61.660.

(c) The department shall maintain records that document the names of all persons who have been awarded certification, the disciplines for which certification was conferred, training and expiration dates, and the training location. The department shall maintain the records in a manner that allows verification by telephone of the required information.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 9/10/99, Register 151

8 AAC 61.785 Course provider recordkeeping {#sec-8-aac-61.785 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.785}

(a) All approved providers of accredited asbestos training courses must comply with the following minimum recordkeeping requirements. The training provider

(1) must retain copies of all instructional materials used in the delivery of the classroom training such as student manuals, instructor notebooks, and handouts;

(2) must retain copies of all instructors' resumes and the documents approving each instructor issued by the department or EPA; instructors must be approved by the department or EPA before teaching courses for certification purposes; training provider must notify the department in advance whenever it changes course instructors; records must accurately identify the instructors that taught each particular course for each date that a course is offered;

(3) must keep a record of each person who attends an initial training course and achieves a passing score on the examination for the initial course; these records must clearly indicate the date upon which the examination was administered, the training course and discipline for which the examination was given, the name of the person who proctored the examination, a copy of the examination, and the name and test score of each person taking the examination; the topic and dates of the training course must correspond to those listed on that person's certification certificate;

(4) shall validate whether students have successfully completed the initial or renewal course within the past 24 calendar months before allowing admission of the student into a new renewal course; and

(5) must retain records for 30 years.

(b) If a training provider ceases to conduct training, the training provider shall notify the department and give the department the opportunity to take possession of that provider's asbestos training records.

(c) The training provider must submit to the department within 10 calendar days following the completion of an approved course, all of the following items:

(1) dates of the training course taught;

(2) names of approved instructors providing the course;

(3) name of course students and their addresses;

(4) whether initial or renewal course;

(5) dates and results of examination taken;

(6) the expiration date upon when the student completed the course and examination, if applicable;

(7) proof of completion of the initial course for renewal students;

(8) the name, address, and telephone number of the training provider approved by the department;

(9) a statement that the person successfully completing the course meets the requisite training for asbestos certification under TSCA Title II; and

(10) a signed statement certifying that the training records specified in (1) - (9) of this subsection, are accurate for each training course provided by the department-approved instructor.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 9/10/99, Register 151

8 AAC 61.790 Definitions {#sec-8-aac-61.790 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.790}

In 8 AAC 61.600 - 8 AAC 61.790

(1) "asbestos abatement work" means all activities involved in

(A) Class I or Class II asbestos work under 29 C.F.R. 1915.1001 or 29 C.F.R. 1926.1101 revised as of July 1, 1998; and

(B) responding to a major fiber release episode;

(2) "asbestos-containing material" means any material containing more than one percent asbestos that has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building, as determined using the method specified in 40 C.F.R. Part 763, Subpart E, Appendix E, Section 1 (Polarized Light Microscopy), revised as of July 1, 1998;

(3) "commissioner" means the commissioner of the Department of Labor and Workforce Development or the commissioner's designee;

(4) "department" means the Department of Labor and Workforce Development;

(5) "HEPA" means a high efficiency particulate air filter, with an efficiency of not less than 99.97 percent when challenged with 0.3 micron diameter particles;

(6) "maintenance work" as applied to small-scale, short-duration maintenance work means any activity which disturbs asbestos in which the disturbance is incidental to the work being performed;

(7) "major fiber release episode" means any uncontrolled or unintentional disturbance of asbestos-containing building material (ACBM), resulting in a visible emission, which involves the falling or dislodging of more than three square or linear feet of ACBM;

(8) "qualitative fit testing" means a method of assessing the adequacy of respirator fit by determining whether the individual wearing the respirator can detect the odor, taste, or irritation of a gas, vapor, or aerosol introduced into the vicinity of the wearer's head;

(9) "quantitative fit testing" means a method for numerically measuring any leakage of the seal between the respirator face-piece and the wearer's face;

(10) "surfactant" means a chemical wetting agent added to water to improve penetration.

History

Authority: AS 18.31.020; AS 18.31.200
Eff. 10/1/85, Register 96; am 11/7/93, Register 128; am 9/10/99, Register 151

Article 9 Painting Certification

8 AAC 61.800 Certification required {#sec-8-aac-61.800 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.800}

A professional painter performing hazardous painting work must have a hazardous painting certificate issued under 8 AAC 61.855. The certificate must be in the person's possession when performing work subject to AS 18.63.010 - 18.63.100, and must be shown to a representative of the department upon request.

History

Authority: AS 18.63.010; AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.810 Training program approval required {#sec-8-aac-61.810 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.810}

Before a person, association, union, corporation or other entity may operate a program to train persons under AS 18.63.040, the person, association, union, corporation or other entity must submit to the department an application, as described in 8 AAC 61.815, and obtain approval of the program from the department.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.815 Application for training program approval {#sec-8-aac-61.815 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.815}

An application for approval of a painter certification training program must be submitted to the department on an application form supplied by the department, and must include

(1) the applicant's name, address, and telephone number;

(2) a detailed description of the contents of the training course which verifies inclusion of the subjects and procedures described in 8 AAC 61.845;

(3) a copy of all written materials to be used;

(4) a description and a copy of all audio-visual materials to be used in the training course;

(5) a copy of the written examination to be administered to trainees to test their skills and knowledge, and a copy of the answers to the examination;

(6) a description of the practical examination that will be administered to trainees to determine the adequacy of their skills;

(7) a description of the scoring methodology to be used in grading the written examination and in grading the practical examination;

(8) a copy of the informational materials that will be provided to trainees under 8 AAC 61.845(e);

(9) the name of the course instructor, and a description of the instructor's qualifications which verifies that the instructor meets the minimum instructor qualifications in 8 AAC 61.840.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.820 Action on applications {#sec-8-aac-61.820 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.820}

(a) The department will, within 30 days after receipt, approve an application filed under 8 AAC 61.810 which meets the requirements of 8 AAC 61.815.

(b) If an application for training program approval does not meet the requirements of 8 AAC 61.815, the department will assist the applicant in meeting the requirements.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.825 Duration of training program approval {#sec-8-aac-61.825 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.825}

(a) The department's approval of a training program is valid for one year after the date of approval unless the department withdraws approval of the program under 8 AAC 61.875.

(b) The department will renew its approval of a training program for a period of one year if the applicant submits

(1) a new application that meets the requirements of 8 AAC 61.815;

(2) a description of the changes made to the current approved program and the reasons for the changes; or

(3) an affidavit stating that no changes in the program have occurred.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.830 Department notification and monitoring of training programs {#sec-8-aac-61.830 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.830}

(a) The operator of a training program approved under 8 AAC 61.800 - 8 AAC 61.890 shall notify the department at least three working days before a training course is scheduled to begin. The notification must set out the date, time, and address where the training will be conducted.

(c) The training instructor shall within 10 working days after completion of each training class, send a report to the department which lists the trainees who passed the course. This report must also include a brief evaluation of the course. This report may be used by the training program operator to request changes to the program under 8 AAC 61.835.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.835 Changes to an approved training program {#sec-8-aac-61.835 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.835}

(a) A significant change to an approved training program, such as a change in instructor or a major revision to the curriculum, must be approved by the department.

(b) If a change in state or federal occupational safety and health painting regulations occurs, the department will notify the operator of an approved training program of the change. The training program operator then must incorporate the change into the next scheduled training course.

(c) A training program shall include state-of-the-art information; a training program operator shall update the training program accordingly.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.840 Minimum instructor qualifications {#sec-8-aac-61.840 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.840}

(a) An instructor of a training course approved under 8 AAC 61.800 - 8 AAC 61.890 must be a person who

(1) has at least five years' experience in applying paints, including at least one year of experience in applying hazardous paints;

(2) has provided instruction for at least five years in the abatement of health hazards, including instruction in engineering controls and personal protective equipment;

(3) is an industrial hygienist with at least five years' experience or is certified by the American Board of Industrial Hygiene; or

(4) has at least five years of experience as a safety professional.

(b) Nothing in this section prevents a person who does not meet the requirements of this section from assisting a qualified instructor in conducting a training course, except that the qualified instructor must be present at all times during the training course.

(c) The department will, in its discretion, require proof that an instructor meets the minimum qualifications in (a) of this section.

(d) In this section,

(1) "industrial hygienist" means a person who has a bachelor of science degree in an environmental or health-related science with training in chemistry and toxicology, and specific training and experience in occupational health hazards, their recognition, abatement, and control;

(2) "safety professional" means a person who, by virtue of specialized knowledge and skill, has achieved professional status in the safety field.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.845 Training course requirements {#sec-8-aac-61.845 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.845}

(a) A training course conducted under 8 AAC 61.800 - 8 AAC 61.890 must be conducted in Alaska, must be given using language and nomenclature commonly used by painters, and must provide 16 hours of instruction and testing, including instruction on the following:

(1) an explanation of AS 18.63.010 - 18.63.100 and 8 AAC 61.800 - 8 AAC 61.890, regarding hazardous paint certification, emphasizing the responsibilities of a certificate holder;

(2) an introduction to the terms commonly used in the painting industry and to some of the current technology used in applying paints, including

(A) definitions of paint components such as pigments, vehicles, binders, thinners, solvents, and paint additives;

(B) discussion of methods used to apply paints, such as by brush, roller, air and airless spray equipment, electrostatic equipment, and dip and flow coating; and

(C) discussion of types of paint drying and curing methods, such as solvent evaporation, air and moisture curing, and catalytic action, heat conversion, and chemical crosslinking;

(3) training on how to interpret container labels and the material safety data sheets (MSDSs) that are available for hazardous materials, including an explanation of

(A) the warning signal words "caution," "warning," and "danger" printed on container labels;

(B) the format of an MSDS and the common terms and physical data concepts that are listed on a typical MSDS for a paint product;

(C) how to use the information on the container label and the MSDS to determine proper handling, storage, and clean-up of the product;

(4) training on how to use other reference materials, such as the NIOSH Pocket Guide to Chemical Hazards; the ACGIH TLVs for Chemical Substances in the Work Environment, the Alliance of American Insurers' Handbook of Industrial Solvents and Handbook of Hazardous Materials; and the National Paint and Coating Association's Hazardous Materials Identification System;

(5) instruction on determining the hazardous chemicals found in commercially available products and the potential risk and symptoms of overexposure for each, by reviewing container labels, MSDSs, and the NIOSH (National Institute of Occupational Safety and Health) Pocket Guide to Chemical Hazards;

(6) a general discussion of the medical aspects of exposure to painting and coating processes with emphasis on solvent-induced neurotoxicity;

(7) an explanation of the impact that drugs and alcohol might have on the toxic effects of solvents and paints and their impact on the rate of removal of toxic substances from the body;

(8) information on the medical tests that are available to detect illnesses that might be caused by exposure to paints;

(9) training on the types of hazard controls that should be used when applying paints, including

(A) substitution of less hazardous paints;

(B) engineering controls;

(D) personal protective equipment (PPE);

(10) training on prevention of fire and explosion hazards from sparks or ignition sources when using solvent-based paints;

(11) training on clean-up procedures including safe methods for cleaning skin, hair, and clothing, and methods for cleaning up spills of hazardous materials.

(b) Each trainee must be provided with the following practical training:

(1) methods of ventilation that can be used to minimize or eliminate exposure to hazardous and toxic chemicals of the painter, other workers, and the public; this training should include

(A) methods that can be used to assure adequate airflow in a work area, including adequate exhaust; the relationship between the ventilation source and the work being performed; adequate ventilation of the worker's breathing zone; and adequate supply of make-up air;

(B) use of general dilution ventilation and local exhaust ventilation;

(i) setting up a proper push/pull ventilation system;

(ii) using doorway supply fans and proper painting sequence, depending on the location of the fan;

(iii) selecting the proper air flow directions for various room sizes and shapes;

(iv) identifying and correcting improper fan set-ups; and

(v) using jobsite warning signs and public notification;

(D) methods of ventilation of permanent work sites and how to properly use and maintain spray booths and spray rooms;

(E) methods of ventilation and safety procedures for confined-space entry, including

(i) methods of testing for toxic gases and the level of oxygen present in a confined space;

(ii) isolation methods such as locking out of electrical service, and blanking, blinding, and misalignment of pneumatic and hydraulic lines;

(iii) methods that can be used to remove residual toxic substances from inside the confined space whenever possible before beginning work;

(iv) standby rescue and emergency procedures; and

(v) establishing communications protocols and buddy systems;

(F) potential for overexposure in exterior painting, and the criteria needed to determine if there is adequate natural ventilation; and

(G) the requirements of Alaska occupational safety and health regulations in this chapter for air monitoring for chemical exposures;

(2) training in the proper use of respiratory protective equipment, including

(A) proper selection of respirators, including dust, half-mask and full-face, air purifying, and supplied air respirators;

(B) use of the NIOSH Pocket Guide, container labels and MSDSs, to determine the proper respirators to be used for specific hazardous materials;

(D) conducting a self-administered qualitative fit test that can be done in the field, including positive and negative pressure checks;

(E) selecting proper cartridges and filters, and methods that can be used to predict the life of the cartridges and filters;

(F) using an air-supplied system, including the risk of oil and carbon monoxide contamination; the need for filters and carbon monoxide and emergency shut-off alarms; and the need for an emergency contingency plan;

(G) recognizing inappropriate or damaged respiratory protective equipment; and

(H) disassembling, cleaning, maintaining, and donning an air purifying respirator;

(3) wearing an air purifying respirator for at least one hour during the practical training portion of the course;

(4) training in the proper use and selection of personal protective clothing and eye protection, including

(A) using the ACGIH Guidelines for the Selection of Chemical Protective Clothing or safety equipment manufacturers' or distributors' catalogues and reference materials to determine the proper gloves, chemical protective clothing, and eye protection that should be used for specific hazardous paints;

(B) using barrier creams on exposed skin to protect the skin and to facilitate clean-up of exposed parts of the body without the need to use solvents.

(1) Alaska occupational safety and health standards regulations, subch. 1, para. 0105(c)(4), sec. 0403, and sec. 0501; subch. 4, sec. 0101 and 0103; and subch. 5, sec. 250, as adopted by reference in 8 AAC 61.010;

(2) the requirements of subch. 15, Hazard Communications Code, Alaska occupational safety and health standards, as adopted by reference in 8 AAC 61.010; and

(3) the U.S. Environmental Protection Agency's certification requirements for persons who apply and handle wood preservative chemicals.

(d) The operator of a training program may require that a trainee have medical approval before being provided with hands-on training in the use of a self-contained breathing apparatus.

(e) The operator of a training program shall provide the following materials to each trainee, to be kept by the trainee for future reference:

(1) A copy of the Alaska occupational safety and health regulations listed in (c)(1) and (c)(2) of this section;

(2) a copy of 8 AAC 61.800 - 8 AAC 61.890;

(3) an example of an MSDS for a typical paint containing hazardous materials;

(4) a brochure, available from the department, on the health effects of paints and coatings;

(5) a list of substances that should not be spray-applied;

(6) a list of substances that are known to absorb through the skin.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.850 Examinations {#sec-8-aac-61.850 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.850}

(a) An examination shall be given to each trainee to test the trainee's knowledge and skill in the subjects and procedures covered by a training course.

(b) The examination under this section shall include a written examination that tests a trainee's knowledge of the material covered in the training course, including

(1) the requirements of 8 AAC 61.800 - 8 AAC 61.890, including the requirement that the required certificate must be in the worker's possession when performing or supervising hazardous painting work; the fines that may be assessed and citations that may be issued for violations of the applicable statutes or regulations; and renewal requirements;

(2) determining potential workplace hazards of several paint products, using container labels, MSDSs, and the NIOSH Pocket Guide to Chemical Hazards; a trainee should be able to determine the following information from these reference materials:

(A) emergency telephone numbers to be called in case of an overexposure;

(B) the hazardous ingredients of the product;

(D) the health hazards, the symptoms of overexposure, and the parts of the body that can be affected;

(E) the first aid and medical response recommended if an emergency should occur;

(F) the fire and explosion hazards;

(G) the proper personal protective equipment needed when working with the product.

(3) recognizing the signs and symptoms of acute and chronic solvent neurotoxicity; the trainee should understand the unreliability of using odor threshold in determining exposure levels, the permanent neurobehavioral effects of solvent neurotoxicity, and the risk of overexposure from skin contact;

(4) the types of controls that may be used to control hazardous exposures; the trainee should be able to provide examples of each type of control and the priority in which they should be implemented;

(5) recognizing potential sources of ignition for solvent vapors;

(6) setting up ventilation systems, by using floor plans for various sizes and shapes of rooms, to identify the steps to follow for adequate airflow; demonstrating a push/pull system of ventilation; and demonstrating the proper work sequence; and

(7) recognizing the airflow and maintenance requirements for spray booths and rooms, and the proper placement of work in the booth or room to reduce exposure.

(c) The examination under this section shall include a practical examination that tests a trainee's skill in the following techniques and procedures:

(1) recognizing inappropriate or damaged respiratory equipment;

(2) following basic field fit testing, donning, disassembly, cleaning, maintenance, and storage procedures for respiratory equipment;

(3) setting up ventilation fans in test rooms and determining work sequence for solvent-based paints.

(d) An oral examination by the course instructor may, with the department's approval, be substituted for the written test required in (b) of this section. In addition to covering the other subjects set out in (b) of this section, an oral examination must test the applicant's ability to read and understand the labeling information on a paint can, and to read and understand an MSDS of a paint containing hazardous materials.

(e) The minimum passing score on the examination required by (a) of this section is 70 percent. The trainee's score on the practical examination required under (c) of this section carries a weight of 40 percent.

(f) Trainees may not be provided with copies of the written and practical examinations except for the purpose of taking the examinations. All examination materials must be returned to the instructor after the examination. Each examination paper must be numbered, and the name of the student being tested must be on the examination paper. Only the instructor may grade the examinations. Trainees may be verbally given answers to the examination questions after all examinations have been returned to the instructor.

History

Authority: AS 18.63.010; AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.855 Issuance of hazardous painting certificate {#sec-8-aac-61.855 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.855}

(a) A hazardous painting certificate will be issued by the department to a person who completes a training course conducted under 8 AAC 61.800 - 8 AAC 61.890, passes the examination described in 8 AAC 61.845 and 8 AAC 61.850(a), and pays the certificate fee required by 8 AAC 61.860. The department will issue a certificate within 10 working days after receiving a completed application.

(b) A person must provide proof that the person completed the training course not more than 90 days before sending the application for a certificate to the department. Proof of completion must be on the application form provided by the department to the operator of the training program. The completed application form must indicate the applicant's name, address, physical description, and the applicant's score on the examination required under 8 AAC 61.850(a).

(c) A person may submit an application for a certificate by mail, electronic mail, or in person at the Mechanical Inspection office in Anchorage.

(d) A certificate issued under this section will be on a form provided by the department and will include the certificate's expiration date and the certificate holder's name, physical description, and photograph. The certificate is non-transferable.

(e) If a certificate holder loses the certificate, the holder must contact the Anchorage office of the mechanical inspection section of the department to obtain a duplicate certificate.

History

Authority: AS 18.63.020; AS 18.63.060
Eff. 5/14/89, Register 110; am 6/14/2006, Register 178; am 2/23/2011, Register 197; am 4/16/2022, Register 242

8 AAC 61.860 Fee and duration of certificate {#sec-8-aac-61.860 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.860}

(a) An applicant shall pay a fee of $100 to the department for a hazardous painting certificate and $25 for a duplicate certificate.

(b) A certificate is valid for three years after the date of issuance.

History

Authority: AS 18.63.020; AS 18.63.030; AS 18.63.060
Eff. 5/14/89, Register 110; am 6/14/2006, Register 178

8 AAC 61.865 Renewal of certificate; refresher course {#sec-8-aac-61.865 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.865}

(a) A hazardous painting certificate issued under 8 AAC 61.855 will be renewed by the department if the certificate holder attends, and successfully completes, at least an 8-hour refresher course conducted by a training program approved under 8 AAC 61.800 - 8 AAC 61.890. The refresher course must include instruction in the following:

(1) changes in state or federal regulations pertaining to painting practices and procedures;

(2) changes in the state of the art of painting practices, procedures, personal protection, and engineering controls;

(3) new hazardous paints and hazardous paint contents that have become available since the certificate holder received his or her current certificate, and the techniques for applying these new paints; and

(4) review of the training requirements set out in 8 AAC 61.845 for wearing air-supplied respirators, compressed air systems, confined space entry, and medical implications from working with paints.

(b) A certificate renewed under this section is valid for three years after the date of issuance.

(c) The certificate holder need not take the refresher course from the same training program that provided previous training or refresher courses.

(d) The fee for renewal of a certificate is $100.

History

Authority: AS 18.63.020; AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.870 Revocation of certificate {#sec-8-aac-61.870 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.870}

(a) The department will, in its discretion, revoke a certificate issued under 8 AAC 61.855 if a certificate holder

(1) provides, to an employer or to the department, false information relative to his or her hazardous painting certification;

(2) has a mental or physical impairment that the department determines might interfere with the certificate holder's safe performance of painting; or

(3) knowingly or recklessly disregards safe work practices while performing painting work.

(b) If the department revokes a certificate, the department will promptly notify the certificate holder in writing of the reason for the revocation and of the procedure under 8 AAC 61.880 for appealing the revocation.

(c) If the certificate holder does not appeal the revocation to the commissioner within the time set in 8 AAC 61.880, the revocation takes effect on the day following the last day for filing an appeal. If the certificate holder appeals the revocation to the commissioner within the time set in 8 AAC 61.880, the certificate remains valid until the commissioner rules on the appeal.

(d) A person whose certificate is revoked under this section shall surrender the certificate to the department. A person is ineligible to obtain a new certificate for a period of at least 90 days, but not exceeding one year, after the effective date of the revocation, as determined by the department. A certificate obtained by a person during a period of ineligibility is not valid.

(e) In determining the period of ineligibility under (d) of this section, the department will consider the circumstances upon which the revocation is based.

History

Authority: AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.875 Withdrawal of training program approval {#sec-8-aac-61.875 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.875}

(a) The department will, in its discretion, withdraw its approval under 8 AAC 61.800 - 8 AAC 61.890 of a training program if the operator of the training program

(1) provides false information to the department;

(2) fails to provide training as specified in the approved training program;

(3) fails to adequately test a trainee as required by 8 AAC 61.850; or

(4) violates any other provision of 8 AAC 61.800 - 8 AAC 61.850.

(b) If the department withdraws approval of a training program, the department will promptly notify the operator of the program, in writing, of the reason for the withdrawal of approval and the procedure under 8 AAC 61.880 for appealing the withdrawal.

(c) A training program for which approval has been withdrawn under this section is ineligible for approval for a period of at least 90 days, but not exceeding one year after the effective date of the withdrawal, as determined by the department.

(d) In determining the period of ineligibility under (c) of this section, the department will consider the severity of the violation upon which the withdrawal of program approval is based.

(e) After the period of ineligibility specified by the department under (c) of this section has expired, the operator of the training program may apply to the department for re-approval. The application must meet the requirements of 8 AAC 61.815 and must provide documentation that the deficiency for which the department withdrew approval has been corrected.

History

Authority: AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

8 AAC 61.880 Appeals {#sec-8-aac-61.880 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.880}

(a) A revocation under 8 AAC 61.870, a withdrawal under 8 AAC 61.875, or a citation and penalty under 8 AAC 61.885 is final unless the person affected files an appeal with the commissioner within 30 calendar days after receipt of the notice of revocation, notice of withdrawal, or citation and penalty. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) The commissioner's decision will be based upon the department record, and will state the facts relied upon by the commissioner in deciding the matter.

(c) The commissioner will, in his or her discretion, hold a hearing on the appeal to supplement the department record if clarification or additional facts are necessary for a proper resolution of the appeal.

(d) A copy of the commissioner's decision will be sent to the appellant by certified mail within 10 days after receipt of the appeal if a hearing is not held, or within 10 days after the date of the hearing if a hearing is held. The decision will include a statement of the appellant's right to further appeal.

History

Authority: AS 18.63.060
Eff. 5/14/89, Register 110; am 8/8/90, Register 115

8 AAC 61.885 Citations and penalties {#sec-8-aac-61.885 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.885}

(a) As provided in AS 18.63.050(2) and 18.63.070, the department will issue a citation, with a penalty, to a person who employs or contracts with a professional painter to perform hazardous painting if the professional painter does not have a certificate issued under 8 AAC 61.800 - 8 AAC 61.890. The department will also impose a civil penalty on a person who provides a falsified hazardous painting certificate to an employer or makes a false statement to an employer or the department regarding the person's certification. The department will consider the severity of the violation in determining the amount of a penalty under this subsection.

(b) The department will issue a citation with penalty, as provided in AS 18.63.050(3) and 18.63.070, to a professional painter who uses a falsified hazardous painting certificate to obtain employment for which certification is required under AS 18.63 and 8 AAC 61.800 - 8 AAC 61.890.

(c) For purposes of (a) of this section, a separate citation will be issued for each professional painter who is not certified as required by AS 18.63 and 8 AAC 61.800 - 8 AAC 61.890. Each citation will, in the department's discretion, include a separate penalty.

History

Authority: AS 18.63.010; AS 18.63.050; AS 18.63.070
Eff. 5/14/89, Register 110; am 8/8/90, Register 115

8 AAC 61.890 Definitions {#sec-8-aac-61.890 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.890}

(a) In 8 AAC 61.800 - 8 AAC 61.890,

(1) "commissioner" means the commissioner of the Department of Labor and Workforce Development or the commissioner's designee;

(2) "department" means the Department of Labor and Workforce Development;

(3) "hazardous paints" means paints that contain or are combined with a toxic or hazardous substance, as defined in AS 18.60.105, and that are used in vaporized, liquid, or particulate form to create a coating that will adhere to a surface to protect or preserve the surface; "hazardous paints" do not include water-based paints that do not contain emulsion epoxies or isocyanates.

(b) As defined in AS 18.63.100, "professional painter"

(1) includes

(A) a person who is performing painting work subject to the contractor registration requirements of AS 08.18;

(B) a person who is employed as a painter; and

(2) does not include

(A) a person who performs painting on an incidental basis; and

(B) a person who is a corporate officer or employee of a contractor engaged in the business of painting, but who does not supervise painting operations or handle and apply paints.

History

Authority: AS 18.63.010; AS 18.63.040; AS 18.63.060
Eff. 5/14/89, Register 110

Article 11 Occupational Safety and Health Standards

8 AAC 61.1010 Standards {#sec-8-aac-61.1010 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1010}

(a) Under AS 18.60.030, 29 C.F.R. 1904.0 - 1904.38 and 1904.40 - 1904.46, as amended, are occupational safety and health standards in this state, as revised in this section and except as provided in 8 AAC 61.1015.

(b) Under AS 18.60.030, 29 C.F.R. 1910.5(c) and (d), 1910.6, 1910.7, 1910.12, 1910.19 - 1910.1018, 1910.1020, and 1910.1024 - 1910.1450, as amended, are occupational safety and health standards in this state, as revised in this section and except as provided in 8 AAC 61.1020 - 8 AAC 61.1110.

(c) Under AS 18.60.030, 29 C.F.R. 1926.10 - 1926.29, 1926.31 - 1926.1153, 1926.1200 - 1926.1213, and 1926.1400 - 1926.1442, as amended, are occupational safety and health standards in this state, as revised in this section and except as provided in 8 AAC 61.1145 - 8 AAC 61.1170.

(d) Under AS 18.60.030, 29 C.F.R. 1928.21 - 1928.1027, as amended, are occupational safety and health standards in this state, as revised in this section.

(e) Unless the context in which a term is used clearly requires a different meaning, the following revisions are necessary to make requirements of the federal regulations listed in (a) - (d) of this section technically feasible in this state:

(1) all references to "Occupational Safety and Health Review Commission" are revised to read "Alaska Occupational Safety and Health Review Board";

(2) all references to "Assistant Secretary," "Director," and "OSHA Area Director" are revised to read "Director of Labor Standards and Safety";

(3) all references to "OSHA" are revised to read "Alaska Occupational Safety and Health (AKOSH)."

8 AAC 61.1015 Additional standards for recording and reporting occupational injury and illness: annual summary {#sec-8-aac-61.1015 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1015}

Notwithstanding the posting requirements of 29 C.F.R. 1904.32, as amended, which is listed in 8 AAC 61.1010(a) as an occupational safety and health standard in this state, if an establishment is closed at the end of a calendar year because the establishment operates on a seasonal schedule, the annual summary required by 29 C.F.R. 1904.32 must be posted in a conspicuous place

(1) beginning no later than 15 days after the establishment opens for the next season; and

(2) remain posted for

(A) 90 consecutive calendar days; or

(B) if the establishment will be open for less than 90 consecutive days in that season, the entire length of time that the establishment is open in that season.

8 AAC 61.1020 Additional explosive and blasting standards {#sec-8-aac-61.1020 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1020}

(a) In addition to the requirements set out in 29 C.F.R. 1910.109 (e), as amended, an employer shall ensure the following:

(1) all employees doing excavation, tunnel, quarry, earth removal, or construction work, and who are emplacing explosives for detonation, installing primers, fuses, wires, or other means of detonation, or detonating explosives, are required to obtain a certificate of fitness for explosive handlers issued by the department, the standards and application procedures for certificate of fitness for explosive handlers are contained in 8 AAC 62.020 - 8 AAC 62.070;

(2) an employee handling explosive materials shall be supervised by a holder of a certificate of fitness for explosive handlers and shall be at least 18 years of age.

(b) Notwithstanding 29 C.F.R. 1910.109(e)(1)(v), if fewer than six hours of daylight will occur in a 24-hour period, blasting operations may be performed at night if the employer ensures that the following additional safety requirements for employees are met:

(1) all affected employees must be notified before night-time blasting operations are begun; notification must be by verbal communication and by posting a notice in a place where notices to employees are usually posted by the employer;

(2) the department must be notified at least 72 hours before blasting work is begun, indicating the location where blasting will be done and the approximate length of time the blasting will be in progress; upon completion of the blasting operations, the department must be notified of completion;

(3) written procedures on how night blasting operations will be controlled must be made available upon request to the department when blasting is to be done within one-half mile of populated areas; these procedures must show the specific precautions that will be taken to ensure control of the site where blasting will be done and must place an emphasis on the protection of employees;

(4) the blaster must have a current state certificate of fitness for explosive handling and must be designated in writing by the employer for each night-blasting project; the blaster shall be responsible for all activities of employees within the blasting area and within 100 feet of the blasting area; the blaster shall control access by employees to this area;

(5) a minimum of four mobile flood light complexes must be used to illuminate the blasting area; each flood light complex must have its own generator plant, complete with four 1,000 watt flood lights, and must be capable of illuminating the blasting area so that there will be no shadows or darkened areas; additional flood light complexes must be brought into use if the blaster considers them necessary for safe operations to protect employees;

(6) the employer shall control access to the entire site to ensure that an employee does not enter unsafe areas during the blast;

(7) the blaster must be protected from flying rock by either adequate shelter or by keeping a safe distance from the blast; all other employees shall leave the blast site and keep a sufficient distance away from flying rock due to the blast;

(8) after the blast, and before any employees or equipment enter the blast site, the flood light complexes must be repositioned to illuminate the site as specified by the blaster; the blaster shall examine the area for misfires, loose explosives, or other hazards; handheld battery-powered lamps, approved by a nationally recognized testing laboratory as defined in 29 C.F.R. 1910.7 for use in hazardous locations, may be used to supplement the flood light complexes during this examination; an employee may not enter the area until the blaster gives clearance to do so.

(c) In this section, "night" or "night time" means the hours from one-half hour after sunset to one-half hour before sunrise.

8 AAC 61.1030 Additional respiratory protection standards {#sec-8-aac-61.1030 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1030}

In addition to the requirements set out in 29 C.F.R. 1910.134(i)(5), as amended, the employer shall either:

(1) station a competent employee outside of the work area to monitor and attend the compressor and other equipment that supplies breathing air; this employee must be trained in supplied air systems and must receive instruction in the function and maintenance of the particular supplied air system that is being used at the work site; this employee must be able to demonstrate the ability to respond appropriately to a malfunction of the system; or

(2) employ a compressed air system that includes alarms for compressor failure and overheating; the system must be equipped with a carbon monoxide alarm; all compressed air systems must be equipped with in-line adsorbents and filters to deliver Grade D air; alarms must alert respirator wearers of problems either remotely or by being loud enough to be heard up to 300 feet away; the monitoring equipment, alarms, and filters must be checked before use to ensure they are working properly.

8 AAC 61.1040 Additional temporary labor camp standards {#sec-8-aac-61.1040 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1040}

(a) 29 C.F.R. 1910.142(b)(2), as amended, is revised to read: "Each room used for sleeping purposes shall contain at least 60 square feet of floor space for each occupant. At least a 7-foot ceiling shall be provided."

(b) Notwithstanding (a) of this section, in temporary labor camps that are occupied for a period of occupancy of no more than 60 consecutive days per year, sleeping rooms shall contain at least 50 square feet of floor space for each occupant. A period of occupancy begins with the first day of habitation in the camp and ends 60 days later regardless of intermittent periods of closure or vacancy. At least 60 days must elapse between periods of occupancy in successive calendar years in order to utilize the 50-square-foot exception available under this subsection.

8 AAC 61.1050 Additional permit-required confined space standards {#sec-8-aac-61.1050 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1050}

(a) Repealed 11/29/2017.

(b) Notwithstanding 29 C.F.R. 1910.146, the employer shall ensure that double block and bleed systems are not used as a means of isolation when the ambient air temperature at the point of isolation or the temperature of the product in the line at the point of isolation is at or below 32° Fahrenheit (0° Celsius).

NOTE: Attendants may not be assigned to monitor more than one permit space. Attendants may be stationed at any location outside the permit space to be monitored as long as the duties described in 29 C.F.R. 1910.146(c)(5)(i) can be effectively performed. The attendant must be in direct and constant communication with the entrants.

(d) The following definition supplements those definitions found in 29 C.F.R. 1910.146(b): "calibrated direct-reading instrument" means a sampling instrument in which analysis takes place within the instrument such that sampling information can be read directly from a dial or display that has been checked for accuracy against a standard of known specifications and adjusted, if necessary, according to specifications or recommendations of the manufacturer to indicate values as close as possible to the true value.

8 AAC 61.1060 Additional logging standards {#sec-8-aac-61.1060 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1060}

The State of Alaska Occupational Safety and Health Additional Logging Standards dated July 31, 1995 are hereby adopted by reference to supplement 29 C.F.R. 1910.266, as amended.

8 AAC 61.1070 Additional telecommunication standards {#sec-8-aac-61.1070 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1070}

(a) Notwithstanding 29 C.F.R. 1910.268(b)(7), as amended, an employer may not allow an employee to approach or take any conductive object, without an insulating handle that meets the requirements of 29 C.F.R. 1910.269, closer to exposed energized parts of 5,000 volts or greater from phase-to-phase or phase-to-ground than shown in Tables R-6 - R-10 contained in 29 C.F.R. 1910.269, as amended.

(b) Notwithstanding 29 C.F.R. 1910.268(b)(7), as amended, an employer may not allow an employee to perform rubber glove work on energized lines of 5,000 volts or greater from phase-to-phase or phase-to-ground.

8 AAC 61.1080 Additional electrical power generation, transmission, and distribution standards {#sec-8-aac-61.1080 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1080}

(a) Notwithstanding 29 C.F.R. 1910.269(l)(2), as amended, an employer may not allow an employee to approach or take any conductive object, without an approved insulating handle that meets the requirements of 29 C.F.R. 1910.269(j)(1), closer to exposed energized parts of 5,000 volts or greater from phase-to-phase or phase-to-ground than shown in Tables R-6 - R-10 in 29 C.F.R. 1910.269, as amended.

(b) Notwithstanding 29 C.F.R. 1910.269(l)(2) and (l)(3), as amended, an employer may not allow an employee to perform rubber glove work on energized lines of 5,000 volts or greater from phase-to-phase or phase-to-ground.

(c) Notwithstanding 29 C.F.R. 1910.269(l)(2) and (q)(3), as amended, live-line bare-hand work on overhead lines by employees is prohibited.

Notwithstanding 29 C.F.R. 1910.333(c)(3), as amended, an employer may not allow an employee to perform rubber glove work on energized lines of 5,000 volts or greater from phase-to-phase or phase-to-ground.

8 AAC 61.1100 Additional air contaminants standards {#sec-8-aac-61.1100 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1100}

Table Z-1-A of this section sets out the standards to test limits for air contaminants in place of Table Z-1 contained in 29 C.F.R. 1910.1000, as amended. Notwithstanding Table Z-1-A, where 29 C.F.R. 1910.1053 applies, the permissible exposure limit for crystalline silica is 50 micrograms per cubic meter.

Click to view FORM

8 AAC 61.1110 Additional hazard communication standards {#sec-8-aac-61.1110 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1110}

(a) In addition to the requirements set out in 29 C.F.R 1910.1200, as amended, an employer shall have a physical agent data sheet for each physical agent present in the employer's workplace.

(b) Each physical agent data sheet must be in English and must contain at least the following information:

(1) the name of the physical agent;

(2) a description of the physical agent;

(3) the health hazards of the physical agent, including signs and symptoms of exposure, and any medical conditions that are generally recognized as being aggravated by exposure to the physical agent;

(4) the permissible exposure limit established by these regulations or American Conference of Governmental Industrial Hygienists threshold limit value;

(5) whether the physical agent is a or a potential carcinogen;

(6) any generally applicable precautions or safety procedures;

(7) any generally applicable control measures, such as appropriate engineering controls, work practices, or personal protective equipment;

(8) appropriate emergency or first aid procedures related to exposure to the physical agent;

(9) the date of preparation of the physical agent data sheet or the date of the last change to the sheet;

(10) the name, address, and telephone number of the person responsible for the preparation and distribution of the physical agent data sheet.

(c) Physical agent data sheets may be kept in any form, including in a manual of operating procedures, and may be designed to cover groups of physical agents in a work area where it may be more appropriate to address the hazards of an entire process rather than of individual physical agents. The physical agent data sheets must be readily accessible during each work shift to employees at their work areas.

(d) Upon an employee's request, an employer must provide a copy of the most recent physical agent data sheet or equivalent written information for a physical agent to which the employee may be exposed. If the copy or information requested by the employer under this subsection is not made available, the employer shall take measures to assure that employees are not exposed to the physical agent to which the copy or information pertains until the copy or information is made available to the employee. This subsection does not alter, deny, or abrogate any legal right an employee may have to refuse to work under hazardous circumstances.

(e) Upon request of the employee, the designated representative of the employee, or the commissioner, the employer must readily make available to the representative or the department physical agent data sheets in the same manner that records must be made available under AS 18.60.067.

(f) An employer must comply with the following posting, information, and training requirements:

(1) a poster that contains the provisions of AS 18.60.065 - 18.60.068 must be displayed at the work site; a poster meeting this requirement is available from the department, but an employer may use any poster that meets this requirement;

(2) safety data sheets, physical agent data sheets, or equivalent information for each toxic or hazardous substance and physical agent to which an employee may be exposed in the work place must be posted;

(3) instead of posting the information required under (2) of this subsection, an employer may post a list of the chemical name and product name of each toxic or hazardous substance and physical agent to which an employee may be exposed in the workplace, together with an identification of a location, in or near the workplace and accessible to employees, where an employee may inspect the safety data sheets, physical agent data sheets, or equivalent information at any time during the work shift;

(4) an employer must provide employees with information and training on physical agents in their work area at the time of their initial assignment and whenever a new physical agent is introduced into their work area.

(g) In this section,

(1) "physical agent" means heat stress, cold stress, hand-arm (segmental) vibration, ionizing radiation, lasers, noise, radio frequency and microwave radiation, or ultraviolet radiation which exceeds the threshold established in the 2018 edition of TLVs(R) and BEIs/rs, published by the American Conference of Governmental Industrial Hygienists (ACGIH);

(2) "physical agent data sheet" means written or printed material concerning a physical agent that is prepared in accordance with (b) of this section.

8 AAC 61.1145 Additional air contaminate standards for construction {#sec-8-aac-61.1145 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1145}

Notwithstanding 29 C.F.R. 1926.55, as amended, Table Z-1-A of 8 AAC 61.1100 sets out the standards to test limits for air contaminants for construction in place of Appendix A contained in 29 C.F.R. 1926.55(a), as amended. Notwithstanding Table Z-1-A, where 29 C.F.R. 1926.1153 applies, the permissible exposure limit for crystalline silica is 50 micrograms per cubic meter.

8 AAC 61.1150 Additional bolting, riveting, fitting-up, and plumbing-up standards {#sec-8-aac-61.1150 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1150}

(a) In addition to the requirements set out in 29 C.F.R. 1926.752, as amended, when connecting beams,

(1) the employer shall have one employee giving signals and shall make sure other employees are kept a safe distance from the beams being connected;

(2) one end of the beam shall be bolted before an employee begins the process to connect the other end;

(3) a beam shall be connected with a minimum of two bolts at each end;

(4) a beam may not be cut free until the minimum number of bolts have been installed; a connection of a beam by a wrench or drift pin does not meet the requirements of this paragraph;

(5) when setting columns and before detaching lifting falls, the employer shall ensure that either the anchor bolts are fully tightened or temporary guys are affixed; and

(6) an employer shall ensure that, if feasible, an employee straddle the beam rather than walk along the top of the beam.

(b) An employer may not allow an employee to install a prefabricated beam with studs protruding from the top flange of the beam.

(c) If traffic surface of a beam is rendered hazardous by the installation of studs after the beam is installed, the employer shall require that the surface be made safe by the erection of a wooden deck over the studs. The employer shall require that the wooden deck be secured to the beam in a manner as to overlap the beam by two inches on both sides of the beam.

(d) In this section,

(1) "beam" means a structural steel member;

(2) "stud" means all protruding metal attachments to a beam, including spirals and shear connectors applied to a beam;

(3) "traffic surface" means that portion of a beam that an employee uses as a walkway.

8 AAC 61.1160 Additional power transmission and distribution standards {#sec-8-aac-61.1160 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1160}

(a) Notwithstanding 29 C.F.R. 1926.950(c)(1), as amended, an employer may not allow an employee to perform rubber glove work on energized lines of 5,000 volts or greater from phase-to-phase or phase-to-ground.

(b) Notwithstanding 29 C.F.R. 1926.950(c)(1), as amended, an employer may not allow an employee to approach or take any conductive object, without an insulating handle that meets the requirements of 29 C.F.R. 1910.269(j)(1), closer to exposed energized parts of 5,000 volts or greater than shown in Tables R-6 - R-10 contained in 29 C.F.R. 1910.269, as amended, or Table V-1 contained in 29 C.F.R. 1926.950, as amended.

8 AAC 61.1170 Additional overhead lines standards {#sec-8-aac-61.1170 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1170}

Notwithstanding 29 C.F.R. 1926.955(a)(5)(i) and (e), as amended, the employer may not allow the use of live-line bare-hand work on overhead lines.

8 AAC 61.1180 Petroleum drilling and production standards {#sec-8-aac-61.1180 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1180}

The State of Alaska Occupational Safety and Health Petroleum Drilling and Production Standards dated October 20, 1995 are adopted by reference.

8 AAC 61.1190 Petroleum refining, transportation, and handling standards {#sec-8-aac-61.1190 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1190}

The State of Alaska Occupational Safety and Health Petroleum Refining, Transportation and Handling Standards dated July 31, 1995 are adopted by reference.

Article 12 General Provisions

8 AAC 61.1930 Place of employment {#sec-8-aac-61.1930 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1930}

"Place of employment" is any place such as, but not limited to, a factory, plant, business, construction site, or other area, workplace or environment where work is performed by an employee of an employer.

8 AAC 61.1940 Establishment {#sec-8-aac-61.1940 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1940}

For the purposes of this chapter, an "establishment" is a single location where business is conducted or where services or industrial operations are performed. However

(1) where distinctly separate activities are performed at a single physical location, each activity will be treated as a separate establishment; and

(2) where public employees are employed, each specific governmental function performed at a single location, or that location which is the lowest level where attendance or payroll records are kept for a group of employees who perform the same governmental function or who are in the same specific organizational unit, even though the activities are carried on at more than a single physical location, will be treated as a separate establishment.

8 AAC 61.1950 Posting of notice of AS 18.60.010 - 18.60.105 {#sec-8-aac-61.1950 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1950}

Each employer shall post and keep posted a notice or notices, to be furnished by the department, informing employees of the protections and obligations provided for in AS 18.60.010 - 18.60.105. The notice or notices must be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to insure that the notices are not altered, defaced, or covered by other material.

8 AAC 61.1960 Definitions {#sec-8-aac-61.1960 omnilex-key=us-ak-regs-official--title-8--8 AAC 61.1960}

Unless the context indicates otherwise, in this chapter

(1) "board" means the Occupational Safety and Health Review Board;

(2) "commissioner" means the Commissioner of Labor and Workforce Development;

(3) "department" means the Alaska Department of Labor and Workforce Development;

(4) "director" means the director of the division of labor standards and safety, Department of Labor and Workforce Development;

(5) "division" means the division of labor standards and safety, Department of Labor and Workforce Development.

Chapter 62 Explosives Handlers

8 AAC 62.010 Certificate of fitness required {#sec-8-aac-62.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.010}

Repealed 5/26/79.

8 AAC 62.020 Applications for certificates {#sec-8-aac-62.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.020}

(a) All persons handling explosives who are required by AS 08.52.020 to hold a certificate of fitness shall apply for a certificate in writing on a form prescribed by the department. The application must include the following information:

(1) applicant's name and address;

(2) applicant's age;

(3) applicant's citizenship;

(4) applicant's employment history;

(5) applicant's physical disabilities;

(6) whether applicant has ever been licensed as an explosive handler;

(7) whether applicant has ever been refused a license and the reason for the refusal;

(8) whether applicant's explosive handler's license was ever revoked;

(9) whether the applicant is under indictment for or has been convicted of a crime as described in 18 U.S.C. 842(i)(1) or 8 AAC 62.030(6);

(10) documentation of completion of a training course that meets the requirements of 8 AAC 62.059;

(11) information related to any of the factors listed in 18 U.S.C. 842(i)(1) - (7).

(b) The application must include two copies of the applicant's fingerprints and fees as required under AS 08.52.035, except that an applicant may instead submit the applicant's original documentation issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (USATFE) showing the applicant's successful background check conducted within the 18 months preceding the date of application by USATFE for the purposes of obtaining a federal license for the transportation, shipping, receiving, or possession of explosive materials.

History

Authority: AS 08.52.010; AS 08.52.030; AS 08.52.035
Eff. 1/2/71, Register 36; am 5/26/79, Register 70; am 9/27/2008, Register 187; am 2/23/2011, Register 197; am 6/21/2018, Register 226

8 AAC 62.030 General certificate of fitness {#sec-8-aac-62.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.030}

A certificate of fitness authorizes the holder to use explosives in connection with activities described in AS 08.52.020, if the use of the explosives is not otherwise prohibited by law. A certificate of fitness, effective for three years after the date of issue, will be issued by the department if the applicant

(1) passes an examination provided by the department;

(2) has at least six months of documented, hands-on experience in this state as a chuck tender, driller, or helper of a holder of a certificate of fitness;

(3) is not afflicted with a mental or physical disability that could affect the applicant's safe handling and use of explosives;

(4) pays a $150 fee;

(5) is not under indictment for, and has not been convicted of, a crime as described in 18 U.S.C. 842(i)(1);

(6) is not under indictment for, and has not been convicted of, any of the following crimes:

(A) a misdemeanor, including an attempted misdemeanor, under AS 11.41 (Offenses Against the Person), or an offense under a law or ordinance of another jurisdiction having elements similar to that offense;

(B) a misdemeanor, including an attempted misdemeanor, under AS 11.46 (Offenses Against Property), or an offense under a law or ordinance of another jurisdiction having elements similar to that offense;

(C) a misdemeanor involving domestic violence; in this subparagraph, "misdemeanor involving domestic violence" means a misdemeanor within the meaning of "crime involving domestic violence" in AS 18.66.990; and

(7) would not be prohibited from transporting, possessing, storing, or manufacturing explosives under 18 U.S.C. 842(i)(2) - (7).

History

Authority: AS 08.52.010; AS 08.52.030; AS 08.52.050 AS 08.52.020; AS 08.52.040
Eff. 1/2/71, Register 36; am 5/26/79, Register 70; am 7/31/86, Register 99; am 11/7/93, Register 128; am 9/27/2008, Register 187

8 AAC 62.035 Duplicate certificate of fitness {#sec-8-aac-62.035 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.035}

Upon losing a certificate of fitness identification card, the holder shall immediately notify the mechanical inspection section of the department. The cardholder may apply for a duplicate certificate of fitness by paying a $25 fee and providing a government-issued identification card containing the individual's photograph.

History

Authority: AS 08.52.010; AS 08.52.030; AS 08.52.050 AS 08.52.020; AS 08.52.040
Eff. 6/14/2006, Register 178

8 AAC 62.040 Special certificate of fitness {#sec-8-aac-62.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.040}

Repealed 5/26/79.

8 AAC 62.050 Examinations {#sec-8-aac-62.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.050}

If an applicant fails to pass the examination, another examination will be given at the request of the applicant, if at least 30 days have elapsed from the date of the first examination. Only two examinations will be given in a six-month period.

History

Authority: AS 08.52.010; AS 08.52.040
Eff. 1/2/71, Register 36; am 5/26/79, Register 70

8 AAC 62.055 Renewal of certificate of fitness {#sec-8-aac-62.055 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.055}

(a) A certificate of fitness is effective for three years after the date of issue, and may be renewed without reexamination if the certificate holder

(1) submits an updated application on a form prescribed by the department within 30 calendar days after the expiration date of the certificate;

(2) pays a $150 fee; and

(3) provides proof of having completed, within 18 months before application for renewal,

(A) the 32-hour initial training course required under 8 AAC 62.059; or

(B) the eight-hour refresher course required under 8 AAC 62.059.

(b) In its discretion, the department will refuse to renew a certificate for cause.

(1) promptly notified in writing of the reason for the refusal; and

(2) advised in writing that the applicant has the right to appeal the refusal action to the commissioner.

(d) The application must include two copies of the applicant's fingerprints and fees as required under AS 08.52.035, except that an applicant may instead submit the applicant's original documentation issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (USATFE) showing the applicant's successful background check conducted within the 18 months preceding the date of application by USATFE for the purposes of obtaining a federal license for the transportation, shipping, receiving, or possession of explosive materials.

History

Authority: AS 08.52.010; AS 08.52.035; AS 08.52.050 AS 08.52.030; AS 08.52.040
Eff. 5/26/79, Register 70; am 7/31/86, Register 99; am 11/7/93, Register 128; am 9/27/2008, Register 187; am 2/23/2011, Register 197

8 AAC 62.056 Renewal of a lapsed certificate of fitness {#sec-8-aac-62.056 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.056}

(a) If a certificate of fitness is not renewed on or before its expiration date as established under AS 08.52.060, the certificate of fitness lapses.

(b) If a certificate of fitness is lapsed no more than 12 months, the holder may apply for renewal under 8 AAC 62.055. An applicant for renewal under this subsection must meet the requirements of 8 AAC 62.055. The applicant is not required to pass an examination.

(c) If a certificate of fitness is lapsed more than 12 months and less than five years, the holder may apply for renewal under 8 AAC 62.055. In addition to meeting the requirements of 8 AAC 62.055, an applicant for renewal under this subsection must re-take and pass the examination required under 8 AAC 62.030(1).

(d) A certificate of fitness may not be renewed if it has been lapsed for five years or more.

History

Authority: AS 08.52.010; AS 08.52.040 AS 08.52.030; AS 08.52.060
Eff. 9/27/2008, Register 187

8 AAC 62.059 Training requirements {#sec-8-aac-62.059 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.059}

(a) For an applicant for a certificate of fitness to satisfy the training course requirement in 8 AAC 62.020, or for an applicant for renewal of a certificate to meet the refresher course requirement in 8 AAC 62.055, the applicant must document that the course provides at least

(1) 32 hours of instruction in the subject areas listed in (b) of this section, if the course is an initial training course;

(2) eight hours of instruction in the subject areas listed in (b) of this section, if the course is a refresher course.

(b) An initial or refresher course must include instruction in each of the following subject areas:

(1) an introduction to being an explosives handler;

(2) federal statutes and regulations that pertain to explosives handlers;

(3) statutes and regulations of this state that pertain to explosives handlers;

(4) types and properties of explosives;

(5) initiation systems;

(6) blast design;

(7) environmental effects controlling blasting damage;

(8) priming and loading operations;

(9) blasting safety practices;

(10) transportation, recordkeeping, and cold weather operations;

(11) blasting calculations.

History

Authority: AS 08.52.010; AS 08.52.030; AS 08.52.040
Eff. 9/27/2008, Register 187

8 AAC 62.060 Revocation of certificate of fitness {#sec-8-aac-62.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.060}

(a) The department will, in its discretion, revoke a certificate of fitness for cause. The director will hold a hearing to take testimony and will consider the testimony before a decision is made whether to revoke the certificate.

(b) When the department revokes a certificate, the certificate holder will be

(1) promptly notified in writing of the reason for the revocation; and

(2) advised in writing of the right to appeal the revocation action to the commissioner.

(c) A person whose certificate is revoked under this section shall surrender the certificate to the department. A person is ineligible to obtain a new certificate for a period of at least 90 days, but not exceeding one year, after the date of revocation, as determined by the department.

History

Authority: AS 08.52.010; AS 08.52.060
Eff. 1/2/71, Register 36; am 5/26/79, Register 70; am 7/31/86, Register 99

8 AAC 62.065 Appeals {#sec-8-aac-62.065 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.065}

(a) A revocation under 8 AAC 62.060 or a refusal by the department to renew a certificate under 8 AAC 62.055 is final unless the person affected files an appeal with the commissioner within 30 calendar days after receipt of the notice of refusal or revocation. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief which is sought.

(b) The commissioner's decision will be based upon the departmental record and will state the facts relied upon by the commissioner in deciding the matter.

(c) In his discretion, the commissioner will hold a hearing on the appeal to supplement the departmental record where clarification or additional facts are necessary for a proper resolution of the appeal.

(d) A copy of the commissioner's decision will be sent to the appellant by certified mail.

History

Authority: AS 08.52.010; AS 08.52.040
Eff. 5/26/79, Register 70

8 AAC 62.070 Definitions {#sec-8-aac-62.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 62.070}

In 8 AAC 62.010 - 8 AAC 62.065

(1) "cause" means

(A) providing false information on the application furnished by the applicant or certificate holder to the department;

(B) evidence of improper handling, transportation, use, or storage of explosives by the applicant or certificate holder;

(C) a mental or physical disability that, even with reasonable accommodation, would interfere with the applicant or certificate holder's safe handling of explosives;

(D) the applicant's or certificate holder's indictment for or conviction of a crime as described in 18 U.S.C. 842(i)(1) or 8 AAC 62.030(a)(6);

(E) prohibition of the applicant or certificate holder from transporting, possessing, storing, or manufacturing explosives under 18 U.S.C. 842(i)(2) - (7); or

(F) other conduct considered by the department to show the applicant not to be competent to hold a certificate of fitness as set out in 8 AAC 62.020(a);

(2) "commissioner" means the Commissioner of Labor and Workforce Development or his designee;

(3) "department" means the Department of Labor and Workforce Development;

(4) "director" means the director of the division of labor standards and safety, Department of Labor and Workforce Development, or a designee;

(5) "examination" means a series of prepared questions administered either in writing or orally;

(6) "convicted" or "conviction" means a judgment entered by a court of competent jurisdiction in this state or another jurisdiction, either upon the entry of a plea, including a plea of no contest or nolo contendre, or after a bench or jury trial; "convicted" or "conviction"

(A) includes a suspended imposition of sentence, even if the conviction is formally set aside under AS 12.55.085; and

(B) does not include an executive order of clemency, or a record that has been expunged by order of a court;

(7) "indictment" means one of the following, pending adjudication or dismissal of the matter, or a decision by the district attorney's office not to prosecute:

(A) an indictment by information or presentment for an offense;

(B) an arrest and provision of a uniform summons and complaint for an offense.

History

Authority: AS 08.52.010; AS 08.52.040
Eff. 1/2/71, Register 36; am 5/26/79, Register 70; am 10/2/83, Register 87; am 9/27/2008, Register 187

Chapter 63 Plumbing Code

8 AAC 63.010 Minimum plumbing standards {#sec-8-aac-63.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 63.010}

(a) The codes set out in this section are adopted in accordance with AS 18.60.705 as the minimum plumbing standards to be followed throughout the state, except as provided under AS 18.60.710 or 18.60.735. The department adopts the following codes by reference that are published by the International Association of Plumbing and Mechanical Officials (IAPMO):

(1) Uniform Plumbing Code , 2018 edition, sections 101.0 - 103.2, 103.3.1 - 103.4, 105.0 - 105.2.2, and 105.3 - 106.6 of chapter 1, chapters 2 - 10, chapter 11 excluding the requirements of section 1101.5, chapters 12 - 17, and appendices A - L, with the following revisions:

(A) Section 1210.2.3 (prohibited locations), of the Uniform Plumbing Code is amended by adding section 1210.2.3.1 to read: "1210.2.3.1. Liquefied petroleum gas piping may not serve any gas fired appliance located in a pit or basement where heavier than air gas might collect to form a flammable mixture.";

(B) Section 612.2 (types of systems) of the Uniform Plumbing Code is revised to read: "This section shall apply to multipurpose wet-pipe sprinkler systems that do not include the use of antifreeze. A multipurpose fire sprinkler system shall provide potable water to both fire sprinklers and plumbing fixtures. A stand-alone sprinkler system shall be separate and independent from the potable water distribution system and must have a backflow preventer to separate it from the potable water distribution system. Stand-alone sprinkler systems are not subject to the remaining provisions of this section." ;

(2) Uniform Swimming Pool, Spa and Hot Tub Code , 2018 edition, sections 101.0 - 103.2, 103.3.0, 103.4, 105.3 - 106.6, chapters 2 - 10, and appendices A - C;

(3) Uniform Solar, Hydronics and Geothermal Code , 2018 edition, sections 101.0 - 103.2, 103.4, 105.2 - 105.2.2, 105.3 - 106.6, chapters 2 - 12, and appendices A - C.

(b) Repealed 12/6/2003.

History

Authority: AS 18.60.705; AS 18.60.710
Eff. 8/5/72, Register 43; am 7/12/81, Register 79; am 11/1/2000, Register 156; am 9/25/2002, Register 163; am 12/6/2003, Register 168; am 9/27/2008, Register 187; am 2/23/2011, Register 197; am 10/23/2014, Register 212; am 3/6/2016, Register 217; am 11/5/2017, Register 224: am 4/24/2020, Register 234; am 8/8/2025, Register 255

8 AAC 63.020 Permits {#sec-8-aac-63.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 63.020}

Permits will be issued on a fee basis in accordance with the schedule outlined in AS 18.60.720.

History

Authority: AS 18.60.710; AS 18.60.720
Eff. 8/5/72, Register 43

8 AAC 63.025 Appeals {#sec-8-aac-63.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 63.025}

(a) A notice issued under AS 18.60.725 for a violation of AS 18.60.705 - 18.60.790 or of this chapter is final unless the person affected or the owner or contractor of a construction premise affected files an appeal with the commissioner within 30 days after receipt of the notice. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) The commissioner's decision will be based upon the departmental record including the written appeal and will state the facts relied upon by the commissioner in deciding the appeal.

(c) The commissioner, in his discretion, will hold a hearing on the appeal to supplement the record where clarification or additional facts are necessary for a proper resolution of the appeal.

(d) A hearing held under this section will be conducted in accordance with the Administrative Procedure Act (AS 44.62) except that the director will act as hearing officer. In addition to other powers conferred, the hearing officer may

(1) issue a subpoena or subpoena duces tecum to compel production of testimony or other evidence at the hearing;

(2) permit the testimony of a material witness to be taken by deposition;

(3) order the continuance of a hearing; or

(4) act upon the evidence before the hearing officer without further notice if the appellant does not appear at the hearing.

(e) Within 30 days after the hearing, a copy of the decision will be sent to the appellant. Within 30 days after the decision is issued, the appellant may appeal to the superior court.

History

Authority: AS 18.60.710; AS 18.60.725
Eff. 10/2/83, Register 87

8 AAC 63.030 Use of plastic drain, waste and vent (dwv) pipe and fittings {#sec-8-aac-63.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 63.030}

Repealed 7/12/81.

Chapter 70 Electrical Safety Code

8 AAC 70.010 Scope and effect {#sec-8-aac-70.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.010}

8 AAC 70.010 - 8 AAC 70.090 apply to all installations of new electrical wiring and alterations to existing electrical wiring in all "public structures," as defined in 8 AAC 70.090, and any place of employment.

History

Authority: AS 18.60.580; AS 18.60.600; AS 18.60.660 AS 18.60.590; AS 18.60.640
Eff. 10/9/70, Register 36

8 AAC 70.020 Minimum standards {#sec-8-aac-70.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.020}

Repealed 5/19/84.

8 AAC 70.025 Minimum electrical standards {#sec-8-aac-70.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.025}

(a) The 2020 Edition of NFPA 70, National Electrical Code, issued by the National Fire Protection Association on August 5, 2019, and approved by the American National Standards Institute on August 25, 2019, constitutes the minimum electrical code for the state and is adopted by reference.

(b) The 2017 Edition of the National Electrical Safety Code (ANSI C2-2017), approved by the American National Standards Institute on April 26, 2016, constitutes the minimum electrical safety standards of the state and is adopted by reference.

History

Authority: AS 18.60.580; AS 18.60.600
Eff. 4/27/96, Register 138; am 12/17/99, Register 152; am 9/25/2002, Register 163; am 6/14/2006, Register 178; am 9/27/2008, Register 187; am 10/16/2012, Register 204; am 10/23/2014, Register 212; am 3/6/2016, Register 217; am 5/9/2018, Register 226; am 4/16/2022, Register 242

8 AAC 70.030 Acceptable standards {#sec-8-aac-70.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.030}

Repealed 5/19/84.

8 AAC 70.035 Electrical maintenance {#sec-8-aac-70.035 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.035}

For purposes of AS 18.60.640(a), new installations and alterations to existing installations do not include electrical maintenance. For purposes of this section,

(1) the replacement or repair of electrical utilization equipment or devices with equipment or devices having the same electrical and mechanical characteristics constitutes electrical maintenance, if the replacement equipment or devices do not

(A) need alteration or adaptation to be installed; or

(B) change the electrical load of the affected circuit; and

(2) the replacement of conduit or other wiring methods, or conductors, regardless of the length or amount, constitutes installation, and is subject to AS 18.60.580 - 18.60.660.

History

Authority: AS 18.60.600; AS 18.60.640
Eff. 9/27/2008, Register 187

8 AAC 70.040 Authorization {#sec-8-aac-70.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.040}

(a) An application for authorization to perform an inspection under AS 18.60.610 must contain the name of the inspector to be authorized, the inspector's working experience and certificate of fitness number, and evidence that the inspector is employed by a corporation, electric utility firm, public utility district, rural electrification association, or municipal utility district furnishing electrical current. This information must be submitted to the department on the employer's letterhead stationery.

(b) If the applicant meets the requirements of this section and AS 18.60.610, the department will appoint the applicant as a deputy electrical inspector.

History

Authority: AS 18.60.600; AS 18.60.610
Eff. 10/9/70, Register 36; am 5/19/84, Register 90

8 AAC 70.050 Submission of plans {#sec-8-aac-70.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.050}

Repealed 5/19/84.

8 AAC 70.060 Inspections {#sec-8-aac-70.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.060}

Inspections conducted under AS 18.60.610 must be reported to the department within 15 days after the date of inspection. The report must contain the

(1) name of the entity employing the inspector;

(2) name of the inspector;

(3) type of inspection;

(4) name of the owner of the premises;

(5) name of the installer of electrical wiring;

(6) address of the premises;

(7) type of premises;

(8) code violations observed; and

(9) fee charged for the inspection.

History

Authority: AS 18.60.600; AS 18.60.610
Eff. 10/9/70, Register 36; am 5/19/84, Register 90

8 AAC 70.070 Inspection fees {#sec-8-aac-70.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.070}

A person, corporation, electric utility firm, rural electrification association, public utility district or municipal utility district that performs an inspection provided for by 8 AAC 70.020 - 8 AAC 70.040, may charge a fee not to exceed $50 per inspection or reinspection.

History

Authority: AS 18.60.600; AS 18.60.620
Eff. 10/9/70, Register 36

8 AAC 70.075 Appeals {#sec-8-aac-70.075 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.075}

(a) A notice issued under AS 18.60.630 for a violation of AS 18.60.580 - AS 18.60.695 or this chapter, based upon a department inspection under AS 18.60.600(a)(2), is final unless a person affected, or the owner or contractor of the premises inspected, files an appeal with the commissioner within 30 days after receipt of the notice. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) The commissioner's decision will be based upon the department's record, including the written appeal, and will state the facts relied upon by the commissioner in making the decision.

(c) The commissioner will, in his or her discretion, hold a hearing on the appeal to supplement the record where clarification or additional facts may be necessary for a proper resolution of the appeal.

(d) A hearing held under this section will be conducted in accordance with AS 44.62.330 - 44.62.630, except that the director of the labor standards and safety division of the Department of Labor and Workforce Development, or his or her designee, shall act as hearing officer.

(e) Within 30 days after the hearing, a copy of the decision will be sent to the appellant. Within 30 days after the decision is issued, the appellant may appeal to the superior court.

History

Authority: AS 18.60.600
Eff. 5/19/84, Register 90

8 AAC 70.080 Computation of time {#sec-8-aac-70.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.080}

Sundays and holidays recognized by the State of Alaska are excluded from the computation of time a notice is mailed. If notice is mailed, the day of mailing and the day of receipt are not included in the computation of time.

History

Authority: AS 18.60.600
Eff. 10/9/70, Register 36

8 AAC 70.085 Sale or transfer of consumer electrical products {#sec-8-aac-70.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.085}

(a) In order to qualify as an approved third-party certification program, it must be conducted by a third-party testing/inspection body that meets the requirements of ANSI Z34.1-1987, American National Standards for Certification - Third-Party Certification Program, published by the American National Standards Institute.

(b) Consumer electrical products manufactured before August 14, 1990 that are not listed by an approved third-party certification program must bear a bright mustard-yellow one and one-half inch by one inch label illustrated below that states the following:

Click to view SEAL

(c) A person who sells, offers to sell, or otherwise transfers a consumer electrical product manufactured before August 14, 1990 shall obtain warning labels from the mechanical inspection section in the Anchorage office of the Department of Labor and Workforce Development. The request must identify the following information about the product to be labeled:

(1) date of manufacture, or if the date of manufacture is not known, a copy of the invoice must be submitted showing date of purchase;

(2) model or catalog number;

(3) product name;

(4) location where the product will be displayed or offered for sale or transfer; and

(5) name and address of the person responsible for the proper application of the label to the product and for the return of all unused or damaged labels to the department.

(d) The warning label must be permanently attached to the electrical product so that it is readily visible to a consumer without lifting or moving the product.

(e) The use of a defaced or altered warning label is prohibited.

History

Authority: AS 45.45.910
Eff. 9/25/93, Register 127

8 AAC 70.086 Exemptions to third-party certification {#sec-8-aac-70.086 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.086}

The following products are exempt from the requirements of AS 45.45.910:

(1) a work of art reviewed by the department and determined to be within the definition of 8 AAC 70.090(10); or

(2) a consumer electrical product that has been determined by the department to be an unusual application design for which no standard of manufacture exists and, in the opinion of the department, does not present an undue hazard to life or property.

History

Authority: AS 45.45.910
Eff. 9/25/93, Register 127

8 AAC 70.090 Definitions {#sec-8-aac-70.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 70.090}

In 8 AAC 70.010 - 8 AAC 70.090

(1) "department" means the Department of Labor and Workforce Development;

(2) "commissioner" means the commissioner of labor and Workforce Development and his authorized designee;

(3) "electrical wiring" means the entire electrical system, including all conducting and shielding material, all regulatory and safety apparatus, and all devices used in the process of installation;

(4) "public structure" means buildings such as hotels, resident housing with more than one rental unit, restaurants, taverns, lodging houses, children's homes, auditoriums, town halls, or any structure designed or used for public assembly, whether publicly or privately financed;

(5) repealed 5/19/84;

(6) "alteration" means an addition to an existing structure where the total cost of the new construction is $2,000 or more;

(7) "electrical product" means any electrical equipment, appliance, material, device, or apparatus to convey or to be operated by electrical current;

(8) "third-party testing/inspection body" means an organization that possesses the necessary technical competence and that is not operated or controlled by a manufacturer, supplier, or buyer of a certified product or service in that it has no organizational, financial, or commercial involvements with the producer or buyer that might pose a potential conflict of interest; and

(9) "work of art" means any electrical components or circuitry intended to be energized as a function of the artistic medium that is not addressed in the National Electrical Code; "work of art" does not include any electrical components or circuitry whose primary purpose is to provide any part of the mechanical or electrical power or lighting system of a building or other structure and its adjacent property.

History

Authority: AS 18.60.600; AS 45.45.910
Eff. 10/9/70, Register 36; am 5/19/84, Register 90; am 9/25/93, Register 127

Chapter 75 Building Safety Regulations

8 AAC 75.010 Prefabricated beams {#sec-8-aac-75.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 75.010}

The installation of a prefabricated beam with studs protruding from the top flange of such beam is prohibited.

History

Authority: AS 18.60.020; AS 18.60.075
Eff. 4/2/72, Register 41

8 AAC 75.020 Traffic surface {#sec-8-aac-75.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 75.020}

The traffic surface of a beam which is rendered hazardous by the installation of studs after the beam is installed shall be made safe by the erection of a wooden deck over the studs. The wooden deck shall be secured to the beam in such a manner as to overlap the beam by no less than two inches on both sides of the beam.

History

Authority: AS 18.60.075
Eff. 4/2/72, Register 41

8 AAC 75.030 Definitions {#sec-8-aac-75.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 75.030}

In secs. 10 and 20 of this chapter

(1) "beam" means a structural steel member;

(2) "stud" means all protruding metal attachments to include but not limited to "Nelson Studs," spirals and shear connectors applied to structural steel members;

(3) "traffic surface" means that portion of the beam which workmen use as a walkway.

History

Authority: AS 18.60.020; AS 18.60.075
Eff. 4/2/72, Register 41

Chapter 77 Elevator Safety Standards

Article 1 Elevator Safety Standards Code

8 AAC 77.005 Elevator safety standards code {#sec-8-aac-77.005 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.005}

The minimum elevator safety standards applicable to elevators, escalators, and similar devices in the state are set out in the following editions of safety codes for elevators, escalators, platform lifts, and stairway chairlifts, published by the American Society of Mechanical Engineers (ASME), and are adopted by reference:

(1) the Safety Code for Elevators and Escalators, 2016 edition (ASME A17.1-2016),

(A) with the following revisions:

(i) Section 2.2.2.3 is amended by replacing the existing language to read:

"2.2.2.3. For pits subject to the periodic accumulation of ground water, a permanent drain or sump pump shall be installed. For pits not subject to the periodic accumulation of ground water, as determined by the authority having jurisdiction, the permanent installation of a drain or sump pump is not required, unless required by section 2.2.2.5. ;

(ii) Section 2.2.2.5 is revised by replacing the existing language to read:

"2.2.2.5. Elevators serving four or more stories above or four or more stories below the level of fire department vehicle access and elevators located in structures with an I-2 occupancy classification shall be provided with a gravity drain or sump pump. The level of fire department vehicle access shall be considered the first story. The drain or sump pump shall have the capacity to remove a minimum of 50 gallons per minute per common elevator hoistway or pit. This provision does not apply to existing elevator hoistways.";

(iii) Section 2.2.2 is revised by adding the following new sections to read:

"2.2.2.7. Sump pumps serving elevators required to be powered by a standby or emergency generator shall also be powered by the standby or emergency generator.

"2.2.2.8. Discharge shall go into the building sanitary drainage system or to an approved location on the exterior of the building.

"2.2.2.9. Discharging into the building sanitary drainage system shall be through an air gap or air break into an approved indirect waste receptor. The indirect waste receptor shall be of such shape and capacity to control splashing or flooding and shall be located where readily accessible for inspection. The sanitary drainage system must be sized in accordance with the plumbing code to accommodate the rate of flow.

"2.2.2.10. When discharging to the exterior of the building, the discharge point shall be permanently labeled "ELEVATOR PIT DISCHARGE" in letters a minimum of one-half inch in height. Discharge resulting from periodic ground water accumulation shall not flow over a walking surface and shall not create a nuisance or hazard. Discharge resulting from fire suppression shall not create a hazard.

"2.2.2.11. When a sump pump is utilized, a disconnect serving the sump pump circuit shall be installed in the elevator machine room in compliance with Article 620, Section VI (branch circuits for other utilization equipment: disconnecting means and control) of the National Electrical Code, adopted by reference in 8 AAC 70.025(a).";

(iv) Section 2.2.4.4 is revised by adding new language at the end of the existing language to read:

"However, access to pits may be extended to authorized personnel with training in safe access to the pit area.";

(v) Section 8.6.1.1.2 is revised by adding "; and" after subparagraph (c), and by adding the following language:

"(d) Manufacturer's design and intended function of components and systems.";

(vi) Section 8.6.1.2.1(a) is revised by replacing the existing language to read:

"(a) A Maintenance Control Program for each unit (See 8.6.1.1.1) shall be provided and shall be viewable on-site by elevator personnel at all times from the time of acceptance inspection and test until such time that device is placed out of service (See 8.10.1.5)

(vii) Section 8.6.1.7.2 is revised by replacing the existing language to read:

"8.6.1.7.2 Periodic Test Forms. All required periodic tests shall be documented on a test form provided by the department. The form shall be filled out completely and accurately and shall be kept as a permanent part of the maintenance records for the device.";

(viii) Section 8.6.11.1 is revised by replacing the existing language to read:

"8.6.11.1 Firefighters' Emergency Operation. All elevators provided with firefighters' emergency operation shall be subjected to testing by authorized or elevator personnel at least once every three months. As part of testing, the elevator shall be subjected to Phase I recall by use of the key switch, and a minimum of one-floor operation on Phase II. A record of test findings shall be kept as part of the maintenance records. Any deficiency discovered shall be noted as a violation on an inspection report provided by the department. The violation must be remedied in accordance with 8 AAC 77.110. ;

(ix) Section 8.11.1.1.2 is revised by replacing existing subparagraphs (a) and (b) to read:

"(a) Periodic tests shall be witnessed by an inspector employed by the authority having jurisdiction, or by persons authorized by the authority having jurisdiction.

"(b) The owner or the owner's authorized agent shall have all of the tests required by section 8.11 made by elevator personnel trained to perform those services, and have those persons record all applicable data on a form provided by the department.";

(x) Section 8.11.1.2 is revised by changing "applicable Code requirements" to "applicable requirements", and by adding the following language:

"(d) the manufacturer's design and intended function of components and systems.";

(xi) Section 8.11.1.3 is revised by adding the following language:

"(a) Periodic inspections of all devices subject to compliance with this code shall be inspected in accordance with 8 AAC 77.025.

"(b) Periodic category 1 testing, as described in Nonmandatory Appendix N, shall be accomplished at an interval not to exceed 12 months.

"(c) Periodic category 3 testing, as described in Nonmandatory Appendix N, shall be accomplished at an interval not to exceed 36 months.

"(d) Periodic category 5 testing, as described in Nonmandatory Appendix N, shall be accomplished at an interval not to exceed 60 months.";

(B) except that the following sections are not adopted as part of the minimum safety standards applicable to elevators, escalators, and similar devices in the state:

(i) Section 4.3 (hand elevators);

(ii) Section 5.3 (private residence elevators);

(iii) Section 5.4 (private residence inclined elevators);

(iv) Section 5.8 (marine elevators);

(v) Section 5.9 (mine elevators);

(vi) Section 5.11 (wind turbine tower elevators);

(vii) Section 7.4 (material lifts without automatic transfer devices);

(viii) Section 7.5 (electric material lifts without automatic transfer devices);

(ix) Section 7.6 (hydraulic material lifts without automatic transfer devices);

(x) Section 7.9 (electric material lifts with automatic transfer devices);

(xi) Section 7.10 (hydraulic material lifts with automatic transfer devices);

(xii) Section 7.11 (material lifts with obscured transfer devices);

(xiii) Section 8.6.6.3 (general requirements; maintenance and testing; hand elevators);

(xiv) Section 8.6.7.3 (general requirements; maintenance and testing; private residence elevators);

(xv) Section 8.6.7.4 (general requirements; maintenance and testing; private residence inclined elevators);

(xvi) Section 8.6.7.8 (general requirements; maintenance and testing; shipboard elevators);

(xvii) Section 8.6.7.9 (general requirements; maintenance and testing; mine elevators);

(xviii) Section 8.6.7.11 (general requirements; maintenance and testing; wind turbine tower elevators);

(xix) Section 8.7.4.3 (general requirements; alterations; hand elevators);

(xx) Section 8.7.5.3 (general requirements; alterations; private residence elevators);

(xxi) Section 8.7.5.4 (general requirements; alterations; private residence inclined elevators);

(xxii) Section 8.7.5.8 (general requirements; alterations; shipboard elevators);

(xxiii) Section 8.7.5.9 (general requirements; alterations; mine elevators);

(xxiv) Section 8.10.5.2 (acceptance inspection and tests of other equipment; private residence elevators);

(xxv) Section 8.10.5.3 (acceptance inspection and tests of other equipment; hand elevators);

(xxvi) Section 8.10.5.8 (acceptance inspection and tests of other equipment; shipboard elevators);

(xxvii) Section 8.10.5.14 (acceptance inspection and tests of other equipment; wind turbine tower elevators);

(xxviii) Section 8.11.5.2 (periodic inspection and witnessing of tests; private residence elevators);

(xxix) Section 8.11.5.3 (periodic inspection and witnessing of tests; hand elevators);

(xxx) Section 8.11.5.8 (periodic inspection and witnessing of tests; shipboard elevators);

(xxxi) Section 8.11.5.14 (periodic inspection and witnessing of tests; wind turbine tower elevators);

(2) the Safety Code for Existing Elevators and Escalators, 2011 edition (ASME A17.3-2011); the Safety Code for Existing Elevators and Escalators

(A) applies to an alteration, as that term is defined in Section 1.4 (definitions); and

(B) does not apply to maintenance, repair, or replacement, as those terms are defined in Section 1.4 (definitions);

(3) the Safety Standard for Platform Lifts and Stairway Chairlifts, 2017 edition (ASME A18.1-2017),

(A) with the following revisions:

(i) Section 10.1.2.1 is revised by replacing the existing language to read:

"Periodic inspections and tests shall be witnessed by an inspector employed by the authority having jurisdiction or by persons authorized by the authority having jurisdiction.";

(ii) Section 10.1.2.2 is revised by replacing the existing language to read:

"The owner or the owner's authorized agent shall have all of the tests required by Section 10.3 made by a person qualified to perform that service. The periodic tests shall be documented on a test form provided by the department. The form shall be filled out completely and accurately and shall be kept with the maintenance and service records on site and available to maintenance and inspection personnel. Signs shall be provided on the platform or on an external panel at the bottom of the tower where the maintenance, service, and test forms are available.";

(iii) Section 10.2.1 is revised by replacing the existing language to read:

"10.2.1 Inspection and Test Periods. The routine inspections and tests of vertical platform lifts, inclined platform lifts, and inclined stairway chairlifts will be conducted in accordance with 8 AAC 77.025(a).";

(B) except that the following sections are not adopted as part of the minimum safety standards applicable to platform lifts and stairway chairlifts in the state:

(i) Section 4 (inclined stairway chairlifts);

(ii) Section 5 (private residence vertical platform lifts);

(iii) Section 6 (private residence inclined platform lifts);

(iv) Section 7 (private residence inclined stairway chairlifts).

(4) the Guide for Inspection of Elevators, Escalators, and Moving Walks, 2017 edition (ASME A17.2-2017);

(5) the Standard for Elevator Suspension, Compensation, and Governor Systems, 2017 edition (ASME A17.6-2017);

(6) the Performance-Based Safety Code for Elevators and Escalators, 2007 edition (ASME A17.7-2007).

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152; am 9/25/2002, Register 163; am 6/14/2006, Register 178; am 2/23/2011, Register 197; am 10/16/2012, Register 204; am 10/23/2014, Register 212; am 3/6/2016, Register 217; am 4/24/2020, Register 234

Article 2 Inspection, Registration, and Certificate of Operation

8 AAC 77.025 Elevator and escalator inspection {#sec-8-aac-77.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.025}

(a) Except as specified in (b) of this section, an elevator will be inspected by the department on a biennial basis. However, the department may reinspect an elevator on a random basis between biennial inspections on the department's own initiative or on the complaint of a person to assure continued compliance with applicable safety standards or if the department has reason to believe the condition complained of poses a present danger to persons in or about the elevator.

(b) An escalator will be inspected by the department on an annual basis. However, the department may reinspect an escalator on a random basis between annual inspections based on the department's own initiative or on the complaint of a person to assure continued compliance with applicable safety standards or if the department has reason to believe the condition complained of poses a present danger to persons in or about the escalator. If reasonable advance notice of the inspection is given, an escalator owner must have qualified personnel available to open up the devices for inspection and to perform the required inspection testing. A routine maintenance visit may be performed during the inspection visit if the maintenance function does not interfere or prolong the state inspection. During an inspection all records reflecting the daily startup and shut down procedures and the applicable logs must be available for review, including the maintenance control program required on each device.

(c) An owner who intends to install or alter an elevator shall ensure that the elevator contractor that will install or alter the elevator submits a working layout of the equipment or apparatus to the department before equipment is installed so that the department may determine whether the installation will meet the minimum safety standards established by AS 18.60.800(a) and this chapter. Before the device is placed in service, the owner shall arrange for inspection by an authorized inspector of the department. The inspection is a special inspection and billed in one-hour minimum increments for work associated with the inspection and evaluation of inspection reports.

(d) An owner or operator shall report any entrapment or accident that results in the injury of a person and that involves an elevator or escalator, to the director in detail, within 48 hours from the time of the occurrence. If the deadline falls on a weekend or state holiday, the report must be made at the beginning of the next state working day. The report shall be in the form of a written narrative to the director.

(e) The owner of an elevator or escalator shall immediately, by telephone, report to the department's mechanical inspection section any accident involving an elevator or escalator that results in a fatality or an injury that requires a person to receive a doctor's care. If the section's office is closed, the owner shall notify the local police or local office of the Department of Public Safety, division of state troopers. Within 48 hours after the accident, the owner shall mail a written report of the accident to the department's mechanical inspection section. The scene of the accident must be secured and not disturbed to any greater extent than is necessary to prevent additional injuries and to remove the deceased or injured person. If, in order to secure the area, the device is removed from service, the department will conduct an immediate investigation. The device may not be repaired or operated until the investigation is completed.

(f) The owner of an elevator or escalator must establish a maintenance control program that conforms to Sections 8.6 and 8.11 of the current A17.1 Safety Code for Elevators and Escalators adopted by reference under 8 AAC 77.005, and that at a minimum includes

(1) maintenance records;

(2) qualifications of elevator maintenance personnel, employed by the owner or contractor personnel if maintenance for the device is performed by an authorized elevator contractor personnel;

(3) quarterly Fire Emergency Service Phase 1 testing, if an elevator;

(4) responsible evacuation personnel listing;

(5) wiring diagrams;

(6) oil usage log;

(7) security, including keys;

(8) code data plates;

(9) approval of persons authorized to perform periodic testing; and

(10) periodic test forms.

(g) The following items related to an elevator or escalator are required to be on the premises and subject to inspection, as follows:

(1) keys for elevator room access shall be kept on the premises and accessible during normal business hours, as follows:

(A) stored in an area not accessible to public, such as a lock box located outside the elevator machine room;

(B) access to the lock box shall be provided to an authorized elevator inspector by either the elevator maintenance contractor or the owner; a minimum of four keys that will provide access to the lock box are required; these keys may not be maintained in the elevator pit; other elevator keys shall be maintained in the elevator room;

(2) approved evacuation procedures and evacuation personnel list must be on the premises where the elevator is located and in the same area as required keys, these lists may not be maintained in the elevator pit;

(3) instructions must be posted in the elevator machine room (elevator controller) for locating the required maintenance control program records; the records shall be maintained for historical purposes in a written format and remain available for inspection even if maintenance contractors change, or are not available at the time of the inspection;

(4) contact information must be posted in elevator machine room (elevator controller) for the current owner's agent responsible for the elevator and identity of the current elevator maintenance contractor, if the device maintenance is under contract; posted code data plate with all applicable code years entered for installation and any alterations on the elevator controller or the elevator controller's mainline disconnect switch in the elevator machine room; posted master periodic test tag in the elevator machine room;

(5) current elevator wiring diagrams in the elevator machine room;

(6) posted record of oil usage in the machine room of unexposed hydraulic elevators;

(7) qualifications of persons performing the elevator or escalator maintenance and periodic tests; these are persons who have received formalized training, either through a formal apprenticeship school or on-the-job through their employers, in the construction, maintenance, repair, inspection, or testing of code covered equipment.

(h) The owner of an elevator or escalator shall maintain the written maintenance and repair records on-site and shall make the records available for review by an authorized elevator inspector during normal business hours. Maintenance, repair, inspection reports and testing records must remain with the owner and on-site, available for review during normal business hours. Historic records shall remain with the device regardless of maintenance contractor.

(i) The owner of an elevator or escalator shall maintain a legible and permanent record in the machine room or other approved location of any rescues, repairs, or services or existing department approved code variances or waivers or special operating conditions to the device. The record must show who performed the action, what action was taken, and the date of the action. In addition, the record must show each variance approved under 8 AAC 77.085.

(j) An acceptance inspection may not result in the issuance of a certificate of operation, unless the department has

(1) verified all inspection reports for the device and determined that the reports are complete to illustrate code compliance;

(2) received verification submitted by the building owner or elevator contractor to illustrate that any code violations identified in the inspection report have been remedied; if code violations have not been remedied, the department must receive an explanation of the identified hazards associated with the violations, the reasons why the violations have not been remedied, the extended date of compliance and which code violations are under contract to be corrected;

(3) received in writing any request for a delay or waiver of code violation correction or special operating conditions; and

(4) determined that the inspection report is complete and all deficiencies in the report have been corrected, are under contract to be corrected, or have been approved through a departmental waiver.

(k) The department may perform a reinspection of any new or altered elevator as soon as practicable after a certificate of operation is issued. A reinspection will be conducted without charge, unless substantial non-compliance with a safety code or special operating condition is found, in which case the inspection will be charged as a special inspection. The department inspector may cite and enforce any code violations discovered during reinspection.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152; am 9/27/2008, Register 187; am 2/23/2011, Register 197

8 AAC 77.026 Registration requirements for authorized elevator inspector {#sec-8-aac-77.026 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.026}

(a) Before a person may perform an inspection of an elevator, the person must be authorized by the department under this section by meeting the registration requirements of this section.

(b) An applicant for an initial registration under this section shall submit a

(1) completed application of a form provided by the department;

(2) copy of both sides of the applicant's valid ASME QEI-1 elevator inspector certification card, in good standing; and

(3) resume or curriculum vitae reflecting that the applicant has a minimum of one year QEI-1 elevator inspector acceptance inspection experience for the type of equipment to be inspected.

(c) Before conducting an inspection, the applicant must complete an orientation session conducted by the department regarding approved inspection procedures, forms, and applicable laws and rules.

(d) An authorized elevator inspector's registration expires on December 31 of each year. An authorized elevator inspector must renew the inspector's registration by December 31 by submitting

(1) a completed renewal application on a form provided by the department;

(2) proof of the applicant's renewal of the applicant's Qualified Elevator Inspector (QEI-1) certification and proof of continuing education with the following documents:

(A) a copy of both sides of a valid ASME QEI-1 elevator safety inspector certification card;

(B) notice of any official complaints, criminal, or civil actions against the inspector, pending or otherwise, prior to the renewal application being submitted.

(e) In addition to the requirements for renewal under (d) of this section, the director may require that an applicant for renewal attend an updated orientation session described in (c) of this section.

(f) An authorized elevator inspector shall notify the department in writing no later than 30 days after any change to information submitted to the department for the previous year.

History

Authority: AS 18.60.800
Eff. 2/23/2011, Register 197

8 AAC 77.028 Standards for authorized elevator inspector {#sec-8-aac-77.028 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.028}

(a) An authorized elevator inspector must meet the following reporting requirements:

(1) an authorized elevator inspector shall conduct all inspections in accordance with the currently adopted edition of ASME A17.1, Safety Code for Elevators and Escalators; A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts or the adopted portions of A17.3 Safety Code for Existing Elevators and Escalators Code;

(2) any violation of code shall be cited in the inspection report along with the applicable code, section, and rule;

(3) no later than seven working days after completing an inspection, the authorized elevator inspection shall complete inspection report on a form provided by the department, including a description of tests conducted and the results; the report must also include the following information in addition to all identified code violations and hazards:

(A) address, legal description, and location of the device;

(B) the device owner and invoice address;

(D) Alaska Device Number;

(E) kind of device, such as elevator or escalator;

(F) type of device, such as hydro or electric;

(G) size capacity by weight limits;

(H) manufacturer name;

(I) date of manufacture and installation;

(J) speed and number of stops;

(K) number of passengers;

(L) applicable code year for installation;

(M) applicable code year for inspection (modernization/alteration);

(N) name and contact information for the device owner or individual on behalf of the device owner who received an inspection report;

(4) all inspection reports and any related correspondence must reference the equipment's device number;

(5) an authorized elevator inspector shall clearly note on the inspection report any equipment found to be an imminent or present danger, and shall report this status immediately by submitting a copy of the inspection report or other written notice to the building owner and to the department; the written notices shall be followed by the completed inspection report as required in (3) of this subsection;

(6) an authorized elevator inspector shall note on the inspection report whether or not the equipment is approved for use, the type of use, the certificate of operation expiration date, and any violation abatement date in accordance with 8 AAC 77.105.

(b) An authorized elevator inspector responsibilities include the following:

(1) the following inspection procedures:

(A) new or altered elevator installations may not be used by the public until the equipment is completely installed and all work is completed; a construction use inspection must be approved by the department in writing;

(B) an authorized elevator inspector shall only witness acceptance inspection tests performed by competent elevator personnel, as defined in ASME A17.1, employed by the installing or altering elevator contractor;

(2) an authorized elevator inspector shall use equipment as necessary to conduct and document a proper inspection;

(3) the following test tag requirements:

(A) an authorized elevator inspector shall be the person who fills out and attaches test tags to the equipment;

(B) the authorized elevator inspector shall legibly inscribe, by printing, all required information on each test tag;

(C) upon completion of an acceptance test, test tags shall be attached to the tested equipment with wire rope and lead seal; where possible, any adjustment requiring sealing shall be tightly sealed with wire rope and lead seal, or by an approved alternate method;

(D) the lead seal shall be crimped onto the wire rope using a crimping tool die bearing the department's seal and number assigned to the authorized elevator inspector;

(4) the following decal requirements:

(A) each unit of equipment shall be identified with a unique identification number decal issued by the department, which the authorized elevator inspector must affix in a conspicuous place on the front exterior of the main control panel;

(B) for altered elevators, any department decal displayed may be replaced by the more current decal.

History

Authority: AS 18.60.800
Eff. 2/23/2011, Register 197

8 AAC 77.030 Registration {#sec-8-aac-77.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.030}

(a) The department will register and maintain a permanent record of all elevators inspected by an authorized elevator inspector.

(b) Each elevator inspected by an authorized elevator inspector will be assigned a serial number and a tag or plate containing that number to be permanently affixed to the elevator machine controller.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152; am 2/23/2011, Register 197

8 AAC 77.035 Certificate of operation {#sec-8-aac-77.035 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.035}

(a) If, after inspection, the department finds an elevator to be in substantial compliance with the safety code set out in AS 18.60.800 and 8 AAC 77.005, the department will issue a regular certificate of operation that is valid for two years.

(b) A temporary certificate of operation valid for not more than sixty days will be issued by the department for elevators not in substantial compliance with safety codes described in (a) of this section but which pose no more than a remote danger during the term of the certificate and for which the owner has developed a written plan for substantial compliance acceptable to the department. This plan must be received within fifteen days of the date of the inspection resulting in the temporary certificate of operation. The department will reinspect this device before the issuance of a regular certificate of operation. The department will consider the reinspection to be a special inspection.

(c) A temporary certificate of operation will be reissued, any number of times, if the department is satisfied the owner is making reasonable progress in implementing the written plan.

(d) If an elevator is operated without a valid certificate of operation, the department will order the owner to stop operation of the elevator.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 12/17/99, Register 152

8 AAC 77.040 Display of certificate of operation {#sec-8-aac-77.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.040}

(a) Elevators that carry or could carry persons must display a certificate of operation in a conspicuous place in the interior of the elevator.

(b) A certificate of operation must be displayed in a conspicuous place on the elevator equipment whenever possible or, alternatively, in the building or maintenance office at the location where the elevator is operated and be available for inspection on demand.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152

8 AAC 77.045 Suspension, revocation, or denial of a certificate of operation {#sec-8-aac-77.045 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.045}

(a) A certificate of operation for an elevator will be suspended, revoked, or denied if the authorized elevator inspector as a result of an inspection determines that the elevator does not meet the safety requirements of AS 18.60.800 or this chapter and, in the case of a suspension or revocation of a certificate of operation, that the violation poses a present danger before the expiration date of that certificate.

(b) A person whose certificate of operation has been suspended, revoked, or denied may appeal the decision to the commissioner in the manner set out in 8 AAC 77.130.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 12/17/99, Register 152; am 2/23/2011, Register 197

Article 3 Inspection Fees

8 AAC 77.065 Inspection fees {#sec-8-aac-77.065 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.065}

(a) An owner of an elevator inspected by the department shall pay the department, upon completion of the inspection and receipt of invoice, the following fees for inspection:

(1) for an elevator with

(A) 1-3 floor stops . . . . . $ 450;

(B) 4-9 floor stops . . . . . 550:

(D) 15-19 floor stops . . . . . 725;

(E) 20-24 floor stops . . . . . 825;

(F) repealed 6/14/2006;

(G) each additional five floor stops . . . . . 200;

(2) for an escalator . . . . . 200;

(3) for a moving walk . . . . . 550;

(4) repealed 10/21/92;

(5) for a dumbwaiter . . . . . 325;

(6) for a limited use or limited access device . . . . . 350;

(7) special inspections: travel costs, actual expense, and applicable per-hour inspection time charge at $200 per hour;

(8) for a wheelchair lift . . . . . 350.

(b) If a device is not listed in (a) of this section but is listed in the code set out in AS 18.60.800 and 8 AAC 77.005, the department will calculate the fee for inspecting that device according to the special inspection rate set out in (a)(7) of this section, excluding travel costs and actual expenses.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 7/11/84, Register 90; am 10/21/92, Register 124; am 7/13/96, Register 139; am 12/17/99, Register 152; am 6/14/2006, Register 178; am 9/27/2008, Register 187; am 3/6/2016, Register 217

Article 4 Variances

8 AAC 77.085 Variances {#sec-8-aac-77.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.085}

(a) The owner of an elevator desiring a variance from a safety standard adopted in or under AS 18.60.800 may file a written request for a variance with the director.

(b) A request filed under (a) of this section must include

(1) the name and address of the applicant;

(2) the name and address of the place where the apparatus is located;

(3) specification of the standard or portion of it from which the applicant seeks a variance;

(4) a statement of facts showing that the applicant is unable to comply with the standard, the alternate steps that the applicant proposes to take in order to substantially comply with the standard, and a statement setting out the steps the applicant has taken to abate the hazards covered by the standard; and

(5) a statement addressing the effect that a grant of a variance will have on the physical safety of persons in or around the elevator;

(6) repealed 12/17/99.

(c) After review of the request and the inspector's final recommendations, the director may approve or deny an application for a variance from a safety standard.

(d) The department denial of a variance from a safety standard may be appealed to the commissioner in the manner set out in 8 AAC 77.130.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152

Article 5 Violations

8 AAC 77.105 Violations {#sec-8-aac-77.105 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.105}

(a) During the course of an inspection, the authorized elevator inspector shall make a written note of each violation of the applicable safety standards that the inspector observes.

(b) At the close of an inspection, the authorized elevator inspector shall review the findings with the owner of the elevator, and shall prepare an inspection report to identify any violations that the inspector observes. Not later than 10 days after the date of the inspection, the inspector shall deliver or send to the owner of the elevator a copy of the inspection report and a compliance card by hand delivery, first class mail, or electronic mail.

(1) the name of the authorized elevator inspector;

(2) the inspector's certification number, as it appears on the qualified elevator inspector card required under 8 AAC 77.026;

(3) the date of the inspection;

(4) a specific code reference for each violation noted and a brief description of the violation;

(5) the period of time not later than which each violation must be remedied;

(6) the owner's responsibility to return the compliance card to the department once the violations are corrected; and

(7) the owner's right to appeal both the inspector's findings and the period of time specified to remedy the violation.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 12/17/99, Register 152; am 2/23/2011, Register 197; am 10/16/2012, Register 204

8 AAC 77.110 Remedy of violations {#sec-8-aac-77.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.110}

(a) If a notice of violation is issued under 8 AAC 77.105, the period of time within which violations of the applicable safety standards must be remedied is determined as follows:

(1) if a violation poses no more than a remote danger to a person's physical safety in the near future, the violation must be remedied within a period of time determined by the authorized elevator inspector after consultation with the owner and the person maintaining or servicing the elevator;

(2) if a violation poses a present danger to a person's physical safety,

(A) the violation must be remedied within 15 days after receipt of the written notice of the violation; and

(B) the authorized elevator inspector shall post a notice on or near the accesses to the elevator warning that the elevator poses a threat of physical harm;

(3) if a violation poses an imminent danger to a person's physical safety,

(A) the violation must be remedied immediately;

(B) the owner shall close and cease further use of the elevator until the violation is remedied to the satisfaction of the department; and

(C) the authorized elevator inspector shall post a notice on or near the accesses to the elevator warning that the elevator poses a threat of physical harm, and shall serve upon the owner a cease and desist order.

(b) If a violation is not or cannot be remedied within the period of time prescribed under (a)(2) of this section, the owner shall close and cease further use of the elevator until the violation is remedied to the satisfaction of the department. If an owner refuses or fails to close and cease the use of the elevator, the authorized elevator inspector shall post a notice on or near accesses to the elevator warning that the elevator poses a threat of physical harm and will serve upon the owner a cease and desist order.

(c) An owner may request from the authorized elevator inspector an extension of time to remedy a violation. The authorized elevator inspector shall grant an extension if the owner demonstrates to the inspector's satisfaction that the condition violated poses no more than a remote threat of physical harm occurring within the period of the requested extension, or if the owner has undertaken temporary remedies that the inspector considers to have substantially reduced the threat of physical harm occurring within the period of the requested extension.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 12/17/99, Register 152; am 2/23/2011, Register 197

Article 6 Appeals

8 AAC 77.130 Appeals {#sec-8-aac-77.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.130}

(a) An owner of an elevator may appeal a decision made under this chapter by authorized representatives of the department to the commissioner within 15 days after receipt of the decision.

(b) The appeal must be in writing and may be delivered in person to any mechanical inspection section office of the labor standards and safety division of the department or mailed to the commissioner. The appeal must

(1) identify the elevator that is the subject of the appeal and its location;

(2) specify the decision being appealed;

(3) state the particular basis upon which the owner relies in appealing the decision; and

(4) specifically address the effect a reversal of the decision or appeal will have on the physical safety of persons in or around the elevator involved.

(c) The commissioner will request the authorized elevator inspector whose decision is challenged in the appeal to submit in writing the authorized elevator inspector's response to the appeal. The commissioner may obtain the recommendation of an independent expert knowledgeable in the field of elevator safety as a further basis for a determination.

(d) The commissioner will make a decision on the appeal no later than 30 days after receipt of a request for appeal based on the arguments submitted by the appellant, the response of the authorized elevator inspector, and the recommendation, if any, obtained under (c) of this section from an independent expert. The commissioner's decision is the final agency decision.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152; am 2/23/2011, Register 197

Article 7 General Provisions

8 AAC 77.900 Scope of elevator standards {#sec-8-aac-77.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.900}

Repealed.

History

Eff. 10/21/79, Register 72; repealed 12/17/99, Register 152

8 AAC 77.905 Definitions {#sec-8-aac-77.905 omnilex-key=us-ak-regs-official--title-8--8 AAC 77.905}

In this chapter and AS 18.60.800 - 18.60.820, unless the context requires otherwise

(1) repealed 12/17/99;

(2) "commissioner" means the commissioner of labor and workforce development;

(3) "department" means the Alaska Department of Labor and Workforce Development;

(4) "director" means the director of the department's division of labor standards and safety, or a designee;

(5) "elevator" means elevators, dumbwaiters, escalators, moving walks, platform lifts, vertical and inclined wheelchair lifts, and other devices described in the Safety Code for Elevators and Escalators, Safety Code for Existing Elevators and Escalators, and Safety Standard for Platform Lifts and Stairway Chairlifts, adopted by reference in 8 AAC 77.005; "elevator" includes hoistways for the devices listed in this paragraph;

(6) "imminent danger" means impending, close, on the point of happening, an immediate threat of danger that must be instantly met;

(7) repealed 2/23/2011;

(8) "owner" means the person who is vested either with the ownership, responsibility, control, or title to an elevator or the property upon or in which the elevator is located and for the purposes of this chapter includes lessees, sublessees, agents, and assigns who have the responsibility for maintenance and operation of an elevator or the property upon or in which the elevator is located;

(9) "present danger" means a danger that is near at hand, related to the present time, as likely to happen within a period of immediate time as distinguished from a future time;

(10) "remote danger" means where the effect is uncertain or indeterminate and cannot be said to be the probable consequence or where the effect does not necessarily follow;

(11) "special inspection" means either an inspection requested by an owner outside of the regular cycle of inspections provided by this chapter or a reinspection under 8 AAC 77.035(b);

(12) "authorized elevator inspector" means an inspector qualified under 8 AAC 77.026 to perform elevator inspections for the labor standards and safety division;

(13) "elevator personnel" means personnel who have been trained in the construction, maintenance, repair, inspection, or testing of the particular type of device they are constructing, maintaining, repairing, inspecting, or testing.

History

Authority: AS 18.60.800
Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152; am 6/14/2006, Register 178; am 2/23/2011, Register 197

Chapter 78 Amusement Rides and Tramways

Article 1 Amusement Rides

8 AAC 78.010 Purpose {#sec-8-aac-78.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.010}

The purpose of 8 AAC 78.010 - 8 AAC 78.180 is to prescribe minimum safety requirements for the installation, assembly, repair, maintenance, operation, and inspection of amusement rides.

History

Authority: AS 05.20.010; AS 05.20.060; AS 05.20.120 AS 05.20.020; AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.020 Notification and inspection {#sec-8-aac-78.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.020}

(a) An amusement ride may not be operated unless the operator or the operator's designee submits notification to the department at least 30 days before the ride operates in the state for the first time. The notification must

(1) be in writing;

(2) identify the ride or structure;

(3) specify the intended dates of operation and location of use; and

(4) be mailed, faxed, sent by electronic mail, or hand delivered to the department's mechanical inspection section.

(b) In addition to submitting the notification in (a) of this section, an operator or owner shall obtain a certificate of operation for the amusement ride before the ride is placed in service to the public. To obtain a certificate of operation, the operator or owner shall ask the department or National Association of Amusement Ride Safety Officials (NAARSO) Level II Inspector designated by the department to inspect the ride. An inspector designated under this subsection shall file, not later than 15 days after the inspection, a copy of the inspection report with the department for review. Upon review of the inspection report, if the department determines that the ride complies with this chapter and AS 05.20.010, the department will issue to the owner or operator a certificate of operation that is valid for one year after issuance. If the operator or owner intends to place the ride in service to the public after the certificate of operation has expired, the operator or owner shall obtain a new certificate of operation under the process in this subsection before operating the ride for the public.

(d) At any reasonable time, the department may inspect an amusement ride, and the operator shall assist with the inspection upon request.

(e) If the department issues an order under AS 05.20.030(2) to prohibit the operation of an amusement ride, the operator shall immediately stop operation of the ride. The operator may not re-open the ride to public use until the repairs or corrections are made and the department approves its operation.

(f) An inspector who is designated under (b) of this section may not condemn equipment under AS 05.20.050.

History

Authority: AS 05.20.030; AS 05.20.060 AS 05.20.040; AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158; am 5/9/2018, Register 226

8 AAC 78.025 Annual operating schedule {#sec-8-aac-78.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.025}

Each operator of an amusement ride shall submit an annual operating schedule of every ride the operator intends to operate in a calendar year, on a form provided by the department, on or before January 1 of that year. The schedule must be mailed, faxed, sent by electronic mail, or hand delivered to the department's mechanical inspection section. The schedule must identify each ride the operator intends to operate, and specify the intended dates of operation and locations of use. An operator shall notify the department's mechanical inspection section in writing of any change to the annual operating schedule at least 15 days in advance of the intended change.

History

Authority: AS 05.20.020; AS 05.20.060 AS 05.20.030; AS 05.20.070
Eff. 5/9/2018, Register 226

8 AAC 78.030 Structure and foundation {#sec-8-aac-78.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.030}

If during an inspection the structure or foundation of a building, piece of equipment, or appurtenance used for an amusement ride is found not to comply with the building code standards adopted by the Department of Public Safety under AS 18.70.080 and 13 AAC 50.020, the department will notify the Department of Public Safety regarding the violation.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.040 Access and egress {#sec-8-aac-78.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.040}

(a) Means of access to and egress from an amusement ride must

(1) provide protection from adjacent hazards as required for the safety of passengers;

(2) provide secure footing and support for safe passage; and

(3) repealed 6/15/2001;

(4) have adequate natural or artificial lighting to render clear visibility.

(b) If during an inspection a means of access or egress is found not to comply with building code standards adopted by the Department of Public Safety under AS 18.70.080 and 13 AAC 50.020, the department will notify the Department of Public Safety regarding the violation.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.050 Passenger loading platforms, inclined walkways, stairways, and standard railings {#sec-8-aac-78.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.050}

Passenger loading platforms, inclined walkways, stairways, and standard railings must conform to standards listed in 8 AAC 61.1010.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158; am 10/6/2002, Register 164

8 AAC 78.060 Standard railings {#sec-8-aac-78.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.060}

Repealed.

History

Eff. 11/30/89, Register 112; repealed 6/15/2001, Register 158

8 AAC 78.070 Electrical safety requirements {#sec-8-aac-78.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.070}

(a) An amusement ride's electrical equipment must conform to the National Electrical Code and National Electrical Safety Code standards adopted by reference in 8 AAC 70.025.

(b) Each electrical transformer substation and electrical distribution box must be completely enclosed and locked.

(c) Except as provided in (e) of this section, each amusement ride must have a listed or labeled disconnect switch within reach of the attendant.

(d) A momentary contact or "deadman" switch that controls the operation of the ride is required on each ride except a ride that is solely passenger operated. A momentary contact or "deadman" switch may not be overridden.

(e) For arcade-type amusement rides, the operator may comply with (c) of this section by using a central disconnect switch that shuts off power to all amusement rides. The central disconnect switch must be visible from each amusement ride and must be supervised by an attendant when an amusement ride is operating.

(f) Notwithstanding (a) of this section, protective mats required by Article 525 of the edition of the National Electrical Code adopted by reference in 8 AAC 70.025 must be used for any set-up over five days' duration.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.080 Passenger-carrying equipment {#sec-8-aac-78.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.080}

(a) The interior and exterior parts of passenger-carrying amusement rides that a passenger might come in contact with must be free from sharp, rough, or splintered edges and from corners with projections that could cause injury.

(b) The area beneath and around amusement rides, including rides such as airplane rides, ferris wheels, and merry-go-rounds, that is less than seven feet from the ground or other surface, must be fenced or barricaded in a manner that prevents unauthorized persons from entering the area.

(c) All amusement ride driving motors and mechanical power transmission equipment must be guarded in a manner that prevents persons from coming into contact with the equipment. Entrance to areas containing such equipment must be secured in a manner that prevents unauthorized persons from entering the area.

(d) A ride that is self-powered and operated by a passenger must have the driving mechanism guarded, and guards locked in place, to prevent passengers from gaining access to the equipment.

(e) In addition to meeting the other requirements of 8 AAC 78.010 - 8 AAC 78.180, a go-cart area operator shall ensure that

(1) all tracks are enclosed in a manner that prevents foot or motorized traffic from encountering the go-carts;

(2) a buffer zone is installed between the track and enclosure;

(3) a buffer zone is installed in the center of the track to prevent carts from crossing over the center;

(4) the go-cart has a roll bar or roll bar seat, safety belt, chain guard, hot exhaust guard, bumpers on the frame, and speed governor set at a safe operating speed;

(5) the refueling area is away from the public;

(6) signs are installed designating direction of travel and operating instructions;

(7) signs are posted with age and height requirements for persons who wish to ride;

(8) a sound or public address system is installed to inform drivers to stop operation; and

(9) a fire extinguisher is installed at the attendant station and refueling station.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112

8 AAC 78.085 Safety standards for water slides {#sec-8-aac-78.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.085}

(a) Both the owner and operator of water slides shall ensure that their facilities comply with the following safety standards:

(1) water slides that allow a mix of adult and small children as riders must use a dispatch procedure that will establish spacing between riders to reduce the possibility of collision between riders while on the slide or while landing in the catch pool;

(2) a lifeguard must be stationed with a clear view and rapid access to the catch pool;

(3) an attendant must be stationed at the dispatch point of the water slide and must remain in continual visual or verbal contact with the lifeguard stationed at the catch pool;

(4) the lifeguard supervising the catch pool shall require patrons to exit immediately upon arrival;

(5) a water slide's exit height requirements must at least conform to the manufacturer's recommendation; if the manufacturer does not provide a recommendation, the exit height must be no more than six inches above the static water level in the catch pool;

(6) an attendant may not allow patrons to stop, change positions, or form chains on a water slide;

(7) an attendant may not allow patrons to ride a water slide with small children on their laps;

(8) an attendant may not allow patrons to wear life jackets or other personal flotation devices on a water slide unless recommended by the manufacturer of the water slide;

(9) an attendant shall require patrons to ride all water slides in a feet-first position unless the manufacturer's design specifications specifically permit other safe riding positions;

(10) in the absence of manufacturer guidelines, an attendant shall instruct patrons riding speed slides to

(A) ride lying down in a feet-first position;

(B) keep their legs crossed and to cross their arms; and

(11) signage describing the requirements, prohibitions, and responsibilities for use of the water slide must be clearly posted so that patrons may see them before they are committed to the ride.

(b) For the purposes of this section, "attendant" means an individual responsible for the control of patrons using a particular water slide.

History

Authority: AS 05.20.070
Eff. 6/15/2001, Register 158

8 AAC 78.090 Safety equipment {#sec-8-aac-78.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.090}

(a) An amusement ride must have grab bars, foot rests, and other equipment necessary for safe entrance, exit, and support of passengers while the ride is in operation.

(b) A safety belt or safety bar on an amusement ride must be of sufficient strength to restrain the passenger, but may not have an ultimate strength of less than 3,000 pounds. The anchor provided for a safety belt or safety bar must have a strength at least equal to that of the safety belt or safety bar.

(c) A restraining belt or bar used to confine passengers within an amusement ride where shock loads cannot be generated must be adequate to restrain the passengers within the amusement ride when it is in motion.

(d) A safety belt snap must be of the type that cannot be released without manual manipulation.

(e) The means for locking a safety bar in a closed position must meet the manufacturer's requirements or be located or guarded in a manner that will not permit a passenger to release the safety bar while the ride is in motion.

(f) All safeguards recommended by the manufacturer must be provided to prevent physical injury, including injury that might occur from contact with a person's hair.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112

8 AAC 78.100 Signal systems {#sec-8-aac-78.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.100}

(a) A signal system must be provided on all amusement rides if the lack of such a system might permit rear end collision or possible injury of passenger.

(b) A signal system for the starting and stopping of an amusement ride must be provided if the attendant does not have a clear view of the point at which passengers are loaded or unloaded.

(c) If there is a need for coded signals, the code must be posted at both the attendant's and signalman's stations. Signals must be thoroughly understood by all person who use them.

(d) A signal for the movement of a ride may not be given until all passengers are safely within the ride and all other persons are in the clear.

(e) Repealed 6/15/2001.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.110 Debris and obstructions {#sec-8-aac-78.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.110}

(a) The area around an amusement ride, including passenger loading and unloading platforms and ramps, must be kept clear of debris, obstructions, and slippery conditions. Emergency escape ways must be kept clear.

(b) The passenger section of an amusement ride must be maintained in a sanitary condition.

(c) Flammable waste must be placed in a closed metal container. The container must be kept in a location where it is easily accessible in event of fire and where it will not block exits should its contents ignite.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112

8 AAC 78.120 Attendants {#sec-8-aac-78.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.120}

(a) No person under the age of 18 may handle the operating controls of an amusement ride. This provision does not apply to an amusement ride designed to be operated or controlled by a passenger.

(b) An amusement ride attendant with a known physical impairment may not operate a ride if the impairment affects the attendant's ability to operate the ride, thereby endangering the attendant, a person riding, or a bystander. A person under the influence of intoxicating liquor or any controlled substance listed in AS 11.71.140 - 11.71.190 may not operate an amusement ride.

(c) An attendant shall be familiar with all operating controls, signal systems, and safety devices for the amusement ride, and with the proper use, function, capacity, and speed of the particular amusement ride being operated. An attendant shall be in the immediate vicinity of the operating control during operation and shall have complete control of the amusement ride at all times when it is being operated for public use. When the amusement ride is shut down, provisions must be made to prevent operation by an unauthorized person.

(d) Other than the attendant, no person may handle the controls of an amusement ride during operation. This provision does not apply to an amusement ride designed to be operated or controlled by a passenger.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112

8 AAC 78.130 Signs {#sec-8-aac-78.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.130}

Both the owner and operator of an amusement ride are responsible for the posting of necessary warning or danger signs. Each sign must be located where it will render the most effective protection and must be legible at a distance of not less than six feet. Signs must have adequate natural or artificial lighting to render clear visibility.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.140 Extraordinary hazards {#sec-8-aac-78.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.140}

(a) When conditions arise, such as lightning or wind storms, that cause unusual or extraordinary hazards to persons, additional means and precautions shall be taken to assure safe operation of an amusement ride. If the operation cannot be made safe, the ride shall be discontinued while the unusual or extraordinary conditions exist or until adequate safety is insured.

(b) Repealed 6/15/2001.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.150 Accidents and injuries {#sec-8-aac-78.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.150}

(a) The owner or operator of an amusement ride shall have at least $1,000,000 liability insurance. Evidence of the insurance must be mailed, faxed, sent by electronic mail, or hand delivered to the department's mechanical inspection section at least 10 days before planned operation, and must be available at the location where the amusement ride is operated.

(b) In the absence of a medical facility in the immediate proximity of an amusement ride, a person who has a valid first aid card must be available to render first aid. At least two persons on site, other than the owner, must have immediate access to telephone numbers for a doctor, hospital, and ambulance service. The emergency numbers must be posted at the cashier's booth and at the office.

(d) The owner or operator of an amusement ride shall immediately notify the department's mechanical inspection section, by telephone, of any occurrence involving an amusement ride, if the occurrence results in

(1) the death of a person;

(2) injury to a person that requires ambulance or emergency vehicle transport to a hospital or clinic, and the injury is the result of a mechanical or structural failure of the amusement ride; or

(3) a mechanical or structural failure of the amusement ride that affects the safe operation of the amusement ride.

(e) The owner or operator of an amusement ride shall, within 24 hours, notify the department's mechanical inspection section, by telephone, facsimile, or electronic mail, of an injury to a person involving an amusement ride, other than a death or injury that is reportable under (d)(1) or (2) of this section.

(f) If an occurrence described in (d) of this section occurs after ordinary business hours of the department's mechanical inspection section, the owner or operator of an amusement ride shall immediately notify the local police or local office of the Department of Public Safety, division of state troopers, in addition to the notification required in (d) of this section.

(g) The owner or operator of an amusement ride shall prepare a written report of an occurrence described in (d) of this section and mail, fax, send by electronic mail, or hand deliver the written report to the department's mechanical inspection section not later than 48 hours after the occurrence. The written report must include

(1) the date of the occurrence;

(2) the name, manufacturer, and serial number of the amusement ride involved;

(3) the name, age, address, and telephone number of the injured or deceased person, if any;

(4) a description of the injury, and medical treatment administered to the injured or deceased person, if any; and

(5) a narrative description of the occurrence.

(h) The owner or operator of an amusement ride involved in an occurrence described in (d)(1) or (2) of this section shall, after securing the scene to prevent additional injuries and to remove any injured or deceased persons, immediately remove the ride from service. The department will conduct a prompt investigation of an amusement ride removed from service under this subsection. The ride may not be repaired or operated until the department completes its investigation.

History

Authority: AS 05.20.030; AS 05.20.070
Eff. 11/30/89, Register 112; am 5/9/2018, Register 226

8 AAC 78.160 Inspection, maintenance, and repair {#sec-8-aac-78.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.160}

(a) The operator of an amusement ride or the operator's designee shall

(1) inspect the foundations and supports of the amusement ride daily; and

(2) repair or replace any weakened foundations and supports before operation.

(b) The operator of an amusement ride or the operator's designee shall give the amusement ride a daily operating inspection and test before a passenger is permitted to ride. The test must include the operation of controls, speed-governing devices, braking equipment, and other safety devices. Any condition discovered that poses a present danger must be corrected before a passenger is permitted to ride.

(c) The operator shall maintain a permanent record of each inspection or repair made to an amusement ride and shall make the record available to the department or inspector upon request. Each manufacturer recommended non-destructive examination shall be performed as specified. All welding on steel components of a ride shall be done according to the manufacturer's recommendations. The worker performing the welding must be certified in writing by an independent testing laboratory to be qualified to perform the required procedure to the standards contained in the American Welding Society Structural Welding Code.

(d) An amusement ride's mechanical or electrical signal system must be tested at least once each day before the operation of the ride. A ride may not be operated if the signal system does not function properly.

History

Authority: AS 05.20.020; AS 05.20.060 AS 05.20.030; AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.170 Variances {#sec-8-aac-78.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.170}

(a) The owner or operator of an amusement ride who desires a variance from a safety standard adopted in or under AS 05.20 may file a written request with the director of the department's division of labor standards and safety.

(b) A request filed under (a) of this section must include

(1) the name and address of the applicant;

(2) the name and address of the place where the amusement ride is located;

(3) specification of the standard or portion of it from which the applicant seeks a variance;

(4) an explanation of why the applicant is unable to comply with that standard or portion of it;

(5) a description of the alternative measures that the applicant has taken or will take, with specific dates, to adequately safeguard persons from the hazards covered by the standard; and

(6) a statement of the effect a grant of a variance will have on the safety of persons in or around the amusement ride.

(c) After the director's review of the variance request and the inspector's recommendations, the director will make a final determination on the variance request. A variance will be granted only if the applicant has demonstrated that he or she will provide safety protection equal to or better than the standard from which the variance is sought.

(d) The department's denial of a variance from a safety standard may be appealed to the commissioner in the manner set out in 8 AAC 78.180.

History

Authority: AS 05.20.070; AS 05.20.080
Eff. 11/30/89, Register 112

8 AAC 78.180 Appeals {#sec-8-aac-78.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.180}

(a) A notice issued under AS 05.20.050 for a violation of AS 05.20 or 8 AAC 78.010 - 8 AAC 78.180, based upon inspection under AS 05.20.060, is final unless the owner or operator of the amusement ride files an appeal with the commissioner within 15 days after receipt of the inspector's report. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) As required by AS 05.20.080, a hearing held under this section will be conducted in accordance with AS 44.62.330 - 44.62.630. The commissioner, or his or her designee, will hear the case with the hearing officer assigned to the matter.

History

Authority: AS 05.20.070; AS 05.20.080; AS 44.62.450
Eff. 11/30/89, Register 112

Article 2 Tramways

8 AAC 78.250 Minimum tramway standards {#sec-8-aac-78.250 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.250}

The department adopts by reference the 2017 edition of B77.1-2017, American National Standard for Passenger Ropeways - Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors - Safety Standard, approved by the American National Standards Institute on May 11, 2017.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158; am 10/16/2012, Register 204; am 5/9/2018, Register 226

8 AAC 78.260 Registration {#sec-8-aac-78.260 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.260}

An owner or operator shall register a new or modified tramway with the department at least 30 days before installation. The registration must provide the name and mailing address of the area operator, the location of the tramway, basic design data, a profile of the lift line showing terrain features and proximity of power lines, and other related information that might be requested by the department.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112

8 AAC 78.270 New construction and modifications {#sec-8-aac-78.270 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.270}

(a) To ensure that a new tramway does not pose a danger to employees of the owner or operator or to the public, plans for new tramway construction must be

(1) approved and sealed by an engineer who is registered under AS 08.48 and who is competent in tramway design;

(2) approved in writing by the department before the equipment is ordered; and

(3) in compliance with the safety requirements adopted by reference in 8 AAC 78.250.

(b) Within 15 working days after receipt of an engineer's approval under (a) of this section, the department will complete its review and notify the operator that the design is approved or notify the owner or operator of any deficiencies found.

(c) To ensure that the modification does not pose a danger to employees of the owner or operator or the public, a modification to a tramway must be

(1) approved and sealed by an engineer who is registered under AS 08.48 and who is competent in tramway design;

(2) approved in writing by the department before the modification begins; and

(3) in compliance with 8 AAC 78.250.

(d) The department will complete the modification design review, and will notify the operator of any deficiencies within 15 working days after receipt of an engineer's approval under (c) of this section.

(e) Before it is used by the public, a newly constructed tramway or a modification to a tramway must be subjected to an acceptance inspection. Acceptance inspections shall be witnessed by

(1) an inspector or a tramway specialist; and

(2) the engineer that approved and sealed the plans provided to the department under (a) or (c) of this section.

(f) For an acceptance inspection under (e) of this section, the inspector or tramway specialist shall submit the inspection report to the department. Upon review of the report, if the department determines that the tramway complies with 8 AAC 78.250 - 8 AAC 78.900, the department will issue to the owner or operator a certificate of operation.

History

Authority: AS 05.20.050; AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.275 Designation as tramway specialist {#sec-8-aac-78.275 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.275}

A person's designation by the department as a tramway specialist is valid for one year from the date of issuance.

History

Authority: AS 05.20.040; AS 05.20.070
Eff. 9/25/2002, Register 163

8 AAC 78.280 Inspection and certification {#sec-8-aac-78.280 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.280}

(a) A tramway used or proposed to be used in the state must be inspected annually by an inspector or tramway specialist before access to the tramway is made available to the public. The inspector or tramway specialist shall submit the inspection report to the department within 15 days after the inspection.

(b) Upon review of the report submitted under (a) of this section, if the department determines that the tramway complies with 8 AAC 78.250 - 8 AAC 78.900, the department will issue to the owner or operator a new certificate of operation.

History

Authority: AS 05.20.060; AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158; am 9/25/2002, Register 163

8 AAC 78.285 Violations {#sec-8-aac-78.285 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.285}

(a) During an inspection, the inspector or tramway specialist shall make a written report of any violations that were observed of the safety requirements adopted by reference in 8 AAC 78.250.

(b) At the close of an inspection, the inspector or tramway specialist shall review the inspection report with the owner and operator of the tramway and provide the owner and operator with a copy of the inspection report and a compliance card. If the owner and operator of the tramway are not present, the inspector or tramway specialist shall deliver or send a copy of the inspection report and a compliance card by certified mail, return receipt requested, to the owner and operator.

(c) Upon review of the report submitted under 8 AAC 78.280(a), if the department concurs with the inspector or tramway specialist, the department will deliver or send, by certified mail, return receipt requested, a written notice of violation to the owner and operator of a tramway. In the notice of violation, the department will advise the owner and operator of the

(1) period of time within which the violations must be remedied;

(2) owner's and operator's responsibility to return the compliance card to the department when the violations are corrected; and

(3) owner's and operator's right under 8 AAC 78.340 to appeal both the findings and the period of time allowed to remedy the violation.

(d) A tramway specialist may not condemn equipment under AS 05.20.050.

History

Authority: AS 05.20.050; AS 05.20.070
Eff. 6/15/2001, Register 158

8 AAC 78.290 Accidents and injuries {#sec-8-aac-78.290 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.290}

(a) The owner or operator of a tramway shall have at least $1,000,000 liability insurance. If the owner or operator of a tramway is a municipality, the municipality is not required to post a liability insurance binder if it can provide proof of self-insurance satisfactory to the department. Evidence of the insurance or proof of self-insurance must be mailed, faxed, sent by electronic mail, or hand delivered to the department's mechanical inspection section at least 10 days before planned operation of the tramway, and must be available at the tramway site.

(b) Repealed 6/15/2001.

(d) Repealed 5/9/2018.

(e) The owner or operator of a tramway shall immediately notify the department's mechanical inspection section, by telephone, of any occurrence involving a tramway, if the occurrence results in

(1) the death of a person;

(2) injury to a person that requires ambulance or emergency vehicle transport to a hospital or clinic, and the injury is the result of a mechanical or structural failure of the tramway; or

(3) a mechanical or structural failure of the tramway that affects the safe operation of the tramway.

(f) The owner or operator of a tramway shall, within 24 hours, notify the department's, mechanical inspection section, by telephone, facsimile, or electronic mail, of an injury to a person involving an amusement ride, other than a death or injury that is reportable under (e)(1) or (2) of this section.

(g) If an occurrence described in (e) of this section occurs after ordinary business hours of the department's mechanical inspection section, the owner or operator of a tramway shall immediately notify the local police or local office of the Department of Public Safety, division of state troopers, in addition to the notification required in (e) of this section.

(h) The owner or operator of a tramway shall prepare a written report of an occurrence described in (e) of this section and mail, fax, send by electronic mail, or hand deliver the written report to the department's mechanical inspection section not later than 48 hours after the occurrence. The written report must include

(1) the date of the occurrence;

(2) the name, manufacturer, and serial number of the tramway involved;

(3) the name, age, address, and telephone number of the injured or deceased person, if any;

(4) a description of the injury, and medical treatment administered to the injured or deceased person, if any; and

(5) a narrative description of the occurrence.

(i) The owner or operator of a tramway involved in an occurrence described in (e)(1) or (2) of this section shall, after securing the scene to prevent additional injuries and to remove any injured or deceased persons, immediately remove the tramway from service. The department will conduct a prompt investigation of a tramway removed from service under this subsection. The tramway may not be repaired or operated until the department completes its investigation.

History

Authority: AS 05.20.030; AS 05.20.070
Eff. 11/30/89, Register 112; em am 1/16/90 - 5/15/90, Register 113; am 6/15/2001, Register 158; am 5/9/2018, Register 226

8 AAC 78.300 Inspection, maintenance, and repair {#sec-8-aac-78.300 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.300}

(a) The operator of a tramway or the operator's designee shall give the tramway a daily operating test before a passenger is permitted to ride. The test must include the operation of controls, speed - governing devices, braking equipment, and other safety devices. Any condition discovered that poses a present danger must be corrected before a passenger is permitted to ride.

(b) Any condition found during an inspection that poses a present danger or is not in compliance with the manufacturer's specifications must be corrected before a passenger is permitted to ride.

(c) The operator shall maintain a permanent record of each inspection or repair made to a tramway and shall make the record available to the department, inspector, or tramway specialist upon request. Each manufacturer recommended non-destructive examination shall be performed as specified. All welding on steel components of a tramway shall be done according to the manufacturer's recommendations. The worker performing the welding must be certified in writing by an independent testing laboratory to be qualified to perform the required procedure to the standards contained in the American Welding Society Structural Welding Code.

(d) At any reasonable time, the department may inspect a tramway, and the operator shall assist with the inspection upon request. If the department issues an order under AS 05.20.030(2) to prohibit the operation of a tramway, the operator shall immediately stop operation of the tramway. The department will issue a report to the owner or operator identifying the specific reason for closure and will tag the tramway as being out of service. The operator may not re-open the tramway to public use until the repairs or corrections are made and the department has approved its operation in writing.

(e) After accidental activation of a tramway's safety stop or gate, the operator or the operator's designee shall inspect the tramway to determine the cause. An unsafe condition identified during the inspection must be corrected before a passenger is permitted to ride, except that operation of a tramway is permitted in order to unload passengers. A safety or automatic stopping device that allows an automatic restart of a tramway may not be installed.

History

Authority: AS 05.20.020; AS 05.20.060 AS 05.20.030; AS 05.20.070
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158

8 AAC 78.310 Miscellaneous provisions {#sec-8-aac-78.310 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.310}

Repealed.

History

Eff. 11/30/89, Register 112; repealed 6/15/2001, Register 158

8 AAC 78.320 Attendants {#sec-8-aac-78.320 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.320}

(a) An attendant may not act as a ticket seller or receive money while the tramway is in operation.

(b) An attendant of a fiber rope tow is exempt from the provisions of this section.

History

Authority: AS 05.20.070
Eff. 11/30/89, Register 112

8 AAC 78.330 Variances {#sec-8-aac-78.330 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.330}

(a) The owner or operator of a tramway who desires a variance from a safety standard adopted in or under AS 05.20 may file a written request for variance with the director of the department's division of labor standards and safety.

(b) A request filed under (a) of this section must include

(1) the name and address of the applicant;

(2) the name and address of the place where the tramway is located;

(3) specification of the standard or portion of it from which the applicant seeks a variance;

(4) an explanation of why the applicant is unable to comply with that standard or portion of it;

(5) a description of the alternative measures that the applicant has taken or will take, with specific dates, to adequately safeguard persons from the hazards covered by the standard; and

(6) a statement of the effect a grant of a variance will have on the safety of persons in or around the tramway.

(c) After the director's review of the variance request and the tramway inspector's final recommendations, the director will make a final determination on the variance request. A variance will be granted only if the applicant has demonstrated that he or she will provide safety protection equal to or better than the standard from which the variance is sought.

(d) The department's denial of a variance from a safety standard may be appealed to the commissioner in the manner set out in 8 AAC 78.340.

History

Authority: AS 05.20.070; AS 05.20.080
Eff. 11/30/89, Register 112

8 AAC 78.340 Appeals {#sec-8-aac-78.340 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.340}

(a) A notice issued under AS 05.20.050 for a violation of AS 05.20 or 8 AAC 78.250 - 8 AAC 78.340, based upon inspection under AS 05.20.060, is final unless the owner or operator of the tramway files an appeal with the commissioner within 15 days after receipt of the inspector's report. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

History

Authority: AS 05.20.070; AS 05.20.080; AS 44.62.450
Eff. 11/30/89, Register 112

Article 3 General Provisions

8 AAC 78.900 Definitions {#sec-8-aac-78.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 78.900}

(a) In this chapter, unless the context requires otherwise,

(1) "amusement ride"

(A) means a mechanical device, aquatic device, or combination of devices, if safety of the patrons, employees, and the public are within the department's jurisdiction, that carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement;

(B) includes carnival rides, fair rides, water park facilities, bumper boats, go carts, or other commercial activities, of either a permanent or temporary nature;

(2) "attendant" means a person who acts as an engine or motor operator, a person stationed at a dispatch, loading, or unloading area, or other person whose duties pertain specifically to the mechanical operation of a device;

(3) "automatic restart" means a mechanism designed to restart equipment without human intervention;

(4) "buffer zone" means a clear area designed to cushion against shock;

(5) "commissioner" means the commissioner of the Alaska Department of Labor and Workforce Development;

(6) "department" means the Alaska Department of Labor and Workforce Development;

(7) "director" means the director of the division of labor standards and safety in the Department of Labor and Workforce Development;

(8) "disassembly" means the dismantling of equipment to the extent that concealed shafts, bearings, or struts may be visually examined;

(9) "division" means the division of labor standards and safety in the Department of Labor and Workforce Development;

(10) "enclosure" means a visible barrier surrounding an amusement ride;

(11) "equipment" includes all types of amusement rides and tramways, as well as the machinery, safeguards, and protective facilities used in conjunction with the operation and maintenance of amusement rides and tramways;

(12) "modification" means a change in the original manufacturer's engineering, design, or installation requirements;

(13) "portable tramway" means a tramway that, by design, is movable to a new location without installation of permanent apparatus such as poles, towers, and anchors;

(14) "safety gate" means a device that, due to the passenger's weight or contact, will automatically stop a tramway;

(15) "tramway" means a device that is a passenger tramway, aerial or surface lift, ski lift, or rope tow;

(16) "tramway specialist" means a person authorized in writing by the department to inspect and review the installation, maintenance, or operation of a tramway;

(17) "independent testing laboratory" means a laboratory that is not affiliated with an owner or operator, the worker performing the welding, or the worker's employer;

(18) "NAARSO" means the National Association of Amusement Ride Safety Officials;

(19) "present danger" means a danger that is near at hand, related to the present time, or as likely to happen within a period of immediate time as distinguished from a future time;

(20) "speed slide" means a water slide designed for an exit speed of 25 miles per hour or more;

(21) "water slide"

(A) means an amusement ride utilizing a straight or twisting slide

(i) along which a continuous stream of water passes;

(ii) on which patrons rapidly slide down independently or riding on a sled, mat or inflatable device; and

(iii) that empties into a pool of water or a run-out;

(B) includes the receiving pool of water and the run-out described in (A)(iii) of this paragraph; and

(22) "working day" means a day other than Saturday, Sunday, or a state holiday.

(b) In this chapter and in AS 05.20, unless the context requires otherwise,

(1) "inspector" means a person employed by the department to inspect and review the installation, maintenance, or operation of a tramway or amusement ride;

(2) "operator" means a person or persons who lease or otherwise control the operation of an amusement ride, amusement park, carnival, or tramway;

(3) "owner" means a person or persons who own or have financial interest in the operation of an amusement ride, amusement park, carnival, or tramway.

History

Authority: AS 05.20.070; AS 05.20.120
Eff. 11/30/89, Register 112; am 6/15/2001, Register 158; am 9/25/2002, Register 163

Chapter 80 Boiler and Pressure Vessel Construction Code

Article 1 Boiler and Pressure Vessel Construction Code

8 AAC 80.010 Boiler and pressure vessel construction code {#sec-8-aac-80.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.010}

(a) The department adopts by reference the following sections of the 2013 edition of the American Society of Mechanical Engineers' Boiler and Pressure Vessel Code (ASME code) as interpreted as of July 1, 2013:

(1) Section I, Rules for Construction of Power Boilers;

(2) Section II, Materials;

(3) Section IV, Rules for Construction of Heating Boilers;

(4) Section V, Nondestructive Examination;

(5) Section VI, Recommended Rules for Care and Operation of Heating Boilers;

(6) Section VII, Recommended Guidelines for the Care of Power Boilers;

(7) Section VIII, Rules for Construction of Pressure Vessels;

(8) Section IX, Welding, Brazing, and Fusing Qualifications;

(9) Section X, Fiber Reinforced Plastic Pressure Vessels.

(b) The department adopts by reference the American Petroleum Institute's Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration, 10th edition, May 2014, with Addendum 1, May 2017, and Addendum 2, March 2018 (API 510).

(c) Canadian registration number (CRN) vessels that are designed and constructed in conformance with the ASME Code, but do not bear the ASME symbol, will be approved for use upon receipt of the manufacturer's data sheet.

(d) A boiler or pressure vessel fabricated for installation in this state in accordance with AS 18.60.180 - 18.60.390 must bear a National Board of Boiler and Pressure Vessel Inspectors registration number. Cast iron heating boilers are exempt from the requirements of this subsection.

History

Authority: AS 18.60.180

8 AAC 80.015 Notification of installation {#sec-8-aac-80.015 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.015}

(a) A contractor or subcontractor who installs boilers or pressure vessels subject to state law must notify the department of any installation within 30 days of the installation. This notification may be on the departmental preaddressed and preprinted form, or in the form of a letter; however, the notification must contain the following information:

(1) date of installation;

(2) name of the owner;

(3) address of the owner;

(4) address of the installation;

(5) specific location of the boiler or vessel;

(6) telephone contact number for the installer;

(7) type of boiler or unfired vessel;

(8) manufacturer's serial number or the National Board number;

(9) British thermal unit input of the boiler or cubic foot volume of pressure vessel;

(10) contractor's name and signature; and

(11) contractor license number.

(b) The information shall be added to the department's data base for boilers and pressure vessels. The information shall appear on the inspector's overdue list until such time as the vessel is certified for service.

History

Authority: AS 18.60.180; AS 18.60.340
Eff. 10/21/92, Register 124

8 AAC 80.020 Inspection fees {#sec-8-aac-80.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.020}

The owner or user of a boiler, unfired pressure vessel, refrigeration system, or shop that is inspected by a special inspector, chief inspector, approved inspector, or deputy inspector shall pay the department, upon completion of inspections and receipt of invoice, the following fees for inspection services:

(1) high-pressure boilers with

(A) under 250 square feet of heating surface:

(i) internal inspection - $90;

(ii) external inspection - $85; or

(B) 250 - 750 square feet of heating surface:

(i) internal inspection - $100;

(ii) external inspection - $85; or

(i) internal inspection - $130;

(ii) external inspection - $100;

(2) low-pressure boilers with

(A) under 500 square feet of heating surface:

(i) internal inspection - $80;

(ii) external inspection - $65; or

(B) 500 square feet of heating surface or over:

(i) internal inspection - $105;

(ii) external inspection - $75;

(3) cast iron and miniature boilers - $65;

(4) hot water supply boilers - $55;

(5) unfired pressure vessels and refrigeration systems - $65;

(6) shop and special inspections,

(A) $150 per hour; and

(B) repealed 12/17/99;

(7) each certificate of inspection - $60.

History

Authority: AS 18.60.180; AS 18.60.340; AS 18.60.360

8 AAC 80.030 Certificates of inspection {#sec-8-aac-80.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.030}

(a) The expiration date of a certificate of inspection issued under AS 18.60.340 will be shown on the certificate. The certificate remains valid until its stated expiration date so long as there is no break in insurance coverage on the vessel for which the certificate was issued.

(b) An insurance carrier assuming coverage for a vessel shall, within 30 days after assuming coverage, provide the department with either a notice of insurance or an insurance binder indicating the effective date of coverage, the location of the vessel, and the state vessel number assigned to it. The carrier shall provide the department with a copy of its initial inspection report if the certificate is due to expire. If the vessel does not have a state vessel number assigned to it, the special inspector for the insurance carrier shall assign it a number. A certificate of inspection will be processed by the department upon receipt of these items.

(c) If the insurance coverage for a vessel is transferred from one insurance carrier to another, the insurance carrier dropping coverage of the vessel shall, within 20 days after the expiration of coverage, provide the department with a notice of cancellation of coverage, stating the location of the vessel, its assigned state vessel number and the reason for cancellation of coverage.

(d) If requested on the notice of insurance or the insurance binder submitted under (b) or (c) of this section by an insurance carrier assuming coverage of a vessel, the department will provide the carrier with an updated computer information sheet for the covered vessel. The sheet will include the date on which the field inspection report forms for the next regular inspection will be sent to the carrier and a description of the vessel.

(e) If a notice of cancellation under (c) of this section is received by the department, and a notice of insurance or insurance binder indicating continuing coverage is not received within 40 days after the cancellation date, the department will make an inspection if a certificate is due to expire.

(f) Vessels not covered by insurance or a department-approved owner or user program, will be inspected by the department. A certificate of inspection for a vessel will be issued if, after inspection, the vessel is found to meet the requirements of AS 18.60.180 and this chapter.

History

Authority: AS 18.60.180; AS 18.60.340
Eff. 5/24/78, Register 66; am 6/21/84, Register 90; am 10/21/92, Register 124

8 AAC 80.040 Identification of special inspectors {#sec-8-aac-80.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.040}

An individual commissioned as a special inspector shall pay a fee of $50 and obtain an identification card issued by the department. The identification card, issued for a one-year period, must be carried at all times when performing inspections within the state. An identification card may be obtained in person at the Anchorage office of the department. Arrangements may be made in advance to obtain the identification card at any other office of the department by contacting the Anchorage office. The identification card must be returned to the department upon termination of employment.

History

Authority: AS 18.60.180; AS 18.60.220; AS 18.60.240
Eff. 5/24/78, Register 66; am 6/21/84, Register 90; am 10/21/92, Register 124; am 12/17/99, Register 152; am 5/9/2018, Register 226

8 AAC 80.050 Boiler and pressure vessel inspection standards: installation; combination boiler-water heater units {#sec-8-aac-80.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.050}

(a) The portion of the most current addition of the National Board Inspection Code Manual for Boiler and Pressure Vessel Inspectors addressing installation must be used as a guideline if the manufacturer's recommendation is not available.

(b) A combination boiler-water heater unit must comply with the standards of the most current edition of the National Board Inspection Code Manual for Boiler and Pressure Vessel Inspectors that are applicable to both boilers and water heaters, with the most stringent standard to be applied in the event of a conflict between standards.

History

Authority: AS 18.60.315
Eff. 9/27/2008, Register 187

8 AAC 80.060 Inspection and stamping {#sec-8-aac-80.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.060}

(a) Upon completion of installation, a boiler or unfired pressure vessel covered by AS 18.60.180 must be inspected by a deputy inspector or special inspector and identified by state vessel number assigned by the department.

(b) The state vessel number shall be affixed as follows:

(1) except as provided in (2) of this subsection, a steel boiler or unfired pressure vessel will be stamped, preferably on the nameplate, with at least five-sixteenths-inch numbers; the stamping must be plainly visible and easily read;

(2) paint marker pens may be used if they are designed to make notations that are permanent and readable; the state vessel number must be placed above or below the manufacturer's information nameplate;

(3) during the initial inspection and each subsequent periodic inspection,

(A) the responsible inspector shall affix an inspection tag provided by the department;

(B) the inspection tag must set out

(i) the state vessel number;

(ii) the name of the responsible inspector;

(iii) the responsible inspector's identification number as it appears on the card issued under 8 AAC 80.040, if the responsible inspector is a special inspector; and

(iv) the month and year in which the inspection was performed; and

History

Authority: AS 18.60.180
Eff. 6/21/84, Register 90; am 10/21/92, Register 124; am 10/16/2012, Register 204; am 4/24/2020, Register 234

Article 2 Operation Controls

8 AAC 80.070 Low-water fuel cutoff {#sec-8-aac-80.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.070}

(a) An automatically fired steam boiler must be equipped with an automatic low-water fuel cutoff with manual reset.

(b) An automatically fired hot water heating or hot water supply boiler that exceeds an input of 400,000 Btu per hour must be equipped with an automatic low-water fuel cutoff or a loss of flow switch, as appropriate for the heater or boiler.

History

Authority: AS 18.60.180
Eff. 6/21/84, Register 90; am 12/17/99, Register 152; am 4/24/2020, Register 234

8 AAC 80.080 Pressure or temperature controls {#sec-8-aac-80.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.080}

(a) An automatically fired steam boiler must be protected by

(1) a high-limit safety control, set to prevent the pressure from exceeding the maximum allowable working pressure of the boiler; and

(2) an operating control designed to cut off the fuel supply if the pressure reaches an operating limit; the operating limit must be less than the maximum allowable working pressure of the boiler.

(b) An automatically fired hot water heating or hot water supply boiler must be protected by

(1) a high-limit safety control that is set to prevent the temperature from exceeding the marked maximum water temperature at the boiler outlet; and

(2) an operating control designed to cut off the fuel supply when the temperature reaches an operating limit; the operating limit must be less than the maximum water temperature of the boiler.

History

Authority: AS 18.60.180
Eff. 6/21/84, Register 90; am 12/17/99, Register 152

8 AAC 80.090 Blowdown tanks {#sec-8-aac-80.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.090}

Vented blowdown tanks must be designed for a minimum working pressure of 50 psi and be built in accordance with Section VIII of the ASME Code. If a blowdown tank is not vented, it must meet the requirements of the ASME Code, be manufactured to the maximum allowable working pressure of the boiler, and be equipped with a safety relief valve of capacity equal to that of the attached boiler.

History

Authority: AS 18.60.180
Eff. 6/21/84, Register 90; am 12/17/99, Register 152

Article 3 Special Requirements for Alterations or Repair Authorization

8 AAC 80.100 Authorization for safety valves {#sec-8-aac-80.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.100}

(a) A company that does not hold a "VR" stamp and has their employees repair, reset, or reseal ASME safety and safety relief valves must obtain a written authorization signed by the director. The authorization must be renewed every three years following the date of original issue. To obtain an authorization, the company must

(1) have a written quality control manual;

(2) have an approved safety relief valve test bench which has calibrated test gauges;

(3) possess a training certificate issued by a safety valve manufacturer, or an owner-user; and

(4) have seals assigned only to those qualified to seal the safety valves.

(b) Repealed 12/17/99.

(c) A company in possession of a "VR" stamp issued by the NB must file its valid VR certification, its identification symbol, and a control copy of its quality system manual with the chief inspector in order to repair, reset, or reseal ASME safety and safety relief valves.

(d) Notwithstanding (a) of this section, on or after December 17, 2000, the department will not issue or renew letters of authorization as described in (a) of this section. To repair, reset, or reseal ASME safety and safety relief valves on or after December 17, 2000, the company must

(1) have a valid VR certification and make the filings described in (c) of this section; or

(2) hold a valid letter of authorization issued before December 17, 2000 under (a) of this section that has not expired.

History

Authority: AS 18.60.180; AS 18.60.315
Eff. 6/21/84, Register 90; am 10/21/92, Register 124; am 12/17/99, Register 152

8 AAC 80.110 Safety, safety relief, or relief valves {#sec-8-aac-80.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.110}

(a) When two or more boilers operating at different pressures and safety valve settings are interconnected, the lower-pressure boiler or interconnected piping must be equipped with safety valves of sufficient capacity to prevent overpressure.

(b) If in-service safety relief valve testing is impractical because a pressure vessel contains liquids or gases which are hazardous or costly, the testing may be performed at intervals not to exceed five years.

(c) An operator with a verified testing and inspection program, and certified under the standards of Pressure Vessel Inspection Code; In-service Inspection, Rating, Repair, and Alteration (API 510), as published by the American Petroleum Institute, and adopted by reference in 8 AAC 80.010, may perform testing at intervals consistent with that standard.

History

Authority: AS 18.60.180
Eff. 6/21/84, Register 90; am 4/24/2020, Register 234

8 AAC 80.120 Authorization for alterations or welded repair {#sec-8-aac-80.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.120}

Alterations or welded repair on boilers and unfired pressure vessels must be performed

(1) under the direct supervision of a special or deputy inspector; or

(2) by a person in possession of a repair stamp issued by the NB, if that person

(A) submits a written quality-assurance system for acceptance by the chief inspector; to be accepted, the quality-assurance system must detail the personnel responsibilities and operating procedures for performing welded repair in accordance with the ASME Code or as defined in the NBIC;

(B) has available a copy of Section IX of the ASME Code, the sections of the ASME Code that are applicable to the vessel being worked on, and the NBIC; and

(C) has submitted a tracer number request form, paid the department a $100 tracer tracking fee, and received a tracer number from the department's Anchorage office.

History

Authority: AS 18.60.180; AS 18.60.315; AS 18.60.360
Eff. 6/21/84, Register 90; am 10/21/92, Register 124; am 12/17/99, Register 152; am 11/1/2000, Register 156; am 5/9/2018, Register 226

Article 4 Requirements for Boiler Operator License

8 AAC 80.130 Requirements for boiler operator license {#sec-8-aac-80.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.130}

(a) An applicant for a boiler operator license must submit documented proof, on a notarized form provided by the department or by notarized statements on letterhead stationery from employers, of qualifications for the respective license category as follows:

(1) fireman - no experience required;

(2) third class - at least

(A) 40 hours of classroom training and three months' experience in the operation, maintenance, or repair of boilers; or

(B) six months' experience in the operation, maintenance, or repair of boilers;

(3) second class - at least

(A) six months' experience in the operation, maintenance, or repair of boilers in the size range of 3,500 pounds of steam an hour to 100,000 pounds of steam an hour while holding a third class license; or

(B) 12 months' experience in the operation, maintenance, or repair of boilers having a size equal to or greater than 100,000 pounds of steam an hour;

(4) first class - at least

(A) 12 months' experience in the operation, maintenance, or repair of boilers having a size equal to or greater than 100,000 pounds of steam an hour while holding a second class license; or

(B) 24 months' experience in the operation, maintenance, or repair of boilers having a size equal to or greater than 100,000 pounds of steam an hour.

(b) An examination will be given upon approval of an application. If the applicant fails the examination, the applicant must wait 30 days before reexamination.

(c) A license is valid for three years and is renewable upon request by contacting the Anchorage office of the department.

History

Authority: AS 18.60.180; AS 18.60.395
Eff. 6/21/84, Register 90; am 6/14/2006, Register 178; am 9/27/2008, Register 187; am 10/16/2012, Register 204

Article 5 General Provisions

8 AAC 80.800 Counting of time {#sec-8-aac-80.800 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.800}

The department will consider days to be consecutive calendar days for the counting of time under 8 AAC 80.015 and 8 AAC 80.030.

History

Authority: AS 18.60.180; AS 18.60.340
Eff. 12/17/99, Register 152

8 AAC 80.900 Definitions {#sec-8-aac-80.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 80.900}

(a) In this chapter and in AS 18.60.180 - 18.60.395, unless the context requires otherwise

(1) "alteration" means a change in any item described on the original manufacturer's data report which affects the pressure capability of a boiler or unfired pressure vessel, and includes, for example, a non-physical change such as an increase in the maximum allowable working pressure (internal or external) or design temperature of a boiler or unfired pressure vessel, and a reduction in minimum temperature such that additional mechanical tests are required;

(2) "ASME Code" means the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, adopted by reference in 8 AAC 80.010;

(3) "boiler" means a closed vessel in which water or other vaporizing fluids are heated, steam is generated, steam is superheated, or a combination of these processes occurs, under pressure or vacuum, for use external to the vessel by the direct application of heat; "boiler" includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and complete within themselves; "boiler" also means a

(A) power boiler - a boiler in which steam or other vapor is generated at a pressure of more than 15 psi for use external to itself;

(B) miniature boiler - a power boiler or high-temperature water boiler that does not exceed the following limits:

(i) 16 inches inside diameter of shell;

(ii) 20 square feet heating surface; this subsubparagraph is not applicable to electric boiler;

(iii) five cubic feet gross volume exclusive of casing and insulation; and

(iv) 100 psi maximum allowable working pressure;

(C) waste heat boiler - an unfired pressure vessel or system of unfired pressure vessels intended for the purpose of producing and controlling an output of thermal energy;

(D) steam heating boiler - a boiler designed to convert water into steam that is supplied to an external space heating system;

(E) hot water heating boiler - a boiler designed to heat water for circulation through an external space heating system;

(F) hot water supply boiler - a boiler used to heat water for purposes other than space heating;

(G) portable boiler - a boiler which is primarily intended for temporary location and the construction and usage of which permits it to be readily moved from one location to another;

(H) electric boiler - a power boiler or a high-temperature water boiler in which the source of heat is electricity; and

(I) high-temperature water boiler - a water boiler intended for operation at pressures in excess of 160 psi or temperatures in excess of 250° Fahrenheit;

(4) "certificate of inspection" means a certificate issued by the department for the operation of a boiler or unfired pressure vessel, as required by AS 18.60.340 and 18.60.390;

(5) "chief inspector" means the individual who is in charge of boiler and pressure vessel inspections in the mechanical inspection section of the division of labor standards and safety in the department;

(6) "commissioner" means the commissioner of labor and Workforce Development;

(7) "department" means the Alaska Department of Labor and Workforce Development;

(8) "director" means the director of the labor standards and safety division of the department, or his or her designee;

(9) "discharge capacity" means the discharge capacity of safety or safety relief valves in terms of Btu's or pounds per hour;

(10) "external inspection" means an inspection made when a boiler or unfired pressure vessel is in operation;

(11) "internal inspection" means as complete an examination as can reasonably be made of the internal and external surfaces of a boiler or unfired pressure vessel while it is shut down, with manhole plates, handhole plates or other inspection opening closures removed as required by the inspector;

(12) "owner or user" means any person that is legally responsible for the safe installation, operation, and maintenance of a boiler or unfired pressure vessel within the state;

(13) "pressure vessel" means a vessel in which the pressure is obtained from an external source, or by the application of heat from an indirect source, or from a direct source other than those boilers defined in (3) of this subsection;

(14) "psi" means pounds per square inch;

(15) "repair" means the work necessary to restore a boiler or unfired pressure vessel to a safe and satisfactory operating condition, in accordance with the provisions of the NBIC;

(16) "NB" means the National Board of Boiler and Pressure Vessel Inspectors;

(17) "NBIC" means the National Board Inspection Code Manual for Boiler and Pressure Vessel Inspectors, as adopted in AS 18.60.315;

(18) "R stamp" means the repair stamp issued by the National Board of Boiler and Pressure Vessel Inspectors for the repair of boilers or pressure vessels;

(19) "VR stamp" means the safety or safety relief valve repair stamp issued by the National Board of Boiler and Pressure Vessel Inspectors;

(20) "automatic utility hot water heater" means a vessel in which potable water is heated by the combustion of fuel, by electricity, or by any other source, and withdrawn for external use;

(21) "Btu" means British thermal unit;

(22) "control copy" means a quality system manual described in the NBIC, RA 2151(e);

(23) "deputy inspector" means an employee of the department assigned by the department chief inspector to conduct inspections under this chapter;

(24) "kPa" means kilopascal;

(25) repealed 9/25/2002;

(26) "special inspector" means an individual commissioned under AS 18.60.240 and 8 AAC 80.040 to perform inspections under this chapter;

(27) "approved inspector" means an employee of the department appointed by the commissioner and approved by the director to perform inspections of cast iron boilers and domestic hot water heaters under AS 18.60.180 - 18.60.395 and this chapter;

(28) "National Board" has the same meaning given for the term "NB" in this section;

(29) "combination boiler-water heater unit" means a water heating device that combines the function of an automatic utility hot water heater and a space heating boiler in a single unit.

(b) As used in AS 18.60.210(a)(5), "inside diameter not exceeding six inches" means having a cross sectional area no greater than 28.26 square inches.

(c) As used in AS 18.60.210(a)(2), "unfired pressure vessels" means portable "DOT" stamped pressure vessels used for the shipment of liquids or gases under pressure.

(d) As used in AS 18.60.210(a)(6), "place of public assembly" has the same meaning given "public structures" in AS 18.60.660.

History

Authority: AS 18.60.180; AS 18.60.315
Eff. 6/21/84, Register 90; am 10/21/92, Register 124; am 12/17/99, Register 152; am 11/1/2000, Register 156; am 9/25/2002, Register 163; am 12/6/2003, Register 168; am 9/27/2008, Register 187; am 2/23/2011, Register 197; am 4/24/2020, Register 234

Part 5 Alaska Performance Scholarship Program

Chapter 81 Alaska Performance Scholarship Program Career and Technical School Program Certification

8 AAC 81.010 Certification of postsecondary career and technical school programs {#sec-8-aac-81.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 81.010}

(a) The department will certify a postsecondary career and technical school program as eligible to participate in the Alaska performance scholarship program if the career and technical school submits a complete application as required under 8 AAC 81.020, is physically located in the state as determined by the Alaska Commission on Postsecondary Education under AS 14.43.830 and 20 AAC 16.235(h), and

(1) is operated by an accredited postsecondary entity; in this paragraph, "accredited" means accredited by an accreditation association that the United States Secretary of Education recognizes under 34 C.F.R. Part 602;

(2) results in an industry-recognized certificate required for an occupation in that industry; for purposes of this paragraph, an industry-recognized certificate is a certificate that, in the determination of the department,

(A) is an independent third-party credential that is industry-accepted; and

(B) results from a process in which an individual's knowledge or skill in a particular area is verified against a set of pre-determined standards;

(3) offers a program required in order for the student to obtain an occupational license under 12 AAC; or

(4) is an apprenticeship program registered under 29 U.S.C. 50 - 50b (National Apprenticeship Act) and 29 C.F.R. Parts 29 and 30 with the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship.

(b) Certification under this chapter does not relieve a career or technical school program from compliance with requirements under 20 AAC 16.205 - 20 AAC 16.250 for postsecondary institutions.

History

Authority: AS 18.43.830
Eff. 1/1/2011, Register 196

8 AAC 81.020 Application for certification {#sec-8-aac-81.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 81.020}

(a) To request certification under 8 AAC 81.010, a postsecondary career and technical school must submit, no later than the annual date that the department will set and publish on the department's website, a complete application to the department on a form provided by the department. The form must include a certification by the career and technical school that the school agrees to provide the department the performance data necessary for the department to fulfill the reporting requirements of AS 14.43.840.

(b) No later than 30 days after receiving an application, the department will notify the career and technical school in writing of the department's decision regarding certification to participate in the Alaska performance scholarship program. If the department denies the application, the department will include information in the notice describing the reasons for denial.

History

Authority: AS 18.43.830
Eff. 1/1/2011, Register 196

8 AAC 81.030 Accelerated programs of study {#sec-8-aac-81.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 81.030}

(a) To request approval for a program with an accelerated method of delivery, a postsecondary career and technical school must submit, with its application under 8 AAC 81.020, an additional application to the department on a form provided by the department. The department will approve the application if the career and technical school demonstrates that the program meets the minimum clock hours that the Alaska Commission on Postsecondary Education requires

(1) under 20 AAC 16.220(b)(3) for a full-time student, but meets those hours in a period of less than 12 weeks;

(2) under 20 AAC 16.220(c)(3) for a part-time student, but meets those hours in a period of less than six weeks.

(b) The department's initial approval under this section is valid for two school years. To request to renew an approval under this section, the career and technical school must submit, with its application under 8 AAC 81.040, an additional application to the department on a form provided by the department.

History

Authority: AS 18.43.830
Eff. 1/1/2011, Register 196

8 AAC 81.040 Renewal of certification {#sec-8-aac-81.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 81.040}

(a) The department's initial certification of a postsecondary career and technical school program is valid for two school years. To request recertification, the career and technical school must submit, at least 90 days before the program's current certification expires, a complete application to the department on a form provided by the department.

(b) No later than 30 days after receiving an application, the department will notify the career and technical school in writing of the department's decision regarding renewal of certification to participate in the Alaska performance scholarship program. If the department denies the application, the department will include information in the notice describing the reasons for denial.

History

Authority: AS 18.43.830
Eff. 1/1/2011, Register 196

8 AAC 81.050 Reconsideration of denials of applications {#sec-8-aac-81.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 81.050}

(a) No later than 10 working days after the date of the notice, a career and technical school program that receives a notice of denial of an application from the department may file a written request for reconsideration under this section to the commissioner. The request must address the reasons that the department did not approve the application.

(b) No later than 15 working days after receiving a request for reconsideration, the commissioner will issue a written decision on the request. The commissioner will reconsider the application if the person requesting reconsideration demonstrates one or more of the following to the commissioner's satisfaction:

(1) that there has been a substantial change in the conditions upon which the denial was based;

(2) that the person requesting reconsideration has relevant information that was not available when the denial was made;

(3) that the denial contains a technical, legal or administrative error or misinterpretation of data, the correction of which might result in a different decision.

(c) If the commissioner does not issue a written decision on or before the 15th working day after receiving a request for reconsideration, the request is considered denied.

(d) The commissioner's decision on a request for reconsideration constitutes the final decision of the department. The commissioner's decision is subject to judicial review in accordance with Rule 602 of the Alaska Rules of Appellate Procedure.

(e) If a person does not file a timely request for reconsideration, the department's decision constitutes the final determination of the department.

History

Authority: AS 18.43.830
Eff. 1/1/2011, Register 196

8 AAC 81.900 Definitions {#sec-8-aac-81.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 81.900}

In this chapter,

(1) "Alaska performance scholarship program" means the scholarship program established under AS 14.43.810 - 14.43.849;

(2) "commissioner" means the commissioner of labor and workforce development;

(3) "department" means the Department of Labor and Workforce Development;

(4) "school year"' means the period set out in AS 14.03.020;

(5) "working day" means a day other than Saturday, Sunday, or a state holiday.

History

Authority: AS 14.43.830
Eff. 1/1/2011, Register 196

Part 6 Alaska Technical and Vocational Education Program

Chapter 82 Alaska Vocational Technical Center

8 AAC 82.100 Tuition rates and fees for training at Alaska Vocational Technical Center {#sec-8-aac-82.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 82.100}

(a) The tuition rates for published long-term workforce training programs offered from July 1, 2024 to June 30, 2025 at or through the Alaska Vocational Technical Center (AVTEC) facility in Seward are as follows:

(1) one term (19 weeks or 90 training days), $3,287;

(2) two terms (38 weeks or 180 training days), $4,929.

(b) The fee for services applied to all workforce training offered from July 1, 2024 to June 30, 2025 at or through the AVTEC facility in Seward is a nonrefundable $50 application fee charged one time per academic year.

(c) The program and service fees applied to long-term workforce training programs offered from July 1, 2024 to June 30, 2025 at or through the AVTEC facility in Seward are as follows:

(1) technology fee,

(A) one term (19 weeks or 90 training days), $195;

(B) two terms (38 weeks or 180 training days), $390;

(2) student services fee,

(A) one term (19 weeks or 90 training days), $150;

(B) two terms (38 weeks or 180 training days), $300.

(d) The room-and-board (residence hall occupancy and meal plan) rates for published workforce training programs offered from July 1, 2024 to June 30, 2025 at the AVTEC facility in Seward are as follows:

(1) daily, $92;

(2) one term (19 weeks or 90 training days, including weekend days), $6,212;

(3) two terms (38 weeks or 180 training days, including weekend days), $12,425.

(e) The following are the apartment rental rates for published term-based training programs offered at the AVTEC facility in Seward from July 1, 2024 to June 30, 2025:

(1) one-bedroom, $975 per month;

(2) two-bedroom, $1,100 per month;

(3) two-bedroom with washer and dryer, $1,250 per month;

(4) four-bedroom, $1,450 per month;

(5) security deposit, to be returned less damages repair costs, $800.

(f) The fee for published short-term workforce training, offered for less than one term through AVTEC off-site or at the facility in Seward from July 1, 2024 to June 30, 2025 is

(1) except as set out in (2) of this subsection, a daily rate of $91; and

(2) for short-term maritime job upgrade courses, a cost-based tuition rate, available at the student enrollment admissions office and also posted and available on the Department of Labor and Workforce Development's website.

(g) The fee for contracted workforce training, offered through AVTEC off-site or at the facility in Seward from July 1, 2024 to June 30, 2025 is

(1) per day delivery, $885, except as provided in (2) of this subsection; and

(h) For the purposes of this section,

(1) "AVTEC" means the Alaska Vocational Technical Center, a division of the Department of Labor and Workforce Development;

(2) "contracted workforce training" means training that is

(A) exclusively to meet an employer's need to train the employer's workforce; and

(B) offered through a training contract, in which an employer reserves time in the training program up to the capacity of the training program;

(3) "long-term workforce training" means training that is

(A) offered in terms that are at least 90 days and over 600 hours, to 180 days in duration; and

(B) nationally recognized as accredited through the Council on Occupational Education (COE);

(4) "short-term workforce training" means training that is offered in less than one term

(5) "workforce training" means structured and targeted training designed to equip potential and existing workers with the technical and soft skills, knowledge, and abilities to complete tasks needed by employers in the modern job market regardless of industry.

History

Authority: AS 44.31.020
Eff. 1/1/2007, Register 180; am 7/1/2009, Register 190; am 7/1/2016, Register 218; am 3/13/2020, Register 233; am 7/01/2024, Register 250

Part 7 Employment Security Division and Alaska Workforce Investment Board

Chapter 84 Alaska Workforce Investment Board

Article 1 Grants Received by the Board

8 AAC 84.010 Applicability {#sec-8-aac-84.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.010}

Except as provided in 8 AAC 86 and 8 AAC 87, 8 AAC 84.010 - 8 AAC 84.090 applies to grants for money received by the board under AS 23.15.580(c).

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.020 Limitation {#sec-8-aac-84.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.020}

If a state or federal statute or regulation addresses a particular grant program and is inconsistent with a provision of 8 AAC 84.010 - 8 AAC 84.090, the state or federal statute or regulation supersedes the provision.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.030 Grant disbursement {#sec-8-aac-84.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.030}

For the purpose of AS 23.15.580(c), the board and department will jointly implement a grant disbursement as follows:

(1) the board will review and approve priorities for the grant disbursement and assist in the evaluation of grant proposals;

(2) the department is responsible for all remaining aspects of grant disbursement, including

(A) solicitation of grant proposals consistent with the priorities;

(B) selection of grantees and resolution of appeals;

(D) financing grant awards;

(E) assessment of grantee performance; and

(F) development of any policies affecting grant disbursement.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.040 Submission of grant proposal {#sec-8-aac-84.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.040}

To be considered for a grant under 8 AAC 84.010 - 8 AAC 84.090, an applicant must

(1) demonstrate to the satisfaction of the department that the applicant's accounting system

(A) is able to provide information on grant awards, authorizations, obligations, unobligated balances, assets, liabilities, revenues, and expenses;

(B) has effective control and accountability for all grant money, property, and other assets;

(D) is able to provide accurate, current, and complete disclosure of the financial results of the grant activities;

(2) include in the proposal all information required in the solicitation; and

(3) submit the proposal to the department at the address and no later than the date specified in the solicitation.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.045 Review of proposals {#sec-8-aac-84.045 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.045}

(a) Unless the department cancels a solicitation, the department will review each proposal received in response to a solicitation and prepare written recommendations for the board's consideration.

(b) The department will

(1) evaluate each grant proposal for compliance with the submission requirements, technical or other requirements, and conditions set out in the solicitation;

(2) eliminate from consideration each proposal that fails to meet the submission requirements;

(3) prepare a written evaluation of each grant proposal using criteria established in the solicitation and based upon the contents of the proposal, other documentation, and any other information about the applicant that is available to the department;

(4) make a recommendation about whether each grant proposal should be financed and at what level; and

(5) forward the department's evaluations and recommendations to the board for review and consideration.

(c) A review committee of board members will review each responsive grant proposal using the provisions of 8 AAC 84.040, the criteria in the solicitation, and the department's evaluations and recommendations.

(d) After each review committee member has reviewed each grant proposal, the review committee will meet to

(1) make written recommendations to the department to approve or disapprove a grant award, make modifications to a proposed grant award, or impose conditions for a grant award; and

(2) rank the proposals in priority order in a written recommendation to the department.

(e) The department will base the decision on the award of the grant on the department's consideration of the department's initial evaluations and recommendations in (b) of this section, the written recommendation of the board, and any applicable state and federal statute or regulation.

(f) The department will decide to

(1) approve a grant award;

(2) approve a grant award for an amount different than the amount requested or with modifications;

(3) approve a grant award with special conditions; or

(4) deny a grant award.

(g) When the board assists the department in evaluating proposals for grants, at least a simple majority of board members, or the member's designees, must participate in the evaluation. A participating board member, or a member's designee, may not have a conflict of interest as defined in the board's bylaws and under AS 39.52.220 and 9 AAC 52.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.050 Notification of award {#sec-8-aac-84.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.050}

(a) After the department makes a final grant award decision, the department will send to the applicant a notice of

(1) intent to award the grant, contingent upon any necessary revisions under 8 AAC 84.045(d); or

(2) denial of award and the reason for the denial.

(b) The department will send a grant agreement to a grantee whose proposal has been approved after the department determines that

(1) money is available for the grant; and

(2) any necessary revisions under 8 AAC 84.045(d) were made.

(d) The signed agreement is a contract between the department and the grantee.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.060 Grant standards {#sec-8-aac-84.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.060}

(a) A grant award may be used only for expenditures that are

(1) necessary and reasonable for the completion of grant activities in accordance with AS 23.15.580(c), 8 AAC 84.010 - 8 AAC 84.090, and the grant agreement and budget; and

(2) supported by appropriate source documents, including

(A) cancelled checks;

(B) invoices;

(D) paid bills;

(E) payroll and time and attendance records;

(F) contracts;

(G) tax records; and

(H) other similar documents.

(b) The failure of a grantee to document expenditure of financial resources as required in (a) of this section may result in withholding payment, termination of the grant, or denial of future awards.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.070 Accounting procedures {#sec-8-aac-84.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.070}

A person who is awarded a grant shall

(1) establish a separate fund and accounting codes for receipt and disbursement of grant money under 8 AAC 84.010 - 8 AAC 84.090;

(2) administer the grant money in accordance with the requirements of 8 AAC 84.010 - 8 AAC 84.090; and

(3) provide regular periodic reporting to the department of

(A) grant-financed activities as prescribed in the grant agreement; and

(B) the disposition of grant money.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.080 Records inspection and retention; monitoring {#sec-8-aac-84.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.080}

(a) A person awarded a grant under 8 AAC 84.010 - 8 AAC 84.090 shall maintain all appropriate records related to the grant, including

(1) records used for determining an individual's eligibility to receive training or employment assistance;

(2) training curricula and related materials;

(3) participant attendance at the training;

(4) testing materials and results;

(5) any certifications or other credentials earned by participants as a result of the training;

(6) all accounting records related to the receipt and expenditure of financial resources and other contributed or leveraged money;

(7) all reports submitted to the department and all documents supporting how the reports were prepared;

(8) any other documents that record the activities that occurred under the grant or through the use of financial resources of the grant; and

(9) any documents that the department may require as a condition of the grant.

(b) A person awarded a grant shall maintain the grant-related records required under this section for at least three years after the date the grant is formally closed. If a person has an unresolved audit finding, questioned costs, litigation, or grievance at the end of the three-year period, the person shall maintain the records until the matter is fully resolved.

(c) A person awarded a grant shall ensure that any subgrantee or subcontractor funded by a grant under 8 AAC 84.010 - 8 AAC 84.090 maintain all grant related records in accordance with (a) and (b) of this section.

(d) A person awarded a grant shall ensure that the person's records, and the records of any subcontractor or subgrantee, relevant to the expenditure of money received under a grant are available to the department for periodic monitoring. The records must be made available for inspection no later than 24 hours after a request by the department.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

8 AAC 84.090 Reconsideration and appeal procedures {#sec-8-aac-84.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.090}

(a) A person who receives a notice of denial of award from the department may file a written request for reconsideration under this section to the commissioner no later than 10 working days after the date of the notice.

(b) The written request for reconsideration must address the reasons the proposal was denied by the department.

(c) No later than 10 working days after receipt of the request for reconsideration, the commissioner will make and issue a written decision on the request.

(d) The commissioner may reconsider a proposal for an award if the person requesting reconsideration under this section

(1) shows that the circumstances leading to the denial have changed substantially;

(2) provides relevant information to the department that was not available when the denial was made; or

(3) shows that the department relied upon a technical, legal, or administrative error or misinterpreted data to make its decision.

(e) The commissioner after reconsideration will make the decision on the award of the grant using the criteria established in the solicitation and based upon the contents of the proposal, other documentation, and any other information about the applicant that is available to the department.

(f) If the commissioner does not issue a written decision on or before the 10th working day after a request for reconsideration is received, the request is considered denied.

(g) The commissioner's decision on a request for reconsideration is the final decision of the department.

(h) If a person does not request reconsideration on or before the date established under (a) of this section, the department's decision is final.

(i) A final decision of the department is subject to judicial review under the Alaska Rules of Appellate Procedure.

History

Authority: AS 23.15.580
Eff. 12/23/2011, Register 200

Article 2 Evaluation of Programs

8 AAC 84.100 Performance standards for board evaluation of training programs {#sec-8-aac-84.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.100}

(a) For purposes of AS 23.15.580(i), the board will evaluate a training program identified in AS 23.15.580(f) for compliance with AS 23.15.580(d) and (e). Subject to adjustments under (d) of this section, the board will find a training program to be in compliance with the standards set out in AS 23.15.580(e) if

(1) at least 50 percent of former participants have a job one year after leaving the program;

(2) the median wage of former participants seven to 12 months after successful completion of the program is at least $1,000 per year more than the median wage of those participants six months before entering the program;

(3) at least 50 percent of former participants who were employed after leaving the program received training under the program that was related to their jobs or somewhat related to their jobs seven to 12 months after leaving the program;

(4) within 60 days after successfully completing the program, at least 65 percent of former participants indicate that they were satisfied with or somewhat satisfied with the overall quality of the program; and

(5) within 60 days after the date that former participants who had recently completed the program start working for new employers, at least 60 percent of those employers indicate that they are satisfied with the services received through the workforce development system.

(b) In addition to evaluating, in accordance with (a) of this section, a training program under 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998), the board will evaluate that training program in accordance with the requirements of 29 U.S.C. 2871 and 20 C.F.R. 666.100. For purposes of this subsection, 29 U.S.C. 2871 and 20 C.F.R. 666.100, as amended as of November 17, 2004, are adopted by reference.

(c) In addition to evaluating the state training and employment program (STEP) in accordance with (a) of this section, the board will evaluate

(1) how the STEP has achieved the purpose set out in 8 AAC 87.020; and

(2) whether the STEP has provided participants with the potential to earn at least the average annual wage within three years after completing the training.

(d) No more than once for an upcoming state fiscal year, on or before the January 15 immediately preceding the start of that fiscal year, and after a public hearing and the board's consideration of public testimony received, the board may adjust upward or downward, by no more than

(1) five percentage points, a percentage set out in (a)(1), (a)(3), (a)(4), or (a)(5) of this section or a percentage set by previous adjustment under this subsection; or

(2) five percent, the median wage amount set out in (a)(2) of this section or a median wage amount set by previous adjustment under this subsection.

(e) If determining whether, under (d) of this section, to adjust a figure set out in (a)(1), (a)(2), or (a)(3) of this section, or a figure previously adjusted from one of those figures, the board will consider

(1) any testimony received from the public and from representatives of the program;

(2) the unemployment rate for the state;

(3) the increase or decrease of resources available to a program; and

(4) the percentage change in performance from the previous year.

(f) For purposes of calculating a percentage figure or an amount as described in (a)(1) - (a)(5) of this section, only those former participants whose requested or expected program outcome is employment may be considered in each calculation.

(g) By December 1 of each year, each program shall submit its cost per participant to the board.

(h) The board will not apply the standards of AS 23.15.580(e) and this section to outcomes for self-service activities. For purposes of this subsection, self-service activities include

(1) doing a job search by using a public-access computer or a computer made available for the participant's use; and

(2) updating a resume.

History

Authority: AS 23.15.580
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172

8 AAC 84.110 Participant satisfaction standards {#sec-8-aac-84.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.110}

For purposes of determining, under AS 23.15.580(e)(4) and 8 AAC 84.100, a participant's satisfaction with the overall quality of a program, the board will

(1) ensure that each participant in a training program is contacted within 60 days after the participant exits the program to obtain the participant's responses to a questionnaire supplied by the board; and

(2) review the completed questionnaires and consider the

(A) participant's overall satisfaction with the services received; and

(B) extent to which the services received met the participant's expectations.

History

Authority: AS 23.15.580
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172

8 AAC 84.120 Counting participants {#sec-8-aac-84.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.120}

(a) For purposes of calculating a percentage figure or an amount as described in 8 AAC 84.100(a)(1) - (a)(5), a participant may not be considered in that calculation unless the participant exited the program during the program report period to which the calculation applies.

(b) A participant's exit date from a program is the last date of services received from that program.

(c) A program may consider a participant to have exited the program if the participant was determined to be eligible to participate in the program and if the

(1) participant's file has been closed;

(2) participant has completed the program;

(3) participant has notified the program administrator to stop services within the program report period; or

(4) participant has not received an approved break in service, has stopped receiving services for at least 90 days, and is not scheduled for additional services.

(d) A program may not consider a participant to have exited the program if the participant

(1) has received an approved break in service;

(2) is incarcerated;

(3) has a medical condition that prevents participation; or

(4) is deceased.

(e) If more than one program served a participant, each program may, subject to the requirements of this section, consider that person to have exited that program.

History

Authority: AS 23.15.580
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172

8 AAC 84.130 Management assessment fee {#sec-8-aac-84.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.130}

(a) Subject to the limit set by AS 23.15.580(j) for total fees that may be charged, the management assessment fee for the state fiscal year is .75 percent of a program's authorized operating budget for that fiscal year.

(b) The management assessment fee for a fiscal year must be paid to the board on or before July 1 of that fiscal year.

History

Authority: AS 23.15.580
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172

8 AAC 84.140 Administrative costs standards {#sec-8-aac-84.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.140}

Subject to the limit set by AS 23.15.580(b)(8), allowable administrative costs are those allowable administrative costs set out in 20 C.F.R. 667.220, revised as of November 17, 2004, and adopted by reference.

History

Authority: AS 23.15.580
Eff. 7/28/2002, Register 163; am 12/24/2004, Register 172

8 AAC 84.150 Records inspection and retention {#sec-8-aac-84.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.150}

Program records for each grant awarded under AS 23.15 must be available for board or department inspection for at least three years after grant closeout.

History

Authority: AS 23.15.580
Eff. 12/24/2004, Register 172

Article 3 Definitions

8 AAC 84.900 Definitions {#sec-8-aac-84.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 84.900}

In this chapter, unless the context requires otherwise,

(1) "average annual wage" has the meaning given in AS 23.20.520;

(2) "board" means the Alaska Workforce Investment Board;

(3) "cost per participant" means the total amount of grant money expended, divided by the total number of participants served within a fiscal year by a training grant recipient, including a state agency;

(4) "department" means the Department of Labor and Workforce Development;

(5) "program" means a training program identified in AS 23.15.580(f);

(6) "state training and employment program" or "STEP" means the state training and employment program established under AS 23.15.620 - 23.15.660;

(7) "training" means an activity designed to instruct a participant; "training" includes classroom training, customized training, registered apprenticeship training, on-the-job training, skill- or industry-specific training, vocational training, literacy training, adult basic education, post-secondary training, and graduate training;

(8) "workforce development system" includes the board, the department, and each program awarded a grant under AS 23.15;

(9) "commissioner" means the commissioner of labor and workforce development;

(10) "working day" means a day other than Saturday, Sunday, or a state holiday.

History

Authority: AS 23.15.580
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172; am 12/23/2011, Register 200

Chapter 85 Employment Security

8 AAC 85.010 Definitions {#sec-8-aac-85.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.010}

(a) In this chapter, unless the context requires otherwise,

(1) "commissioner" means the Commissioner of Labor and Workforce Development;

(2) "division" means the employment and training services division of the Department of Labor and Workforce Development;

(3) "act" means the Alaska Employment Security Act and amendments thereto;

(4) "director" means the director of the employment security division and employees of the division who act as the director's agents;

(5) "interested party" means

(A) the claimant for unemployment insurance benefits;

(B) an employing unit, if the determination or the appeal relates to a claimant's separation from that employing unit, or the liability of the employing unit for contributions or reimbursements;

(D) any other person who, upon written application to the department, is found by the department to have an interest in the determination or in an appeal arising from the determination;

(6) "real property" means land or improvements on it, such as buildings or other inherently permanent structures, including items which are structural components of the buildings or structures; in addition, "real property" includes an interest in real property; the term does not include accessories to the operation of the business, which are not structural components of the building, such as: machinery, printing press, transportation equipment, office equipment, refrigerators, individual air-conditioning units, grocery counters, or furnishings;

(7) "additional claim" means a notice of unemployment filed during a benefit year or other eligibility period after an interruption, with intervening employment, in the filing of continued claims;

(8) "compensable claim" means a continued claim for which a money benefit is payable or has been paid, or for which a credit against an overpayment is allowable or has been allowed;

(9) "continued claim" means a claim for waiting week credit or payment of benefits for a week;

(10) "initial claim" means a new claim, an additional claim, or a reopened claim;

(11) "intrastate claimant" means a claimant filing from within a state against potential benefit amounts held by that state;

(12) "monetary determination" means an initial determination issued to a claimant in the form of a written notice which lists his base period employers and wages and advises him of the benefit amount potentially payable to him. If the claimant is determined monetarily eligible, the monetary determination establishes his benefit year, his weekly benefit amount, amount of dependents allowance, duration, and maximum potential benefit amount;

(13) "new claim" means a notice of unemployment and a request for a monetary determination;

(14) "nonmonetary determination" means a written notice issued to the claimant and other interested parties which advises the parties of the claimant's eligibility with respect to acts or circumstances which are potentially disqualifying under the provisions of AS 23.20.360 - 23.20.387, 23.20.505, and this chapter;

(15) "partially unemployed individual" means an individual who is working less than the individual's customary full-time hours for his or her regular employer and whose wages from that employer during a particular week are less than one and one-third times the individual's weekly benefit amount, excluding the allowance for dependents, plus $50;

(16) "reopened claim" means a notice of unemployment filed during a benefit year or other eligibility period after an interruption, without intervening employment, in the filing of continued claims;

(17) "transient claim" means a continued claim filed by a claimant who is traveling away from the area in which he normally resides and files his claims, and who is temporarily in the area of the employment office which he visits to file a continued claim;

(18) "transitional claim" means a new claim that requests establishment of a new benefit year

(A) with an effective date within seven days following the end of a previous benefit year and following a week for which waiting week credit or benefits were claimed; or

(B) during a continuous series of continued claims for extended benefits following the end of a previous benefit year;

(19) "week" means a period of seven consecutive days beginning at 12:00 a.m. Sunday and ending at 11:59 p.m. the following Saturday;

(20) "discharge" means a separation from work in which the employer takes the action which results in the separation and the worker does not have the choice of remaining in employment;

(21) "excess contribution" is a refund payable to an employee under AS 23.20.165(e) and an employer under AS 23.20.225(a);

(22) "vocational training or retraining course" has the meaning given that term in AS 23.20.520; "vocational training or retraining course" includes remedial, basic skills, or literacy training that is a prerequisite to occupational-specific training or necessary for success in work search or general work performance;

(23) "department" means the Department of Labor and Workforce Development.

(b) For the purposes of AS 23.20.381(i), "vacation period or holiday recess" means a period of time in which students are not in attendance at the educational institution.

(c) Unless the context requires otherwise, as used in this chapter and AS 23.20, "proceeding" means an administrative or judicial proceeding related to a determination of an individual's eligibility for unemployment insurance benefits and does not include administrative activity of the department to collect covered unemployment insurance debt.

History

Authority: AS 23.20.045; AS 23.20.381; AS 23.20.520 AS 23.20.330; AS 23.20.400
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 1/7/78, Register 65; am 12/5/79, Register 72; am 11/7/80, Register 76; am 3/24/85, Register 93; am 4/11/90, Register 114; am 10/11/95, Register 136; am 11/7/2001, Register 160; am 3/25/2007, Register 181; am 6/27/2014, Register 210; am 3/30/2016, Register 217

8 AAC 85.015 Determination of an employing unit as an employer {#sec-8-aac-85.015 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.015}

(a) In determining whether service by an individual constitutes employment by a particular employing unit, the individual will be considered an employee of that employing unit if

(1) the employing unit is the direct beneficiary of services performed by one or more individuals receiving remuneration;

(2) remunerated services performed by one or more individuals are within the usual course and places of the employing unit's business; or

(3) the employing unit exercises or has the right to exercise direction and control over the day-to-day duties of one or more individuals performing services for which they receive remuneration.

(b) Notwithstanding (a) of this section, a motion picture project employer is an employing unit if remuneration paid to a motion picture project worker by a motion picture project employer during a calendar year is treated as remuneration for services performed by the motion picture project worker for the motion picture project employer during the calendar year. In this subsection,

(1) "motion picture project employer" means any entity that

(A) directly or through affiliates

(i) is a party to a written contract covering the services of a motion picture project worker with respect to motion picture projects in the course of a client's trade or business;

(ii) is contractually obligated to pay remuneration to a motion picture project worker without regard to payment or reimbursement by any other person;

(iii) controls the payment, within the meaning of 26 U.S.C. 3401(d)(1), of remuneration to a motion picture project worker and pays the remuneration from its own account or accounts;

(iv) is a signatory to one or more collective bargaining agreements with a labor organization, as defined in 29 U.S.C. 152(5), that represents motion picture project workers, and;

(v) has treated substantially all motion picture project workers that the entity pays as employees and not as independent contractors during that calendar year for purposes of determining employment taxes under this subtitle, and;

(B) in the calendar year pays at least 80 percent of all remuneration paid by the entity to motion picture project workers.

(2) "motion picture project worker" means an individual who provides services on motion picture projects for clients who are not affiliated with the motion picture project employer;

(3) "motion picture project" means

(A) the production of any property including a theatrical motion picture, a television production, a television commercial, or a music video;

(B) does not include property with respect to which records are required to be maintained under 18 U.S.C. 2257;

(4) "affiliate" means a person who is an affiliate of, or affiliated with, another person if the persons are treated as a single employer under 26 U.S.C. 414(b) or (c).

History

Authority: AS 23.20.045; AS 23.20.165 AS 23.20.080; AS 23.20.315
Eff. 6/27/2014, Register 210; am 4/20/2018, Register 226

8 AAC 85.020 Records and reports {#sec-8-aac-85.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.020}

(a) An employing unit shall register with the department using one of the following methods:

(1) electronically in a format specified by the director; this method is the division's preferred and primary method for filing contribution reports;

(2) telephone;

(3) mail on a form provided by the director.

(b) An employer shall establish, maintain, and preserve employment records for at least five years. For each individual performing covered employment, the records must contain the individual's

(1) beginning and ending dates for each pay period;

(2) total wages paid in each pay period;

(3) name and social security number;

(4) wage rate, method of wage computation, hours of work, and wages paid in each pay period, showing separately

(A) money wages;

(B) cash value of remuneration in a medium other than cash; and

(5) dates of hire and return to work after layoff; and

(6) date and cause of each suspension or termination of work.

(c) An employer shall file a quarterly contribution report and wage schedule with the director on forms provided by the department or electronically in a format specified by the director. The report must be filed on or before the last day of the month following each calendar quarter. If an employer ceases business, the report must be filed within 10 days after the date the employer ceases business. For each individual performing covered employment during the calendar quarter for which the report has been filed, the report must contain

(1) the individual's

(A) name and social security number;

(B) total reportable wages paid during the calendar quarter;

(D) total contributions due on wages paid during the calendar quarter; and

(2) additional labor market information, if required by 42 U.S.C. 1320b-7.

(d) An employer shall use the Internet to submit a report required under (c) of this section, if the report lists 50 or more individuals in covered employment in any calendar quarter during the calendar year, or $1 million or more in taxable wages in the current or preceding calendar year. If an agent reporting on behalf of an employer submits reports required under (c) of this section, that agent shall use the Internet to submit the reports. An employer, or the employer's agent, subject to the requirements of this subsection may request a waiver from the director. A waiver is valid for six months, unless the employer or the employer's agent requests and is granted an extension under this subsection. To obtain a waiver, or to extend a waiver beyond six months, the employer, or the employer's agent, must make a written request that establishes, to the director's satisfaction, that

(1) the employer or the employer's agent lacks a readily accessible means or the capability to provide the report using the Internet;

(2) acquiring the means or capability to provide the report using the Internet would impose a severe economic hardship on the employer or the employer's agent; or

(3) circumstances beyond the control of the employer or the employer's agent prevent compliance with the requirements of this subsection.

(e) An employer or the employer's agent, not required under (d) of this section to use the Internet to submit a report, may voluntarily use the Internet to submit the report required under (c) of this section.

(f) Repealed 3/25/2007.

(g) If an individual files an initial claim for benefits under AS 23.20 and this chapter, the director shall notify the claimant's most recent employer of the claim. If the director requests information from the employer about the claimant's work separation and final wages, the employer shall provide that information within 48 hours after the director requests it.

(h) The director shall audit selected claims to determine if benefits were properly paid under AS 23.20 and this chapter. An employer shall provide information about a claimant on audit forms provided by the director. The employer shall submit proof of work and wages upon request by the director. The information required on the audit form includes

(1) the employee's hours and days of work for the period covered by the audit;

(2) the employee's wage rate and weekly wages;

(3) the dates of employment and reason for work termination; and

(4) other information necessary to determine if benefits were properly paid under AS 23.20 and this chapter.

(i) An employer shall immediately report in writing to the director or the nearest office of the division if the employer stops or curtails work because of a labor dispute. The employer shall furnish written information during or after the labor dispute upon request by the director. The required information includes

(1) the beginning and ending dates of the labor dispute;

(2) the dates and severity of the curtailment or stoppage of work;

(3) the number and identity of employees affected by the labor dispute;

(4) the reasons for the labor dispute;

(5) information about picket lines and related activity of labor dispute participants; and

(6) other information necessary to determine the eligibility for benefits of employees involved in the labor dispute.

(j) An employer shall make available for inspection by the department, upon request, all accounting, cash, payroll, and tax records of the employer, including personal tax records of an officer, partner, proprietor, limited liability company member, or any other person considered an employer with the duty to pay under AS 23.20.240(f).

(k) In this section, "reportable wages" means total wages reported by the employer to the department under AS 23.20.

History

Authority: AS 23.20.045; AS 23.20.165; AS 23.20.340 AS 23.20.105; AS 23.20.330; AS 23.20.383
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 1/7/78, Register 65; am 12/5/79, Register 72; am 4/28/95, Register 134; am 5/3/2002, Register 162; am 3/4/2006, Register 177; am 3/25/2007, Register 181; am 12/5/2009, Register 192; am 6/27/2014, Register 210; am 3/30/2016, Register 217

8 AAC 85.030 Contributions and payment {#sec-8-aac-85.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.030}

(a) Contributions by employers and employees become due as a tax liability is accrued. A tax liability begins accruing on the day the employer pays wages as defined in AS 23.20.530. Contributions shall be paid to the department for each calendar quarter on or before the last day of that month which follows the calendar quarter for which contributions have accrued. Each quarterly payment shall include employer and employee contributions with respect to wages paid during the calendar quarter.

(b) Reporting of remuneration in excess of the tax base is required as follows:

(1) all covered wages paid by an employer to an employee during a calendar year must be reported to the division on the quarterly contribution report and wage schedule, and any covered wages paid in excess of the tax base during one calendar year must be segregated from the total wages reported for contribution payment purposes each quarter;

(2) if an employer pays wages to an employee for service performed in another state and the wages were subject to tax under that state's unemployment compensation law, and later the employee is transferred to Alaska and continues his employment with the employer in Alaska, the taxable wages paid in the other state must be credited to the employer and combined with the wages paid in Alaska during the same calendar year in arriving at the tax base limitation;

(3) if an entire organization, trade, or business of an employer, or a distinct portion of it is acquired, the remuneration paid to an employee by the predecessor in the calendar year in which acquisition occurs will be combined with remuneration paid to the employee by the successor in the same calendar year to determine the tax base limitation.

(c) The first contribution payment shall be paid on or before the last day of the month following the calendar quarter in which an employing unit becomes an employer.

(d) An employer subject to AS 23.20 shall

(1) file the regular quarterly contribution report with the division even if contributions have not accrued with respect to a particular quarter; and

(2) for that quarter, indicate on the report that wages were not paid during the quarter.

(e) Upon written application filed by an employer by the date on which a contribution report and wage schedule or a contribution payment is due, the director may, for good cause, extend the time for filing the report or paying the contributions. If an extension for paying contributions or submitting a wage schedule is granted by the director, a penalty will not be assessed against the employer during the period of extension. However, interest will accrue on the unpaid contributions at the rate prescribed in AS 23.20.185.

(f) Repealed 3/4/2006.

(g) An employer shall file a contribution report and wage schedule required under AS 23.20.190 on or before the same date on which a contribution is due under AS 23.20.165 and (a) of this section. The department will assess a penalty in accordance with AS 23.20.190 for failure to file the report on the date it is due, unless the employer establishes a reasonable cause for the failure. Reasonable cause may include one or more of the following:

(1) the report was mailed to the department in sufficient time to reach the department on or before the date the report was due, but

(A) was addressed or delivered to the wrong state or federal agency; or

(B) through no fault of the employer, the department did not receive the report on or before the due date;

(2) the due date falls on a Saturday, Sunday, or state holiday, and the department receives the report on the next state working day;

(3) the failure to file the report on or before the due date is directly attributable to the erroneous information that the department gave the employer;

(4) the failure to file the report on or before the due date was caused by the death or serious illness of the employer or a member of the employer's immediate family, or by the death or serious illness of the individual in the employer's business responsible for the preparation and filing of the report; if the employer is a corporation, or if a fiduciary files the report, the death or serious illness must be of the individual having sole authority to execute or sign the report, or of a member of that individual's immediate family; the employer shall furnish proof of the death or serious illness upon request by the director;

(5) the failure to file the report on or before the due date was caused by the unexpected and unavoidable absence of the employer from the place of business during the time in which the report is routinely prepared and filed; if the employer is a corporation, or if a fiduciary files the report, the absence must be of the individual having sole authority to execute or sign the report; the employer shall furnish proof of the reason for the unexpected or unavoidable absence upon request by the director;

(6) the failure to file the report on or before the due date was due to the destruction of the employer's place of business or business records by fire or other natural disaster;

(7) the failure to file the report on or before the due date was caused by failure of the department to furnish the employer with a means of filing a timely application;

(8) the employ is liable under AS 23.20 for the first time, the failure to file the report on or before the due date was due to the employer's lack of knowledge of the reporting requirements under AS 23.20 and this chapter, and the department does not find evidence that the employer's failure was due to a willful intent to violate AS 23.20 or this chapter.

(h) An employer shall furnish a statement to each employee showing deductions made from the employee's wages for employee contributions. The employer shall give the employee the statement within 30 days after the end of the calendar year for which the deductions were made, or within 30 days after the termination of the employee's service, whichever is earlier. The statement must contain the

(1) employer's name, address, and identification number, exactly as they appear on the employer's contribution report;

(2) employee's name and social security number;

(3) gross wages paid to the employee during the year; and

(4) amount of employee contributions deducted.

History

Authority: AS 23.20.045; AS 23.20.165; AS 23.20.190
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 11/5/74, Register 52; am 11/7/80, Register 76; am 4/28/95, Register 134; am 5/23/2003, Register 166; am 3/4/2006, Register 177; am 6/27/2014, Register 210

8 AAC 85.040 Issuance of checks and warrants {#sec-8-aac-85.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.040}

Repealed 11/7/80.

8 AAC 85.041 Issuance of monetary disbursements {#sec-8-aac-85.041 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.041}

(a) The division's primary method of monetary disbursement is through electronic fund transfers. The director may approve a monetary disbursement by check or benefit warrant.

(b) A disbursement issued on the benefit account must bear the facsimile signatures of the commissioner of administration and either the commissioner, the commissioner's designee, or the director.

(c) The director shall maintain separate registers of all checks, warrants, and electronic fund transfers issued. Each register must include the following information:

(1) name, social security account number, disbursement number, date of issue, amount of the disbursement, and fund designation for each payment to each beneficiary;

(2) total number and value of disbursements issued daily, segregated by the types of funds drawn against;

(3) the number of each disbursement voided before release;

(4) any other information that the director determines will provide accounting control on the disbursements issued.

(d) As soon as practicable after the close of each calendar month, the division will prepare a register of disbursements cancelled during that calendar month. The register must contain all the information required in (c) of this section and must show the total value of disbursements cancelled, segregated as to funds.

(e) A disbursement issued on the clearing account to pay an employer or employee refund must bear a facsimile signature of the commissioner of administration and either the commissioner, the commissioner's designee, or the director. A disbursement must be supported by a properly executed document that contains the basis for the claim, the amount due, and any other information the director may require to validate the claim. A claim for refund may be initiated only on a form issued by the director. The director shall maintain a register of all refund disbursements issued. The register must include the following information:

(1) employer account number or employee social security account number, employer or employee name and address, and disbursement amount and date;

(2) total number and value of disbursements issued daily with subtotals for employer and employee refunds;

(3) the number of each disbursement voided before release;

(4) any other information that the director determines will provide accounting control for disbursements issued.

(f) A disbursement issued on the clearing account that is payable to a bank designated by the commissioner to transfer funds to the unemployment trust fund account must be made by wire transfer through the Federal Reserve, with the approval of the commissioner of revenue or the commissioner of revenue's designee. The director shall maintain a register of all disbursements issued. The register must include the

(1) transfer number, disbursement number, disbursement amount and date; and

(2) number of each disbursement voided before release.

History

Authority: AS 23.20.045; AS 23.20.145 AS 23.20.135; AS 23.20.165
Eff. 11/7/80, Register 76; am 3/25/2007, Register 181

8 AAC 85.050 Withdrawals from trust fund {#sec-8-aac-85.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.050}

The commissioner and any other employees he designates shall have the power and authority to requisition necessary amounts from the state's account in the unemployment trust fund deposited with the Secretary of the Treasury of the United States of America in accordance with section 904(f) of the Social Security Act, 42 U.S.C. 1104(f), as amended. This requisition must be in even thousands of dollars and must specify the bank and account to which payment will be made.

History

Authority: AS 23.20.045; AS 23.20.145
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 12/5/79, Register 72

8 AAC 85.060 Posting of notices by employers {#sec-8-aac-85.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.060}

(a) An employer subject to AS 23.20 shall post and maintain printed notices to individuals in the employer's employ informing them that they are covered under the provisions of AS 23.20. The printed notices must include information regarding employees' rights to benefits and must include instructions for registering for work and filing a claim for benefits. The employer shall post and maintain the printed notices in conspicuous places where personal services are performed and where they can be viewed by all employees. These notices shall be made available to each employee by each person or entity for whom personal services are performed so an employee entitled to benefits is informed of the employee's rights to benefits and the means of attaining them.

(b) A person or entity to whom the director has not assigned an unemployment insurance account number or who has ceased to be an employer under AS 23.20 may not post or maintain a notice described in (a) of this section.

(c) Each employer shall issue to every separated employee, as soon as practicable, but not to exceed seven days from the last day the employee performed compensable work, written information furnished or approved by the division regarding unemployment insurance benefits. Written information must include instructions on how to file a claim for unemployment insurance benefits and the division contact information for filing an unemployment insurance claim. Information is considered issued when an employer provides the information to the employee in person, by mail to the employee's last known address, or by email, if correspondence in this form was previously authorized by the employee.

History

Authority: AS 23.20.045; AS 23.20.335
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 6/27/2014, Register 210; am 4/6/2020, Register 234

8 AAC 85.070 "Week" defined {#sec-8-aac-85.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.070}

Repealed 11/7/80.

8 AAC 85.075 Monetary determinations {#sec-8-aac-85.075 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.075}

(a) If the wages in the base period of an individual are not paid at least once a calendar month, the wages will be allocated in equal proportion to all weeks during which the services were actually performed.

(b) Extension of the base period of an individual will be made according to the following standards:

(1) An individual will be considered incapable of work during the greater part of his working time in a calendar quarter if he was unable to work for at least seven weeks during the calendar quarter because of an incapacitating illness or injury.

(2) A medical certification, signed by a physician, will be required as evidence of incapacity.

(3) The extension of the base period may not exceed one calendar quarter for each calendar quarter of incapacity, and in no case will the extension exceed the 12-month period immediately before the base period.

(4) The first quarter immediately before the base period will be the first to be included in the extension, with the next preceding quarters included in regular regression for each quarter of incapacity. However, if the individual was incapacitated for the greater part of a quarter to be included in the extension, that quarter will be omitted and the next preceding quarter used if this action will benefit the individual. A quarter may not be omitted for any other reason.

(5) Wages earned in a quarter included in the extension of the base period will be added to any wages earned in the corresponding quarter of incapacity in the regular base period.

(6) To compute the reduction in maximum benefits payable under the current determination as a result of the reuse of wages on which benefits were paid under an earlier determination, the following method will be used:

(A) divide the amount of wages reused in the current determination by the total amount of base period wages used in the earlier determination;

(B) multiply the quotient determined under (A) of this paragraph by the amount of benefits paid on the earlier determination; and

(C) subtract the dollar amount, ignoring cents, determined under (B) of this paragraph from the maximum benefits payable under the current determination.

(d) The following standards will be used to determine the allowance for dependents payable to an individual:

(1) Repealed 4/28/95;

(2) Repealed 4/11/90;

(3) Repealed 4/28/95;

(4) An additional allowance for a dependent acquired by birth or adoption during the benefit year will be paid beginning with the week in which an individual claims the additional dependent, if the total allowance for dependents does not exceed $72 for each week of unemployment;

(5) If an individual claims a dependent who is not lawfully in the individual's physical custody, the director may require the individual to provide a notarized statement from the custodial parent or legal guardian or other evidence that clearly demonstrates that the individual claiming the allowance provides or, for the 12 months before the request for the dependent's allowance or since the loss of custody, whichever is less, has provided more than 50 percent of the support of that dependent;

(6) A child is "lawfully in an individual's physical custody" if

(A) the child is residing with the individual when the claim for the dependent's allowance is filed; and

(B) the individual has either sole or joint legal custody of the child;

(7) As used in AS 23.20.350(g)(1), "legal ward" means a dependent who has been placed in the custody of an individual by court order.

(e) A claimant's monetary determination will be redetermined under the following conditions:

(1) a redetermination will be made upon a claimant protest if the protest is made within 30 days from the date the monetary determination was mailed or otherwise delivered to the claimant, except that this period may be extended upon a showing that the protest was delayed as a result of circumstances beyond the claimant's control;

(2) a redetermination will be made upon a protest filed after the period determined in (1) of this subsection only if the protest is made within one year from the date of the initial determination and concerns a possible error in computation or identity, including omission of dependents allowance that has been properly and timely claimed, a possible omission of wages or other pertinent facts, misrepresentation or nondisclosure of a material fact, misapplication of law by the division, or the addition of an allowance for a dependent acquired by birth or adoption during the benefit year;

(3) a notice of redetermination will be promptly issued after investigation of all pertinent facts and will either affirm or amend the original determination on the basis of those facts;

(4) if the protest is taken from a previous redetermination that was the result of a claimant protest, or is taken from an original determination for which a redetermination may not be issued under (1) or (2) of this subsection, the protest will be considered an appeal to a referee; if the protest is taken from a previous redetermination that was the result of department action, other than a claimant protest, the request will be considered a protest that will result in a redetermination as provided in (3) of this subsection.

(f) A claimant's monetary determination, and the benefit year established by that determination, will be cancelled at the claimant's request only if:

(1) within the benefit year, the request for cancellation is made in writing, or is made by telephone to the division;

(2) the claimant repays to the division all benefits that have been paid under the determination and that cannot be charged against a new eligible benefit year;

(3) the claimant has terminated any voluntary quit, discharge for misconduct, or refusal of work disqualification by returning to work under the conditions described in AS 23.20.379(d) and 8 AAC 85.095(a); and

(4) the claimant has terminated any disqualification for false statement or misrepresentation under the conditions described in AS 23.20.387(a).

(g) Regular benefits determined under AS 23.20.340 - 23.20.350 are not payable for a week of unemployment beginning after the end of the benefit year.

History

Authority: AS 23.20.045; AS 23.20.340; AS 23.20.376 AS 23.20.330; AS 23.20.350; AS 23.20.530
Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 3/24/85, Register 93; am 4/11/90, Register 114; am 4/28/95, Register 134; am 10/12/97, Register 144; am 11/7/2001, Register 160; am 7/19/2019, Register 231

8 AAC 85.080 Waiting period requirements {#sec-8-aac-85.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.080}

Repealed 11/7/80.

8 AAC 85.085 Nonmonetary determinations {#sec-8-aac-85.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.085}

The division will issue determinations of eligibility concerning acts or circumstances which may disqualify a claimant under AS 23.20.360 - 23.20.387, 23.20.505, and this chapter in accordance with the following procedures:

(1) An examiner designated by the director will obtain all information necessary to make the determination.

(2) Each interested party, as defined in this chapter, will be given notice that an issue of eligibility exists, and will be allowed a reasonable period of time to provide information requested by the division or to submit relevant information of his own.

(3) If information is required from a claimant regarding a specific issue of eligibility, the division will

(A) advise the claimant of the nature of the issue;

(B) inform the claimant that an eligibility determination must be made;

(D) advise the claimant that, if the claimant is unable for good cause to report to an office of the division for an interview, the claimant may respond by

(i) telephone;

(ii) mail; or

(iii) electronic means, if available from the division.

(4) Before a determination is issued, each interested party will be provided an opportunity to answer any information adverse to his interests which has been obtained from another interested party or from any other source.

(5) The determination, and the reasons for it, will be issued in writing by the examiner to each interested party.

(6) A written redetermination will be issued under AS 23.20.340(b) at any time within one year after the date of the initial determination made under AS 23.20.340(a) if additional information from any source shows the original determination to be in error. However, a redetermination will not be issued until each interested party is given an opportunity to answer any additional information that is adverse to the party's interests.

History

Authority: AS 23.20.045; AS 23.20.340
Eff. 11/7/80, Register 76; am 10/12/97, Register 144; am 3/4/2006, Register 177

8 AAC 85.090 Allocation of remuneration to specific period {#sec-8-aac-85.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.090}

Repealed 11/8/80.

8 AAC 85.095 Voluntary quit, discharge for misconduct, and refusal of work {#sec-8-aac-85.095 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.095}

(a) A disqualification under AS 23.20.379(a) and (b) remains in effect for six consecutive weeks or until terminated under the conditions of AS 23.20.379(d), whichever is less. The disqualification will be terminated immediately following the end of the week in which a claimant has earned, for all employment during the disqualification period, at least eight times his weekly benefit amount, excluding any allowance for dependents. The termination of the disqualification period will not restore benefits denied for weeks ending before the termination. The termination does not restore a reduction in maximum potential benefits made under AS 23.20.379(c).

(b) The maximum potential benefits to which a claimant disqualified under AS 23.20.379(a) and (b) would have been entitled will be reduced under AS 23.20.379(c), even if no continued claim has been filed for a week within the disqualification period.

(c) To determine the existence of good cause under AS 23.20.379(a)(1) for voluntarily leaving work determined to be suitable under AS 23.20.385, the department will consider only the following factors:

(1) leaving work due to a disability or illness of the claimant that makes it impossible for the claimant to perform the duties required by the work, if the claimant has no other reasonable alternative but to leave work;

(2) leaving work to care for an immediate family member who has a disability or illness;

(3) leaving work due to safety or other working conditions or an employment agreement related directly to the work, if the claimant has no other reasonable alternative but to leave work;

(4) leaving work to accompany or join a spouse at a change of location, if commuting from the new location to the claimant's work is impractical; for purposes of this paragraph, the change of location must be as a result of the spouse's

(A) discharge from military service; or

(B) employment;

(5) leaving unskilled work to attend a vocational training or retraining course approved by the director under AS 23.20.382, only if the individual enters the course immediately upon separating from work;

(6) leaving work in order to protect the claimant or the claimant's immediate family members from harassment or violence;

(7) leaving work to accept a bona fide offer of work that offers better wages, benefits, hours, or other working conditions; if the new work does not materialize, the reason for the work not materializing must not be due to the fault of the worker;

(8) other factors listed in AS 23.20.385(b).

(d) "Misconduct connected with the insured worker's work" as used in AS 23.20.379(a)(2) means

(1) a claimant's conduct on the job, if the conduct shows a wilful and wanton disregard of the employer's interest, as a claimant might show, for example, through gross or repeated negligence, wilful violation of reasonable work rules, or deliberate violation or disregard of standards of behavior that the employer has the right to expect of an employee; wilful and wanton disregard of the employer's interest does not arise solely from inefficiency, unsatisfactory performance as the result of inability or incapacity, inadvertence, ordinary negligence in isolated instances, or good faith errors in judgment or discretion; or

(2) a claimant's conduct off the job, if the conduct

(A) shows a wilful and wanton disregard of the employer's interest; and

(B) either

(i) has a direct and adverse impact on the employer's interest; or

(ii) makes the claimant unfit to perform an essential task of the job.

(e) A discharge for an act that constitutes commission of a felony or theft will result in a disqualification for benefits under AS 23.20.379(e) if

(1) charges are filed against the claimant or the employer has reported the act to the appropriate law enforcement authority;

(2) the felony or theft is "misconduct connected with the insured worker's work" under (d) of this section; and

(3) a preponderance of the evidence establishes that

(A) the claimant committed the act; and

(B) the act was not justified under AS 11.81.300 - 11.81.450.

(f) An acquittal, plea to a lesser charge, or dismissal of charges does not prevent a disqualification for benefits under (e) of this section, if a preponderance of evidence supports that disqualification.

(g) For purposes of this section

(1) "felony" means an act classified as a felony in AS 11;

(2) "theft" means an act described in AS 11.46.100, if the value of the property or service is $50 or more;

(3) "disability or illness" means a disability or illness that necessitates care for the disabled or ill person for a period of time longer than the employer is willing to grant leave, paid or otherwise;

(4) "immediate family member" means a person who is related to the claimant by blood, marriage, or adoption as a parent, child, spouse, brother, sister, grandparent, or grandchild.

(h) A claimant's last work, for the purposes of determining a claimant's last suitable work under AS 23.20.379, will be determined under the following standards:

(1) the last work is a claimant's most recent permanent, temporary, full time, or part-time work, in which the claimant performed services and received wages under a written, oral, or implied contract of hire, preceding an initial claim for benefits;

(2) if a claimant separates from two or more working relationships in a calendar week while filing continued claims, the last work is the last working relationship held in that week;

(3) temporary on-call work is a claimant's last work only if the on-call working relationship is terminated before the initial claim for benefits;

(4) a claimant's last work does not include

(A) unpaid training periods;

(B) work performed in a correctional facility by a prisoner;

(D) inactive military service;

(E) self-employment; or

(F) short-term, casual, or temporary work taken to avoid disqualification under AS 23.20.379 for an earlier work separation.

History

Authority: AS 23.20.045; AS 23.20.379; AS 23.20.385
Eff. 11/7/80, Register 76; am 4/11/90, Register 114; am 4/28/95, Register 134; am 10/12/97, Register 144; am 11/1/2009, Register 192; am 4/24/2010, Register 194

8 AAC 85.100 Intrastate claims filing: initial claims {#sec-8-aac-85.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.100}

(a) Intrastate initial claims, including new claims, transitional claims, additional claims, and reopened claims, as defined in this chapter, must be filed in accordance with the standards set out in this section. A claimant is not eligible for waiting week credit or benefits for any week before the week in which the initial claim is effective under this section.

(b) A claimant shall file an initial claim with an unemployment insurance claim center of the division by

(1) electronic means using an Internet application for benefits, which is the division's preferred and primary method for filing an initial claim; or

(2) telephone.

(1) files the claim; or

(2) requests to file a claim during regular business hours of the division, if the claim cannot be immediately accepted and the claimant files the claim within five business days after the date of that request.

(d) Repealed 3/30/2016.

(e) Repealed 3/25/2007.

(f) A claimant who is in continued claim status at the end of a benefit year must file a new claim to begin a new benefit year. An extended benefit claimant who is in continued claim status at the end of the benefit year, or at the end of any quarter following the benefit year, must file a new claim to determine eligibility for regular benefits in a new benefit year. The director will send a notice of the requirement to file a new claim to the claimant at least two weeks before the end of the benefit year or the end of the applicable calendar quarter.

(g) A transitional claim, or any new claim filed during a series of continued claims after the end of a benefit year, is effective on Sunday of the week immediately following the end of the benefit year or the applicable calendar quarter, if the claim is filed no later than seven calendar days after the end of the benefit year or applicable calendar quarter. The director shall extend the time allowed for filing the claim if the failure to file the claim earlier was caused by an oversight or error of the division.

(h) A claimant shall file an additional claim to begin a new series of continued claims in a benefit year if the claimant had intervening work and

(1) stopped filing continued claims; or

(2) earned wages for a week greater than one and one-third times the weekly benefit amount plus $50.

(i) An claimant filing an additional claim shall provide

(1) the name and address of the claimant's last employer;

(2) the dates of employment; and

(3) the reason for separation from that employer.

(j) A claimant who stopped filing continued claims for a reason other than work shall file a reopened claim to begin a new series of continued claims in the same benefit year. A claimant filing a reopened claim shall provide the reason why the claimant stopped filing continued claims.

History

Authority: AS 23.20.045; AS 23.20.375 AS 23.20.330; AS 23.20.520
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 3/30/79, Register 69; am 12/5/79, Register 72; am 11/7/80, Register 76; am 3/27/82, Register 81; am 4/11/90, Register 114; am 4/28/95, Register 134; am 10/12/97, Register 144; am 11/7/2001, Register 160; am 3/4/2006, Register 177; am 3/25/2007, Register 181; am 3/30/2016, Register 217

8 AAC 85.102 Intrastate claims filing: continued claims {#sec-8-aac-85.102 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.102}

(a) An intrastate claimant located in this state is eligible for waiting week credit or benefits for a week if the claimant

(1) files a continued claim for the week as required in this section; and

(2) meets all requirements of AS 23.20 and this chapter.

(b) A claimant shall file a continued claim with an unemployment insurance claim center of the division by

(1) an electronic means designated by the director;

(2) telephone; or

(3) mail, with the prior approval of the director.

(c) A continued claim for a week is filed when an unemployment insurance claim center of the division receives a certification for a continued claim.

(d) The filing date of a continued claim filed by mail is the postmark date of the mailing of the completed claim form.

(e) The date of filing of a continued claim filed by telephone is the date that the claimant accesses the telephone filing system and provides claim information for the week using the claimant's personal identification number.

(f) For each week claimed, the claimant shall answer specific eligibility questions and shall certify to the truthfulness and completeness of the answers.

(g) A continued claim for a week may not be filed before the end of the week claimed. A continued claim may not be filed later than seven calendar days after the end of the week claimed, except that

(1) if the director authorizes the filing of bi-weekly claims, the claim may not be filed later than seven days after the end of the bi-weekly period authorized by the director;

(2) a claim for benefits for a week of partial unemployment may not be filed later than seven days after the claimant receives wages for that week.

(h) The director shall extend the time allowed in (g) of this section for filing a continued claim if the claimant has good cause for filing a late claim and the claimant files the claim as soon as possible under the circumstances.

(i) For the purposes of (h) of this section, "good cause" means circumstances beyond a claimant's control that the division determines leave the claimant with no reasonable choice but to delay filing the claim; "good cause" includes illness or disability of the claimant, processing delays within the division, or failure of the division to provide sufficient or correct information to the claimant in order to file a continued claim.

History

Authority: AS 23.20.045; AS 23.20.330; AS 23.20.375
Eff. 10/12/97, Register 144; am 3/4/2006, Register 177; am 3/25/2007, Register 181; am 6/16/2010, Register 194; am 7/1/2011, Register 198

8 AAC 85.104 Claims filing: claimant responsibilities {#sec-8-aac-85.104 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.104}

(a) A claimant shall provide the division with timely, accurate, and complete information to determine or reexamine the claimant's eligibility for any claim under this chapter. The claimant shall provide information on eligibility

(1) when filing an initial claim;

(2) when requested by the division in order to evaluate a series of continued claims;

(3) in response to a claim audit conducted by the division or its representative; or

(4) when moving to a new location.

(b) The division will not allow benefits or waiting week credit for a week if the claimant has refused to provide the division with timely, accurate, and complete information on which to base a determination of eligibility.

(c) The division will treat information provided by a claimant on a telephone claim using the claimant's personal identification number with the same status as if the claimant provided the information on a complete claim form.

History

Authority: AS 23.20.045; AS 23.20.330; AS 23.20.375
Eff. 10/12/97, Register 144; am 6/27/2014, Register 210

8 AAC 85.106 Intrastate claims filing: exceptions to filing requirements {#sec-8-aac-85.106 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.106}

(a) If filing a claim as provided in this chapter imposes a hardship on a claimant because of circumstances beyond the claimant's control, the claimant may apply in writing to the director for an exception to the procedural requirements of this chapter. Upon a finding that hardship exists, the director shall permit the claimant to file claims in another manner that assures timely, accurate, and complete claim information.

(b) The director may make exceptions to claim filing procedures for a claimant or group of claimants if necessary to ensure timely, accurate, and complete filing of claims. The director may assign a claimant to a new employment office or claim center for filing if the claimant refuses to comply with the instructions of an employment office or claim center.

History

Authority: AS 23.20.045; AS 23.20.330; AS 23.20.375
Eff. 10/12/97, Register 144

8 AAC 85.110 Payment of benefits to interstate claimant {#sec-8-aac-85.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.110}

(a) The provisions of this section govern the division in administrative reciprocal cooperation under AS 23.20.085 with those other states that have adopted a similar regulation for the payment of benefits to interstate claimants. A claim filed against this state by an individual located in another state must be filed according to the provisions of this section.

(b) Registration for Work. An interstate claimant shall register for work in the agent state as required by the law, regulations, and procedures of the agent state. However, a union member may satisfy this requirement by registering with the local union for the area in which the member is living. Either registration will be accepted as meeting the registration requirements of the liable state. Each agent state shall duly report to the liable state whether or not an interstate claimant meets the registration requirements of the agent state.

(c) Benefit Rights of Interstate Claimant. If a claimant files a claim against a state and it is determined by the state that the claimant has benefit credits available in the state, claims must be filed against that state, but only if benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available benefit credits. For the purposes of this subsection, benefit credits will be considered to be unavailable either whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable. If a claimant files a claim and does not have sufficient benefit credits for a regular base period, as defined in AS 23.20.520, but has sufficient benefit credits for a regular base period in another state the claimant must file with that state.

(d) Claim for Benefits. Claims for benefits or for waiting-period must be filed by an interstate claimant in accordance with the liable state's procedures. The liable state will notify the agent state of each initial claim, reopened claim, claim transferred to interstate status, and each week claimed filed from the agent state using uniform procedures and record format under the interstate benefit payment plan.

(e) Determination of Claims. The agent state shall, in connection with each claim filed by an interstate claimant, identify to the liable state any potential issues relating to the claimant's availability for work and eligibility for benefits detected by the agent state. The agent state's responsibility and authority in connection with the determination of interstate claims is limited to identification of potential issues and reporting relevant facts pertaining to the claimant's failure to register for work or report for reemployment assistance as required by the agent state.

(f) Providing Assistance to Interstate Claimant. An agent state, upon request by an interstate claimant, shall assist the individual with the understanding and filing of necessary notices and documents. The liable state shall provide interstate claimants with access to information concerning the status of the claimant's claims throughout the normal business day.

(g) Eligibility Review Program. The liable state may schedule and conduct eligibility review interviews for interstate claimants.

(h) Appellate Procedure. The liable state shall conduct hearings in connection with appealed interstate benefit claims. The liable state may contact the agent state for assistance in special circumstances. The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims when requested by the liable state. For the time limits imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant will be considered to have been made and communicated to the liable state on the date when it is received by a qualified officer of the agent state.

(i) Backdating an Interstate Initial Claim at Agent State's Request. A interstate initial claim may be backdated up to one calendar year at an agent state's request if the liable state determines that it is liable and the agent state has established good cause for the backdate.

(j) In this section,

(1) "agent state" means a state from or through which an individual files a claim for benefits from another state;

(2) "benefits" means the compensation payable to an individual, with respect to the individual's unemployment, under the unemployment insurance law of a state;

(3) "interstate benefit payment plan" means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits are paid to unemployed individuals absent from a state in which benefit credits have accumulated;

(4) "interstate claimant"

(A) means an individual who claims benefits under the unemployment insurance laws of one or more liable states through the facilities of an agent state or directly with the liable state;

(B) does not include an individual who customarily commutes from a residence in an agent state to work in a liable state unless the liable state finds that this exclusion would create an undue hardship on the claimant;

(5) "liable state" means a state against which an individual files, from or through another state, a claim for benefits;

(6) "state" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Canada.

History

Authority: AS 23.20.045; AS 23.20.330 AS 23.20.085; AS 23.20.375
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 1/7/78, Register 65; am 3/27/82, Register 81; am 10/12/97, Register 144; am 3/4/2006, Register 177; am 3/25/2007, Register 181; am 3/30/2016, Register 217; am 4/20/2018, Register 226; am 7/19/2019, Register 231

8 AAC 85.120 Payment of benefits to partially unemployed persons {#sec-8-aac-85.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.120}

Repealed 11/7/80.

8 AAC 85.130 Unemployment due to pregnancy {#sec-8-aac-85.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.130}

Repealed 8/1/74.

8 AAC 85.140 Disqualifying or deductible income {#sec-8-aac-85.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.140}

(a) A monthly payment from a pension, annuity, or similar periodic payment plan that is deductible under AS 23.20.362 will be multiplied by 12 and then divided by 52 to determine the weekly amount to be deducted.

(b) A lump sum payment for severance, termination, wages paid in place of dismissal notice, sick leave, holiday or unused vacation, or a pension or annuity will be attributed to the week in which the payment is received. Pension or annuity payments that are part of a nontaxable rollover distribution are not considered deductible income.

(d) The weekly amount determined in (a) of this section will be multiplied by the percentage of the insured worker's contribution to the pension plan. The resulting amount is attributable to contributions of the insured worker under AS 23.20.362(b) and is not deductible from benefits for the week. If the insured worker contributed to a pension paid under the Social Security Act, no part of a payment from that pension is deductible from benefits for the week.

(e) A payment is not deductible from benefits under AS 23.20.362 unless it is paid

(1) by a base period employer of the claimant; or

(2) from a fund contributed to or maintained by a base period employer of the claimant.

History

Authority: AS 23.20.045; AS 23.20.362
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 11/7/80, Register 76; am 3/27/82, Register 81; am 3/24/85, Register 93; am 4/11/90, Register 114; am 4/28/95, Register 134; am 1/18/97, Register 141; am 6/16/2010, Register 194

8 AAC 85.150 Appeals to an appeal referee {#sec-8-aac-85.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.150}

An interested party may appeal to an appeal referee from a determination or redetermination on a claim for benefits. A notice of determination must specify the appeal rights of the interested parties. The notice must clearly state the place and manner for taking an appeal from a determination and the period within which an appeal may be taken.

History

Authority: AS 23.20.045; AS 23.20.415; AS 23.20.420
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 10/29/76, Register 60; am 2/26/77, Register 61; am 1/7/78, Register 65; am 3/30/79, Register 69; am 11/7/80, Register 76

8 AAC 85.151 Filing of appeals {#sec-8-aac-85.151 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.151}

(a) An interested party may file an oral or written appeal from a determination or redetermination issued under AS 23.20 and this chapter. The appeal may be filed in person, by mail, or by telephone. An oral or written protest indicating a desire to appeal is an appeal to a referee or the commissioner.

(b) An appeal from a determination or redetermination on a claim for benefits may be filed with a referee or at any office of the division. An appeal must be filed no later than 30 days after the determination or redetermination is personally delivered to the appellant or no later than 30 days after the date the determination or redetermination is mailed to the appellant's last address of record. The 30-day time period will be computed under Rule 6 of the Rules of Civil Procedure. However, the 30-day period may be extended for a reasonable time if the appellant shows that the failure to file within this period was the result of circumstances beyond the appellant's control.

(c) The division shall notify all parties and their representatives that an appeal has been filed with the division. A written explanation of appeal procedures, rights, and responsibilities is available electronically to the public on the department's website, and shall be included with each notice of hearing sent to a party.

History

Authority: AS 23.20.045; AS 23.20.340; AS 23.20.420 AS 23.20.315; AS 23.20.415
Eff. 11/7/80, Register 76; am 3/24/85, Register 93; am 4/11/90, Register 114; am 4/28/95, Register 134; am 10/12/97, Register 144; am 6/16/2010, Register 194

8 AAC 85.152 Hearing location and time {#sec-8-aac-85.152 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.152}

(a) Hearings will be conducted in person in Juneau or Anchorage if both parties reside or do business in one of those communities. All other hearings will be conducted telephonically. However, on the motion of a party or on the appeal referee's own motion, an appeal referee may schedule any of the parties and witnesses in a case to appear either in person or by telephone as the appeal referee considers necessary to ensure a reasonable opportunity for fair hearing.

(b) The appeal referee shall mail a notice of the time, place, and type of hearing to all interested parties at least 10 days before the hearing. A party may waive the right to the notice.

History

Authority: AS 23.20.045; AS 23.20.420
Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 3/24/85, Register 93; am 10/11/95, Register 136; am 3/4/2006, Register 177

8 AAC 85.153 Hearing procedures {#sec-8-aac-85.153 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.153}

(a) Hearings will be conducted informally and in a manner which protects the rights of the parties. The referee will open the hearing by summarizing the law and the issues involved. In addition to the issues raised by the determination under appeal, the referee may hear and decide additional issues which arise during the hearing, if the parties are prepared to present these issues. Hearings are open to the public. However, upon a showing of potential damage to the property or reputation of a party or witness, the appeal referee may close portions of the hearing to the public.

(b) A party to the appeal may be represented by his counsel, representative, or other agent. If an agent charges a claimant a fee in any proceeding before an appeal referee and an issue as to the amount of the fee is raised by the claimant, the agent, or the appeal referee, the agent may receive for his services no more than an amount approved by the appeal referee in a written ruling. The ruling will be given or mailed to the claimant and the agent along with a clear statement of the right to review the commissioner according to 8 AAC 85.155. If the fee is for any proceeding before the commissioner and an issue is raised, the commissioner shall set the amount. In setting the amount of the fee, the appeal referee or the commissioner will consider the customary fee for similar services, the difficulty of the proceeding, and the amount of benefits involved in the proceeding.

(c) A witness who testifies at an appeal hearing must be sworn. A party or witness may present pertinent evidence even if the evidence is not admissible in a court. The referee will include in the record and consider as evidence all records of the division that are pertinent to the issue. Evidence presented or considered which is pertinent to the appeal is subject to examination and cross-examination by the referee and by an opposing party.

(d) The parties to an appeal, with the consent of the appeal referee, may agree in writing to the facts involved. A hearing to take additional evidence may be ordered by the appeal referee, after the notice required by 8 AAC 85.152 is given, if the facts agreed to are inadequate to determine the appeal.

(e) When the same or substantially similar evidence is material to more than one appeal, the appeal referee may consolidate the appeals in one hearing.

(1) A notice of the consolidation will be included in the notice of hearing required by 8 AAC 85.152. However, an interested party may waive his right to notice of consolidation.

(2) An interested party may demand a separate hearing by filing a demand for a separate hearing at either a local office or the central office of the division at least three days before the date set for hearing the consolidated appeal. The party will be granted a separate hearing only if the party's right to a fair hearing would be prejudiced in a consolidated hearing.

(f) A hearing may be postponed, continued or reopened on the appeal referee's own motion or at the request of an interested party. All requests must explain in detail the reasons for the request. If a party fails to appear in person or by authorized agent at a hearing, the appeal referee may reopen the hearing only if the party failed to appear because of circumstances beyond the party's control. All other requests may be granted only if there is good cause. The following rules apply to requests:

(1) A request for postponement may be either written or oral but must be received by the appeal referee before the hearing starts.

(2) A request for continuance must be made orally to the appeal referee during the hearing.

(3) A request for reopening must be made in writing to the appeal referee and must be delivered or mailed within 10 days after the scheduled date of the hearing. The 10-day period may be extended for a reasonable period on a showing that the request was delayed as a result of circumstances beyond the party's control.

(4) If a request for reopening is not allowed, the appeal referee will mail a written ruling and a statement of the right of appeal from that ruling to each party.

(5) The appeal referee will rule upon requests for continuance or postponement either orally or in writing. The rulings may be contested before the appeal referee at the hearing. If a postponement or continuance is denied, the appeal referee will make a decision on the issue under appeal, and the denial of postponement or continuance may be appealed in an appeal from the referee's decision.

(g) The appeal referee may adjourn a hearing for a reasonable period of time.

(h) If an interested party, his authorized representative, or his witness fails to make telephone contact through no fault of his own at the time of the scheduled telephone hearing, or if contact is made and one or more of the telephone contacts is broken and it is not possible to re-establish contact, then the telephone hearing will be continued and rescheduled for a later date.

(i) An appeal referee may not hear an appeal in which he has an interest. Challenges to the bias of an appeal referee will be heard and decided by the referee. A special appeal referee will be appointed to hear an appeal if a regular appeal referee is not qualified.

(j) The appeal referee or the commissioner may issue subpoenas to compel the attendance of witnesses and the production of records at any hearing on an appeal. Subpoenas requested by parties to the appeal will be issued only upon a showing of necessity. Witness, mileage, and per diem fees will be paid in accordance with AS 44.62.430.

(k) A verbatim record will be made of the testimony in each appeal hearing and will be kept by the director for at least two years after the final decision of the appeal. This is a public record and will be made available to the public in accordance with 2 AAC 96. If the commissioner reviews an appeal from an appeal referee's decision, the record of the hearing before the appeal referee will be sent to the commissioner.

(l) AS 44.62.590, relating to contempt during proceedings before an agency, applies to hearings under this chapter.

History

Authority: AS 23.20.045; AS 23.20.415; AS 23.20.465 AS 23.20.060; AS 23.20.420 AS 23.20.065; AS 23.20.425
Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 3/24/85, Register 93

8 AAC 85.154 Appeal decisions {#sec-8-aac-85.154 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.154}

(a) After the hearing, the appeal referee shall issue a written decision that states the findings of fact and the reasons for the decision. The decision of the appeal referee shall

(1) affirm, reverse, or modify the determination of the division; or

(2) remand the case to the division for further investigation and a redetermination.

(b) If the appellant does not appear for the hearing, the appeal referee may

(1) dismiss the appeal without a hearing;

(2) continue the hearing upon a finding of good cause outside of the control of the appellant;

(3) decide the merits of the appeal on the basis of the available information without a hearing; or

(4) decide the merits of the appeal after conducting a hearing with the participation of the parties who did appear.

(c) The appeal referee shall mail or deliver a copy of a decision issued under (a) or (b) of this section to all interested parties. The decision must include or be accompanied by a notice that states clearly the procedure and time period for filing an appeal from the referee's decision.

(d) A party may file an appeal to the department from a decision of an appeal referee, except for a referee decision issued under (a)(2) of this section that only remands the case to the division for further investigation and a redetermination. If the case is remanded, the party may file an appeal to an appeal referee from the redetermination issued by the division.

(e) The director shall maintain electronic or paper copies of decisions of appeal referees. The decisions are open for inspection by the public.

History

Authority: AS 23.20.045; AS 23.20.420; AS 23.20.430
Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 10/12/97, Register 144

8 AAC 85.155 Appeals to the commissioner {#sec-8-aac-85.155 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.155}

(a) An interested party may file a written appeal to the commissioner within 30 days after the mailing or personal delivery of the decision of an appeal referee except for a decision issued under 8 AAC 85.154(a)(2). The application must contain the reasons for the appeal and must be filed in accordance with 8 AAC 85.151.

(b) After receipt, the commissioner will decide whether to accept the appeal using the standards set out AS 23.20.435(a). In exercising discretion, the commissioner will accept an appeal from a decision of the referee that does not reverse or modify the determination of the department if the decision of the referee is clearly erroneous or presents an issue, that requires the commissioner's decision. Notice of the commissioner's decision will be mailed or otherwise delivered to all interested parties, and, if the appeal is not accepted under AS 23.20.435(a), the notice will contain a statement of the party's right to initiate judicial review.

(1) affirm, modify, or reverse the decision of the appeal referee on the basis of the evidence previously submitted, or on the basis of additional evidence taken in accordance with 8 AAC 85.153; or

(2) remand the case to the appeal referee or the division to take additional facts and issue a new decision or determination.

(d) Interested parties may present written arguments to the commissioner and may apply for permission to present oral arguments.

(e) If the commissioner accepts an appeal from an appeal referee's decision, the commissioner will issue a written decision stating the findings of fact and the reasons for the decision. Copies of the decision will be mailed or otherwise delivered to all interested parties. A decision issued under (c)(1) of this section will include a notice of the right to judicial review.

(f) Electronic or paper copies of decisions of the commissioner will be kept on file at the office of the director. Decisions are open for inspection by the public after the division has redacted the federal social security number and employer federal identification numbers.

History

Authority: AS 23.20.045; AS 23.20.340; AS 23.20.435 AS 23.20.110; AS 23.20.400 AS 23.20.315; AS 23.20.430
Eff. 11/7/80, Register 76; am 10/12/97, Register 144; am 6/16/2010, Register 194

8 AAC 85.156 Appeals involving a labor dispute {#sec-8-aac-85.156 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.156}

(a) If the payment or denial of benefits depends on whether a claimant's unemployment is due to a stoppage of work because of a labor dispute, the monetary or nonmonetary determination shall be made by the director.

(b) An appeal under this section must be filed with the commissioner in accordance with 8 AAC 85.151.

(c) After the commissioner is notified that an appeal has been filed, he or she will appoint a referee to conduct a hearing on the appeal as provided in 8 AAC 85.153. After the hearing, the referee shall prepare a proposed written decision stating findings of fact and the reasons for the proposed decision. The proposed decision, along with the hearing record, must be sent to the commissioner with all pertinent agency records.

(d) The commissioner will consider all evidence contained in the record and the referee's proposed decision, and will decide the appeal. The commissioner will, in his or her discretion, direct the referee to take additional evidence, or hear the evidence himself as provided in 8 AAC 85.153.

(e) A decision of the commissioner under this section will be issued in accordance with 8 AAC 85.155(e).

History

Authority: AS 23.20.045; AS 23.20.415; AS 23.20.420
Eff. 11/7/80, Register 76; am 3/24/85, Register 93; am 3/4/2006, Register 177

8 AAC 85.157 Contribution appeals {#sec-8-aac-85.157 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.157}

(a) The time allowed for the filing of an appeal under AS 23.20.220, 23.20.225, 23.20.242, 23.20.276, 23.20.277, 23.20.305, and 23.20.315 will be computed under Rule 6 of the Rules of Civil Procedure.

(b) An appeal referee appointed by the department shall promptly conduct the appeal hearing under 8 AAC 85.153 at a location selected under AS 44.62.410. The referee shall mail notice of the location, time, and date of the hearing to interested parties and their representatives at least 15 days before the hearing. A party may waive the right to the notice.

(c) The appeal referee shall conduct a preliminary conference before the hearing if the referee finds it necessary or if it is requested by an interested party. At the preliminary conference, the time and date of the hearing shall be scheduled, the issues of the dispute shall be clarified, and the inspection of pertinent state files shall be permitted. Procedural matters and requests for subpoenas and stipulations shall also be heard.

(d) For purposes of this section, the appeal referee shall issue a decision under 8 AAC 85.154 if the issue is subject to the appeal provisions of AS 23.20.276 or 23.20.315.

(e) If the appeal concerns a contribution issue other than one subject to the appeal provisions of AS 23.20.276, 23.20.305, or 23.20.315, the appeal referee shall prepare a proposed written decision. The proposed decision must contain findings of fact and the reason for the proposed decision. The referee shall send the proposed decision and the hearing record to the commissioner. The commissioner may hear additional evidence or direct the referee to take additional evidence. The commissioner will consider the evidence and decide the appeal. Copies of the decision and a notice of the right to judicial review will be mailed to all interested parties.

History

Authority: AS 23.20.045; AS 23.20.276; AS 23.20.415 AS 23.20.220; AS 23.20.277; AS 23.20.420 AS 23.20.225; AS 23.20.305 AS 23.20.242; AS 23.20.315
Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 3/24/85, Register 93; am 4/11/90, Register 114; am 4/28/95, Register 134; am 6/16/2010, Register 194

8 AAC 85.160 Destruction of records {#sec-8-aac-85.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.160}

Repealed.

History

Eff. 10/25/68, Register 27; am 8/20/70, Register 35; repealed 10/12/97, Register 144

8 AAC 85.170 Dependents' allowance {#sec-8-aac-85.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.170}

Repealed 11/7/80.

8 AAC 85.180 Payment of benefits to travel status claimants {#sec-8-aac-85.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.180}

Repealed 11/7/80.

8 AAC 85.190 Payment of benefits to ill and disabled claimants {#sec-8-aac-85.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.190}

Repealed 11/7/80.

8 AAC 85.200 Payment of benefits to claimants attending an approved training course {#sec-8-aac-85.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.200}

(a) A claimant who is attending training or intends to enter training must provide the following information when applying for benefits under AS 23.20 and this chapter:

(1) a written description of the training course;

(2) the beginning date and total period of training;

(3) the name and address of the training provider; and

(4) the reason for taking the training.

(b) The director shall approve training for a claimant if

(1) the claimant needs training to

(A) overcome immediate barriers to reemployment, including disability, obsolete skills, or lack of work search skills;

(B) remain employable in the claimant's customary occupation;

(C) end a pattern of employment in temporary, casual, or unskilled work and increase skill level, earning power, or employment opportunities; or

(D) obtain a necessary occupational safety and health certification;

(2) the training is

(A) a vocational training or retraining course;

(B) taken on the full time schedule offered by the training provider; and

(3) a surplus of qualified workers in the training occupation does not exist in the geographical area in which the claimant is seeking work; and

(4) the claimant has the aptitude to successfully complete the training.

(1) length of the training;

(2) cost of the training; or

(3) lack of a contract of employment at the conclusion of the training.

(d) The director shall approve training for a claimant who leaves unskilled work to attend the training if the claimant meets the other requirements of this section.

(e) Notwithstanding (a) - (d) of this section, the director shall approve training for a claimant who is placed in the training under a state or federal training program sponsored directly or indirectly by

(1) the United States Secretary of Labor; or

(2) a state or federal employment or training agency.

History

Authority: AS 23.20.045; AS 23.20.330; AS 23.20.382
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 6/9/71, Register 38; am 10/29/76, Register 60; am 11/7/80, Register 76; am 3/24/85, Register 93; am 4/11/90, Register 114; am 10/11/95, Register 136; am 10/12/97, Register 144

8 AAC 85.210 Responsibility of department to obtain information {#sec-8-aac-85.210 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.210}

Repealed 10/29/76.

8 AAC 85.220 Recovery of overpayments {#sec-8-aac-85.220 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.220}

(a) A determination of overpayment liability issued under AS 23.20.390 will include a statement of the right to request a waiver of repayment of the overpayment. An individual may request a waiver within 30 days after the date on which the determination of liability becomes final. The director may extend this period if the request is delayed by circumstances beyond the individual's control.

(b) The director shall waive repayment of an overpayment of benefits to an individual under AS 23.20.390 if

(1) the individual has died or received the benefits in good faith;

(2) repayment would be against equity and good conscience; and

(3) the request for a waiver meets the requirements of this section.

(c) Benefits have been received in good faith if the overpayment was received without fault by the individual, and the individual did not have the capacity to recognize that he or she was incorrectly overpaid. Benefits have not been received in good faith if the individual

(1) negligently reports or fails to report information, which results in the overpayment; or

(2) knew or should have known that the individual was not lawfully entitled to receive the benefits.

(d) Repayment of an overpayment is against equity and good conscience if

(1) repayment in 12 consecutive monthly installments would cause great hardship to the individual, considering the current and potential income and other financial resources available to the individual and the individual's family;

(2) the overpayment resulted from a decision of the department or a court overturning a determination of eligibility made at any level of appeal, and the individual did not withhold or conceal pertinent information on any claim for benefits or in any investigation or proceeding;

(3) the individual received the overpaid benefits by relying on clearly incorrect advice, given to the individual by the division or an employment security agency of another state, which the individual could not recognize as incorrect; or

(4) the overpayment cannot be waived under (1) - (3) of this subsection, but the department determines that recovery would be injurious to the individual after consideration of the standards in (1) - (3) of this subsection, and any extraordinary circumstances.

(e) A waiver of repayment of the overpayment will not be granted if the overpayment is the result of a false statement or misrepresentation of a material fact, or failure to report a material fact.

(f) The director may waive a portion of an overpayment if recovery of the full amount would be against equity and good conscience under (d) of this section.

(g) The director shall not waive an overpayment if waiving the overpayment would cause the individual to receive more than the individual's maximum weekly benefit amount or maximum entitlement of benefits.

(h) To recover an overpayment established under AS 23.20.390, the director may

(1) accept payment, in full, or as part of a repayment schedule under an agreement by the individual and the department, by cash, check, money order, or credit card;

(2) deduct the full weekly benefit amount for each week that benefits are payable to an individual until the overpayment is recovered; or

(3) upon request of the individual, deduct at a rate of 50 percent of the full weekly benefit amount if

(A) the individual received the overpaid benefits in good faith as described in (c) of this section;

(B) sufficient benefits are available to the individual when the overpayment liability is established to allow recovery of the overpayment at a rate of 50 percent of the full weekly benefit amount; and

(i) Repealed 7/19/2019.

(j) If the director is unable under (h) of this section to recover an overpayment owed by an individual, the director may pursue recovery of the overpayment through a

(1) claim against the individual's permanent fund dividend under 8 AAC 85.225; and

(2) civil action against the individual.

(k) For the purposes of this section,

(1) "family" includes all persons living in a single residence who are related to each other by blood, marriage, or adoption, including stepchildren and stepparents; however, it does not include an individual aged 18 or older who receives less than 50 percent of support from the family and who is not the principal earner or the spouse of the principal earner of the family;

(2) "financial resources" includes assets, such as stocks, bonds, interest in mutual funds, cash, and credit union or savings accounts; "financial resources" does not include an individual's home or furnishings, automobiles needed for transportation, clothing, or tools of the trade;

(3) "great hardship" means in individual's inability to obtain minimal necessities of food, medical care, and shelter for the individual or the individual's family for at least 30 days within a period of 90 days after the date of the waiver request;

(4) "full weekly benefit amount" means

(A) the weekly benefit amount as set out in AS 23.20.350(d); plus

(B) the allowance for dependents, if the individual receives one under AS 23.20.350(f); less

(5) "income" includes income from all sources, including benefits under AS 23.20.

History

Authority: AS 23.20.045; AS 23.20.390; AS 43.23.180
Eff. 10/25/68, Register 27; am 8/20/70, Register 35; am 1/13/72, Register 40; am 10/29/76, Register 60; am 12/5/79, Register 72; am 11/7/80, Register 76; am 3/24/85, Register 93; am 4/28/95, Register 134; am 10/12/97, Register 144; am 3/3/2001, Register 157; am 3/4/2006, Register 177; am 3/25/2007, Register 181; am 7/19/2019, Register 231

8 AAC 85.225 Claim against permanent fund dividend {#sec-8-aac-85.225 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.225}

(a) The division will execute upon an individual's permanent fund dividend under AS 43.23.180 if the individual

(1) has received an overpayment under AS 23.20.390;

(2) has been sent by the division notice under AS 23.20.390 that repayment is required and failed to repay the overpayment under 8 AAC 85.220;

(3) remains in default for repayment of an amount owed to the department that may include overpayments, penalties, fines, attorney fees, costs, and other amounts as described in AS 43.23.180(f);

(4) failed to comply with, or has exhausted, the administrative remedies provided in this section; and

(5) has been sent notice by the division of the permanent fund dividend claim as described in AS 43.23.180 and this section.

(b) The division shall notify the individual of the default on the repayment of the amount owed, and the division's intent to execute upon the individual's permanent fund dividend under (a) of this section by mailing a demand letter to the individual's last address of record provided to the division by the individual or a more recent address obtained by the division by other means. The division will not execute upon an individual's permanent fund dividend under this section if the individual, within 60 days from the date of the demand letter, brings the debt out of default by remitting payment in full on the amount owed.

(c) Beginning 60 days after the date of the demand letter under (b) of this section, the division may issue a final notice to an individual that remains in default to the mailing address provided on the individual's permanent fund dividend application to serve notice that

(1) the individual's permanent fund dividend, or a portion of the permanent fund dividend not to exceed the amount of the claim, will be paid to the Department of Labor and Workforce Development in accordance with the priorities established in AS 43.23.140, and that the action described in this paragraph is the final administrative action unless the individual files an appeal under (2) of this subsection; and

(2) the individual may file an appeal in person, by mail, or by telephone objecting to paying the claim from the individual's permanent fund dividend and request a hearing before an appeal tribunal appointed under AS 23.20.410 within 30 days of the date of the final notice.

(d) A hearing for an appeal requested under (c)(2) of this section shall be conducted in the manner described in AS 23.20.420, AS 23.20.430, 8 AAC 85.153, and 8 AAC 85.154. The hearing

(1) is limited to the issues of identity of the individual and whether an amount is still owing on the claim under AS 23.20; and

(2) may be conducted telephonically or in writing.

(e) The decision of the appeal tribunal is the final administrative action, unless the individual files a written appeal to the commissioner within 30 days after the mailing or personal delivery of the decision of the appeal tribunal. The appeal must contain the reasons for the request and must be filed in accordance with 8 AAC 85.155.

(f) The division will claim the individual's permanent fund dividend no less than 30 days after the date of the final notice letter under (c) of this section, the decision of the appeal tribunal is final, or the decision from an appeal to the commissioner under (e) of this section is final, whichever is later.

(g) If the director is unable under this section to recover all amounts owed by an individual, the director may pursue a civil action against the individual.

History

Authority: AS 23.20.045; AS 23.20.420; AS 44.31.020 AS 23.20.390; AS 43.23.180
Eff. 3/3/2001, Register 157

8 AAC 85.230 Extension of base period {#sec-8-aac-85.230 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.230}

Repealed 11/7/80.

8 AAC 85.240 Report form instructions {#sec-8-aac-85.240 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.240}

Repealed 11/7/80.

8 AAC 85.250 Requalifying requirements {#sec-8-aac-85.250 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.250}

Repealed 11/7/80.

8 AAC 85.255 Requalification requirements {#sec-8-aac-85.255 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.255}

(a) Under AS 23.20.381(g), an individual is required to perform services and earn wages equal to eight times his or her weekly benefit amount after the beginning of the benefit year in order to requalify for benefits in a successive benefit year. The benefit amount of the first benefit year will be used to determine if the requalification requirement has been met.

(b) The following kinds of remuneration may not be used to requalify under AS 23.20.381(g):

(1) bonuses, dismissal pay, vacation pay, back pay awards, terminal or accrued leave, or any other remuneration that is not payment for services performed after the beginning of the first benefit year; or

(2) interest income, earnings from capital, or any other payment that is not wages under AS 23.20.530.

(c) The service used to requalify under AS 23.20.381(g) need not be in employment covered by AS 23.20. However, the following kinds of service may not be used to requalify:

(1) jury duty;

(2) self employment; or

(3) family employment that is excluded from coverage under AS 23.20.526(a)(4).

History

Authority: AS 23.20.045; AS 23.20.381
Eff. 3/24/85, Register 93

8 AAC 85.260 Provision of bond or other security {#sec-8-aac-85.260 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.260}

(a) A nonprofit organization, government entity, federally recognized tribe or group of nonprofit organizations, government entities, or federally recognized tribes, electing under AS 23.20.277 to reimburse the fund for benefits paid to its employees shall file a surety bond with the department or shall deposit money or securities with the department. An election is not effective until a bond or deposit is filed with the department. The department will only accept the bond or deposit if the amount of the bond or deposit is the larger of $32,000 or 3.2 percent of total wages paid for employment in the four most recently reported calendar quarters immediately preceding the effective date of the election. If the employer did not pay wages in the four quarters preceding the effective date of the election, the director shall estimate the payroll for four quarters using the most recent and applicable information.

(b) The department will only accept a surety bond under (a) of this section under each of the following conditions:

(1) the bond must remain enforceable and in effect for three years after any reimbursing employer ceases to be an employer or terminates its reimbursable status;

(2) cancellation of the bond may not go into effect until 90 days after the department receives notification from the surety company of its intention to cancel the surety bond;

(3) a cancellation does not affect any liability of the surety or the employer incurred or accrued on benefits paid during the effective period under (1) of this subsection.

(c) If the employer covered by a bond fails to pay the full amount of payments in place of contributions when due, together with any applicable interest and penalties under AS 23.20.185 - 23.20.195, the department will pursue the surety for liability on the bond.

(d) The director shall notify the employer in writing if a bond must be increased under (a) of this section. The employer shall file the adjusted bond within 30 days after the notice is mailed or otherwise delivered to the employer.

(e) The director shall hold money or securities deposited under (a) of this section in an escrow account until all liability for benefits under the election is terminated. When liability is terminated, the director shall return the deposit, less any deductions made under (f) of this section.

(f) The director may deduct from money, or sell securities, deposited under (a) of this section to satisfy delinquent payments in lieu of contributions, including interest and penalties. After the delinquency is satisfied from the sale of securities, the director shall deposit remaining cash to the escrow account of the employer.

(g) The director may at any time review the adequacy of a deposit made by an employer. The director shall notify the employer in writing if an additional deposit is necessary under (a) or (d) of this section. The employer shall deposit the additional money or securities within 30 days after the notice is mailed or otherwise delivered. The director may refund that portion of the deposit that exceeds the amount required under this section.

(h) The director shall terminate an election under AS 23.20.277 if an employer fails to meet the requirements of this section and AS 23.20.277. The termination continues until the requirements of AS 23.20.277 have been met and for the remainder of the current and following taxable year. The director shall provide at least 30 days to meet the requirements of this section and AS 23.20.277 following written notice of intention to terminate the election.

(i) The director may for good cause beyond the control of the employer extend a filing, deposit, or adjustment period under this section by not more than 60 days.

(j) The state or any of its instrumentalities or any political subdivision of this state or any of its instrumentalities or one or more other states or political subdivisions or instrumentalities with the authority to levy a tax or special assessment and impose a lien for its enforcement under state law that elects payments in place of contributions under AS 23.20.277 may request in writing a waiver of the bond or deposit requirement. The director may grant the request if the employer is not delinquent in its payments of the fund and if the payments do not appear to be in jeopardy.

History

Authority: AS 23.20.045; AS 23.20.278 AS 23.20.277; AS 23.20.520
Eff. 1/13/72, Register 40; am 11/5/74, Register 52; am 12/5/79, Register 72; am 10/12/97, Register 144; am 12/5/2009, Register 192; am 6/27/2014, Register 210

8 AAC 85.270 Allocation of benefit costs {#sec-8-aac-85.270 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.270}

(a) Each employer that is liable for payments in place of contributions shall pay to the fund the amount of regular benefits, plus one-half the amount of extended benefits paid, that are attributable to service in the employ of that employer. However, if the employer is a government entity or federally recognized tribe that is liable for payments in place of contributions, the employer shall pay to the fund the amount of regular benefits, plus the full amount of extended benefits paid, that are attributable to service in the employ of that employer.

(b) If benefits paid to an individual are based on wages paid by more than one employer, and any of those employers are liable for payments in place of contributions, the amount payable to the fund by each employer that is liable for such a payment is an amount that bears the same ratio to the total benefits paid to the individual as the base period wages paid to the individual by that employer bear to the total base wages paid to the individual by all of the individual's base period employers.

History

Authority: AS 23.20.045; AS 23.20.277
Eff. 1/13/72, Register 40; am 1/7/78, Register 65; am 3/24/85, Register 93; am 7/1/2011, Register 198

8 AAC 85.280 Group accounts of nonprofit organizations, government entities, or federally recognized tribes {#sec-8-aac-85.280 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.280}

(a) Two or more nonprofit employers, government entities, or federally recognized tribes that have become liable for payments in lieu of contributions, in accordance with the provisions of AS 23.20.276 and 23.20.277 may file a joint application to the department for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of the employers. Each application shall identify and authorize a representative to act as the group's agent for the purposes of this paragraph. Upon its approval of the application, the department shall establish a group account for the employers effective as of the beginning of the calendar quarter in which the department receives the application and shall notify the group's representative of the effective date of the account. The account remains in effect for not less than two taxable years and thereafter until terminated at the discretion of the commissioner or upon application by the group. Upon establishment of the account, each member of the group shall be jointly and severally liable for payments in lieu of contributions chargeable to the account in each calendar quarter.

(b) Withdrawal of active members of group accounts shall be supported by a joint application for withdrawal, signed by the agent for the group and an authorized official representing the employer. The withdrawing member shall be liable for his proportionate share of benefits subsequently paid.

History

Authority: AS 23.20.045; AS 23.20.277; AS 23.20.520 AS 23.20.276; AS 23.20.278
Eff. 1/13/72, Register 40; am 12/5/2009, Register 192

8 AAC 85.290 Computation of new or newly covered employer's average industry tax rate {#sec-8-aac-85.290 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.290}

(a) The "average industry tax rate" as used in AS 23.20.170(b) is intended to be the most likely rate the new or newly covered employer would be assigned if he had sufficient experience to receive a rate under AS 23.20.280 - 23.20.310. The average industry tax rate to be assigned is that of the average rate for the corresponding rate year of employers performing nearly the same or correlated services.

(b) The average industry tax rate will be computed for each major division in the most current version of the North American Industry Classification, United States, as specified in AS 23.20.170. A new or newly covered employer will be assigned to a major division in accordance with the standards and practices employed by the United States Department of Labor.

(d) The computation of the major division average tax rates will be based on the experience of ratable covered employers used in determining the contribution rates for the corresponding rate year under AS 23.20.280 - 23.20.310 and then computed based on the tax schedule in effect during the rate year as determined by the appropriate reserve multiple. The computation will be made before the beginning of each rate year and remains in effect for the duration of the rate year.

(e) The new or newly covered employer shall be assigned the rate of the appropriate tax schedule which is closest to his industry's average. If the average falls exactly between two such rates, the lower rate of the two shall be assigned.

(f) If an employer has been assigned an improper industrial classification code due to insufficient information, a subsequent change in that code may be made and the employer may become liable for additional contributions or entitled to a reimbursement for payment of excess contributions.

(g) A new or newly covered employer has the same right to appeal his assigned average industry tax rate as that granted to ratable or eligible covered employers in AS 23.20.305.

History

Authority: AS 23.20.045; AS 23.20.170; AS 23.20.310
Eff. 11/5/74, Register 52; am 5/20/75, Register 54; am 1/7/78, Register 65; am 4/28/95, Register 134; am 3/3/2001, Register 157

8 AAC 85.291 Notification of business change and acquisition {#sec-8-aac-85.291 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.291}

An employing unit that has a change in ownership, management, or control, or that succeeds to or acquires all or part of another employing unit's trade or business, shall, within 15 days of that change or acquisition, notify the director in writing, on forms provided by the director, or using a format specified by the director. Notification must include the

(1) date of change or acquisition;

(2) date wages first paid under the new ownership;

(3) type of change, including a

(A) change in entity, such as a change from a sole proprietorship to a partnership and a partnership to a corporation;

(B) corporate charter change;

(D) a change as a result of a merger, consolidation, or purchase;

(4) percentage and type of operating assets acquired in this state;

(5) identification of current and prior owners; identification information must include at least

(A) name;

(B) social security number;

(D) business name (DBA); and

(E) number of employees acquired.

History

Authority: AS 23.20.045; AS 23.20.293
Eff. 3/25/2007, Register 181; am 12/5/2009, Register 192; am 6/16/2010, Register 194

8 AAC 85.292 Contribution rate for successor employer in business {#sec-8-aac-85.292 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.292}

(a) To determine if a business was acquired or transferred solely or primarily for the purpose of obtaining a more favorable rate of contributions under AS 23.20.295 or 23.20.297, the department shall use objective factors on a case by case basis, including

(1) the cost of acquiring the business;

(2) whether the successor employer continued essentially the same business activity as the predecessor employer;

(3) how long the same business activity was continued;

(4) whether the successor employer hired a substantial number of new employees for performance of duties unrelated to the business activity before the acquisition; and

(5) whether there was a continuity of control of the business.

(b) For the purposes of this section, continuity of control will be considered to exist if one or more persons, businesses, or organizations controlling a business remain in control after an acquisition or change in form. Evidence of continuity of control includes

(1) ownership of the organization conducting the business;

(2) ownership of assets necessary to conduct the business;

(3) security arrangements or lease arrangements covering assets necessary to conduct the business, or a contract when the ownership, stated arrangements or contract provides for or allows direction of the internal affairs or conduct of the business.

History

Authority: AS 23.20.045; AS 23.20.295; AS 23.20.297
Eff. 3/25/2007, Register 181

8 AAC 85.295 Contribution rate for delinquent employer accounts {#sec-8-aac-85.295 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.295}

(a) Except as provided in (c) of this section, an employer is not eligible for a rate determination under AS 23.20.280 - 23.20.310 for a calendar year if, on quarters before July 1 of the preceding calendar year,

(1) the employer is delinquent $100 or more in paying contributions, penalties, or interest due under AS 23.20.165, 23.20.185, 23.20.190, 23.20.195, or 23.20.260; or

(2) the employer has not filed a report as required under AS 23.20.105, 23.20.260, or 8 AAC 85.020.

(b) An employer that is ineligible for a rate determination under (a) of this section shall pay contributions at the highest rate under AS 23.20.280 - 23.20.310.

(c) An employer that is delinquent under (a)(1) of this section is eligible for a rate determination if the employer is current with payment under a deferred payment contract approved by the director. The director shall assign the highest rate under AS 23.20.280 - 23.20.310 if the employer defaults on the deferred payment contract.

History

Authority: AS 23.20.045; AS 23.20.280
Eff. 10/12/97, Register 144; am 6/27/2014, Register 210

8 AAC 85.300 Computation of reserve multiple {#sec-8-aac-85.300 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.300}

(a) For the purpose of calculating the reserve rate in AS 23.20.310(7), the "total amount available for benefits" as of September 30 preceding the rate year shall include interest accrued to the unemployment trust fund account as of that date.

(b) The reserve rate shall be expressed to the fourth decimal place for purposes of computing the reserve multiple in AS 23.20.310(6). The number in the fourth decimal place of the reserve rate shall be rounded to the next highest number if the number in the fifth decimal place is five or more.

History

Authority: AS 23.20.045; AS 23.20.310
Eff. 11/5/74, Register 52

8 AAC 85.310 Status between school terms {#sec-8-aac-85.310 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.310}

Repealed 11/7/80.

8 AAC 85.320 Information furnished nonprofit organizations, government entities and federally recognized tribes {#sec-8-aac-85.320 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.320}

(a) Each nonprofit organization, government entity, or federally recognized tribe that has elected to become liable for payments under AS 23.20.276, in place of making contributions, will be furnished a billing as provided in AS 23.20.277 that contains a listing of individual claimants whose benefits were charged against the affected nonprofit organization, government entity, or federally recognized tribe.

(b) The listing will contain

(1) each individual claimant's name and social security account number;

(2) the total net amount of benefits paid to each individual claimant during the period specified on the billing;

(3) the percentage of the total net amount that is attributable to the nonprofit organization, government entity, or federally recognized tribe; and

(4) the net amount charged for regular and extended benefits paid to each individual claimant during the period specified on the billing.

(c) In this section, "net amount" means the gross payments made to each individual claimant plus or minus any prior period adjustments.

History

Authority: AS 23.20.045; AS 23.20.276 AS 23.20.110; AS 23.20.277
Eff. 9/17/75, Register 56; am 1/7/78, Register 65; am 6/16/2010, Register 194

8 AAC 85.330 Office rules {#sec-8-aac-85.330 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.330}

The director may post in each unemployment insurance claims office such rules as he determines are necessary to insure the proper, orderly, and efficient administration of the employment security program. Any claimant failing to observe these rules will, at the discretion of the office manager, be rescheduled to appear at another time.

History

Authority: AS 23.20.045; AS 23.20.330
Eff. 1/7/78, Register 65

8 AAC 85.340 Exchange of information with other agencies {#sec-8-aac-85.340 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.340}

(a) In order for the department to determine whether a requesting agency's safeguards for confidentiality of information are, at a minimum, as effective as the safeguards imposed by the department, any agency of this or another state or of the federal government requesting information under AS 23.20.110(c) must have on file with the department, or enclose with the request, a copy of the applicable statute or regulation pertaining to the confidentiality of its records.

(b) If no copy of the applicable statute or regulation is on file or enclosed with an agency request for information, the department will request a copy from the agency before releasing any information. If no copy is received after having been requested, or if the safeguards of the agency requesting information do not meet the standards of AS 23.20.110, no information will be provided to that agency by the department.

(c) "Agency" as used in AS 23.20.110(c) and this section does not include law enforcement agencies of a local, state, or federal government.

History

Authority: AS 23.20.045; AS 23.20.110
Eff. 1/7/78, Register 65

8 AAC 85.350 Able to work and available for suitable work: general provisions {#sec-8-aac-85.350 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.350}

(a) A claimant is considered able to work if the claimant is physically and mentally capable of performing work under the usual conditions of employment in the claimant's principal occupation or other occupations for which the claimant is reasonably fitted by training and experience.

(b) A claimant is considered available for suitable work for a week if the claimant

(1) registers for work as required under 8 AAC 85.351;

(2) makes independent efforts to find work as directed under 8 AAC 85.352 and 8 AAC 85.355;

(3) meets the requirements of 8 AAC 85.353 during periods of travel;

(4) meets the requirements of 8 AAC 85.356 while in training;

(5) is willing to accept and perform suitable work which the claimant does not have good cause to refuse;

(6) is available, for at least five working days in the week, to respond promptly to an offer of suitable work; and

(7) is available for a substantial amount of full-time employment.

History

Authority: AS 23.20.045; AS 23.20.378 AS 23.20.080; AS 23.20.385
Eff. 3/30/79, Register 69; am 11/7/80, Register 76; am 3/24/85, Register 93; am 4/11/90, Register 114; am 4/28/95, Register 134; am 10/11/95, Register 136; am 10/12/97, Register 144; am 3/4/2006, Register 177; am 3/25/2007, Register 181

8 AAC 85.351 Able and available for suitable work: registration for work {#sec-8-aac-85.351 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.351}

(a) A claimant who files a claim for benefits in a state that acts as an agent in taking claims for benefits held by this state shall register for work within seven days from the date the initial claim is filed and maintain the placement registration for work in accordance with the statutes, regulations, and procedures of the state in which the claim is filed.

(b) A claimant who files for benefits in this state shall register for work and maintain an active placement registration for work in this state as required by AS 23.20 and this section. An active placement registration for work in this state means the claimant has registered with the labor exchange system operated by the division and has posted an online resume that is available for employers and division staff to match with available jobs. A claimant shall register for work

(1) in person at the employment service office of the division that is nearest the claimant's residence;

(2) by telephone, if permitted by the director based on resource availability; or

(3) by electronic means at the department's website.

(c) The director shall find that a claimant is not available for work for any week ending before completion of a placement registration for work or for any week in which the claimant has not maintained a placement registration for work. To be considered available for work from the date of the initial claim, a claimant must complete a placement registration for work within seven days after filing the initial claim. If the placement registration for work is not completed within seven days, the claimant is considered available for work the week the placement registration is completed. To be considered available for work for any following week claimed within the benefit year, the claimant must maintain the placement registration for work.

(d) Repealed 3/4/2006.

(e) The director shall require a claimant to have and maintain a placement registration for work if the claimant is ready for work in at least one occupation. The director shall consider a claimant ready for work in an occupation if the claimant meets the skill qualifications for the occupation. If the director requires a claimant to have a placement registration, upon completion of the placement registration, the claimant will be placed in active status in the job-matching system for the division and will be referable to job orders placed by employers with the division.

(f) The director may assign a preplacement registration to a claimant who has been selected as in need of reemployment services under 8 AAC 85.357 or has other barriers to reemployment as determined by the director. If the director assigns a claimant to a preplacement registration, the claimant will be eligible for reemployment services, but will not be placed in active status in the job-matching system of the division. The director shall convert the preplacement registration to a placement registration when the director determines that the claimant is ready for work.

(g) The director may defer registration for work for a claimant who is

(1) temporarily unemployed with a definite date to return to full-time work within 45 days after the date the claimant files the initial claim;

(2) unemployed due to a labor dispute;

(3) traveling immediately following the filing of the initial claim, for the purpose of relocating outside of this state; upon arrival in the new area of residence, the claimant shall register for work as required in (a) of this section;

(4) repealed 3/4/2006;

(5) normally hired through a trade union, if the union furnishes information when requested by the director to verify the claimant's current membership and eligibility for dispatch;

(6) repealed 3/4/2006;

(7) repealed 3/4/2006;

(8) under an approved waiver of availability under AS 23.20.378 or 23.20.382.

(h) Repealed 3/4/2006.

(i) If the director does not require the claimant to have a placement registration, the director shall inform the claimant that the placement registration requirement has been deferred and advise the claimant of available employment services.

History

Authority: AS 23.20.045; AS 23.20.378; AS 23.20.385 AS 23.20.080; AS 23.20.382; AS 23.20.520
Eff. 10/12/97, Register 144; am 11/7/2001, Register 160; am 3/4/2006, Register 177; am 3/25/2007, Register 181; am 6/27/2014, Register 210; am 6/28/2024, Register 250

8 AAC 85.352 Able and available for suitable work: work search activity {#sec-8-aac-85.352 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.352}

(a) A claimant who is required to register for work under AS 23.20 and 8 AAC 85.351 shall actively seek suitable work by performing at least one valid work search activity during each week that the claimant files for unemployment insurance benefits.

(b) The division may require a claimant to perform more than one valid work search activity during a week that the claimant files for unemployment insurance benefits based on the population and labor market of the area in which the claimant resides while filing a benefits claim. For each benefit week in which the claimant files a benefits claim, the division will provide the claimant with the number of work search activities that the claimant is required to perform, using a method specified under (c) of this section by the director.

(1) the claimant

(A) inquires with an employer through investigation of the employer's job postings or website or other explorative activities, or contacts an employer by telephone, by electronic mail, or in person regarding work; the method of contact or inquiry must be appropriate based on how the prospective employer is usually contacted for work; or

(B) visits a job center for a reemployment service or career workshop, attends a job interview, or performs a similar high-engagement activity approved by the director; and

(2) the work is suitable to the claimant's skills and abilities under 8 AAC 85.410.

(d) Using a method specified by the director to verify work search activities, a claimant who is required to perform a work search activity under (a) of this section shall report any employer contact or inquiry made during each week that the claimant files a claim for unemployment insurance benefits to the division. The report must include the following for each employer contact or inquiry:

(1) the date the claimant made the contact or inquiry;

(2) the name of the employer or entity through which the activity was performed; and

(3) the telephone number, address, electronic mail address, or Internet address that the claimant used to make the contact or inquiry.

History

Authority: AS 23.20.045; AS 23.20.378 AS 23.20.080; AS 23.20.385
Eff. 10/12/97, Register 144; am 6/27/2014, Register 210; am 3/30/2016, Register 217; am 6/28/2024, Register 250

8 AAC 85.353 Able and available for suitable work: travel claims {#sec-8-aac-85.353 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.353}

(a) The requirements of this section apply to any period during which a claimant travels outside the customary commutable area in which the claimant resides, unless the claimant travels while exempted from availability requirements under AS 23.20.378(a) or in connection with training approved under AS 23.20.382. For purposes of this section, a "customary commutable area" means an area where a claimant customarily commutes to and from work each day.

(b) A claimant is available for work each week while traveling only if the claimant is traveling to

(1) search for work and is legally eligible to accept work in the area of travel;

(2) accept an offer of work that begins no later than 14 days after the claimant's departure; or

(3) establish or return to a residence immediately following the claimant's discharge from the armed forces.

(c) A claimant who travels in search of work must be legally eligible to accept work and make reasonable efforts to find work each week in the area of the claimant's travel, by

(1) contacting in person an employment office;

(2) making at least two in-person employer contacts;

(3) registering in person with the local chapter of the claimant's union that has jurisdiction over the area of the claimant's travel; a claimant who has previously registered with the local union that has jurisdiction over the area of the travel is available for work if the claimant makes contacts as required by the union to be eligible for dispatch in the area of the travel; or

(4) attending in person a pre-arranged job interview.

(d) A claimant is not available for work after the claimant travels for more than four consecutive calendar weeks to search for work. A claimant is not available for work after the claimant travels for more than seven days if traveling to

(1) accept an offer of work that begins 14 days after the claimant's departure; or

(2) establish or return to a residence immediately following the claimant's discharge from the armed forces.

History

Authority: AS 23.20.045; AS 23.20.378; AS 23.20.385 AS 23.20.080; AS 23.20.382; AS 23.20.520
Eff. 10/12/97, Register 144; am 3/4/2006, Register 177; am 3/25/2007, Register 181; am 6/16/2010, Register 194; am 7/1/2011, Register 198; am 7/19/2019, Register 231

8 AAC 85.354 Able and available for suitable work: exemption standards {#sec-8-aac-85.354 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.354}

(a) A claimant seeking an exemption granted to an ill or disabled claimant under AS 23.20.378 will, in the discretion of the division, be required to submit to the division a medical report verifying the illness or disability. A report may be required for an illness or disability of any duration, or periodically during an extended illness or disability. The report must be completed and signed by a physician; however, if no physician is available, the statement may be completed and signed by a nurse or other medical official. The report must specify at least the nature of the illness or disability, the date it was incurred, and its expected duration.

(b) A claimant who travels for medical reasons under the conditions specified in AS 23.20.378 must submit to the division the name and address of the provider of medical services and the date on which services were provided.

(c) A claimant who is noncommercially hunting or fishing for survival, or for the survival of dependents, under the conditions specified in AS 23.20.378, is not required to be available for work while obtaining sufficient food for survival. In determining whether the noncommercial hunting or fishing is necessary for survival, the director will consider the

(1) total income of the claimant and the claimant's spouse for the 12 months preceding the hunting or fishing;

(2) existence of an historical pattern of hunting or fishing for survival in the immediate area of the claimant's residence;

(3) existence of an established pattern of hunting or fishing for survival by the claimant; and

(4) existence of other resources that the claimant can use for survival under the circumstances, including any available work.

(d) A claimant is eligible under AS 23.20.378(a)(1)(E) for the first seven days of attendance at the funeral of an immediate family member. A claimant is not eligible in a week if the total period of attendance at the funeral in that week and any earlier weeks exceeds seven days. In this subsection "immediate family member" means a person who is related to the claimant by blood, marriage, or adoption as a parent, child, spouse, brother, sister, grandparent, or grandchild.

History

Authority: AS 23.20.045; AS 23.20.378 AS 23.20.080; AS 23.20.385
Eff. 10/12/97, Register 144

8 AAC 85.355 Able and available for suitable work: eligibility review {#sec-8-aac-85.355 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.355}

The director may review a claimant's registration for work and availability for work at any time during the benefit year. As part of the review, the director shall consider the claimant's training, experience, length of unemployment, plan for obtaining work, barriers to reemployment, and work prospects. On the basis of the review, the director may assign to the claimant new suitable occupation codes, change the claimant's registration for work, assign the claimant to reemployment services or instruct the claimant to make independent attempts to find work that are appropriate for the occupation and labor market. If the claimant fails without good cause to participate in the review, participate in reemployment services as directed by the director, or follow instructions of the division to help the claimant find suitable work, the director shall determine the claimant as not available for work.

History

Authority: AS 23.20.045; AS 23.20.378 AS 23.20.080; AS 23.20.385
Eff. 10/12/97, Register 144

8 AAC 85.356 Able and available for suitable work: attendance at training {#sec-8-aac-85.356 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.356}

A claimant who is attending training is available for work if

(1) the claimant is not disqualified under AS 23.20.378(c);

(2) the claimant is attached to the labor force and is ready and willing to immediately accept suitable full-time work for which the claimant is presently qualified; and

(3) the claimant

(A) while working full-time and attending training, became unemployed for reasons not attributable to the training, and the hours of training have not changed substantially;

(B) began attending training after becoming unemployed and no rearrangement of the training schedule would be necessary to accommodate at least one regular work shift in an occupation suitable for the claimant; or

History

Authority: AS 23.20.045; AS 23.20.378 AS 23.20.080; AS 23.20.385
Eff. 10/12/97, Register 144

8 AAC 85.357 Able and available for suitable work: reemployment services {#sec-8-aac-85.357 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.357}

(a) A claimant is not available for work for any week in which the claimant fails to participate in reemployment services if the claimant has been determined by the director likely to exhaust regular benefits and need reemployment services, unless the claimant has

(1) completed the reemployment services; or

(2) has good cause under (b) of this section for failure to participate in the reemployment services.

(b) The director shall find that a claimant has good cause for failure to participate in reemployment services or related services under (a) of this section if the cause would lead a reasonable and prudent person not to participate in those services and the claimant took the actions that a reasonable and prudent person would take in order to participate. A claimant no longer has good cause when the cause preventing participation ends. Good cause includes

(1) circumstances beyond the claimant's control;

(2) circumstances that waive the availability for work requirement in AS 23.20.378;

(3) attendance at training approved under AS 23.20.382 and 8 AAC 85.200; and

(4) referral to reemployment services that the director determines was made incorrectly.

History

Authority: AS 23.20.045; AS 23.20.378 AS 23.20.080; AS 23.20.385
Eff. 10/12/97, Register 144

8 AAC 85.360 Policy manual {#sec-8-aac-85.360 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.360}

In implementing AS 23.20.455(a), the department will maintain a policy manual interpreting the provisions of AS 23.20 and this chapter. Copies of the manual are available for inspection at all employment service offices and at the central office in Juneau.

History

Authority: AS 23.20.045; AS 23.20.455
Eff. 3/30/79, Register 69

8 AAC 85.380 Disqualification for misrepresentation {#sec-8-aac-85.380 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.380}

(a) A disqualification under AS 23.20.387 begins with the week in which the department makes the determination of disqualification, and may not exceed 52 weeks. The period of disqualification is at least six weeks for each week affected by the false statement, misrepresentation, or failure to report a material fact. Additional weeks of disqualification will be imposed if the circumstances of the case require an increased penalty.

(b) To determine the period of disqualification under AS 23.20.387 the department will consider

(1) the seriousness of the false statement, misrepresentation, or failure to report a material fact;

(2) the amount of benefits affected by the false statement, misrepresentation, or failure to report a material fact; and

(3) the extent to which the disqualification would deter others from committing a similar offense.

(c) The period of disqualification under AS 23.20.387 is 52 weeks if the claimant has been previously disqualified, within five years of the date of the determination, for making a false statement or misrepresentation, or failing to report a material fact.

History

Authority: AS 23.20.045; AS 23.20.387
Eff. 11/7/80, Register 76; am 3/27/82, Register 81

8 AAC 85.390 Remuneration in a medium other than cash {#sec-8-aac-85.390 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.390}

The cash value of remuneration other than cash will be determined as follows:

(1) the cash value of a commodity, product, or other payment in kind is the value agreed upon by the individual and his employer; if the value has not been agreed to, the cash value is the fair market value of the commodity, product, or other payment in kind;

(2) the cash value of board and lodging will be the amount specified in a union contract or agreement or, if there is not a union agreement, by a written or oral contract of employment; if a value is not specified in a contract or agreement, board and lodging is considered to have the following value:

full board and lodging per week . . . . . $ 97.00

meals per week . . . . . 49.00

meals per day . . . . . 7.00

individual meals . . . . . 2.50

lodging per week . . . . . 47.00

lodging per day . . . . . 7.00

monthly home or apartment rental . . . . . 597.00

History

Authority: AS 23.20.045; AS 23.20.505 AS 23.20.360; AS 23.20.530
Eff. 11/7/80, Register 76; am 4/28/95, Register 134

8 AAC 85.400 Adjustments and refunds {#sec-8-aac-85.400 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.400}

(a) An employee whose employer deducts and pays contributions on more of the employee's wages than are subject to deduction must apply to the employer for a refund. If a refund cannot be obtained from an employer, the employee may request assistance from the department. An employer who pays more contributions than are due is entitled to a refund or credit against future contributions if the employer certifies to the director by affidavit that the employee's share has been refunded to the employee.

(b) An employee who, in the employ of two or more employers, earns wages in one calendar year totaling more than the wages subject to contributions, is entitled to a refund of the excess contributions deducted from the employee's wages if

(1) the employee submits a refund application to the department, on a form provided by the director, during the calendar year immediately following the calendar year in which the deductions are made; or

(2) the employee was not provided with sufficient notification of department regulation as prescribed under AS 23.20.335; a refund may be granted for any wages the department has on file.

History

Authority: AS 23.20.045; AS 23.20.165; AS 23.20.225
Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 5/23/2003, Register 166; am 7/19/2019, Register 231

8 AAC 85.410 Suitable work {#sec-8-aac-85.410 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.410}

(a) The director shall determine that work is suitable for a claimant if the work is in the claimant's customary occupation, or is work for which the claimant has training and experience.

(b) To determine if the wages, hours, or other conditions of work offered to a claimant are substantially less favorable to him than those prevailing for similar work in the locality, the following standards apply:

(1) similar work is work which is similar in the operations performed, the skill, ability and knowledge required, and the responsibilities involved. A judgment of similar work will not be based on job title, hours of work, wages, permanency of the work, unionization, employee benefits, or other conditions of work;

(2) the locality of the work offered to a claimant is the area surrounding the offered work and is comprised of those establishments which normally use the same labor supply for work similar to the offered work;

(3) the prevailing wages, hours, or other conditions of work are those under which the greatest number of workers are employed in similar work in the locality; however, if the greatest number of workers employed at the same rate is not at least one-third of the total employed, then the prevailing rate will be expressed as the weighted average of the total number of rates;

(4) a condition of work offered to a claimant is not substantially less favorable than that prevailing for similar work in the locality if the difference between the condition of the offered work and the prevailing condition is minor or technical, or would have no adverse effect on the claimant. Wages for work offered to a claimant are substantially less favorable than those prevailing if the offered rate is less than 90 percent of the prevailing rate.

History

Authority: AS 23.20.045; AS 23.20.385
Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 10/11/95, Register 136; am 3/30/2016, Register 217

8 AAC 85.420 Refusal of suitable work {#sec-8-aac-85.420 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.420}

(a) A claimant will be disqualified under AS 23.20.379(b) for refusing suitable work without good cause, or for a failure to apply for suitable work to which he was referred by the employment office, if the offer of work or referral to work was properly made. An offer of work or referral to work is properly made if

(1) a job opening exists at the time the offer is made or the referral given;

(2) the claimant understands that he is receiving an offer or referral, unless an offer of work is not made by the employer because of claimant actions which cause the employer to withhold an offer of employment;

(3) the claimant is given sufficient information concerning the conditions of the job, including duties, location of the work, hours of work, wages, working conditions, equipment needed, and union requirements, if any, to determine the suitability of the offer or referral; and

(4) the claimant, upon accepting a referral, is given adequate information concerning where and how he should apply.

(b) Failure to apply for work includes

(1) failure to report to the employment office after a call-in for a referral to work;

(2) refusal to accept a referral to work; or

(3) after acceptance of the referral, a failure to apply to the employer for work.

(1) refusal of a job offer from an employer or from an agent of the employer having authority to hire;

(2) action by the claimant which causes the employer to withhold a job offer; or

(3) after acceptance of a job offer, a failure to report to work on the first scheduled day of work.

History

Authority: AS 23.20.045; AS 23.20.379
Eff. 11/7/80, Register 76

8 AAC 85.430 Waiver of security requirement on delinquent employer accounts {#sec-8-aac-85.430 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.430}

A delinquent employer who timely petitions for review of a notice of assessment under AS 23.20.220 is entitled to a waiver of the security requirement if

(1) the petition includes a request for waiver of the security requirement and a sworn statement which gives the location and value of the employer's real property and the terms of any liens or other encumbrances upon the property;

(2) the total value of the unencumbered real property is equal to or greater than the amount of the assessment; and

(3) the department concludes that the contributions, interest, and penalties assessed are not in jeopardy.

History

Authority: AS 23.20.045; AS 23.20.220
Eff. 3/27/82, Register 81

8 AAC 85.440 Adjustment of quarterly decline quotients {#sec-8-aac-85.440 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.440}

(a) An employer who makes wage payments that cause artificial peaks and declines in quarterly payroll, or whose quarterly payroll is affected by a labor dispute, may request that the director adjust the quarterly payroll in computing the quarterly decline quotient. Requests must be made on forms provided by the director.

(b) The director may adjust an employer's quarterly payroll if

(1) the employer paid wages in the form of an annual bonus;

(2) the employer paid wages in the form of a lump-sum payment for service performed over a period of more than three months;

(3) the employer made seven bi-weekly wage payments per employee in a calendar quarter;

(4) the employer reported wages for services excluded from the definition of "employment" under AS 23.20.526 and for which an election has not been approved under AS 23.20.325;

(5) the employer's quarterly payroll was affected by unemployment that was not compensable under the labor dispute provisions of AS 23.20.383;

(6) the employer had a change in accounting practices; or

(7) the employer had a fluctuation in payroll as a result of COVID-19 as substantiated by government declarations of a state of emergency and corresponding mandates directly related to COVID-19.

(1) at the employer's option, annual bonuses and lump-sum wage payments may be deleted from the payroll or apportioned equally among the quarters in the calendar year in which the artificial peaks or declines occur;

(2) at the employer's option, the seventh bi-weekly wage payment may be deleted from the payroll or apportioned equally among the quarters in the calendar year in which the payment was made;

(3) excluded employment reported by the employer and for which an election has not been approved under AS 23.20.325 may be deleted from the payroll in the calendar quarter in which the payment was reported;

(4) a decline in payroll that is caused by unemployment that is not compensable under the labor dispute provisions of AS 23.20.383 may be adjusted by adding to the payroll the wages that would have been earned during the quarter by the employees involved in the dispute;

(5) a decline in payroll caused by a change in an employer's accounting practices may be adjusted by adding wages that would have been reported in the quarter if an accounting change affecting the employer's payroll had not occurred; a change in wages in one quarter must have an offsetting amount as a correction to another quarter.

(6) a fluctuation in payroll as a direct result of COVID-19 may be adjusted for artificial peaks or declines, but only during a timeframe directly impacted by COVID-19 as established by government declarations.

(d) If an employer elects to exercise an option under (c)(1) or (2) of this section, the employer may not revoke that option without the approval of the director.

(e) In this section, "annual bonus" means something that is given or paid once a year, and that is over or in addition to what is due or expected, unlike a commission or an incentive payment.

History

Authority: AS 23.20.045; AS 23.20.285; AS 23.20.325
Eff. 3/27/82, Register 81; am 5/23/2003, Register 166; am 6/27/2014, Register 210; am 4/6/2020, Register 234

8 AAC 85.450 Reconsideration of tax rate or coverage determination {#sec-8-aac-85.450 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.450}

(a) A tax rate determination under AS 23.20.305 and a coverage determination under AS 23.20.315 are final unless the employer files a written protest, appeal, or request for redetermination within 30 days after a determination is delivered to the employer or mailed to the employer's address of record.

(b) Upon protest, appeal, or request for redetermination by the employer, the director will issue a redetermination either amending or affirming the original determination. The notice of redetermination will state the reason for amending or affirming the original determination and will state the right of further appeal.

(c) A redetermination is final unless the employer files an appeal as provided in 8 AAC 85.157 within 30 days after the notice of redetermination is delivered to the employer or mailed to the employer's address of record.

History

Authority: AS 23.20.045; AS 23.20.305; AS 23.20.315
Eff. 3/24/85, Register 93; am 4/11/90, Register 114; am 10/12/97, Register 144

8 AAC 85.460 Voluntary election of coverage {#sec-8-aac-85.460 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.460}

(a) The effective date of a voluntary election of coverage by an employing unit is the first day of the quarter in which election of coverage is requested or the first quarter for which wages are reported and contributions paid on those wages, whichever is earlier.

(b) If an employing unit fails to report wages and pay contributions in accordance with AS 23.20.165, the department may terminate a voluntary election of coverage effective retroactive to the quarter that a report and full payment were last received by the department from the employing unit.

History

Authority: AS 23.20.045; AS 23.20.325
Eff. 4/11/90, Register 114; am 12/5/2009, Register 192; am 6/27/2014, Register 210

8 AAC 85.470 Unclaimed excess contributions {#sec-8-aac-85.470 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.470}

(a) Excess contributions are considered unclaimed if

(1) delivery of the refund through the postal service to the address of record is unsuccessful; and

(2) reasonable attempts by the department to locate a current address are unsuccessful.

(b) The department will promptly deposit unclaimed excess contributions in the unemployment compensation fund. The department will record the name, the last known address, and the amount due for each employer or employee entitled to an unclaimed refund. The department will make the record available for public inspection at all reasonable business hours.

History

Authority: AS 23.20.045; AS 23.20.225
Eff. 4/11/90, Register 114; am 5/23/2003, Register 166

8 AAC 85.480 Notice and publication of unclaimed excess contributions {#sec-8-aac-85.480 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.480}

Not later than June 1 of each year, the department will publish a notice providing for the disposition of excess contributions paid by employers and employees who, according to the department's records, are owed unclaimed excess contributions. The notice will be published on the division's website and at least once in a newspaper of general circulation in the state.

History

Authority: AS 23.20.045; AS 23.20.225
Eff. 4/11/90, Register 114; am 5/23/2003, Register 166; am 3/4/2006, Register 177; am 12/5/2009, Register 192

8 AAC 85.490 Refund of unclaimed excess contributions {#sec-8-aac-85.490 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.490}

(a) An employer or employee claiming a refund of an unclaimed excess contribution shall file the claim on a form prescribed by the department.

(b) The department will consider each claim and give written notice to the employer or employee filing the claim if it is denied in whole or in part by mailing the notice to the address, if any, stated in the claim. A notice of denial will not be given if the claim does not state a mailing address.

History

Authority: AS 23.20.045; AS 23.20.225
Eff. 4/11/90, Register 114; am 5/23/2003, Register 166

8 AAC 85.500 Request for hearing {#sec-8-aac-85.500 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.500}

(a) Within 30 days after the date of mailing of the notice of denial of refund, the employer or employee whose claim has been denied may file with the department a written request for a hearing. The request must set out the reasons for requesting a hearing and the amount the appellant believes should be refunded. The hearing will be conducted under AS 23.20.420.

(b) The decision resulting from the hearing is final unless the appellant initiates judicial review by filing an appeal in the manner provided by AS 23.20.445.

History

Authority: AS 23.20.045; AS 23.20.225
Eff. 4/11/90, Register 114; am 3/4/2006, Register 177

8 AAC 85.510 Services performed by aliens {#sec-8-aac-85.510 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.510}

Benefits are not payable on the basis of services performed by an alien unless the alien satisfied the requirements of 26 U.S.C. 3304(a)(14) and AS 23.20.381(b) when the services were performed.

History

Authority: AS 23.20.045; AS 23.20.381
Eff. 4/28/95, Register 134

8 AAC 85.810 Employment service {#sec-8-aac-85.810 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.810}

The division retains responsibility for and oversight of all Wagner-Peyser employment services provided through the one-stop job center system. Each of the following three tiers of labor exchange must be available in the system:

(1) self-service;

(2) facilitated self-service;

(3) staff assisted service.

History

Authority: AS 23.20.045; AS 23.20.100
Eff. 4/24/2010, Register 194

8 AAC 85.820 Services in one-stop job center {#sec-8-aac-85.820 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.820}

(a) The employment service focuses on providing a variety of employment related labor exchange services in one-stop job centers, including

(1) job search assistance;

(2) job referral;

(3) placement assistance for job seekers;

(4) reemployment services to unemployment insurance claimants; and

(5) recruitment services to employers with job openings.

(b) In addition to the services specified in (a) of this section, and depending on the needs of the labor market, other services that may be available at one-stop job centers include

(1) assessment of job seeker skill levels, abilities, and aptitudes;

(2) career guidance;

(3) job search workshops; and

(4) referral to training.

(c) Job seekers who are veterans and military spouses will receive priority referral to services specified in (a) and (b) of this section and to job training and special employment service and assistance, as specified in 8 AAC 85.841. The one-stop job center system also provides specialized attention and services to

(1) individuals with disabilities;

(2) migrant and seasonal farm workers;

(3) ex-offenders;

(4) youth;

(5) minorities; and

(6) older workers.

(d) Public use of office technology and equipment in the resource room at a one-stop job center is for the purpose of job service activities and other employment and training usages at the discretion of the director. Resources may not be used for other purposes that are not related to job service activities and other employment and training usages, including

(1) any purpose that violates a statute or regulation of the United States or this state;

(2) any commercial activities, including commercial advertising;

(3) personal communications or other private matters not related to work search activities or career enhancement;

(4) access to or distribution of indecent or obscene material, including pornography;

(5) fund raising, political campaign activities, or public relations activities;

(6) religious and sectarian activities;

(7) any activity that is disruptive or breaches the confidentiality of other customers or is detrimental to the operation of the resource room; and

(8) any activity that adversely affects the availability or integrity of any office equipment or technology.

(e) In addition to the requirements of (d) of this section, the following rules are established for the resource room at a one-stop job center:

(1) food, drink, and tobacco products are not allowed in the resource room;

(2) children under the age of 14 must be supervised at all times and may not use computers or equipment; and

(3) a person may not exhibit behavior that is disruptive to other persons using the resource room; a person exhibiting disruptive behavior will be warned that if the person continues to exhibit the disruptive behavior that the person will be removed from the premises; if after receiving a warning under this paragraph, the person is uncooperative and continues the disruptive behavior, the job center manager will contact law enforcement to remove the person from the premises.

(f) Use of the Internet and other office technology in the resource room is monitored and is a revocable privilege. The use of the office technology includes all information processing equipment, such as

(1) computer equipment;

(2) software;

(3) operating systems; and

(4) storage media.

(g) The provisions of this section apply to resources owned, leased, or managed by the state or the state's designees and to non-state resources used at the one-stop job center. The job center manager may withdraw a user's access to a resource in the one-stop job center.

History

Authority: AS 23.20.045; AS 23.20.100
Eff. 4/24/2010, Register 194

8 AAC 85.830 Reemployment services {#sec-8-aac-85.830 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.830}

(a) Reemployment services funds must be used to provide reemployment services to unemployment insurance claimants through the one-stop job centers. These services are offered in addition to the usual Wagner-Peyser Act (29 U.S.C. 49) funded employment services in order to accelerate a return to work.

(b) Under the Wagner-Peyser Act, allowable activities include job search and placement services to job seekers, including

(1) counseling;

(2) testing;

(3) occupational and labor market information;

(4) assessment;

(5) referral to employers; and

(6) appropriate recruitment services and special technical services for employers.

(1) services provided to unemployment insurance claimants identified under 8 AAC 85.357 through the unemployment insurance profiling system;

(2) in-person staff assisted services;

(3) initial claimant reemployment assessments;

(4) career guidance and group and individual counseling, including provision of materials, suggestions, or advice that is intended to assist the job seeker in making occupation or career decisions;

(5) provision of labor market, occupational, and skills transferability information that clarifies claimants' reemployment opportunities and skills used in related or other industries;

(6) referral to job opening information;

(7) referral to employers and registered apprenticeship sponsors;

(8) referral to training;

(9) assessment, including interviews, testing, or employability planning; and

(10) referral to training that is funded by the Workforce Investment Act (29 U.S.C. 2801 - 2945) or STEP (AS 23.15.620 - 23.15.660), or provided by third party service providers.

History

Authority: AS 23.20.045; AS 23.20.080; AS 23.20.100
Eff. 4/24/2010, Register 194

8 AAC 85.840 Priority of service: Defined {#sec-8-aac-85.840 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.840}

(a) An eligible covered person has a priority of service and is given precedence over an eligible non-covered person in obtaining services.

(b) If necessary, and in order to ensure the priority of service to an eligible covered person,

(1) the eligible covered person will receive access to a service or resource earlier in time than the eligible non-covered person; and

(2) if a service or resource is limited, an eligible covered person will receive access to the service or resource instead of or before an eligible non-covered person.

(1) "eligible covered person" includes a veteran and the spouse of any of the following individuals:

(A) a veteran who died of a service-connected disability;

(B) a member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed in one or more of the following categories and has been listed for a total of more than 90 days:

(i) missing in action;

(ii) captured in the line of duty by a hostile force;

(iii) forcibly detained or interned in the line of duty by a foreign government or power;

(2) "eligible non-covered person" means an individual eligible for services who is not an individual described in (1) of this subsection;

(3) "priority of service" means the right of eligible covered persons to take precedence over eligible non-covered persons in obtaining services.

History

Authority: AS 23.20.045; AS 23.20.100
Eff. 4/24/2010, Register 194

8 AAC 85.841 Priority of service: Veterans {#sec-8-aac-85.841 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.841}

(a) The Jobs for Veterans Act (38 U.S.C. 4215) provides an emphasis on serving veterans by establishing a priority of service for veterans and certain spouses in all employment and training programs administered by the department.

(b) The veteran or eligible spouse must satisfy criteria for eligibility for the specific Workforce Investment Act (WIA) program or funding stream under 29 U.S.C. 2801 - 2945.

(c) Separating service members who meet the eligibility criteria for WIA dislocated workers are given priority over individuals who are not veterans.

History

Authority: AS 23.20.045; AS 23.20.100
Eff. 4/24/2010, Register 194

8 AAC 85.842 Priority of service: Workforce Investment Act {#sec-8-aac-85.842 omnilex-key=us-ak-regs-official--title-8--8 AAC 85.842}

(a) If Workforce Investment Act (WIA) program funding under 29 U.S.C. 2801 - 2945 becomes 65 percent obligated, and other one-stop partner agency funding is unavailable, the director will implement the following priority of service when providing WIA program participants with intensive and training services:

(1) the division shall establish and maintain a mechanism to provide for priority funding to the following target groups in the following order:

(A) low-income veterans and military spouses;

(B) low-income individuals with disabilities;

(D) other low-income individuals;

(E) individuals who are not self-sufficient;

(2) the level of significance of the individual's disability is identified as one of the following three priority categories:

(A) individuals with the most significant disabilities;

(B) individuals with significant disabilities;

(b) In this section,

(1) "individuals with disabilities" means individuals who

(A) have a physical, mental, or sensory impairment;

(B) have a substantial impediment to employment as a result of the impairment; and

(C) need vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(2) "individuals with significant disabilities" means individuals who

(A) receive Social Security disability income or supplemental security income, or have a severe physical, mental, or sensory impairment that seriously limits one or more functional capacities, such as mobility, work skills, self-care, interpersonal skills, communication, self-direction, or work tolerance in terms of an employment outcome; and

(B) needs multiple vocational rehabilitation services over an extended period of time;

(3) "individuals with the most significant disabilities" means individuals with significant disabilities who have severe physical, mental, or sensory impairment that seriously limits three or more functional capacities.

History

Authority: AS 23.20.045; AS 23.20.100
Eff. 4/24/2010, Register 194

Chapter 86 Alaska Technical and Vocational Education Program

8 AAC 86.100 Application deadline {#sec-8-aac-86.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 86.100}

Subject to AS 23.15.835(d), a technical and vocational education entity seeking a grant under the Alaska technical and vocational education program established in AS 23.15.820 - 23.15.850 shall submit a grant application to the department. The board will consider funding for each fiscal year only those grant applications received by the department no later than July 30 of that fiscal year.

History

Authority: AS 23.15.820; AS 23.15.835; AS 23.15.840
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172; am 12/28/2022, Register 244

8 AAC 86.105 Grant agreements and memoranda of understanding {#sec-8-aac-86.105 omnilex-key=us-ak-regs-official--title-8--8 AAC 86.105}

(a) A technical and vocational education program in AS 23.15.835(d) through the department shall enter into a grant agreement with the department, and those receiving funding directly from the state shall enter into a memorandum of understanding with the department each fiscal year. If an entity receiving funding directly already has a memorandum of understanding in place with the department that includes information required under 8 AAC 86.115, a new memorandum of understanding is not required. If any technical vocational education program fund recipient does not enter into a grant agreement or memorandum of understanding, then the penalty outlined in AS 23.15.835(h) may be applied.

(b) A grant agreement or memorandum of understanding as outlined in (a) of this section shall be executed not later than July 30 of the fiscal year.

History

Authority: AS 23.15.820; AS 23.15.835; AS 23.15.840
Eff. 12/28/2022, Register 244

8 AAC 86.110 Priority for technical and vocational education grant awards {#sec-8-aac-86.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 86.110}

(a) Subject to the priority list required under AS 23.15.835(d) and 23.15.840(f), the board will consider the current list of programs consistent with AS 23.15.820 - 23.15.850 and capital improvements.

(b) Subject to AS 15.835(d), the board will issue its list of priority considerations for the next fiscal year not later than the last day of the regular legislative session.

History

Authority: AS 23.15.035; AS 23.15.820; AS 23.15.840
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172; am 12/28/2022, Register 244

8 AAC 86.115 Reporting requirements {#sec-8-aac-86.115 omnilex-key=us-ak-regs-official--title-8--8 AAC 86.115}

Grant agreements or memoranda of understanding between the department and each technical and vocational education entity receiving funding under the Alaska technical and vocational education program in AS 23.15.835(d) must outline the program participant and financial data reporting requirements necessary to verify the performance of the program. If any technical vocational education program fund recipient does not provide the information required under the agreement, then the penalty under AS 23.15.835(h) may be applied.

History

Authority: AS 23.15.820; AS 23.15.835; AS 23.15.840
Eff. 12/28/2022, Register 244

8 AAC 86.120 Required match for technical and vocational education grants {#sec-8-aac-86.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 86.120}

(a) To qualify to receive a grant under AS 23.15.840, an applicant must demonstrate that, for each dollar of grant funds received, the applicant can provide a matching dollar in funds or in-kind funds.

(b) To provide the match required in (a) of this section, an applicant may include funds that consist of fees, contributions, donations, gifts of money, federal funds, local funds, and special user charges.

(c) Matching funds may not include state funds, including funds received through legislative appropriations and grant awards.

(d) In-kind funds must be valued at the current market value of the service or material in the location in which it is provided.

History

Authority: AS 23.15.820; AS 23.15.840
Eff. 4/18/2002, Register 162

8 AAC 86.130 General requirements; administrative cost standards {#sec-8-aac-86.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 86.130}

(a) A technical and vocational education entity that is awarded a grant under this chapter shall

(1) ensure that its accounting systems and its training activities meet the applicable standards set by AS 23.15.840(a);

(2) provide one or more of the program elements listed in AS 23.15.840(c);

(3) allow access to its records as provided in AS 23.15.840(d), and retain those records for at least three years after grant closeout; and

(4) comply with all other applicable provisions of AS 23.15.820 - 23.15.850 and this chapter.

(b) Subject to the limit set by AS 23.15.820(a)(3), allowable administrative costs are those allowable administrative costs set out in 20 C.F.R. 667.220, revised as of November 17, 2004, and adopted by reference.

History

Authority: AS 23.15.820; AS 23.15.840
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172

8 AAC 86.900 Definitions {#sec-8-aac-86.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 86.900}

In AS 23.15.820 - 23.15.850 and this chapter, unless the context requires otherwise,

(1) "board" means the Alaska Workforce Investment Board;

(2) "training" means an activity designed to instruct a participant; "training" includes classroom training, customized training, registered apprenticeship training, on-the-job training, skill- or industry-specific training, vocational training, literacy training, adult education, post-secondary training, and graduate training.

History

Authority: AS 23.15.820
Eff. 4/18/2002, Register 162; am 12/24/2004, Register 172; am 3/17/2022, Register 241

Chapter 87 State Training and Employment Program

8 AAC 87.010 Establishment of state training and employment program (STEP) {#sec-8-aac-87.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.010}

(a) As used in AS 23.15.620(a), "in-state job training" includes

(1) training for program eligible residents of this state to

(A) obtain new occupational skills;

(B) upgrade current skills and obtain credentials that are needed to retain or obtain employment; and

(2) training for program eligible residents of this state that will foster new jobs in priority industries and occupations, as determined by the department, based on the availability of a skilled labor force in this state.

(b) The department may approve the use of the financial resources of the program for training outside of this state for eligible residents of this state based on

(1) particular training needs of program eligible individuals;

(2) training priorities established by the department, using projections of occupational and industry workforce demand; or

(3) determination that priority industry or occupational-specific training is not available or is inadequate in this state.

(c) As used in AS 23.15.620(b), "to augment or improve public access" is to supplement or leverage existing training and employment assistance programs by providing

(1) training to more program eligible individuals than would otherwise have been trained without the use of the financial resources of the program;

(2) training and support services that cannot be paid by other sources of money; or

(3) training that may be used for expansion of existing training programs.

(d) Unless approved by the department, financial resources of the program may not be used to construct, modify, or otherwise alter existing equipment and facilities, or to finance acquisition of new equipment and facilities to improve physical access to training.

(e) Financial resources of the program may not be used to replace other money that a training entity, as described in AS 23.15.641(a)(3), has allocated for a particular training program or service or for the purpose of reducing the entity's existing share of money for a proposed training program.

History

Authority: AS 23.15.620; AS 23.15.636
Eff. 7/26/90, Register 115; am 9/30/94, Register 131; am 9/19/97, Register 143; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.015 Implementation of the program {#sec-8-aac-87.015 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.015}

(a) For the purpose of AS 23.15.636, the program will be jointly implemented by the board and department as follows:

(1) the board will review and approve priorities for the program and assist in the evaluation of proposals;

(2) the department is responsible for all remaining aspects of program implementation, including

(A) solicitation of proposals consistent with the priorities;

(B) selection of grantees and resolution of appeals;

(D) financing grant awards;

(E) assessment of grantee performance; and

(F) development of any policies affecting the implementation of the program.

(b) For the purpose of AS 23.15.636(5), when the board assists the department in the evaluation of proposals for grants, at least a simple majority of board members, or the member's designees, must participate in the evaluation. A participating board member, or a member's designee, may not have a conflict of interest as defined in the board's by-laws and in AS 39.52.220 and 9 AAC 52.

History

Authority: AS 23.15.636
Eff. 6/18/2010, Register 194

8 AAC 87.020 Purpose of program {#sec-8-aac-87.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.020}

Repealed.

History

Eff. 7/26/90, Register 115; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.030 Pilot program {#sec-8-aac-87.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.030}

Repealed.

History

Eff. 7/26/90, Register 115; am 8/22/92, Register 123; am 9/30/94, Register 131; am 9/19/97, Register 143; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.040 Residency {#sec-8-aac-87.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.040}

Each program participant must be a resident of this state, as described in AS 01.10.055.

History

Authority: AS 23.15.635; AS 23.15.636
Eff. 7/26/90, Register 115; am 6/18/2010, Register 194

8 AAC 87.045 Program eligibility {#sec-8-aac-87.045 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.045}

(a) As used in AS 23.15.643(2), "five years" means the 60 months immediately preceding the date that the person applies for assistance under the program.

(b) As used in AS 23.15.643(3), "improve the person's prospects" means to maintain or improve the person's competiveness in the labor market or improve the person's earnings potential as evidenced by

(1) a potential for increase in wage and salary earnings after training; or

(2) the prospect of employment at wage and salary earnings comparable to previous employment and related to the training received.

History

Authority: AS 23.15.635; AS 23.15.636; AS 23.15.643
Eff. 8/22/92, Register 123; am 9/19/97, Register 143; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.050 Period of eligibility {#sec-8-aac-87.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.050}

Repealed.

History

Eff. 7/26/90, Register 115; repealed 6/18/2010, Register 194

8 AAC 87.060 Verification of displacement from employment {#sec-8-aac-87.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.060}

Repealed.

History

Eff. 7/26/90, Register 115; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.070 Demonstration required by employment assistance and training entity {#sec-8-aac-87.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.070}

To be eligible for a grant under the program, a person applying for the grant must demonstrate to the satisfaction of the department that the person's accounting system

(1) is able to provide information on grant awards, authorizations, obligations, unobligated balances, assets, liabilities, revenues, and expenses;

(2) has effective control and accountability for all grant cash, property, and other assets;

(3) has the capability to compare planned or budgeted expenditures with actual expenditures; and

(4) is able to provide accurate, current, and complete disclosure of the financial results of the grant activities.

History

Authority: AS 23.15.636; AS 23.15.641
Eff. 7/26/90, Register 115; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.080 Services to participants {#sec-8-aac-87.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.080}

(a) A grant awarded under the program may be used only for expenditures that are

(1) necessary and reasonable for the completion of the training and employment assistance activities in accordance with AS 23.15.620 - 23.15.660, this chapter, and the grant agreement and budget; and

(2) supported by appropriate source documents, including

(A) cancelled checks;

(B) invoices;

(D) paid bills;

(E) payroll and time and attendance records;

(F) contracts;

(G) tax records; and

(H) other similar documents.

(b) The failure of a grantee to document expenditure of financial resources of the program as required in (a) of this section may result in denial of future awards.

(1) in which an individual must be proficient for employment within a specific industry or business or occupation; and

(2) for which labor market information indicates there is a high likelihood of employment following the training even though there is not a firm commitment for hiring.

(d) On-the-job training includes training provided at the work site for which the employer is reimbursed for the extra cost associated with the training. Reimbursement is determined by the department based on a percentage of the participant's wages.

(e) Institutional or classroom job-linked training is training for participants during which one or more employers have expressed a willingness to hire participants who successfully complete the training.

(f) As used in AS 23.15.641 (b)(4), assistance for relocation expenses must be for relocating the eligible person exclusively within this state and there is a commitment of employment. Annually, the department will determine the amount of assistance for relocation expenses that may be reimbursed by the program based on the availability of financial resources of the program.

(g) The department may allocate financial resources of the program to provide basic tools, work clothing, safety gear, and other items needed to attend training or become employed if the department determines that the items are necessary and reasonable for training or employment in the occupation for which the person is receiving or has received the training. In making the determination of necessary and reasonable, the department may consider industry standards, employer requirements, and employer or training provider policies.

History

Authority: AS 23.15.636; AS 23.15.641
Eff. 7/26/90, Register 115; am 8/22/92, Register 123; am 9/19/97, Register 143; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.085 Grants; availability of alternative sources of funds for services {#sec-8-aac-87.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.085}

Repealed.

History

Eff. 11/28/2001, Register 160; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.090 Limitations on services {#sec-8-aac-87.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.090}

Based on the availability of appropriations, the department will annually determine if the limit will be established on the amount of assistance a participant may receive under the program.

History

Authority: AS 23.15.636; AS 23.15.641
Eff. 7/26/90, Register 115; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.100 Terms and conditions of the grant {#sec-8-aac-87.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.100}

Repealed 8/22/92.

8 AAC 87.110 Targeted projects or services {#sec-8-aac-87.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.110}

Repealed.

History

Eff. 7/26/90, Register 115; am 8/22/92, Register 123; am 9/19/97, Register 143; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.120 Participant priority {#sec-8-aac-87.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.120}

Repealed.

History

Eff. 7/26/90, Register 115; am 8/22/92, Register 123; am 9/30/94, Register 131; am 9/19/97, Register 143; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.130 Pilot project grants {#sec-8-aac-87.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.130}

Repealed 8/22/92.

8 AAC 87.135 Repayment by former participants {#sec-8-aac-87.135 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.135}

Repealed.

History

Eff. 11/28/2001, Register 160; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.136 Collection procedures {#sec-8-aac-87.136 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.136}

Repealed.

History

Eff. 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.140 Employment assistance and training entity performance {#sec-8-aac-87.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.140}

Repealed 8/22/92.

8 AAC 87.150 Accounting procedures {#sec-8-aac-87.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.150}

(a) A person who is awarded a grant under the program shall

(1) establish a separate fund and accounting codes for receipt and disbursement of grant money under this chapter;

(2) administer the grant money according to the requirements established in 8 AAC 87.070(a); and

(3) provide regular periodic reporting to the department of

(A) grant-financed activities as prescribed in the grant agreement; and

(B) the disposition of financial resources identified in the grant.

(b) Repealed 6/18/2010.

History

Authority: AS 23.15.636; AS 23.15.641
Eff. 7/26/90, Register 115; am 9/19/97, Register 143; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.160 Provision accountability {#sec-8-aac-87.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.160}

Annually the department will report on the performance of the program and the established priorities required in AS 23.15.636(4). The report will include an accounting of the program receipts and expenditures for the year of performance being reported.

History

Authority: AS 23.15.636; AS 23.15.652
Eff. 7/26/90, Register 115; am 9/19/97, Register 143; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.170 Records inspection and retention; program monitoring {#sec-8-aac-87.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.170}

(a) A person awarded a grant under the program shall maintain all appropriate records related to the grant, including

(1) records used for determining an individual's eligibility to receive training or employment assistance under the program;

(2) training curricula and related materials;

(3) participant attendance at the training;

(4) testing materials and results;

(5) any certifications or other credentials earned by participants as a result of the training;

(6) all accounting records related to the receipt and expenditure of financial resources of the program and other contributed or leveraged money;

(7) all reports submitted to the department and all documents supporting how the reports were prepared;

(8) any other documents that record the activities which occurred under the grant or through the use of financial resources of the program; and

(9) any documents that the department may require as a condition of the grant.

(b) A person awarded a grant shall maintain the grant related records required under this section for at least the five years after the date the grant is formally closed. If the person has an unresolved audit finding, questioned costs, litigation, or grievance at the end of the five-year period, the department will require the person to maintain the case records until the matter is fully resolved.

(c) A person awarded a grant shall ensure that any sub-grantee or sub-contractor funded under a grant from the program maintain all grant related records in accordance with (a) and (b) of this section.

(d) A person awarded a grant under the program shall ensure that the person's records, and the records of any subcontractor or sub-grantee, relevant to the expenditure of money received under a program grant are available to the department for periodic monitoring. The records must be made available for inspection within 24 hours after the request by the department.

History

Authority: AS 23.15.636; AS 23.15.652
Eff. 7/26/90, Register 115; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.180 Administrative costs {#sec-8-aac-87.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.180}

Subject to the limit set by AS 23.15.652(b), allowable administrative costs are those set out in 20 C.F.R. 667.220, as revised as of November 17, 2004, and adopted by reference.

History

Authority: AS 23.15.636; AS 23.15.652
Eff. 7/26/90, Register 115; am 9/19/97, Register 143; am 11/28/2001, Register 160; am 12/24/2004, Register 172; am 6/18/2010, Register 194

8 AAC 87.190 Date of reports {#sec-8-aac-87.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.190}

Repealed.

History

Eff. 7/26/90, Register 115; am 9/19/97, Register 143; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.200 Financial reports {#sec-8-aac-87.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.200}

Repealed.

History

Eff. 7/26/90, Register 115; am 9/19/97, Register 143; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.210 Performance report {#sec-8-aac-87.210 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.210}

Repealed.

History

Eff. 7/26/90, Register 115; am 9/19/97, Register 143; am 12/24/2004, Register 172; repealed 6/18/2010, Register 194

8 AAC 87.220 Reconsideration and appeals {#sec-8-aac-87.220 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.220}

(a) A person that receives a notice of denial of award from the department may file a written request for reconsideration under this section to the commissioner no later than 10 working days after the date of the notice.

(b) The notice of denial of award from the department will include information describing the reasons the proposal was denied by the department. The written request for reconsideration must address the reasons the proposal was not recommended for award by the department.

(c) No later than 10 working days from receipt of the request for reconsideration, the commissioner will make and issue a written decision on the request.

(d) The commissioner may reconsider a proposal for an award if the person requesting reconsideration under this section demonstrates one or more of the following:

(1) shows that there has been a substantial change in the circumstances that led to the denial;

(2) provides relevant information to the department that was not available when the denial was made; or

(3) shows that the department's decision contains a technical, legal, or administrative error or misinterpretation of data, the correction of which might reverse the decision.

(e) If the commissioner does not issue a written decision on or before the 10th working day after a request for reconsideration is received, the request is considered denied.

(f) The commissioner's decision on a request for reconsideration constitutes the final determination of the department.

(g) If the commissioner grants the request for reconsideration, the person making the request under this section will be contacted by the department to negotiate the terms of an award.

(h) If the commissioner denies the request for reconsideration, the commissioner's decision is the final determination of the department. The commissioner's decision is subject to judicial review in accordance with Rule 602 of the Alaska Rules of Appellate Procedure.

(i) If a person does not file a request for reconsideration on or before the date established under (a) of this section, the department's decision constitutes the final determination of the department.

History

Authority: AS 23.15.636; AS 23.15.654
Eff. 6/18/2010, Register 194

8 AAC 87.990 Definitions {#sec-8-aac-87.990 omnilex-key=us-ak-regs-official--title-8--8 AAC 87.990}

In AS 23.15.620 - 23.15.660 and this chapter,

(1) "board" means the Alaska Workforce Investment Board;

(2) "department" means the Department of Labor and Workforce Development;

(3) "program" means the state training and employment program established under AS 23.15.620 - 23.15.660;

(4) "working day" means a day other than Saturday, Sunday, or a state holiday.

History

Authority: AS 23.15.620; AS 23.15.654 AS 23.15.636; AS 23.15.660
Eff. 7/26/90, Register 115; am 8/22/92, Register 123; am 9/19/97, Register 143; am 12/24/2004, Register 172; am 6/18/2010, Register 194

Chapter 88 Displaced Homemakers’ Program

Article 1 Introductory Provisions

8 AAC 88.010 Introduction {#sec-8-aac-88.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.010}

The purpose of the displaced homemakers' program is to provide services which could enable displaced homemakers to gain independence and economic security while also improving their health and welfare. These services may include counseling, aptitude testing, training, placement in employment, and specific services as needed on an individual basis. These services will be provided through contracts with private profit and nonprofit corporations for multipurpose service centers for displaced homemakers.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.020 Delegation of authority {#sec-8-aac-88.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.020}

The commissioner delegates the authority of the department under AS 47.90.010 to the employment security division of the department.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.030 Eligibility for contracting {#sec-8-aac-88.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.030}

To be eligible for a contract to operate a multipurpose service center for displaced homemakers under AS 47.90.010, an applicant must be a private profit or nonprofit corporation authorized to do business in Alaska and be governed by a board of directors whose membership is representative of the community in which it operates.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.040 Evaluation of contract proposals {#sec-8-aac-88.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.040}

Each eligible applicant who applies for a contract will be evaluated for coordination with other agencies to provide needed services, the experience and capability to perform the work required, program design and implementation plan, administrative capability, reasonableness of proposal cost, and reasonableness of proposed services compared to participant population area.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.050 Competitive negotiation method of contract award {#sec-8-aac-88.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.050}

(a) All contracts will be awarded through open competition in accordance with AS 36.98 and 2 AAC 60.

(b) The department will negotiate a cost-reimbursable contract with each successful applicant.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

Article 2 Conditions of Contracting

8 AAC 88.060 Proposals {#sec-8-aac-88.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.060}

A contract proposal for a displaced homemakers' program multipurpose service center under AS 47.90 must be submitted to the department on forms prescribed by the director.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.070 Accounting procedures {#sec-8-aac-88.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.070}

A contractor shall ensure that its accounting system establishes a separate fund and accounting codes for receipt and disbursement of displaced homemakers' program money. The contractor shall furnish the division a copy of its annual audit or statement of income and expenditures.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.080 Provision of program data {#sec-8-aac-88.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.080}

A contractor shall provide the division with program statistics, financial records, or participant statistics within 30 days after receipt of a written request for that information, or as otherwise required in the contract.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.085 Program monitoring and audit {#sec-8-aac-88.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.085}

All records of the contractor relevant to the expenditure of money received under this program must be available to the state for periodic monitoring and for audit within 24 hours after request.

History

Authority: AS 47.90.010
Eff. 2/17/83, Register 85

8 AAC 88.090 Use of program money {#sec-8-aac-88.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.090}

(a) Money received by a contractor under the program must be used to provide services to displaced homemakers. Services which may be provided are outlined in AS 47.90.020.

(b) A contractor may subcontract with existing agencies for the provision of services outlined in AS 47.90.020, subject to conditions of the contract.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.100 Requirements for payment {#sec-8-aac-88.100 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.100}

To receive payment under a contract, a contractor shall submit the following to the department on forms provided by the division:

(1) a quarterly financial report showing expenditures for the reporting period, the total expended to date, and the total amount available under the terms of the contract;

(2) a quarterly narrative report showing the status of the program;

(3) a quarterly statistical report outlined on forms provided, showing total enrollment, demographic characteristics, services provided, and results; and

(4) documentation of referrals of clients to other agencies with the purpose or description of service.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

Article 3 Contractors’ Administrative Responsibilities

8 AAC 88.105 Eligibility determination {#sec-8-aac-88.105 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.105}

(a) To be eligible for services and activities under the displaced homemakers' program, an individual must be certified by a contractor as meeting the following criteria:

(1) the individual has, for at least seven years, been a homemaker for a family without receiving a regular salary or wage;

(2) the individual has been unable to secure permanent, full-time employment; and

(3) the individual has either faced at least a 50 percent reduction in ongoing family income as the result of divorce, death, legal separation, desertion, or disability, or has been unable to meet necessary expenses such as food, housing, and child care because of a reduction in ongoing family income as the result of divorce, death, legal separation, desertion, or disability.

(b) Certification of a participant's eligibility must be recorded on a form provided by the division and signed by the participant.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.110 Employment of displaced homemakers {#sec-8-aac-88.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.110}

Staff positions made available through the operation of multipurpose service centers under AS 47.90.010, including supervisory, technical, and administrative positions, must be filled with displaced homemakers to the maximum extent possible.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.120 Employment assistance {#sec-8-aac-88.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.120}

A contractor shall assist each participant in developing an individual employment plan, and in preparing a resume and application for employment, including state employment.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.130 Maintenance of records {#sec-8-aac-88.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.130}

(a) A contractor shall maintain a case file for each participant enrolled in the program, which includes

(1) the participant's certification of eligibility;

(2) referral to other agencies;

(3) the participant's individual employment plan;

(4) job training or placement provided;

(5) workshops provided;

(6) follow-up documentation.

(b) The contents of a participant's file are confidential and may be released and disclosed only with the written consent of the participant, by court order, or at the request of a duly authorized government official. Information contained in a client's file may be released in a manner which does not identify individual participants.

(c) A government official who requests confidential information must provide a copy of the statute, regulation, or policy controlling disclosure of confidential information for his or her respective agency.

History

Authority: AS 47.90.010Art. I, Sec. 22, Ak. Const.
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

Article 4 General Provisions

8 AAC 88.160 Misrepresentation to obtain program money {#sec-8-aac-88.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.160}

(a) An individual or contractor who misrepresents material facts in order to receive program money or assistance under the program may not receive any benefit under the program and might be required to reimburse the department for any money received under the program.

(b) Any person who has information which supports a reasonable suspicion that an individual or contractor has deliberately misrepresented facts shall promptly notify the division. Upon receipt, the division will review this information and take further action as needed.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.170 Appeals {#sec-8-aac-88.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.170}

(a) An individual who receives or requests assistance under the program and who is adversely affected by a decision of a contractor or of the department may appeal the decision to the director of the division. An appeal must be made within 10 working days after the date of the decision. The director will make a decision on the appeal within 20 days after receipt of it.

(b) Within 30 days after receipt of a letter advising the individual that the director has denied the appeal, the individual may appeal the denial to the commissioner. The appeal must be in writing and must identify the part of the letter of denial to which the individual takes exception.

(c) The commissioner will review the appeal of the director's decision and make a final determination. The commissioner will affirm, reverse, or modify the director's decision. The individual will be notified in writing of the commissioner's decision, and the reasons for that decision, within 30 days after the decision.

(d) The commissioner's decision is the final decision of the department. The decision may be appealed under the Alaska Rules of Appellate Procedure, or as otherwise provided by law.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.180 Technical assistance {#sec-8-aac-88.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.180}

The division will make every reasonable effort to respond to a request by a potential or existing multipurpose service center contractor for technical assistance in preparing a contract application and in all aspects of program planning, administration, and implementation.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

8 AAC 88.190 Definitions {#sec-8-aac-88.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 88.190}

In this chapter

(1) "applicant" means a person who submits a contract proposal for a multipurpose service center for displaced homemakers as outlined in this chapter;

(2) "commissioner" means the commissioner of the Department of Labor and Workforce Development;

(3) "contractor" means a private profit or nonprofit corporation which has entered into a contract with the department to assume responsibility for the operation of a multipurpose service center for displaced homemakers;

(4) "cost reimbursement" means payment given to the contractor by the division for expenditures accrued on a periodic basis as agreed to in a contract, after the contractor submits all required reports;

(5) "department" means the Department of Labor and Workforce Development;

(6) "director" means the director of the employment security division of the department;

(7) "division" means the employment security division of the department;

(8) "family income" means money normally provided the family by an individual's spouse, money from child support or alimony payments, and money normally available to the individual from any other source, but does not include one-time cash settlements or payments, or income from state or federal income maintenance and assistance programs;

(9) "multipurpose service center" means a facility as described in AS 47.90.020;

(10) "participant" means a person who qualifies for the displaced homemakers' program under 8 AAC 88.105;

(11) "program" means the displaced homemakers' program.

History

Authority: AS 47.90.010
Eff. 9/23/82, Register 84; am 2/17/83, Register 85

Chapter 89 State Employment Training Program

Eff. 4/7/83, Register 86; repealed 12/24/2004, Register 172

Eff. 4/7/83, Register 86; repealed 12/24/2004, Register 172

Eff. 4/7/83, Register 86; repealed 12/24/2004, Register 172

Eff. 4/7/83, Register 86; repealed 12/24/2004, Register 172

Eff. 4/7/83, Register 86; repealed 12/24/2004, Register 172

Part 8 Certificates of Fitness

Chapter 90 Plumbers and Electricians

Article 1 Holder in Possession and Application for Certificate of Fitness

8 AAC 90.105 Holder in possession {#sec-8-aac-90.105 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.105}

(a) An individual engaged in the performance of work subject to the standards established in AS 18.60.580 and AS 18.60.705 shall have an appropriate certificate of fitness or a trainee certificate of fitness, except that an individual who has been certified by the Department of Environmental Conservation under AS 46.30 and 18 AAC 74 to install septic systems may also install associated septic sewer piping from within two feet of a serviced structure to the septic system without a plumber restricted PU certificate of fitness. A print or digital copy of the certificate must be in the individual's possession and available for inspection by the department when performing work in the trade.

(b) For purposes of AS 18.62.010, 18.62.070(1), and this section, work subject to the standards established in AS 18.60.580 does not include electrical maintenance within the limitations set out in 8 AAC 70.035.

History

Authority: AS 18.62.010; AS 18.62.070 AS 18.62.060; AS 23.05.060
Eff. 9/13/80, Register 75; am 6/14/84, Register 90; am 9/27/2008, Register 187; am 2/23/2011, Register 197; am 10/28/2023, Register 248

8 AAC 90.110 Application for certificate of fitness {#sec-8-aac-90.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.110}

An individual may obtain an application for a certificate of fitness from the office of the division in Anchorage, either in person or by mail, or by visiting the Mechanical Inspection website. In addition to the requirements listed under this chapter, an applicant shall provide the applicant's social security number to the department. Upon request, the department will provide the applicant's social security number to the child support services agency established under AS 25.27.010 or the child support enforcement agency of another state for child support enforcement purposes authorized under law.

History

Authority: AS 18.62.020; AS 18.62.060 AS 18.62.050; AS 25.27.244
Eff. 9/13/80, Register 75; am 6/14/84, Register 90; am 12/25/98, Register 148; am 11/17/99, Register 152; am 4/16/2022, Register 242; am 10/28/2023, Register 248

8 AAC 90.111 Reciprocity {#sec-8-aac-90.111 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.111}

(a) The department may reciprocate a plumbing or electrical certificate of fitness with any jurisdiction that has substantially similar requirements to the state.

(b) To determine if a jurisdiction has substantially similar requirements to the state, the department may consider

(1) the number of work hours required for licensure in the jurisdiction;

(2) whether the jurisdiction has a testing requirement;

(3) whether the jurisdiction requires membership in a registered apprenticeship program; and

(4) other factors the department determines are relevant to assess whether a jurisdiction's requirements are substantially similar to the state.

History

Authority: AS 18.62.050; AS 18.62.060
Eff. 8/8/2025, Register 255

8 AAC 90.112 Provisional certificate of fitness {#sec-8-aac-90.112 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.112}

(a) An applicant seeking a certificate under 8 AAC 90.111 and this section must hold a current certificate or license in another jurisdiction and must have held that license for a full year before the application date. The department may require the applicant to provide additional information to clarify the requirements of the jurisdiction where the current license is held.

(b) The department will issue a provisional certificate to the holder of a current electrical or plumbing journeyman certificate or license from another jurisdiction.

(c) An applicant who currently holds a substantially similar certificate or license to the state's electrical journeyman or plumbing journeyman certificate of fitness shall submit an application on a form provided by the department and a

(1) $50 application fee;

(2) $100 certificate fee, prorated as described in AS 18.62.030(a); and

(3) copy of the applicant's current license from another jurisdiction.

(d) A provisional certificate issued under this section expires on the earlier of the following dates:

(1) one year from the date the provisional certificate was issued; or

(2) the date the current certificate or license from another jurisdiction expires.

(e) When performing work under a provisional certificate issued under this section, the certificate holder shall

(1) carry both the provisional certificate and the current certificate or license from another jurisdiction; and

(2) perform work to the appropriate code in the state.

(f) The department may immediately cancel a provisional certificate if an applicant's

(1) application is incomplete or contains a false statement;

(2) credentials or accompanying documents are insufficient; or

(3) current certificate or license was not issued by another jurisdiction with substantially similar requirements to the state.

(g) A plumber journeyman provisional certificate holder may not perform gas work.

(h) The department will process a provisional certificate application as a reciprocal application under 8 AAC 90.111 and this section. If the department determines that an applicant's current certificate or license was issued by another jurisdiction that does not have substantially similar requirements to the state, the department will contact the applicant to request proof of hours. The applicant must take an examination before the department will issue a journeyman certificate to the applicant.

History

Authority: AS 18.62.020; AS 18.62.050 AS 18.62.040; AS 18.62.060
Eff. 8/8/2025, Register 255

8 AAC 90.115 Plumber and electrician examination {#sec-8-aac-90.115 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.115}

(a) Except as provided under (b) and (e) of this section, an individual who holds the appropriate trainee certificate of fitness may request an appointment to take an examination for electrician journeyman, power lineman journeyman, residential wireman, plumber journeyman, plumber restricted PG, or plumber restricted PU at the offices of the division in Juneau, Anchorage, and Fairbanks.

(b) An applicant may request that an examination be made available at a location not specified under (a) of this section by submitting a written request to the office of the division in Anchorage. In response to the applicant's written request, the department may

(1) if able to reasonably provide the resources to administer the examination at the applicant's requested location, make the examination available at the applicant's requested location;

(2) refer the applicant to an approved third-party testing facility; the applicant shall be responsible for the expense of taking an examination at a third-party testing facility; for an applicant's examination from a third-party testing facility to be valid, the third-party testing facility must provide the applicant with its own examination and provide documentation to the department that the applicant received a passing score; or

(3) refer the applicant to an approved exam proctor; the applicant shall be responsible for the expense of taking an examination provided by an exam proctor; for an applicant's examination from an exam proctor to be valid, the exam proctor must provide the applicant's examination to the department for grading.

(d) An applicant who fails to pass an examination administered by the department or conducted by proctor under this section is eligible to retake the examination 30 days after the date of the failed examination.

(e) A union based in the state may administer its own examination to an applicant under this section if an agreement on examination standards is in place between the union and the department. The union must provide documentation to the department that the applicant passed the examination with a score of not less than 70 percent by providing a sworn affidavit by a union official on a form provided by the department.

History

Authority: AS 18.62.050; AS 18.62.070 AS 18.62.060; AS 23.05.060
Eff. 12/25/98, Register 148; am 4/16/2022, Register 242; am 10/28/2023, Register 248

8 AAC 90.120 Appeal certificate of fitness denial {#sec-8-aac-90.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.120}

A person whose application for a certificate of fitness under this chapter is denied may appeal the denial decision under the provisions of 8 AAC 90.190.

History

Authority: AS 18.62.020; AS 18.62.050; AS 18.62.060
Eff. 2/23/2011, Register 197

8 AAC 90.125 Definition {#sec-8-aac-90.125 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.125}

In 8 AAC 90.105 - 8 AAC 90.125, "jurisdiction" means

(1) a state within the meaning given in AS 01.10.060;

(2) a local government within a state, if the local government issues certificates of fitness or licenses to journeyman electricians or journeyman plumbers.

History

Authority: AS 18.62.020; AS 18.62.060
Eff. 8/8/2025, Register 255

Article 2 Plumber Certificate of Fitness

8 AAC 90.130 Plumber journeyman certificate of fitness {#sec-8-aac-90.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.130}

(a) A plumber journeyman certificate of fitness authorizes the holder of the certificate to perform work that is subject to the standards established in AS 18.60.705 and 8 AAC 63.010.

(b) A plumber journeyman certificate of fitness will be issued by the department upon payment of the applicable fees required by AS 18.62.030, if the applicant

(1) passes an examination that meets the requirements set out under 8 AAC 90.115; and

(2) submits one of the following:

(A) documented proof on a notarized form provided by the department, or by notarized statements on letterhead stationery from employers, that the applicant has a minimum of 8,000 hours of legally obtained work experience in work subject to the standards established by the local authority having jurisdiction if the standards are at least as stringent as those established in AS 18.60.705 and 8 AAC 63.010; or

(B) a sworn affidavit from an official of an Alaska-based union, on a form provided by the department, that demonstrates that the applicant meets the experience requirements set out in (A) of this paragraph; the affidavit must specify

(i) the number of qualifying hours of experience the applicant claims for classification for which the applicant seeks certification;

(ii) the inclusive dates during which the hours claimed in (i) of this subparagraph were worked; and

(iii) the type of work performed and the name of each contractor for whom the work was performed.

(1) 500 hours of plumber restricted PU work toward the work experience required in (b) of this section; or

(2) 2,000 hours of plumber restricted PG work toward the work experience required in (b) of this section.

(d) Classroom hours earned in a United States Department of Labor registered apprenticeship program or accredited educational training program in the plumbing field may be substituted for up to 1,000 hours of work experience required under (b) of this section.

History

Authority: AS 18.62.020; AS 18.62.050; AS 18.62.070 AS 18.62.030; AS 18.62.060
Eff. 9/13/80, Register 75; am 12/25/98, Register 148; am 11/1/2000, Register 156; am 9/27/2008, Register 187; am 5/9/2018, Register 226; am 4/16/2022, Register 242; am 10/28/2023, Register 248

8 AAC 90.135 Plumber restricted PG certificate of fitness {#sec-8-aac-90.135 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.135}

(a) A plumber restricted PG certificate of fitness authorizes the holder of the certificate to install fuel and gas piping within property lines of the premises.

(b) A plumber restricted PG certificate of fitness will be issued by the department upon payment of the applicable fees required by AS 18.62.030, if the applicant

(1) submits documented proof of legally obtained experience on a notarized form provided by the department, or by notarized statements on letterhead stationery from employers, that the applicant

(A) has worked for at least 2,000 hours installing fuel and gas piping within property lines of the premises;

(B) has a minimum of 4,000 hours' work experience in plumbing work subject to the standards established in AS 18.60.705 and 8 AAC 63.010; and

(2) submits to the department, on a form provided by the department, a sworn affidavit from an official of a union based in the state that demonstrates that the applicant meets the work experience requirements set out under (1) of this subsection and has passed an examination that meets the requirements set out under 8 AAC 90.115; the affidavit must specify

(A) the number of qualifying hours' experience the applicant claims for the classification for which the applicant seeks certification; apprenticeship hours must be noted if apprenticeship hours are being used for qualification;

(B) the inclusive dates during which the hours claimed in (A) of this paragraph were worked; and

(c) An accredited apprenticeship classroom program or educational training in the plumbing field may be substituted for up to 500 hours' work experience in work that is subject to the standards established in AS 18.60.705 and 8 AAC 63.010.

History

Authority: AS 18.62.030; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 9/13/80, Register 75; am 12/25/98, Register 148; am 9/27/2008, Register 187; am 10/28/2023, Register 248

8 AAC 90.137 Plumber restricted PU certificate of fitness {#sec-8-aac-90.137 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.137}

(a) A plumber restricted PU certificate of fitness authorizes the holder of the certificate to install

(1) water service piping from the street, right-of-way main, water well, or storage tank to the first stop valve of the serviced structure or other point of use or distribution on the serviced property;

(2) building sewer piping from within two feet of a serviced structure to a public sewer, private sewer, private sewage disposal system, or other point of disposal; and

(3) building storm drains that receive the discharge of roof drains, leaders, downspouts, or conductors, if the storm drains are installed from within two feet of a commercial structure, or from within two feet of a residential structure of four or more dwelling units, to the street, the right-of-way main line, or a point of disposal approved by the federal, state, or local agency having jurisdiction.

(b) A plumber restricted PU certificate of fitness will be issued by the department upon payment of the applicable fees required by AS 18.62.030, if the applicant

(1) submits documented proof of experience on a notarized form provided by the department, or by notarized statement on letterhead stationery from employers, that the applicant has worked for at least 1,000 hours installing water, sewer, or storm lines subject to the standards established in AS 18.60.705 and 8 AAC 63.010, and has passed an examination that meets the requirements set out under 8 AAC 90.115; or

(2) submits to the department, on a form provided by the department, a sworn affidavit from an official of a union based in the state that demonstrates that the applicant meets the work experience requirements set out under (1) of this subsection, and has passed an examination that meets the requirements set out under 8 AAC 90.115; the affidavit must specify

(B) the inclusive dates during which the hours claimed in (A) of this paragraph were worked; and

(c) An accredited apprenticeship classroom program or educational training in the plumbing field may be substituted for up to 125 hours' work experience in work that is subject to the standards established in AS 18.60.705 and 8 AAC 63.010.

(d) Repealed 2/23/2011.

(e) Repealed 2/23/2011.

History

Authority: AS 18.62.030; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 12/25/98, Register 148; am 9/27/2008, Register 187; am 2/23/2011, Register 197; am 10/28/2023, Register 248

8 AAC 90.140 Plumber trainee certificate of fitness {#sec-8-aac-90.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.140}

(a) A trainee certificate of fitness authorizes the holder to perform work subject to the standards established in AS 18.60.705 and performed under the conditions set out under this section.

(b) The department will issue a trainee certificate of fitness upon payment of the applicable fees required by AS 18.62.030 if the applicant submits documented proof of indenture in an apprentice plumber program accredited by the United States Department of Labor, Office of Apprenticeship.

(c) The ratio of individuals working under trainee certificates on a job site may not be more than two plumber trainees for every certified plumber journeyman.

(d) Repealed 8/8/2025.

(e) Repealed 8/8/2025.

History

Authority: AS 18.62.030; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 9/13/80, Register 75; am 6/14/84, Register 90; am 12/25/98, Register 148; am 9/25/2002, Register 163; am 12/6/2003, Register 168; am 6/14/2006, Register 178; am 9/27/2008, Register 187; am 4/16/2022, Register 242; am 8/8/2025, Register 255

8 AAC 90.145 Plumber utility trainee certificate of fitness {#sec-8-aac-90.145 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.145}

(a) A trainee certificate of fitness authorizes the holder to perform work subject to the standards established in AS 18.60.705 and 8 AAC 90.137(a) performed under the conditions set out under this section. If the trainee's job requires the trainee to perform work subject to the standards of AS 18.60.705 and beyond the limits of the plumber utility specialist, the trainee must be licensed subject to the requirements of 8 AAC 90.140.

(b) The department will issue a trainee certificate of fitness upon payment of the applicable fees required by AS 18.62.030, if the applicant submits a notarized letter from the applicant's employer on company letterhead stating that the

(1) trainee will be under the direct supervision of a journeyman plumber or a restricted plumber PU certificate of fitness holder at all times while performing to the code; and

(2) trainee's activities will be limited exclusively to the functions outlined in 8 AAC 90.137 while performing the functions of a plumber utility specialist.

(c) The ratio of individuals working under trainee certificates on a job site may not be more than two plumber utility trainees for every certified plumber journeyman.

(d) Repealed 8/8/2025.

History

Authority: AS 18.62.030; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 2/23/2011, Register 197; am 8/8/2025, Register 255

8 AAC 90.150 Plumber examination {#sec-8-aac-90.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.150}

Repealed.

History

Eff. 9/13/70, Register 75; am 6/14/84, Register 90; repealed 12/25/98, Register 148

Article 3 Electrician Certificate of Fitness

8 AAC 90.160 Electrician journeyman certificate of fitness {#sec-8-aac-90.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.160}

(a) An electrician journeyman certificate of fitness authorizes the holder of the certificate to perform work that is subject to the standards of the National Electrical Code established in AS 18.60.580 and 8 AAC 70.025.

(b) An electrician journeyman certificate of fitness will be issued by the department upon payment of the applicable fees required by AS 18.62.030, if the applicant

(1) has passed an examination that meets the requirements set out under 8 AAC 90.115; and

(2) submits one of the following:

(A) documented proof on a notarized form provided by the department, or notarized statements on letterhead stationery from employers, that the applicant has a minimum of 8,000 hours of work experience subject to standards of the National Electrical Code established in AS 18.60.580 and 8 AAC 70.025; or

(B) a sworn affidavit from an official of an Alaska-based union, on a form provided by the department, that demonstrates that the applicant meets the work experience requirements set out in (A) of this paragraph; the affidavit must specify

(i) the number of qualifying hours of experience the applicant claims for the classification for which the applicant seeks certification;

(ii) the inclusive dates during which the hours claimed in (i) of this subparagraph were worked; and

(iii) the type of work performed and the name of each contractor for whom the work was performed.

(c) The department will count no more than 2,000 hours of residential electrical work towards the minimum of 8,000 hours' work experience required under this section.

(d) Classroom hours earned in a United States Department of Labor registered apprenticeship program or accredited educational training program in the electrical field may be substituted for up to 1,000 hours of work experience required under this section.

(e) Up to 1,000 hours of experience as a power lineman may be used to meet the work experience requirements of this section.

(f) Experience as a maintenance electrician may not be used to meet the work experience requirements of this section.

(g) Repealed 8/8/2025.

History

Authority: AS 18.62.020; AS 18.62.050; AS 18.62.070 AS 18.62.030; AS 18.62.060
Eff. 9/13/80, Register 75; am 12/25/98, Register 148; am 12/17/99, Register 152; am 9/25/2002, Register 163; am 9/27/2008, Register 187; am 5/9/2018, Register 226; am 10/28/2023, Register 248; am 8/8/2025, Register 255

8 AAC 90.162 Power lineman journeyman certificate of fitness {#sec-8-aac-90.162 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.162}

(a) A power lineman journeyman certificate of fitness authorizes the holder of the certificate to perform the work that is described in 8 AAC 90.900(17) and subject to the National Electrical Safety Code established in AS 18.60.580 and 8 AAC 70.025.

(b) A power lineman journeyman certificate of fitness will be issued by the department upon payment of the applicable fees required by AS 18.62.030, if the applicant

(1) passes an examination that meets the requirements set out under 8 AAC 90.115; and

(2) submits one of the following:

(A) documented proof on a notarized form provided by the department, or notarized statements on letterhead stationery from employers, that the applicant has a minimum of 8,000 hours of work experience subject to the National Electrical Safety Code established in AS 18.60.580 and 8 AAC 70.025; or

(i) the number of qualifying hours of experience the applicant claims for the classification for which the applicant seeks certification;

(ii) the inclusive dates during which the hours claimed in (i) of this subparagraph were worked; and

(iii) the type of work performed and the name of each contractor for whom the work was performed.

(c) Classroom hours earned in a United States Department of Labor registered apprenticeship program or accredited educational training program in the electrical field may be substituted for up to 1,000 hours of work experience required under this section.

(d) Experience as an electrician may be substituted for up to 1,000 hours' work experience required under this section.

(e) Experience as a maintenance electrician may not be used to meet the work experience requirements of this section.

History

Authority: AS 18.62.020; AS 18.62.050; AS 18.62.070 AS 18.62.030; AS 18.62.060
Eff. 12/25/98, Register 148; am 9/25/2002, Register 163; am 9/27/2008, Register 187; am 5/9/2018, Register 226; am 4/16/2022, Register 242; am 10/28/2023, Register 248

8 AAC 90.164 Residential wireman certificate of fitness {#sec-8-aac-90.164 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.164}

(a) A residential wireman certificate of fitness authorizes the holder of the certificate to perform work that is described in 8 AAC 90.900(18).

(b) A residential wireman certificate of fitness will be issued by the department upon payment of the applicable fees required by AS 18.62.030, if the applicant

(1) submits documented proof on a notarized form provided by the department, or notarized statements on letterhead stationery from employers, that the applicant has a minimum of 4,000 hours of work experience as a residential wireman, and has passed an examination that meets the requirements set out under 8 AAC 90.115; or

(2) submits to the department, on a form provided by the department, a sworn affidavit from an official of a union based in the state that demonstrates that the applicant meets the work experience requirements set out in (1) of this subsection and has passed an examination that meets the requirements set out under 8 AAC 90.115; the affidavit must specify

(B) the inclusive dates during which the hours claimed in (A) of this paragraph were worked; and

(c) An accredited apprenticeship classroom program or educational training in the electrical field may be substituted for up to 500 hours' work experience required under this section.

(d) Experience as a maintenance electrician may not be used to meet the work experience requirements of this section.

History

Authority: AS 18.62.030; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 12/25/98, Register 148; am 9/27/2008, Register 187; am 4/16/2022, Register 242; am 10/28/2023, Register 248

8 AAC 90.165 Electrician and power lineman trainee certificates of fitness {#sec-8-aac-90.165 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.165}

(a) A trainee certificate of fitness authorizes the holder to perform work subject to the standards established in AS 18.60.580 and performed under the conditions set out under this section.

(b) The department will issue a trainee certificate of fitness upon payment of the applicable fees required by AS 18.62.030, if the applicant submits documented proof of indenture in an apprentice electrician program accredited by the United States Department of Labor, Office of Apprenticeship.

(c) The ratio of individuals working under trainee certificates on a job site may not be more than two electrician trainees for every certified electrician journeyman or residential wireman, as applicable, or two power lineman trainees for every certified power lineman journeyman.

(d) Notwithstanding (a) - (c) of this section, a person holding a power lineman journeyman certificate of fitness may work as a trainee on a project within the scope of the National Electrical Code established in AS 18.60.580 and 8 AAC 70.025(a), a person holding a residential wireman certificate of fitness may work as a trainee on a project within the scope of the National Electrical Safety Code established in AS 18.60.580 and 8 AAC 70.025(b), and on a project within the scope of the National Electrical Code that is outside the scope of a residential wireman, and a person holding an electrical journeyman certificate of fitness may work as a trainee on a project within the scope of the National Electrical Safety Code.

(e) Repealed 8/8/2025.

(f) Apprentice programs must return trainee certificates surrendered under (e) to the Anchorage office of the mechanical inspection section not later than 30 days from the date of surrender.

History

Authority: AS 18.62.030; AS 18.62.060 AS 18.62.050; AS 18.62.070
Eff. 9/13/80, Register 75; am 6/14/84, Register 90; am 12/25/98, Register 148; am 12/17/99, Register 152; am 9/25/2002, Register 163; am 12/6/2003, Register 168; am 6/14/2006, Register 178; am 9/27/2008, Register 187; am 4/16/2022, Register 242; am 8/8/2025, Register 255

8 AAC 90.170 Electrician examination {#sec-8-aac-90.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.170}

Repealed.

History

Eff. 9/13/80, Register 75; am 6/14/84, Register 90; repealed 12/25/98, Register 148

Article 4 Renewal and Cancellation of Electrical and Plumbing Certificate of Fitness

8 AAC 90.180 Renewal of certificate of fitness {#sec-8-aac-90.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.180}

(a) The department will mail a notice of renewal to each certificate of fitness card holder's address currently on file, prior to the expiration date of the certificate.

(b) Except as provided in 8 AAC 90.192 - 8 AAC 90.200, the department will renew a standard certificate of fitness without reexamination if the certificate holder requests renewal of the certificate not later than two years after the expiration date of the certificate and pays the applicable fees under AS 18.62.030.

(1) requests renewal of the certificate of fitness;

(2) submits documented proof of indenture in an apprentice program accredited by the United States Department of Labor, Office of Apprenticeship; and

(3) pays the applicable fee required under AS 18.62.030.

(d) The certificate of fitness becomes invalid as of the date of expiration for purposes of performing work subject to AS 18.60.580 or 18.60.705.

History

Authority: AS 18.62.030; AS 18.62.060; AS 23.05.060 AS 18.62.040; AS 18.62.070
Eff. 9/13/80, Register 75; am 6/14/84, Register 90; am 12/25/98, Register 148; am 9/25/2002, Register 163; am 6/14/2006, Register 178; am 4/16/2022, Register 242

8 AAC 90.185 Cancellation of certificate of fitness {#sec-8-aac-90.185 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.185}

(a) The department may cancel a certificate of fitness upon a finding that the certificate holder

(1) falsified information furnished to the department on an application for a certificate of fitness;

(2) violated a cease and desist order issued by the department;

(3) has a history of performing substandard work to the extent that the public's best interest is jeopardized; or

(4) has failed to comply with state laws and regulations regarding the use of the certificate of fitness.

(b) If, after an investigation, the department finds that a violation described in (a) of this section has occurred, the department will notify the certificate holder by personal service or certified mail of its findings regarding the violation and its intention to cancel the certificate of fitness. The certificate holder has 20 days from the date of personal service or certified mailing of the notice of intent to cancel the certificate to request a hearing. The department's findings are final if the certificate holder does not timely request a hearing without good cause. The certificate holder must provide, in writing, the reasons why the certificate should not be cancelled and a summary of the facts opposing a cancellation. For the purposes of this subsection, "good cause" means

(1) a circumstance beyond the certificate holder's control that prevents the certificate holder from submitting a timely request for a hearing; or

(2) any other circumstance as determined on an individual basis by the director.

(c) If the department cancels a certificate holder's certificate of fitness, the certificate holder may apply for a new certificate of fitness 90 days after the previous certificate's cancellation date, or at an earlier time as determined by the director. To apply for a new certificate of fitness, the certificate holder must

(1) pass an examination administered by the department; and

(2) pay the applicable fees set out under AS 18.62.030.

History

Authority: AS 18.62.030; AS 18.62.060; AS 23.05.060 AS 18.62.040; AS 18.62.070
Eff. 9/13/80, Register 75; am 6/14/84, Register 90; am 12/25/98, Register 148; am 10/28/2023, Register 248; am 8/8/2025, Register 255

8 AAC 90.186 Hearing on cancellation of certificate of fitness {#sec-8-aac-90.186 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.186}

(a) A respondent may be represented by counsel. If counsel for a party notifies the division, in writing, that counsel is appearing in the matter on behalf of the party, service of notices, memoranda, recommendations, or other documents, will be considered sufficient if made on the party or counsel or both.

(b) The division will give notice to the respondent of the time and place of the hearing on an alleged violation under 8 AAC 90.185 by certified mail or by personal service at least 15 days before the hearing. The notice will contain a summary of investigative findings that will be considered at the hearing. Service to the current address a respondent has provided to the division for a certificate of fitness shall be considered valid service.

(c) The location of any oral hearing will be designated by the division considering the convenience of all persons involved. All hearings are public.

(d) The director will designate a hearing officer to preside over the hearing and to make findings of fact and conclusions of law to be used as a basis for the director's decision.

(e) The hearing officer has full authority to control the procedure of the hearing and to rule on all motions and objections.

(f) The hearing officer may admit any relevant evidence, regardless of the existence of any common law or statutory or court rule which might make the admission of the evidence over objection improper in civil actions, if it is evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but will not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The hearing officer may issue subpoenas at the request of either party or on the hearing officer's own motion.

(g) Evidence must be given under oath or affirmation. If an oral hearing is held, a record of the proceedings will be kept.

(h) The hearing officer, respondent, and complainant may

(1) call and examine witnesses;

(2) cross-examine opposing witnesses on any matter relevant to the issue at hand, even if that matter was not covered in direct examination; and

(3) introduce exhibits.

(i) If the respondent does not testify on the respondent's own behalf, the respondent may be called and examined as if under cross-examination.

(j) The hearing officer may, for good cause shown, continue a hearing from day to day or recess it to a later date or to a different place by announcement at the hearing or by notice.

(k) The department has the burden of proving that the alleged violations have occurred. The standard of proof required is by a preponderance of the evidence.

History

Authority: AS 18.62.040; AS 18.62.070 AS 18.62.060; AS 23.05.060
Eff. 12/25/98, Register 148

8 AAC 90.187 Decision from hearing on cancellation of certificate of fitness {#sec-8-aac-90.187 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.187}

(a) The hearing officer will prepare a written recommendation to the director containing findings of fact and conclusions of law. A copy of the recommendations will be mailed or otherwise delivered to the respondent and to the complainant, if any. The director may accept the recommendations, in part or in whole, or may remand the matter for further hearing. The director must act upon the hearing officer's recommendation and render a decision within 30 days of receiving the recommendation from the hearing officer.

(b) Upon making a decision, the director will serve it upon the respondent and complainant, if any, by personal service or certified mail.

(c) A person whose certificate of fitness has been cancelled shall return the certificate to the director within 30 days after the date of personal service or the certified mailing of the decision that the person's certificate has been cancelled.

History

Authority: AS 18.62.040; AS 18.62.070 AS 18.62.060; AS 23.05.060
Eff. 12/25/98, Register 148

8 AAC 90.190 Appeal of denial of renewal or cease work order {#sec-8-aac-90.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.190}

(a) A denial of a request to renew a certificate for failure to meet the requirements of 8 AAC 90.180, or a notice under 8 AAC 90.205(c) to cease work, are final unless the person affected files an appeal with the commissioner within 30 days after receipt of the notice of denial of renewal or to cease work. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) The commissioner's decision will be based upon the department's record, including the written appeal, and will state the facts relied upon by the commissioner in deciding the matter.

(c) The commissioner will, in his or her discretion, hold a hearing on the appeal to supplement the record where clarification or additional facts are necessary for a proper resolution of the appeal.

(d) A hearing held under this section will be conducted in accordance with AS 44.62.330 - 44.62.640 in the Administrative Procedure Act, except that the director or the director's designee shall act as the hearing officer.

(e) Within 30 days after the hearing, a copy of the decision will be sent to the appellant. Within 30 days after the decision is issued, the appellant may appeal to the superior court.

(f) Repealed 12/25/98.

History

Authority: AS 18.62.040; AS 18.62.060; AS 23.05.060
Eff. 6/14/84, Register 90; am 12/25/98, Register 148

Article 5 Continuing Education

8 AAC 90.192 Hours of continuing education for plumber journeyman and electrician journeyman certificate of fitness {#sec-8-aac-90.192 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.192}

(a) Before a plumber journeyman or electrician journeyman certificate of fitness is renewed under 8 AAC 90.180, the certificate holder must provide proof to the department that the continuing education requirements set out in this section have been met. To be considered by the department for the current renewal period, the continuing education must have been completed during the 24-month period before the request for renewal of the certificate is made.

(b) An applicant for renewal of an electrician journeyman certificate of fitness must satisfactorily complete an approved program, within the preceding 24-month period, of at least 16 hours. At least eight hours must cover significant changes or updates to the National Electrical Code, as adopted by AS 18.60.580 and 8 AAC 70.025, and no more than eight hours may be industry related.

(c) An applicant for renewal of a plumber journeyman certificate of fitness must satisfactorily complete at least 16 hours of continuing education workshops, formal correspondence programs, individual study programs, or a combination approved by the department within the preceding 24-month period. At least eight hours must cover significant changes or updates to the Uniform Plumbing Code as adopted by AS 18.60.705 and 8 AAC 63.010. Not more than eight hours may be industry related.

(d) An authorized provider of a course of instruction may use that course for credit towards renewal of the provider's certificate of fitness if the course was presented within the 24-month period before application for renewal.

History

Authority: AS 18.62.030; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 12/25/98, Register 148; am 9/25/2002, Register 163; am 9/27/2008, Register 187; am 2/23/2011, Register 197; am 10/23/2014, Register 212; am 4/16/2022, Register 242; am 8/8/2025, Register 255

8 AAC 90.194 Approved plumber and electrician workshops {#sec-8-aac-90.194 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.194}

(a) The director may approve a continuing education program if

(1) the course has been approved by the Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing under 12 AAC 39.420 before the training date; or

(2) at least 30 days before the training date, the course provider provides a description of the program and the number of hours of instruction to the director, the program must be based on either the currently adopted or newer edition of the Uniform Plumbing Code for plumber journeymen or the National Electrical Code for electrician journeymen and require participants to register.

(b) the provider must provide verification of satisfactory completion of the program to each participant in the form of a completion certificate. The completion certificate must include the

(A) name of the sponsoring organization;

(B) location of the workshop or course;

(D) name of the principal instructor;

(E) dates of attendance or period of instruction; and

(F) number of continuing education hours claimed.

History

Authority: AS 18.62.020; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 12/25/98, Register 148; am 9/25/2002, Register 163; am 2/23/2011, Register 197; am 4/16/2022, Register 242

8 AAC 90.195 Formal correspondence and individual study {#sec-8-aac-90.195 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.195}

The director will approve a formal correspondence or individual study program if the formal correspondence or other individual study program

(1) pertains to the standards set out in AS 18.60.705 and 8 AAC 63.010 for a plumber journeyman and in AS 18.60.580 and 8 AAC 70.025 for an electrician journeyman;

(2) requires registration of the participants; and

(3) provides evidence of continuing education credit awarded for the satisfactory completion of the formal correspondence or individual study program.

History

Authority: AS 18.62.020; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 12/25/98, Register 148; am 2/23/2011, Register 197

8 AAC 90.196 Report of continuing education for plumber journeyman and electrician journeyman certificates of fitness {#sec-8-aac-90.196 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.196}

(a) At the time of application for renewal, an applicant renewing a journeyman certificate of fitness under 8 AAC 90.180 shall submit evidence that the applicant satisfactorily completed the requirements set out under 8 AAC 90.192. The evidence of completion must be in the form of a certificate that meets the requirements set out under 8 AAC 90.194(b).

(b) Falsification of any evidence submitted to the department under this section is grounds for disciplinary action under 8 AAC 90.185.

History

Authority: AS 18.62.020; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 12/25/98, Register 148; am 9/27/2008, Register 187; am 2/23/2011, Register 197; am 4/16/2022, Register 242

8 AAC 90.198 Waiver of continuing education for plumber journeyman and electrician journeyman certificates of fitness {#sec-8-aac-90.198 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.198}

An applicant that is unable to obtain the required continuing education hours for a plumber journeyman or electrician journeyman certificate of fitness renewal may request a waiver by explaining the circumstances in writing to the director. If the director determines that the applicant was prevented from complying with the continuing education requirements by circumstances beyond the control of the applicant, the director will prescribe an alternative method of compliance with those requirements as it considers appropriate to the individual situation.

History

Authority: AS 18.62.020; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 12/25/98, Register 148; am 2/23/2011, Register 197

8 AAC 90.200 Edition of plumbing code and electrical code acceptable for continuing education {#sec-8-aac-90.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.200}

The director may accept a course of continuing education credit that covers a more recent edition of the Uniform Plumbing Code for plumber journeymen or the National Electrical Code for electrician journeymen than the edition currently adopted by the state.

History

Authority: AS 18.62.020; AS 18.62.060; AS 23.05.060 AS 18.62.050; AS 18.62.070
Eff. 12/25/98, Register 148; am 2/23/2011, Register 197

Article 7 Right of Inspection

8 AAC 90.205 Right of inspection {#sec-8-aac-90.205 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.205}

(a) An inspector must be given free access during reasonable hours to any premises where plumbing or electrical work subject to the standards established in AS 18.60.580 and AS 18.60.705 is being performed.

(b) The inspector may request any person performing work for which a certificate of fitness is required to exhibit the certificate of fitness.

(c) The inspector may immediately serve upon a person performing work without a certificate of fitness a notice to cease any further work for which a certificate is required until a certificate of fitness is obtained from the department. The inspector will serve a copy of the notice on the worker's employer.

History

Authority: AS 18.62.010; AS 18.62.070; AS 23.05.060(5) AS 18.62.060; AS 18.62.080
Eff. 9/13/80, Register 75; am 6/14/84, Register 90

Article 8 General Provisions

8 AAC 90.890 Work legally performed and experience legally obtained {#sec-8-aac-90.890 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.890}

(a) For purposes of compliance with a minimum work or experience requirement in this chapter, work is legally performed, and experience is legally obtained while performing work, if the work is performed

(1) for a contractor with a current, valid license, registration, certificate, or other credential required for practice of the contractor's trade or profession by the law of the state in which the work is performed, and if the work is performed in the state in which the contractor is licensed, registered, certificated, or otherwise credentialed; if the work is performed in a state that does not require a license, registration, certificate, or other credential for practice of the contractor's trade or profession, the department will consider documented work or experience to be in compliance with this paragraph;

(2) under the direct supervision of a journeyman tradesperson; and

(3) in compliance with the laws of the state in which the work is performed.

(b) The department will count work performed as part of military service as vocational or military hours as follows:

(1) the department will determine which military occupational specialty (MOS) codes or Air Force specialty codes (AFSC) qualify for hands-on experience in the trade;

(2) the department will determine which vocational schools qualify for vocational experience in the trade;

(3) an applicant may claim up to 500 hours per full year assigned to a qualifying MOS or AFSC;

(4) the maximum amount of military service or vocational hours an applicant may claim on an application is half the total required for the certificate;

(5) the applicant must submit proof of hours on a copy of the applicant's DD Form 214 or a certificate issued by the vocational training program.

History

Authority: AS 18.62.020; AS 18.62.050; AS 18.62.060
Eff. 9/27/2008, Register 187; am 3/6/2016, Register 217; am 8/8/2025, Register 255

8 AAC 90.900 Definitions {#sec-8-aac-90.900 omnilex-key=us-ak-regs-official--title-8--8 AAC 90.900}

In this chapter and AS 18.62,

(1) "accredited" means approved by the United States Department of Labor, Office of Apprenticeship;

(2) "apprentice" means a worker at least 16 years of age who is legally performing work to learn a skilled trade;

(3) "approved program" means a program consisting of any combination of continuing education workshops, formal correspondence programs, or individual study programs that meets the requirements of this chapter;

(4) "commissioner" means the commissioner of labor and workforce development or the commissioner's designee;

(5) "day" means a calendar day;

(6) "department" means the Department of Labor and Workforce Development;

(7) "director" means the director of the labor standards and safety division of the department, or the director's designee;

(8) "direct supervision" means a certified journeyman is on the same job site, on the same floor and in close and continual control of the trainee and is responsible for the competency of the work performed by the trainee while the trainee is legally performing work subject to the standards established in either AS 18.60.580 and 8 AAC 70.025 or AS 18.60.705 and 8 AAC 63.010;

(9) "division" means the labor standards and safety division of the department;

(10) "electrician journeyman" means a person who performs work necessary to the installation and construction of electrical work within buildings and within property lines of any given property, beginning at the secondary side of the transformer, subject to the National Electrical Code, but does not include a person performing linework consisting of poles and towers, including wires or cables and other apparatus supported by them;

(11) "examination" means a series of prepared questions administered in writing, orally, or both;

(12) "industry related"

(A) for an electrician journeyman is related to electrical installation techniques for the electrical journeyman trade as defined in 8 AAC 90.900;

(B) for a plumber journeyman is related to plumbing installation techniques for the plumber journeyman trade as defined in 8 AAC 90.900;

(C) does not include management skills or techniques, such as general construction industry safety, first aid, planning, scheduling, supervision, designing, estimating, or marketing and sales;

(13) "inspector" means an inspector of the labor standards and safety division of the department, or a designee;

(14) "plumber journeyman" means a person who performs plumbing work in the installation, removal, alteration, or repair of plumbing and drainage systems, within the property lines of the premises; in this paragraph, "plumbing and drainage systems"

(A) includes all

(i) building supply and distribution piping for potable water;

(ii) water treating or utilization equipment;

(iii) plumbing fixtures and traps;

(iv) drainage and vent pipes;

(v) building drains and building sewers;

(vi) medical gas and medical vacuum systems;

(vii) liquid and fuel gas piping;

(viii) swimming pool, spa, and hot tub piping;

(ix) joints, connections, devices, receptacles, appurtenances, water heaters, and vents for items listed in (i) - (viii) of this subparagraph and within the property lines of the premises; and

(x) harbor distribution piping for potable water.

(B) does not include the mains of a public sewer system or a public sewage treatment or disposal plant;

(15) "plumber restricted PG" means a person authorized with a certificate of fitness to install fuel and gas piping within property lines of the premises;

(16) "plumber restricted PU" means a person authorized with a certificate of fitness to install

(A) water service piping from the street, right-of-way main, water well, or storage tank to the first stop valve of the serviced structure or other point of use or distribution on the serviced property;

(B) building sewer piping from within two feet of a serviced structure to a public sewer, private sewer, private sewage disposal system, or other point of disposal; and

(C) building storm drains that receive the discharge of roof drains, leaders, downspouts, or conductors, if the storm drains are installed from within two feet of a commercial structure, or from within two feet of a residential structure of four or more dwelling units, to the street, the right-of-way main line, or a point of disposal approved by the federal, state, or local agency having jurisdiction;

(17) "power lineman journeyman" means a person who performs work necessary to the assembly, installation, or erection of all electrical apparatus, devices, wires, cables, supports, insulators, conductors, ducts, and raceways when part of primary distributing systems outside of buildings, regardless of whether within property lines of any given property, including outdoor substations and electrical connections up to and including the setting of transformers and the connecting of busses to them;

(18) "residential wireman" means a person who performs work necessary to the installation, construction, and operation of residential electrical systems, beginning at the point of attachment of the service drop or the service lateral on the load side of the meter, and whose work is limited to residential occupancies providing for no more than four residential units on a common foundation;

(19) "trainee" means an individual who is legally performing work to learn a skilled trade on the job under the training and direct supervision of an experienced journeyman plumber or electrician and who, during the training, is given opportunities to develop progressive skills in that trade.

History

Authority: AS 18.62.060; AS 23.05.060
Eff. 9/13/80, Register 75; am 6/14/84, Register 90; am 12/25/98, Register 148; am 9/27/2008, Register 187; am 3/6/2016, Register 217; am 4/16/2022, Register 242; am 10/28/2023, Register 248

Part 9 Administrative Services Division

Chapter 95 Adjustments to Alaska Exemptions Act

8 AAC 95.010 Statement of purpose {#sec-8-aac-95.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 95.010}

This chapter adjusts the dollar amounts set out in the Alaska Exemptions Act (AS 09.38), in response to changes in the Consumer Price Index.

History

Authority: AS 09.38.115
Eff. 7/1/86, Register 98

8 AAC 95.020 Determination of changes in the Consumer Price Index {#sec-8-aac-95.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 95.020}

Repealed.

History

Eff. 7/1/86, Register 98; am 10/1/92, Register 123; repealed 7/22/99, Register 151

8 AAC 95.030 Adjusted exemption amounts {#sec-8-aac-95.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 95.030}

(a) Notwithstanding the exemption amount provided for a homestead under AS 09.38.010(a) and (b), the amount of the exemption for a homestead is $72,900.

(b) Notwithstanding the exemption amounts provided for personal property under AS 09.38.020, the

(1) aggregate exemption for personal property set out in AS 09.38.020(a) is $4,050;

(2) exemption for jewelry set out in AS 09.38.020(b) is $1,350;

(3) exemption for implements, professional books, and tools of the trade set out in AS 09.38.020(c) is $3,780;

(4) exemption for pets set out in AS 09.38.020(d) is $1,350;

(5) exemption for a motor vehicle set out in AS 09.38.020(e) is $4,050; and

(6) full value limitation for the motor vehicle set out in AS 09.38.020(e) is $27,000.

(c) Notwithstanding the exemption amount provided for accrued dividends and loan values on life insurance and annuity contracts under AS 09.38.025(a), the amount of the exemption under AS 09.38.025(a) is $500,500.

(d) Notwithstanding the exemption amounts provided for weekly net earnings and cash and other liquid assets under AS 09.38.030, the

(1) exemption for weekly net earnings set out in AS 09.38.030(a) is $473; and

(2) maximum monthly exemption for cash and other liquid assets set out in AS 09.38.030(b) is $1,890.

(e) Notwithstanding the increased exemption amounts provided for weekly disposable earnings and cash and other liquid assets under AS 09.38.050(b), the

(1) exemption for weekly disposable earnings set out in AS 09.38.050(b) is $743; and

(2) maximum monthly exemption for cash and other liquid assets set out in AS 09.38.050(b) is $2,970.

History

Authority: AS 09.38.115
Eff. 7/1/86, Register 98; am 10/1/92, Register 123; am 7/22/99, Register 151; am 9/30/2004, Register 171; am 10/1/2008, Register 187; am 10/1/2012, Register 203; am 4/4/2013, Register 206

8 AAC 95.990 Definitions {#sec-8-aac-95.990 omnilex-key=us-ak-regs-official--title-8--8 AAC 95.990}

In this chapter,

(1) "Consumer Price Index" means the Consumer Price Index for all Urban Consumers for the Anchorage Metropolitan Area compiled by the bureau of labor statistics, United States Department of Labor; and

(2) "department" means the Department of Labor.

History

Authority: AS 09.38.115
Eff. 7/1/86, Register 98

Part 10 Labor Relations

Chapter 97 Collective Bargaining Among Public Employees

Article 1 Certification

8 AAC 97.010 Filing requirements {#sec-8-aac-97.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.010}

To file a document with the labor relations agency, a party shall mail or deliver one copy of the document to the agency in person, by mail, by facsimile transmission, or by electronic mail. If the party files a document by facsimile transmission or electronic mail under 8 AAC 97.020, the party shall also deliver a hard copy of the document to the agency in person or by mail. The date of filing is the date of receipt by the agency, except that if filed after business hours, the filing is recorded as received the next business day.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127; am 4/14/95, Register 134; am 5/18/2002, Register 162; am 5/20/2007, Register 182; am 9/28/2024, Register 251

8 AAC 97.015 Service {#sec-8-aac-97.015 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.015}

(a) When a party files a document with the labor relations agency, that party shall serve a copy of that document on all parties involved or, if applicable, on a party's representative. The filing party may serve the document by mail, facsimile transmission, hand delivery, or electronic mail if the other parties have consented to electronic mail service.

(b) Proof of service must accompany any document filed with the labor relations agency. Proof must be by a written declaration of the names and addresses of the parties served and the date and manner of service.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127; am 9/28/2024, Register 251

8 AAC 97.020 Filing and service by electronic transmission {#sec-8-aac-97.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.020}

Documents may be filed with the labor relations agency electronically by facsimile transmission or by electronic mail. Documents may be served on a party by facsimile transmission of by electronic mail, if that party has consented to electronic mail service. The filing party shall mail or deliver a copy of the electronically filed document to the agency as required under 8 AAC 97.010. The date of filing is the date that the agency received the facsimile transmission or electronic mail, except that if the filing is received after business hours, the filing is recorded as received the next business day.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127; am 9/28/2024, Register 251

8 AAC 97.025 Petition for certification of a public employee representative {#sec-8-aac-97.025 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.025}

(a) A petition for certification of public employee representative filed by a labor or employee organization must contain the following information:

(1) the name, title, address, electronic mail address, telephone and facsimile machine numbers of the public employer's contact person;

(2) a description of the bargaining unit claimed to be appropriate for purposes of exclusive representation by the petitioner that generally identifies the work locations and the classifications of employees to be included or excluded and the approximate number of employees in the unit;

(3) a statement that 30 percent of the employees in the proposed bargaining unit want to be represented by the petitioner for collective bargaining purposes;

(4) the name, address, electronic mail address, telephone and facsimile machine numbers, and affiliation, if any, of the petitioner;

(5) a copy of the petitioner's constitution, bylaws, and current roster of officers and representatives;

(6) any other relevant facts;

(7) a declaration by the person signing the petition that its contents are true and correct to the best of that person's knowledge and belief; and

(8) the signature, title, electronic mail address, telephone and facsimile machine numbers of the petitioner's representative.

(b) In addition to the requirements of (a) of this section, if a petition for certification proposes to sever a bargaining unit from an existing bargaining unit, the petition must state

(1) why the employees in the proposed bargaining unit are not receiving adequate representation in the existing unit;

(2) whether the employees in the proposed bargaining unit are employed in jobs that have traditionally been represented in the same unit;

(3) why the employees in the proposed unit have a community of interest that is not identical with that of the employees in the existing unit;

(4) how long the employees in the proposed bargaining unit have been represented as part of the existing unit; and

(5) why the grant of the petition will not result in unnecessary fragmentation of the existing bargaining unit based on the factors contained in AS 23.40.090.

(c) A petition for certification must be accompanied by a showing of interest of not less than 30 percent of the employees in the proposed unit. The showing of interest must be documented by written authorization cards or forms that

(1) are signed and dated by the employees during the 120 days immediately preceding the filing of the petition and include the employees' job classifications and position control numbers where applicable; and

(2) authorize the petitioner to represent the employees for collective bargaining purposes.

(d) The labor relations agency will consider a petition substantially fulfilling the requirements of this section.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.090; AS 42.40.740 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 5/18/2002, Register 162; am 9/28/2024, Register 251

8 AAC 97.030 Petition for decertification of a public employee representative {#sec-8-aac-97.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.030}

(a) Except as provided in (d) of this section, a petition for decertification of a public employee representative certified by the labor relations agency or currently recognized by the public employer must contain the following information:

(1) a statement that 30 percent of the employees in the bargaining unit no longer wish the labor or employee organization certified by the labor relations agency or currently recognized by the public employer to represent them; and

(2) the same information required by 8 AAC 97.025(a) where applicable.

(b) A petition for decertification must be accompanied by a showing of interest of not less than 30 percent of the employees in the bargaining unit represented by the labor or employee organization proposed for decertification. The showing of interest must consist of written authorization cards or employee petitions, signed and dated by the employees during the 120 days immediately preceding the filing of the petition for decertification and containing the employees' job classifications and any position control numbers, and a statement requesting decertification of the current representative.

(d) In addition to the requirements of (a) of this section, if a petition for decertification proposes to sever a bargaining unit from an existing bargaining unit, the petition must also satisfy the requirements of 8 AAC 97.025(b). A showing of interest is required only for members of the unit to be severed.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.090; AS 42.40.740 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127

8 AAC 97.040 Petition for certification filed by a public employer {#sec-8-aac-97.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.040}

(a) A petition for certification filed by a public employer under AS 23.40.100(a)(2) or AS 42.40.750(a) must contain the following information:

(1) the petitioner's name, address, and the approximate number of the petitioner's employees;

(2) a brief statement that one or more labor or employee organizations have presented to the petitioner a claim to be recognized as the representative of a majority of the employees in the bargaining unit, and that petitioner has a goodfaith doubt concerning the majority representative of the petitioner's employees;

(3) a description of the bargaining unit claimed to be appropriate for purposes of exclusive representation that generally identifies the work locations and the classifications of employees to be included or excluded and the approximate number of employees in the unit;

(4) the names, addresses, electronic mail address, telephone and facsimile machine numbers, and affiliations, if any, of the organizations and their contact persons making claims for recognition;

(5) any other relevant facts;

(6) a declaration by the person signing the petition that its contents are true and correct to the best of the person's knowledge and belief;

(7) the signature, title, electronic mail address, telephone and facsimile machine numbers of the petitioner's representative.

(b) The labor relations agency will consider a petition substantially fulfilling the requirements of this section.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.090; AS 42.40.740 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 9/28/2024, Register 251

8 AAC 97.050 Petition for clarification or amendment of certification of a unit {#sec-8-aac-97.050 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.050}

(a) A public employer or a public employee representative may file a petition seeking

(1) clarification of an existing bargaining unit, where no question concerning representation exists, in order to resolve a question of unit composition raised by changed circumstances since certification; or

(2) amendment of certification to reflect changed circumstances, including a change in name, affiliation, site, or location.

(b) The petition for clarification or amendment must contain the following information:

(1) a description of the present bargaining unit and the date of certification or recognition;

(2) the proposed clarification or amendment of the unit;

(3) a statement by the petitioner identifying why clarification or amendment is needed and, for a petition seeking only unit clarification, a description of the job duties of the positions affected;

(4) the name, address, electronic mail address, telephone and facsimile machine numbers, and affiliation, if any, of the petitioner;

(5) the name, address, electronic mail address, telephone and facsimile machine numbers, and title, if known, of the public employer's contact person;

(6) a declaration by the person signing the petition that its contents are true and correct to the best of that person's knowledge and belief;

(7) the signature, title, electronic mail address, address, and telephone and facsimile machine numbers of the petitioner's representative.

(c) The petitioner shall serve a copy of the petition for unit clarification on each affected public employee representative, public employer, and employee whose position is the subject of the petition, and shall provide proof of service as required in 8 AAC 97.015. The agency may authorize the petitioner to substitute posting a notice of the petition for service directly to the affected employees. The agency will require a copy of the petition or other document approved by the agency to be posted in the work areas of the affected employees if the agency determines that service alone was insufficient to put the affected employees on notice of the petition. The labor relations agency will investigate a petition for unit clarification that substantially fulfills the requirements of (b) of this section and will determine if there is reasonable cause to believe that a question of unit clarification exists. In conducting its investigation under this subsection, the agency may require the submission of documents or other information. Any party who files documents with the agency shall serve the other parties and each affected employee with a copy of the documents. The agency will serve the parties with a copy of documents or other information filed by an affected employee. The agency will grant the parties and each affected employee an opportunity to respond to the information obtained by the agency during its investigation. After its investigation, the agency will issue its determination.

(d) The petitioner shall serve a copy of the petition for unit amendment on each affected public employee representative and public employer. Additionally, the petitioner shall either serve each employee who is affected by the petition with a copy of the petition, or certify that all affected employees have been notified of the petition. The petitioner shall provide proof of service as required in 8 AAC 97.015. The agency will require a copy of the petition or other document approved by the agency to be posted in the work areas of the affected employees if the agency determines that service alone or the petitioner's notice to the affected employees was insufficient to put the affected employees on notice of the petition. The agency will consider a petition for unit amendment that substantially fulfills the requirements of (b) of this section and will determine if there is reasonable cause to believe that a question of unit amendment exists. If the agency finds such reasonable cause, the agency will require a notice of petition to be posted in the work areas of the affected employees. The notice must contain the following information:

(1) the name of the petitioner;

(2) a description of the proposed amendment;

(3) a statement that interested parties have 15 calendar days from the date of the posting of the notice to file an objection to the proposed amendment and request a hearing under 8 AAC 97.330 - 8 AAC 97.480;

(4) a statement that if no objection and request for a hearing is filed within the period specified in (3) of this subsection, the agency will issue the amendment of certification.

(e) A party may appeal the agency's determination in accordance with 8 AAC 97.470.

(f) The agency will not accept a petition for unit clarification if the petition

(1) is filed when a position is vacant; or

(2) is not accompanied by a completed copy of the agency's

(A) Questionnaire Regarding Supervisory Duties, revised as of June 1, 2007, and adopted by reference, for a petition that relates to a position's supervisor duties;

(B) Questionnaire Regarding Confidential Duties, revised as of June 1, 2007, and adopted by reference, for a petition that relates to a position's confidential duties; or

(C) General Questionnaire Regarding Duties, revised as of June 1, 2007, and adopted by reference, for a petition other than one described in (A) or (B) of this paragraph.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.090; AS 42.40.740 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 5/18/2002, Register 162; am 5/20/2007, Register 182; am 7/12/2007, Register 183; am 9/28/2024, Register 251

8 AAC 97.060 Action on petition {#sec-8-aac-97.060 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.060}

(a) The labor relations agency will investigate a petition that substantially fulfills the requirements of 8 AAC 97.025, 8 AAC 97.030, or 8 AAC 97.040 and will determine if there is reasonable cause to believe that a question of representation exists, including whether the proposed bargaining unit appears to be appropriate for collective bargaining purposes.

(b) A public employer shall file with the labor relations agency an electronic, searchable, and alphabetical list of all employees in the proposed unit as of the last payroll period before the date the petition was filed, including job titles, classifications, and personal mailing addresses, no later than 10 days after notice by the agency of a petition related to a question of representation.

(c) The labor relations agency will investigate the employee petition or interest cards submitted by the petitioner and determine whether the petition is supported by 30 percent of the employees in the proposed bargaining unit. The agency's determination under this section is final, except as provided in 8 AAC 97.470.

(d) The employee petition or interest cards in support of a showing of interest are confidential records that may not be disclosed and are not part of the public record.

(e) The labor relations agency will dismiss a petition if

(1) the petitioner does not correct an insufficiency within six days after the agency provides notice that the required showing of interest is insufficient;

(2) the proposed bargaining unit appears to be an inappropriate unit for collective bargaining purposes;

(3) a collective bargaining agreement is in effect unless the petition is filed between 150 calendar days and 90 calendar days before the expiration date of the agreement; or

(4) an election has been held in the bargaining unit or a subdivision of the bargaining unit within one year preceding the date of filing of the petition.

(f) If, after an investigation, the labor relations agency determines that there is reasonable cause to believe that a question of representation exists and that the proposed bargaining unit appears to be appropriate for collective bargaining purposes, the labor relations agency will schedule a hearing on the petition under 8 AAC 97.330 - 8 AAC 97.480.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.090; AS 42.40.740 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 4/14/95, Register 134; am 5/18/2002, Register 162; am 9/28/2024, Register 251

8 AAC 97.070 Notice of petition {#sec-8-aac-97.070 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.070}

(a) If a petition for certification or decertification is investigated under 8 AAC 97.060 and the labor relations agency finds reasonable cause to believe a question of representation exists, the labor relations agency will cause a notice of the petition to be posted in the work areas of the employees in the existing or proposed bargaining unit. The notice will contain the following information:

(1) the name of the petitioner;

(2) a description of the existing or proposed bargaining unit involved;

(3) a statement that interested parties have 15 calendar days from the date of the posting of the notice to file

(A) an objection to the appropriateness of the proposed bargaining unit;

(B) an objection to the conduct of an election;

(b) If posting under (a) of this section occurs in multiple locations, the agency will consider the date of posting to be the date notice was posted in the last of the multiple locations.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 5/20/2007, Register 182

8 AAC 97.080 Intervention {#sec-8-aac-97.080 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.080}

(a) A labor or employee organization may intervene as a candidate for representative of a proposed bargaining unit if it files its own petition within 15 calendar days after the date the notice of the original petition is posted. An intervening petition must meet the requirements of 8 AAC 97.025(a), (b), and (c), except that a showing of interest by 10 percent of the employees is required.

(b) A labor or employee organization seeking to intervene for the purpose of representing a bargaining unit of employees different from that sought by the original petition, but that wishes to include some of the same employees in the unit proposed by the original petition, must file its own petition for certification that meets the requirements of 8 AAC 97.025, including the 30 percent showing of interest.

(c) An intervention petition will not be considered by the labor relations agency unless it is filed within the 15-calendar-day period established in 8 AAC 97.070. The labor relations agency will consider a petition that substantially fulfills the requirements of (a) and (b) of this section.

(d) A petition filed with the labor relations agency during the 15-calendar-day period established in 8 AAC 97.070 and that affects an employee covered by the original posted petition may be treated as an intervention.

(e) A petition to intervene is not required to be posted under 8 AAC 97.070.

(f) If all or part of a bargaining unit subject to a posted petition is already represented by a labor or employee organization, the current representative is an intervenor without the necessity of meeting the requirements of (a) - (c) of this section.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 5/20/2007, Register 182

8 AAC 97.085 Additional ballot choices {#sec-8-aac-97.085 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.085}

(a) A labor or employee organization wishing to be on an election ballot shall present the labor relations agency with a showing of interest from at least five percent of the employees in the bargaining unit in which the election will occur. The showing of interest must be documented by written authorization cards or forms that are signed and dated by the employees during the 120 days immediately preceding the filing of the written authorization cards or forms. The written authorization cards of forms must include each employee's job classification and position control number if applicable, and authorize the petitioner to represent the employees for collective bargaining purposes. The showing of interest must be provided to the labor relations agency no later than the date of the hearing on the petition or the date of a consent election agreement, if a consent election agreement is used.

(b) A labor or employee organization that is to be listed on a ballot under (a) of this section is bound by any stipulation made or to be made between the public employer and a petitioner and intervenors.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 5/18/2002, Register 162; am 5/20/2007, Register 182

8 AAC 97.090 General criteria for bargaining units {#sec-8-aac-97.090 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.090}

(a) Except as provided in AS 23.40.240, at the state level a proposed bargaining unit is not an appropriate bargaining unit if it combines

(1) supervisory personnel with nonsupervisory personnel; or

(2) confidential employees with other employees.

(b) As defined in 8 AAC 97.990 and as used in this section, the term "confidential employee" must be narrowly construed.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.090; AS 42.40.740
Eff. 7/22/93, Register 127

(a) After a notice of petition has been posted for 15 calendar days, the public employer, the petitioner, and any other party who has objected or intervened under 8 AAC 97.070(3), may waive the labor relations agency hearing in 8 AAC 97.060(f) and 8 AAC 97.330 - 8 AAC 97.480 and agree to a consent election. The waiver is subject to approval by the labor relations agency. The waiver must be in the form of a written stipulation that

(1) specifies the bargaining unit agreed upon by the parties;

(2) provides that a secret ballot election be conducted among the employees in the agreed-upon bargaining unit;

(3) identifies the eligibility period for participation in the election;

(4) specifies the dates, hours, and places of the election;

(5) identifies how the bargaining unit will be designated on the ballot; and

(6) other related election procedures.

(b) An election held under a stipulation will be conducted by the labor relations agency in accordance with requirements specified by the labor relations agency for that election.

(c) If the parties cannot decide the matters identified in (a)(3) - (a)(5) of this section, the labor relations agency will decide the matters.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127

The public employer and a labor or employee organization may agree that the labor or employee organization is to be the representative of employees in an agreed-upon bargaining unit. Upon the request of the labor or employee organization, the labor relations agency will certify the organization if investigation by the labor relations agency verifies the majority status of the labor or employee organization and the appropriateness of the bargaining unit under AS 23.40.090 or AS 42.40.740. The labor relations agency will, in its discretion, verify majority status by

(1) reviewing the employee petition or interest cards for support of 50 percent of the employees, plus one additional employee, in the proposed bargaining unit;

(2) reviewing certifications of the results of a collective bargaining agreement ratification election from the labor or employee organization and from the public employer, so long as all members of the bargaining unit had the right to vote in the election; or

(3) other means determined by the labor relations agency and agreed to by the parties.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127

8 AAC 97.120 Notice of election {#sec-8-aac-97.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.120}

Notice of an election will be furnished by the labor relations agency to the public employer for posting in the work areas of the employees in the bargaining unit. The notice must be posted for at least 14 calendar days before the date of the election. The notice must contain the following information:

(1) the details and the procedures for the election;

(2) the appropriate bargaining unit;

(3) the eligibility period;

(4) the dates, hours and places of the election; and

(5) a sample ballot.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127

8 AAC 97.130 Voting eligibility and voting roster {#sec-8-aac-97.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.130}

(a) A public employer shall submit an electronic, searchable, and alphabetical roster of employees eligible to vote to the labor relations agency and to the candidates for representation at least 14 calendar days before the date set for the election, or at least 14 calendar days before the delivery of ballots to voters in a mail ballot or electronic ballot election. The roster must contain the names of eligible employees in alphabetical order and their job titles, classifications, electronic mail address, and personal mailing addresses.

(b) To be eligible to vote, an employee must be listed on the employment roster of the public employer

(1) four weeks before the date of the election, or in the case of a mail ballot election, four weeks before the date set for mailing ballots to voters; and

(2) on the date of the election, or in the case of a mail ballot election, on the date the ballots are counted.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 4/14/95, Register 134; am 9/28/2024, Register 251

8 AAC 97.140 Election procedures {#sec-8-aac-97.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.140}

(a) The labor relations agency may conduct a secret ballot election manually, by mail ballot, by electronic ballot, or by a combination of manual and mail ballot.

(b) A party may be represented at the polling places by observers. The exact number of observers per polling place will be established by the labor relations agency. A representative of the labor relations agency will also be at each polling place.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 9/28/2024, Register 251

8 AAC 97.150 Form of ballots {#sec-8-aac-97.150 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.150}

A ballot must contain, in addition to the choice of possible representatives, a place where the choice of "no bargaining representative" may be indicated.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 4/14/95, Register 134

8 AAC 97.160 Challenged ballots {#sec-8-aac-97.160 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.160}

(a) A party or a representative of the labor relations agency may challenge, for good cause, the eligibility of a person to participate in an election or the validity of a ballot cast. Challenged ballots will be impounded by the labor relations agency and tallied separately from unchallenged ballots.

(b) If the number of challenged ballots could not affect the outcome of the election, the ballots will not be counted and may not constitute a basis for objection to the conduct of the election.

(c) If the number of challenged ballots could affect the outcome of the election, the labor relations agency will consider, through investigation, hearing or other proceedings, the challenges to these ballots and will rule promptly upon the validity of the challenges. If a challenge is found valid, the labor relations agency will not open or tally the ballots subject to that challenge. If a challenge is found invalid, the labor relations agency will count the ballots subject to that challenge and segregate them in a manner that will maintain the confidentiality of the votes, where possible, and preserve the challenge for subsequent appeal.

(d) A party may withdraw a challenge to a ballot after the other ballots are tallied only with the consent of the other parties and the approval of the election supervisor. The election supervisor shall base that approval on the criteria set out in the National Labor Relations Board Casehandling Manual (Part Two) Representation Proceedings. The National Labor Relations Board Casehandling Manual (Part Two) Representation Proceedings, as revised in August 1999, is adopted by reference.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 4/14/95, Register 134; am 5/18/2002, Register 162

8 AAC 97.170 Objections concerning elections {#sec-8-aac-97.170 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.170}

(a) Within five calendar days after the labor relations agency furnishes the tally of ballots to the parties, a party may file an objection to the manner in which the election was conducted or to conduct affecting the results of the election. Within five calendar days after filing an objection, the objecting party shall submit a statement of material facts and issues and a summary of material evidence. Copies of documents filed under this subsection must be served according to the requirements of 8 AAC 97.015.

(b) Within 14 calendar days after receipt of a statement of material facts and issues and a summary of material evidence, the election supervisor will investigate an objection and will issue a report on the objection and a proposed order, which recommend certifying the existing election, holding a new election, or other action to assure compliance with AS 23.40.100, AS 42.40.750, and this chapter. The agency chair will, in the chair's discretion, extend the period for issuing the report up to 21 additional days, if the election supervisor

(1) serves a written request for extension upon each party; and

(2) makes a showing of good cause for the extension.

(c) Within 10 calendar days after service of the election supervisor's report and proposed order, a party may withdraw an objection or may appeal from the proposed report and order to the agency. If a party appeals, the matter shall be set for hearing before the agency under 8 AAC 97.330 - 8 AAC 97.480. After the hearing the agency will, in its discretion, certify the existing election, issue corrective orders, order a new election, or order other action to assure compliance with AS 23.40.100, AS 42.40.750, and this chapter.

(d) If no party withdraws its objection or appeals to the agency under subsection (c), the agency will, in its discretion, adopt the election supervisor's proposed order or require other action to assure compliance with AS 23.40.100, AS 42.40.750, and this chapter.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127; am 4/14/95, Register 134

8 AAC 97.180 Certification of election results {#sec-8-aac-97.180 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.180}

If no objections are filed within five calendar days after the tally of ballots has been furnished, and if no runoff election is to be held, the labor relations agency will issue a certification of the results of the election, including certification of the representative, if appropriate. The certification will include a description of the bargaining unit.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127

8 AAC 97.190 Runoff election {#sec-8-aac-97.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.190}

(a) The labor relations agency will conduct a runoff election if an election in which the ballot provides for not less than three choices results in no choice receiving a majority of the valid ballots cast, and all objections filed have been disposed of.

(b) Employees who are eligible to vote in the original election and who are still employed in the bargaining unit as of the date of the runoff election are eligible to vote in the runoff election. For mail ballot or electronic ballot runoff elections, employees are eligible to vote if they were eligible to vote in the original election and they are still employed in the bargaining unit on the date the mail ballots or electronic ballots are counted in the runoff election.

(c) The ballot in the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of votes in the original election.

(d) If there are objections to the conduct of the runoff election, the objections will be processed in accordance with 8 AAC 97.170.

(e) The labor relations agency will issue a certification of the results of the runoff election, including certification of a representative, if appropriate.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 10/22/93, Register 127; am 5/20/2007, Register 182; am 9/28/2024, Register 251

8 AAC 97.200 Organizational activities {#sec-8-aac-97.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.200}

A labor or employee organization may organize employees only during the employees' lunch break, relief period, or before or after the employees' working hours. A labor or employee organization shall notify a public employer that it is on the public employer's premises before conducting organizing activities. A labor or employee organization that fulfills the requirements of this section may not be denied the right to conduct organizational activity by the public employer.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.210 Commencement of bargaining {#sec-8-aac-97.210 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.210}

The obligation to bargain is effective upon a demand by a labor organization or employee association after the labor relations agency furnishes a tally of ballots showing that a majority of the votes were cast in favor of representation by the labor organization or employee association. The election supervisor may delay the start of the obligation if the party seeking the delay

(1) has filed an objection under 8 AAC 97.170; and

(2) shows a high probability of success on the merits of the objection.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750 AS 23.40.110; AS 42.40.760
Eff. 4/14/95, Register 134

Article 2 Unfair Labor Practices

8 AAC 97.220 Commencement of an unfair labor practice proceeding {#sec-8-aac-97.220 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.220}

(a) An unfair labor practice proceeding is commenced by filing a complaint or accusation.

(b) A complaint or accusation must contain:

(1) the name, address, electronic mail address, telephone and facsimile machine numbers of the respondent against whom the complaint or accusation is made;

(2) a plain and concise description of the alleged violation including the date or dates of the alleged violation and, if possible, the name, address, electronic mail address, telephone and facsimile machine number of each person who is alleged to have committed the violation;

(3) the name, affiliation, address, electronic mail address, telephone and facsimile machine numbers of the party filing the complaint or accusation, and a statement of the capacity in which that party is acting;

(4) the statute or regulation that the respondent is alleged to have violated;

(5) a sworn and notarized statement by the party or representative of the party, signing the complaint or accusation that to the best of that person's information and belief the statements in the complaint or accusation are true.

(c) A complaint or accusation must be filed with the labor relations agency in accordance with 8 AAC 97.010 and served in accordance with 8 AAC 97.015 on

(1) the respondent; and

(2) if the state or an agency or officer of the state is the respondent, the attorney general and the commissioner of administration.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.120; AS 42.40.770 AS 23.40.130; AS 42.40.780
Eff. 7/22/93, Register 127; am 5/20/2007, Register 182; am 9/28/2024, Register 251

8 AAC 97.225 Complaints or accusations by employees {#sec-8-aac-97.225 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.225}

(a) Before a represented employee may file a complaint or accusation against a labor organization or employee association under this chapter, the employee must exhaust all remedies available through the internal review procedures of the labor organization or association.

(b) Before a represented employee may file a complaint or accusation against an employer under this chapter, the employee must

(1) meet the requirements of (a) of this section; and

(2) prove under AS 23.40.110(c) or AS 42.40.760(c) that the labor organization or employee association committed an unfair labor practice.

(1) a public employee in a bargaining unit;

(2) a former public employee who alleges that the labor organization or employee association committed an unfair labor practice during the time the employee was in the bargaining unit.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.110; AS 42.40.760
Eff. 4/14/95, Register 134; am 5/20/2007, Register 182

8 AAC 97.230 Investigation and informal resolution {#sec-8-aac-97.230 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.230}

(a) The labor relations agency will investigate the facts and circumstances surrounding a complaint or accusation filed under 8 AAC 97.220, including whether grievance arbitration procedures as required under AS 23.40.210 and AS 42.40.860, if applicable, have been exhausted. The complainant's failure to provide information within the time frames specified by the agency during the investigation may result in the dismissal of the complaint or accusation.

(b) If the agency makes a preliminary finding that probable cause exists to support the complaint or accusation, the agency will attempt to resolve the dispute through the use of conference, conciliation, and persuasion. Unless the parties agree to a longer period, the agency will spend no more than 21 days attempting to achieve informal resolution.

History

Authority: AS 23.05.380; AS 23.40.210; AS 42.40.860 AS 23.40.120; AS 42.40.770 AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127; am 5/18/2002, Register 162

8 AAC 97.240 Notice of accusation {#sec-8-aac-97.240 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.240}

(a) If the complaint or accusation has not been resolved after investigation and informal resolution under 8 AAC 97.230, the labor relations agency will issue a notice of accusation that includes a formal finding that probable cause exists and proceed with a hearing in accordance with AS 23.40.130 or AS 42.40.780.

(b) Relevant decisions of the National Labor Relations Board will be given great weight in determining what constitutes an unfair labor practice under AS 23.40.110 and AS 42.40.760.

History

Authority: AS 23.05.380; AS 23.40.130; AS 42.40.770 AS 23.40.110; AS 23.40.170; AS 42.40.780 AS 23.40.120; AS 42.40.760; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.245 Dismissal of charge {#sec-8-aac-97.245 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.245}

If, after investigation and informal resolution, the labor relations agency determines that probable cause does not exist to support the complaint or accusation, the agency will dismiss the complaint or accusation in whole or part. The agency will issue a written notice of dismissal stating the reason for the dismissal and serve a copy of the notice on the complaining or accusing party and the respondent.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.120; AS 42.40.770
Eff. 7/22/93, Register 127

8 AAC 97.250 Review of dismissals {#sec-8-aac-97.250 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.250}

(a) Within 10 days of the date of service of dismissal of an unfair labor practice complaint or accusation, the complaining or accusing party may file an appeal of the dismissal with the labor relations board. Proof of service on the respondent is required in accordance 8 AAC 97.015.

(b) The appeal must state the reasons supporting reinstatement of the complaint or accusation. If the complaint or accusation was dismissed for lack of evidence, the complaining or accusing party may provide additional evidence and an explanation why the evidence was not previously presented during the investigation. If the complaint or accusation was dismissed for failure to state facts that if proven would be an unfair labor practice, the complaining or accusing party may provide additional legal argument in support of its position that the complaint or accusation states an unfair labor practice.

(c) After reviewing the appeal the agency will either affirm the dismissal, remand the case for further investigation, or issue a notice of accusation under 8 AAC 97.240.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.120; AS 42.40.770 AS 23.40.130; AS 42.40.780
Eff. 7/22/93, Register 127

Article 3 Impasse

8 AAC 97.260 Petition for strike class determination {#sec-8-aac-97.260 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.260}

(a) A public employer or public employee representative may file a petition with the labor relations agency seeking agency determination of the strike classification under AS 23.40.200 of members of a bargaining unit.

(b) The petition for strike class determination must contain the following information:

(1) the name or description of the bargaining unit;

(2) the date of certification or recognition of the bargaining representative;

(3) the expiration date of the collective bargaining agreement;

(4) the name of the bargaining unit members for whom classification under AS 23.40.200 is petitioned and the proposed classification;

(5) name, address, electronic mail address, telephone and facsimile machine numbers, and affiliation, if any, of the petitioner;

(6) a declaration by the person signing the petition that its contents are true and correct to the best of that person's knowledge and belief;

(7) the signature, title, electronic mail address, and telephone and facsimile machine numbers of the petitioner's representative.

(c) The petitioner shall serve a copy of the petition on the public employer or employee representative and on any employee whose position is the subject of the petition. Proof of service is required in accordance with 8 AAC 97.015.

(d) Fifteen days after service of the petition, the public employer, employee representative, or an employee whose position is the subject of the petition may file an objection to the petition and request a hearing under 8 AAC 97.330 - 8 AAC 97.480.

History

Authority: AS 23.05.380; AS 23.40.170; AS 23.40.200
Eff. 7/22/93, Register 127; am 9/28/2024, Register 251

8 AAC 97.270 Mediation {#sec-8-aac-97.270 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.270}

(a) If the labor relations agency determines that negotiations between the railroad corporation and employee representative have reached an impasse, the agency will appoint a mediator in accordance with AS 42.40.840. The mediator shall end the mediation if the mediator determines that an impasse exists after attempting mediation. The mediator's decision to end mediation must be delivered in writing to the parties and the labor relations agency.

(b) If, in accordance with AS 23.40.190, the labor relations agency finds that negotiations between a public employer and an employee representative have reached an impasse, the agency may request a mediator appointed by the Federal Mediation and Conciliation Service.

History

Authority: AS 23.05.380; AS 23.40.190; AS 42.40.840 AS 23.40.170; AS 42.40.820; AS 42.40.850
Eff. 7/22/93, Register 127; am 5/18/2002, Register 162

8 AAC 97.280 Advisory arbitration {#sec-8-aac-97.280 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.280}

(a) Upon a finding of impasse by the labor relations agency or a stipulation of impasse between a public employer and the employee representative of a municipal school district, regional educational attendance area or state boarding school employees subject to advisory arbitration under AS 23.40.200, the labor relations agency will order the parties to advisory arbitration. If the parties are unable to agree on the selection of an arbitrator within ten days of the issuance of the agency's order to arbitrate, the agency will refer the parties to an advisory arbitrator. The parties will present their positions to the arbitrator at a time mutually agreed to or, if no agreement is reached, at a time determined by the arbitrator. The parties may submit to the arbitrator reports of proceedings to date, any mediation reports, and any other relevant materials. The advisory arbitrator shall review the issues and make a report, including any recommendations. The advisory arbitrator shall serve the report upon the parties and upon the agency in accordance with 8 AAC 97.015. The report of the advisory arbitrator is not binding.

(b) The parties shall undertake negotiations following receipt of the advisory arbitrator report or 90 days from the appointment of the arbitrator, whichever occurs first. The parties shall bear the costs of the advisory arbitration as directed by the arbitrator. Unless the parties agree otherwise, the requirement for advisory arbitration is met if the parties have not resolved the dispute 30 days following service of the report of the advisory arbitrator or 90 days following the appointment of the arbitrator, whichever occurs first.

(c) After a mutually recognized impasse following advisory arbitration or upon meeting the advisory arbitration requirement in (b) of this section, a municipal school district, regional educational attendance area, or state boarding school may implement its last, best offer, and the employees may engage in a strike if a majority of the employees in a collective bargaining unit have voted by secret ballot to do so.

History

Authority: AS 23.05.380; AS 23.40.170 AS 23.40.110; AS 23.40.200
Eff. 7/22/93, Register 127; am 4/14/95, Register 134; am 5/18/2002, Register 162

8 AAC 97.300 Strike vote {#sec-8-aac-97.300 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.300}

Repealed.

History

Eff. 7/22/93, Register 12; repealed 5/18/2002, Register 162

Article 4 Right of Nonassociation

8 AAC 97.305 Escrow account for disputed service fees {#sec-8-aac-97.305 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.305}

A labor organization or employee association shall maintain an escrow account for disputed dues, initiation fees, assessments, and service fees and shall hold amounts in dispute in escrow. The escrow account must be in a federally insured financial institution. If the payments from more than one objector are combined, records must be kept of each payment and of the interest that the payment earns. The labor organization or employee association shall bear the cost of maintaining the account.

History

Authority: AS 23.05.380; AS 23.40.225; AS 42.40.880 AS 23.40.170; AS 42.40.820
Eff. 4/14/95, Register 134

8 AAC 97.310 Religious exemption from association {#sec-8-aac-97.310 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.310}

(a) An employee claiming the right of nonassociation with a labor organization or employee association under AS 23.40.225 or AS 42.40.880 shall file the claim with the labor relations agency and shall provide the following information:

(1) the name, address, electronic mail address, telephone number, and position control number of the employee;

(2) the name of the collective bargaining unit concerned;

(3) the name, address, electronic mail address, telephone number, and facsimile machine number of the collective bargaining representative;

(4) the name, address, electronic mail address, telephone number, and facsimile machine number of the public employer; and

(5) a sworn and notarized statement by the employee that the employee's sincerely held religious beliefs prohibit the payment of dues, initiation fees, or assessments to a labor organization or employee association.

(b) The employee shall serve copies of the claim as required under 8 AAC 97.015 upon the labor organization or employee association and upon the employer.

(c) Within 30 days after service of the claim, the labor organization or employee association may object to the claim and request a hearing. If the labor organization or employee association does not object, the agency will grant the exemption. If the labor organization or employee association objects, the agency will schedule a hearing under 8 AAC 97.330 - 8 AAC 97.480.

(d) After an employee files a claim under this section, the employee shall pay the labor organization or employee association amounts equivalent to the amount of dues, initiation fees, and assessments then being assessed members of the labor organization or employee association. The labor organization or employee association shall hold the amounts in the escrow account set out in 8 AAC 97.305.

(e) If the agency determines that the employee is exempt from becoming a member of a labor organization or employee association, the agency will issue an order requiring that the labor organization or employee association contribute to a charitable organization the employee's payments under (d) of this section.

(f) Within 30 days after the agency issues the order in (e) of this section, the labor organization or employee association shall

(1) provide the agency a list of the individuals in the employer's bargaining unit who have claimed exemption under this section;

(2) provide the agency a list designating the charitable organizations that may receive the payments attributable to an exempt employee; and

(3) withdraw from the escrow account set out in 8 AAC 97.305 an amount equivalent to the exempt employee's payments and contribute that amount to one or more of the designated charities.

(g) If the agency determines that a designated charitable organization does not meet the requirements of AS 23.40.225 or AS 42.40.880, the agency will provide the labor organization or employee association a notice of disapproval. Within 15 days after receipt of the notice, the labor organization or employee association may submit additional information in support of the designation. If after examining the additional information the agency disapproves the designated charitable organization, the labor organization or employee association may obtain a hearing before the agency on the question by requesting a hearing within 15 days after the disapproval. Following the hearing, the agency will issue a ruling on the matter.

(h) Within 30 days after the end of its fiscal year, a labor organization or employee association with a bargaining unit that includes one or more exempt employees shall submit to the agency, on a form prescribed by the agency, an annual report showing proof of contributions to one or more of the designated charitable organizations.

History

Authority: AS 23.05.380; AS 23.40.225; AS 42.40.880 AS 23.40.170; AS 42.40.820
Eff. 4/14/95, Register 134; am 9/28/2024, Register 251

8 AAC 97.320 Service fee objections {#sec-8-aac-97.320 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.320}

(a) An employee with an objection to the service fee assessed by a labor organization or employee association under AS 23.40.110(b)(2) or AS 42.40.760(b)(2) may object to the amount of the fee by filing a claim with the labor organization or employee association under its internal fair share procedures.

(b) A labor organization or employee association shall provide internal fair share procedures that include

(1) financial statements of the labor organization or employee association verified by an independent auditor;

(2) identification of expenses for collective bargaining and contract administration and of expenses not chargeable to collective bargaining and contract administration;

(3) the opportunity for an employee to object to payment of amounts unrelated to collective bargaining or contract administration; and

(4) a prompt decision by an impartial decision maker.

(c) After filing an objection, the employee shall continue to pay the full amount of the service fee assessed. The labor organization or employee association shall hold the disputed portion of the service fee in the escrow account set out in 8 AAC 97.305. The portion of a service fee that is not disputed is not subject to the escrow requirement.

(d) Upon reaching a decision, the impartial decision maker shall

(1) order the labor organization or employee association to withdraw from the escrow account and pay the employee any portion of the service fee to which the employee is entitled and the interest accrued on that portion; and

(2) permit the labor organization or employee association to withdraw from the escrow account any portion of the service fee and accrued interest to which it is entitled.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.110; AS 42.40.760
Eff. 4/14/95, Register 134

Article 5 Procedure for Hearings

8 AAC 97.330 Notice of hearing {#sec-8-aac-97.330 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.330}

The labor relations agency will give notice of a hearing to the petitioner, respondent, and any intervenors at least 10 calendar days before the hearing. The notice must state the

(1) date, time, place, and nature of the hearing;

(2) bargaining unit or units involved;

(3) name of each party.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127

8 AAC 97.340 Unfair labor practice hearing {#sec-8-aac-97.340 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.340}

As required by AS 23.40.130 and AS 42.40.780, a hearing on an unfair labor practice complaint or accusation will comply with the administrative adjudication provisions of AS 44.62.330 - 44.62.630 (Administrative Procedure Act). All other hearings will be conducted in accordance with 8 AAC 97.350 - 8 AAC 97.480.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.130; AS 42.40.780
Eff. 7/22/93, Register 127; am 5/18/2002, Register 162

8 AAC 97.350 Procedures for other hearings {#sec-8-aac-97.350 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.350}

(a) Only a petitioner, complainant, respondent, party who has filed an objection under 8 AAC 97.070, or a party who has intervened under 8 AAC 97.080 has the right to present evidence and call witnesses to testify under oath at a hearing conducted under 8 AAC 97.350 - 8 AAC 97.480.

(b) The labor relations agency will, in its discretion, require the filing of written briefs.

(d) The labor relations agency will, in its discretion, require any person it considers appropriate to appear and testify at a hearing and to produce evidence.

(e) Upon the application of a party who has the right to present evidence and call witnesses at a hearing, the labor relations agency will issue a subpoena requiring the attendance and testimony of witnesses and the production of evidence. An application for a subpoena must be in writing and state the name of the witness or evidence with enough particularity to allow the witness or evidence to be identified. Service of the subpoena is to be arranged by the party.

(f) In a hearing, the petitioner, complainant, or intervenor bears the burden of proving the truth of each element necessary to that party's cause by a preponderance of the evidence.

(g) The agency will determine the time and place of a hearing.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750 AS 23.40.160; AS 42.40.810
Eff. 7/22/93, Register 127; am 5/18/2002, Register 162

8 AAC 97.355 Practice before agency {#sec-8-aac-97.355 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.355}

(a) In proceedings before the labor relations agency, a party may represent oneself or choose a person to represent the party. The party shall provide notice of representation to the agency and other parties. A representative need not be a licensed attorney.

(b) An individual may not be a representative and a witness in the same proceeding.

(c) A party naming as a witness an opposing representative must make a showing of necessity. If the agency determines that necessity exists, the opposing representative shall stop serving as a representative.

(d) A party representing oneself is not subject to (b) of this section.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 4/14/95, Register 134

8 AAC 97.360 Prehearing conference {#sec-8-aac-97.360 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.360}

(a) The labor relations agency will, in its discretion and upon reasonable notice, require the parties to attend a prehearing conference for the purpose of clarifying and simplifying the issues involved in a contested case. At a prehearing conference, the agency will, in its discretion, require the parties to disclose the evidence on which they intend to rely, the witnesses they intend to present, and the purpose for which the witnesses are to be presented.

(b) After a prehearing conference has concluded, the agency will, in its discretion, issue an order specifying the issues that will be considered and procedures that will be followed at the hearing.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127

8 AAC 97.370 Hearing officer {#sec-8-aac-97.370 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.370}

A hearing officer shall preside over a contested case. The agency will, in its discretion, appoint a hearing officer to hear the case alone and prepare a proposed decision or will hear the case with the hearing officer.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750
Eff. 7/22/93, Register 127

8 AAC 97.375 Panel assignment {#sec-8-aac-97.375 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.375}

A party may seek to disqualify an agency member from hearing a case by filing a request for disqualification as set out in AS 44.62.450 no later than 15 days after service of notice of the panel assignment. The agency will issue a determination of the request as set out in AS 44.62.450.

History

Authority: AS 23.05.360; AS 23.40.170 AS 23.05.380; AS 42.40.820
Eff. 4/14/95, Register 134

8 AAC 97.380 Consolidation and severance {#sec-8-aac-97.380 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.380}

The labor relations agency will, in its discretion, consolidate or sever cases.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.390 Motions {#sec-8-aac-97.390 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.390}

(a) A motion must be in writing or given orally on the record at a hearing and must state the grounds for the motion and the relief or order sought. A written motion must comply with 8 AAC 97.010 and 8 AAC 97.015.

(b) A motion to extend time must be accompanied by a statement that the party filing the motion discussed or attempted to discuss the extension with the other parties and must indicate whether the extension is opposed.

(c) To be considered, a response to a motion must be filed with the labor relations agency within 10 days after service of the motion. The response must be served as provided in 8 AAC 97.010 and 8 AAC 97.015. A party may respond during a hearing to a motion filed within 10 days of the hearing, unless the agency orders otherwise.

(d) Hearing oral argument or accepting a reply to a response to a motion is in the discretion of the labor relations agency.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127; am 5/20/2007, Register 182

8 AAC 97.400 Electronic participation {#sec-8-aac-97.400 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.400}

(a) The labor relations agency may allow the hearing officer, a party, a witness, a representative, or an agency member to participate in a hearing electronically or through other digital or electronic telecommunication method if the electronic participation does not result in substantial prejudice to opposing parties. A party or representative may be physically present at the same site as the witness whether or not electronic participation is used.

(b) A hearing participant shall file a request to participate electronically by telephone or through other digital or electronic telecommunication method no later than the hearing witness list due date. The requesting party shall serve a copy of the request in accordance with 8 AAC 97.015. The requesting party shall contact the labor relations agency to arrange the electronic participation by telephone or through other digital or electronic telecommunication method.

(c) Upon convening a hearing by telephone or through other digital or electronic telecommunication method, the hearing officer shall

(1) recite the date, time, case name, case number, names and locations of parties and representatives, and the type of hearing to be held;

(2) make sure that statements made by participants are audible to all participants;

(3) instruct the participants on how the hearing will be conducted, including the requirement that, in order to preserve the record, speakers must identify themselves each time they speak.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93 Register 127; am 9/28/2024, Register 251

8 AAC 97.410 Record of hearing {#sec-8-aac-97.410 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.410}

Unless an objection is made that is sustained by the agency, all documents filed with the labor relations agency, including petitions, complaints, accusations, defenses, motions, responses, and orders, are part of the hearing record without the need to be formally introduced into the record. The record of a hearing includes any evidence admitted into the record at the hearing.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.420 Hearing conduct {#sec-8-aac-97.420 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.420}

The hearing officer will take any action necessary to assure the fair and orderly conduct of a hearing, including excluding a person from the hearing room and from any further proceedings in a case for disruptive behavior or willful disobedience of the hearing officer.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.430 Closing argument {#sec-8-aac-97.430 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.430}

At the close of a hearing, a party may request or the labor relations agency will, in its discretion, require the parties to argue orally, to file briefs, or to file proposed findings of fact and conclusions of law. The agency will set the time for oral argument, filing of briefs, or filing proposed findings of fact and conclusions of law.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.440 Hearing officer's proposed decision {#sec-8-aac-97.440 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.440}

In a hearing where the hearing officer hears the case alone, the hearing officer will prepare a proposed decision and order after the close of the record in the case. The proposed decision and order, the case record, and any transcript of the hearing will be transferred to the agency for review under 8 AAC 97.450.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.450 Decisions and orders {#sec-8-aac-97.450 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.450}

(a) After considering the record and the hearing officer's proposed decision and order, the agency panel assigned to hear the case will prepare a final written decision and order.

(b) Relevant decisions of the National Labor Relations Board and federal courts will be given great weight in the decisions and orders made under this chapter and AS 23.40.070 - 23.40.260 and AS 42.40.720 - 42.40.890.

(c) If a quorum of an agency panel assigned to hear a case is deadlocked and cannot reach a decision and an agency member who is qualified to serve as a third member under AS 23.05.360(f) is available, the chair will assign the member to consider the case on a review of the record and to break the deadlock. If an agency member qualified under AS 23.05.360(f) is not available, the chair will refer the case to the full agency to consider the case on a review of the record and to issue a decision and order under (a) and (b) of this section.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.100; AS 42.40.750 AS 23.40.140; AS 42.40.790
Eff. 7/22/93, Register 127; am 4/14/95, Register 134

8 AAC 97.460 Posting a decision and order {#sec-8-aac-97.460 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.460}

(a) The labor relations agency will serve a copy of the final decision and order and a notice of the decision and order on the parties in the case.

(b) No later than 10 days following service of the notice of the final decision and order, the public employer shall post conspicuously for 10 days a copy of the notice at all work sites where members of the bargaining unit affected by the decision and order are employed.

(c) A public employer may substitute service of the decision and order on affected employees in accordance with 8 AAC 97.015 for the posting under (b) of this section.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.465 Full agency review {#sec-8-aac-97.465 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.465}

(a) No later than 15 days after service of the agency panel's decision and order, a party may move or an agency member may request that the full labor relations agency review the agency panel's decision and order if the decision and order conflicts with a decision and order issued in another case by another agency panel.

(b) Another party may respond as set out in 8 AAC 97.390(c) to a motion by a party for full agency review.

(c) The full agency will consider the motion and any response. If three agency members concur that the decisions and orders are in conflict, the full agency will review the decision and order for which review has been sought and prepare a final decision and order.

(d) Review will be by consideration of the record in the case unless the agency in its discretion orders additional oral argument, briefing, or evidence.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820 AS 23.40.140; AS 42.40.790
Eff. 4/14/95, Register 134

8 AAC 97.470 Appeals {#sec-8-aac-97.470 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.470}

(a) The labor relations agency may consider an appeal from a ruling or order of a hearing officer or an agency staff member. Any such appeal must be filed within 15 days from the date of service of the ruling or order. However, an appeal of an order of dismissal of a complaint or accusation must be made under 8 AAC 97.250.

(b) The agency will not consider an appeal under this section unless the appealing party files an affidavit or other evidence that a substantial and material factual or legal dispute exists.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127; am 5/18/2002, Register 162; am 5/20/2007, Register 182

8 AAC 97.480 Construction {#sec-8-aac-97.480 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.480}

If the labor relations agency finds that strict adherence to a regulation in this chapter will work an injustice, the agency will, in its discretion, relax or waive the requirements of that regulation.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

Article 6 Collective Bargaining Agreement

8 AAC 97.500 Filing contracts {#sec-8-aac-97.500 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.500}

(a) A public employer who has entered into a collective bargaining agreement under AS 23.40.070 - 23.40.260 or AS 42.40.720 - 42.40.890 shall file one copy of the agreement and any amendments to it with the labor relations agency

(1) no later than 9/20/93; and

(2) 60 days after execution of the agreement or amendment.

(b) Failure to comply with this section does not affect the contract rights between the parties to the agreement.

History

Authority: AS 23.05.380; AS 23.40.210; AS 42.40.860 AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

8 AAC 97.510 Petition to enforce contract {#sec-8-aac-97.510 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.510}

(a) A party to a collective bargaining agreement may file a petition with the labor relations agency to enforce the agreement. The petition must include

(1) the name, affiliation if any, address, electronic mail address, telephone and facsimile machine numbers of the petitioner and the respondent;

(2) the terms of the collective bargaining agreement that the petitioner seeks to enforce and a plain and concise statement of the reasons the petitioner seeks enforcement;

(3) a copy of the collective bargaining agreement;

(4) a statement that the party has exhausted its rights under the grievance arbitration procedure in the collective bargaining agreement or that the procedure does not apply;

(5) a copy of the grievance arbitrator's decision, if the petition is to enforce an arbitrator's decision; and

(6) a declaration by the person signing the petition that its contents are true and correct to the best of that person's knowledge and belief.

(b) A petition meeting the requirements under (a) of this section will be referred for hearing under 8 AAC 97.330 - 8 AAC 97.480.

History

Authority: AS 23.05.380; AS 23.40.210; AS 42.40.860 AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127; am 9/28/2024, Register 251

8 AAC 97.520 Answer to contract enforcement petition {#sec-8-aac-97.520 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.520}

(a) Fifteen days from the receipt of a petition to enforce a collective bargaining agreement, the respondent may file an answer to the petition. The respondent's answer must admit or deny each of the allegations contained in the petition, unless the respondent does not have the information necessary to form a belief regarding the truth of the allegation. The answer may contain a plain statement of any explanation or defense.

(b) If the respondent fails to file an answer within the time allowed, the labor relations agency will, in its discretion

(1) hold a hearing and issue a decision and order; or

(2) consider the lack of an answer to the petition as an admission and issue an appropriate order.

History

Authority: AS 23.05.380; AS 23.40.210; AS 42.40.860 AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127

Article 7 General Provisions

8 AAC 97.990 Definitions {#sec-8-aac-97.990 omnilex-key=us-ak-regs-official--title-8--8 AAC 97.990}

(a) In this chapter

(1) "confidential employee" means an employee who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in labor relations matters;

(2) repealed 4/14/95;

(3) "employee representative" means the labor or employee organization certified by the labor relations agency or recognized by a public employer as the exclusive bargaining representative for a bargaining unit of the public employer, including all labor or employee organizations recognized on June 22, 1990, by municipal school districts, regional educational attendance areas, and the state boarding school;

(4) "public employer" means the same as in AS 23.40.250 and includes the Alaska Railroad Corporation, the University of Alaska Board of Regents, the state boarding school, municipalities, school districts, and regional education attendance areas;

(5) "supervisory employee" means an individual, regardless of job description or title, who has authority to act or to effectively recommend action in the interest of the public employer in any one of the following supervisory functions, if the exercise of that authority is not merely routine but requires the exercise of independent judgment:

(A) employing, including hiring, transferring, laying off, or recalling;

(B) discipline, including suspending, discharging, demoting, or issuing written warnings;

(6) "agency" means the Alaska labor relations agency;

(7) "election supervisor" means the assigned agent of the labor relations agency responsible for the conduct of an election under 8 AAC 97.025 - 8 AAC 97.210;

(8) "service fee" means the fee paid by a nonmember of a labor organization or employee association to the exclusive bargaining agent as reimbursement for the expenses of representation under AS 23.40.110(b)(2) or AS 42.40.760(b)(2).

(b) In AS 23.40.250 "appointed officials" includes

(1) at the state level, only persons appointed directly by the governor;

(2) at the political subdivision level, only those persons appointed directly by the highest ranking executive officer of an organized borough or other political subdivision.

History

Authority: AS 23.05.380; AS 23.40.170; AS 42.40.820
Eff. 7/22/93, Register 127; am 4/14/95, Register 134; am 5/18/2002, Register 162; am 9/28/2024, Register 251

Part 11 Vocational Rehabilitation and Adult Basic Education

Chapter 98 Vocational Rehabilitation

Article 1 Plans of Service

8 AAC 98.010 Alaska plan {#sec-8-aac-98.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.010}

The State Plan for the State Vocational Rehabilitation Services Program and State Plan for the State Supported Employment Services Program Fiscal Years 1998-2000, and the State Plan for Independent Living Fiscal Years 1999-2001 under Title IV of Public Law 105-220 and as approved by the United States Department of Education effective October 1, 1998, is adopted by reference.

History

Authority: AS 23.15.010; AS 23.15.020

Article 2 Business Enterprise Program

8 AAC 98.300 Scope of regulations {#sec-8-aac-98.300 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.300}

8 AAC 98.300 - 8 AAC 98.480 apply to the Randolph-Sheppard Vending Facility Program (P.L. 83-565 as amended) administered by the division and to the state vending facility program established under AS 23.15.100(b) and AS 23.15.130.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)AS 23.15.133
Eff. 7/17/83, Register 87

8 AAC 98.310 Prerequisites for training of vending facility managers {#sec-8-aac-98.310 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.310}

(a) The division will provide training in vending facility management as appropriate, to an applicant who meets the following requirements:

(1) the applicant has had no previous training as a vending facility manager; and

(2) for placement in vending facilities on

(A) federal property, the applicant is blind and a citizen of the United States;

(B) state property, the applicant is blind or a person with a severe disability.

(b) Unless waived by the director for good cause, an applicant must

(1) have had a complete physical examination within the preceding six months, including an eye examination by an ophthalmologist or an optometrist if the applicant is blind;

(2) have completed a vocational evaluation to determine compatibility with management of a vending facility;

(3) have sufficient educational skills, knowledge, and capacity to benefit from on-the-job and formal training in the operation of a vending facility; and

(4) based on the physical examination and vocational evaluation during placement in an actual vending facility setting, be able to work an eight-hour day, five days a week, for a minimum of 30 days.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)AS 23.15.133
Eff. 7/17/83, Register 87

8 AAC 98.320 Training of vending facility managers {#sec-8-aac-98.320 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.320}

The division will determine and provide on an individual basis, the training necessary to prepare an applicant to operate as a manager of a vending facility. The training may include

(1) personal and vocational adjustment;

(2) business management (e.g. customer relations, business mathematics, merchandising, inventory control, financial reporting, taxation, and accounting procedures);

(3) food handling and preparation;

(4) books, tests, and other training devices or materials; and

(5) temporary relocation out-of-state.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)AS 23.15.133
Eff. 7/17/83, Register 87

8 AAC 98.330 Certification of trained vending facility managers {#sec-8-aac-98.330 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.330}

(a) The division will certify an applicant to operate as a manager of a vending facility on federal property if the applicant meets the requirements of 8 AAC 98.310(a)(2)(A) and has successfully completed the training program described in 8 AAC 98.320.

(b) The division will certify an applicant to operate as a manager of a vending facility on state property if the applicant meets the requirements of 8 AAC 98.310(a)(2)(B) and has successfully completed the training program described in 8 AAC 98.320.

(c) An applicant who meets the requirements of 8 AAC 98.310(a)(2)(A) and (B) and who has successfully completed the training program described in 8 AAC 98.320 will be certified under both (a) and (b) of this section.

(d) A person who is certified as a vending facility manager will be enrolled on the vending program roster for placement in a vending facility as a substitute manager.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)AS 23.15.133
Eff. 7/17/83, Register 87

8 AAC 98.340 Licensing of certified vending facility managers {#sec-8-aac-98.340 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.340}

(a) The division will license a certified vending facility manager into a vending program when

(1) a vending facility in that vending program is available for immediate placement; and

(2) the division and the certified vending facility manager have entered into a written operating agreement setting out the manager's duties under this chapter.

(b) A temporary license is issued for an initial six-month evaluation period. Following successful completion of the six-month period, evidenced by the licensee's compliance with 8 AAC 98.370, a permanent license will be issued. A license is not transferable and is revocable under 8 AAC 98.460. A license does not authorize the holder to operate a vending facility at a location other than that described in the license.

(c) The division will apply the following priorities in the order listed to select a certified vending facility manager for licensure:

(1) a current licensee who requests a new location; when more than one licensee requests promotion or transfer to another facility, the division will review each candidate based on seniority, training, and past performance as described in 8 AAC 98.370;

(2) a certified vending facility manager who has demonstrated his ability to manage a facility; when more than one manager requests placement in a facility, the division will review each candidate based on seniority, evaluations by the division staff, and evaluation reports filed by licensees for whom the manager has worked; and

(3) a former licensee who wishes to return to a vending program and whose previous record demonstrates his ability as a licensee; the division will review each candidate based on training, experience, past performance, and reason for leaving the vending program.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)AS 23.15.133
Eff. 7/17/83, Register 87

8 AAC 98.350 Reimbursement {#sec-8-aac-98.350 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.350}

(a) The division will pay the personal moving costs, at the rate allowed for state employees, for a licensee entering a vending program for the first time when the vending facility to which the licensee is assigned is at least 50 miles from his or her present home.

(b) A current licensee selected for a new facility or a former licensee requesting re-entry into a vending program must pay personal moving costs.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.360 Continuing education {#sec-8-aac-98.360 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.360}

In consultation with the committees of vendors (8 AAC 98.455), the division will provide appropriate in-service training and post-employment services for licensees to expand and improve their capacity for moving upward within the program.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.370 Responsibilities of a licensee {#sec-8-aac-98.370 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.370}

The responsibilities of a licensee include

(1) operating the facility in accordance with laws relating to vending facilities, public health, taxes, compensation of employees, worker's compensation, insurance, civil rights, and fire and safety codes;

(2) maintaining business accounts and records separate from personal accounts;

(3) maintaining a commercial bank account in which all funds not required as cash on hand are deposited;

(4) making payment for all business expenses in a timely fashion;

(5) retaining receipts for goods and services bought for the business;

(6) submitting accurate and timely reports to the division; and

(7) obtaining and maintaining personal and property damage liability insurance, naming the State of Alaska as an additional insuree, with limits of $100,000 for each person and $300,000 for each occurrence, and insurance against loss by fire or other hazard of the vending facility property.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.380 Vending facility staffing {#sec-8-aac-98.380 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.380}

(a) A vending facility operator shall personally operate the facility unless he or she has designated an assistant manager, a temporary relief manager, or a substitute vacation manager who has been approved by the division.

(b) The vending facility operator must submit to the division the name of the designated temporary relief manager or substitute vacation manager as far in advance as possible. Except for good cause, advance requests for substitute vacation managers must be submitted at least 30 days before the proposed vacation.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.390 Establishment of vending facility locations {#sec-8-aac-98.390 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.390}

In deciding to establish vending facility locations on federal property, in state buildings, and in private buildings where vending facilities are permitted by the owner, the division will apply the following criteria:

(1) the building in which the vending facility is to be located must either house at least 250 employees on a daily basis or evidence foot traffic through it of at least 400 persons daily;

(2) at least 250 square feet of floor space must be available for the vending facility;

(3) adequate utility outlets or hookups must be available; and

(4) a permit or authorization to establish a vending facility in the building must be obtainable.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.400 Equipment, fixtures, and initial stock {#sec-8-aac-98.400 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.400}

(a) The division will provide architectural services, equipment, fixtures, initial supplies and inventory, and initial operating funds necessary for each vending facility that it establishes in a federal or state public building.

(b) All rights to, title to, and interest in the equipment, fixtures, initial inventory, and initial operating funds remain vested in the division.

(c) A licensee may not acquire on his or her own or make additions to or reductions in equipment provided to the facility by the division without the prior written approval of the division.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.410 Repair and replacement of equipment and fixtures {#sec-8-aac-98.410 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.410}

(a) The division will maintain all vending equipment and will replace worn out or obsolete equipment as required. A licensee shall take reasonable care of equipment and perform routine day-to-day maintenance of that equipment.

(b) The division will pay the entire cost of repair of vending facility equipment during

(1) the first six months of operation of a facility by a new licensee;

(2) the first six months of operation of a new facility;

(3) the first three months of operation for equipment transferred from one facility to another; and

(4) the first 30 days for equipment in a facility to which a licensee has been transferred or promoted from another facility.

(c) After the lapse of the applicable time set out in (b) of this section, the licensee shall pay the first $50 of repair costs when the division has first authorized the repair. The division will pay remaining repair costs. Unauthorized repairs are the sole responsibility of the licensee unless the repairs were necessary to avoid the loss of life or property.

(d) Each vending facility operator is responsible for reporting to the division, at the first opportunity, all incidents of damage, breakage, theft, or malfunction of facility equipment or fixtures.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.420 Termination of business {#sec-8-aac-98.420 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.420}

(a) A licensee who discontinues operation of a vending facility is responsible for financial liabilities incurred in operating the facility. If the wholesale value of saleable merchandise, cash on hand, and the facility account is greater than the value of the original inventory and cash provided the facility by the division, the division will reimburse the licensee for the excess, less any unpaid bills or other liabilities. If the wholesale value of saleable merchandise, cash on hand, and the facility account is less than the value of the original inventory and cash provided the facility by the division, the licensee shall pay the division the balance plus any unpaid bills and other liabilities.

(b) When a licensee discontinues operation of a vending facility, the licensee and the division shall conduct an inventory to ensure that the equipment, fixtures, and initial inventory that the division provided are accounted for and in operable condition.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.430 Distribution and use of vending machine income {#sec-8-aac-98.430 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.430}

(a) The net proceeds from vending machines operated by private persons in state or federal buildings for profit must be paid into the vocational rehabilitation small business enterprise revolving fund on a quarterly basis. Income derived from vending machines in federally owned or leased buildings will be held and accounted for separately from any income from vending machines in state owned or leased buildings and will be expended only to assist licensees on federal property.

(b) If a vending machine is in direct competition with a licensee in the same building, the net proceeds from the machine accrue to the licensee in an amount not to exceed the lesser of

(1) the average net income of all licensees within the state, determined each federal fiscal year on the basis of the prior federal fiscal year's operation; or

(2) an amount equal to the average net income of all blind vending facility operators in the United States, determined on the basis of the prior fiscal year's operation.

(c) This section does not apply to income from a vending machine which is part of a vending facility operated by a licensee.

(d) The division will retain the net proceeds from vending machines not in direct competition with a licensed vending facility and net proceeds exceeding the requirements of (b) of this section. The division will use the proceeds to aid licensees by providing for

(1) vacation time, health insurance plans, retirement, and pension plans;

(2) maintenance of equipment;

(3) purchase of new or replacement equipment;

(4) management and consultative services;

(5) a fair minimum return to beginning licensees; and

(6) all or part of the cost of constructing new vending facilities.

(e) Use of the net proceeds committed by the division to benefits described in (d)(1) of this section will be determined by a majority of licensees on a biennial basis.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.440 Income and set-aside fund {#sec-8-aac-98.440 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.440}

(a) Except as provided in (b) of this section the monthly net profit of a vending facility is a licensee's monthly income under the vending facility program.

(b) The division will augment the income of a licensee up to the state minimum wage when the licensee's income is below the state minimum wage and

(1) the licensee has been licensed six months or less; or

(2) the vending facility has been in operation for six months or less.

(c) If a majority of licensees approves, the division will establish a set-aside fund from the net profits of the licensees' vending facilities to provide assistance under 8 AAC 98.430(d)(1) - (6) when revenues from 8 AAC 98.430(a) are insufficient.

(d) If the division establishes a set-aside fund, it will state in writing the assessment for each vending facility and, in the case of vending facilities on federal property, will submit the set-aside plan to the commissioner of rehabilitation services for his review and approval as required by 34 C.F.R. 395.3(a)(11)(IV).

(e) Set-aside profits from vending facilities on federal property will be accounted for separately from those derived from vending facilities on state property, and will be expended in accordance with 8 AAC 98.430(d)(1) - (5) to assist only licensees on federal property.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)AS 23.15.120
Eff. 7/17/83, Register 87

8 AAC 98.450 Access to program and financial information {#sec-8-aac-98.450 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.450}

The division will provide licensee access to all financial data regarding the vending programs and will prepare an annual financial report on the vending programs for distribution to licensees.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.455 Active participation by vendors {#sec-8-aac-98.455 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.455}

(a) The committee of blind vendors consists of all blind persons in the vending facility program. The committee of vendors with disabilities consists of all persons with severe disabilities in the vending facility program who are not members of the committee of blind vendors.

(b) The division will conduct biennial elections of officers for the committee of blind vendors and the committee of vendors with disabilities.

(c) The division will forward the following items to each committee for its recommendations within 30 days after it receives the item:

(1) proposed policies for the transfer and promotion of licensees;

(2) proposed regulations affecting the vending facility program;

(3) proposed training and retraining programs; and

(4) potential sites for the establishment of vending facilities.

(d) At the written request of a licensee, filed within the division, the appropriate committee may represent the licensee during an administrative review and evidentiary hearing.

History

Authority: AS 23.15.020; AS 23.15.134; AS 23.15.135
Eff. 7/17/83, Register 87

8 AAC 98.460 Revocation of licenses {#sec-8-aac-98.460 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.460}

(a) A license is issued for an indefinite period of time but may be suspended or revoked by the division after affording the licensee an opportunity for an administrative review and evidentiary hearing under 8 AAC 98.470 and 8 AAC 98.480, respectively, for any of the following reasons:

(1) in the case of facilities on federal property, the licensee experiences an improvement of vision so that the licensee is no longer blind, or, in the case of facilities operated on state property, the licensee experiences an improvement in the disabling condition so that the licensee is no longer blind or severely disabled;

(2) absences from the facility of more than four days without approval from the division;

(3) extended illness (exceeding three months) with a medical diagnosis of prolonged incapacity to operate the vending facility in a manner consistent with the needs of the location, or other available locations in the vending facility program; this period may be extended by the director if adequate coverage of the facility can be arranged;

(4) a request by the management of the building in which the vending facility is located that the operator be moved for failure to comply with applicable building rules;

(5) operating the facility in a manner that places the division's investment in the facility at risk, including destruction or neglect of equipment, failure to follow fire and safety standards, failure to pay wholesalers, failure to keep adequate stock on hand, or carrying on illegal practices;

(6) failure to pay a government agency, supplier, or creditor any taxes or other money due;

(7) refusal to cooperate with the division or to abide by the terms of the written operating agreement;

(8) demonstrated incompetency in the operation of a vending facility, including inadequate record keeping, failure to keep the required hours on a consistent basis, failure to employ adequate staff during absences, and failure to accept division management oversight;

(9) submitting untimely, inaccurate, or false reports on expenditures and income to the division; or

(10) failure to comply with the provisions of this chapter or with applicable health codes.

(b) In its discretion, the division will permit a licensee to continue operating the facility for a probationary period in place of revocation proceedings. The initial probationary period will not exceed 90 days. During the probation, the licensee shall take corrective action. If the licensee takes corrective action but is experiencing difficulty in compliance, the division will, in its discretion, extend the probation for an additional 90 days.

(b) The licensee will be notified of the probationary period in writing by certified mail with return receipt requested. Probation will begin on the date the letter is received.

History

Authority: AS 23.15.010; AS 23.15.100
Eff. 7/17/83, Register 87

8 AAC 98.470 Administrative review {#sec-8-aac-98.470 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.470}

An administrative review is the procedure through which a licensee or his representative may seek review of an adverse division action arising from the administration of the vending facility program. The following procedures apply in the conduct of an administrative review:

(1) At the time of licensing, the division will inform the licensee in writing of his right to seek administrative review of adverse actions, and the procedures to be followed in obtaining an administrative review.

(2) A licensee or his designee must request an administrative review within 15 working days after the action by which he is aggrieved.

(3) A written request for an administrative review, stating the issues to be resolved, must be submitted to the director of the division.

(4) The division will assign as review officer a member of its administrative staff who has not in any way participated in the challenged agency action.

(5) The division will conduct the review within 15 working days after it receives the written request of the licensee. The division will hold the review in the division office nearest the licensee during regular agency hours at a time convenient to the licensee.

(6) The division will provide transportation and reader or other communication services to the vending facility operator when necessary.

(7) A record of the administrative review will be maintained for two years.

(8) When an administrative review does not resolve a dispute to the satisfaction of the licensee, the licensee may request an evidentiary hearing.

History

Authority: AS 23.15.020(c)AS 23.15.100(b)
Eff. 7/17/83, Register 87

8 AAC 98.480 Evidentiary hearing {#sec-8-aac-98.480 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.480}

(a) A licensee, or his designee, must request an evidentiary hearing within 15 working days after any administrative review decision he or she wishes to appeal.

(b) The following procedures apply to the conduct of an evidentiary hearing:

(1) If a licensee is denied a right or privilege, the division will issue a statement of issues setting out the reasons for the denial.

(2) If a licensee's license is revoked or suspended, or the licensee is otherwise disciplined, the division will issue an accusation setting out the reasons for the action.

(d) Nothing in this section precludes a qualified person from filing a request to arbitrate a grievance under 20 U.S.C. 107d-1.

History

Authority: AS 23.15.020(c)AS 23.15.120; AS 23.15.180 AS 23.15.100(b)AS 23.15.135
Eff. 7/17/83, Register 87

Article 3 Confidentiality of Personal Information

8 AAC 98.510 Purpose {#sec-8-aac-98.510 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.510}

The purposes of 8 AAC 98.510 - 8 AAC 98.550 are:

(1) to protect client privacy;

(2) to assure client access to personal information maintained by the division; and

(3) to establish procedures governing access to personal information, as required by 34 CFR 361.49 and AS 23.15.190.

History

Authority: AS 23.15.020; AS 23.15.120 AS 23.15.100(b)AS 23.15.190
Eff. 7/17/83, Register 87

8 AAC 98.520 Collection, use, and confidentiality of information {#sec-8-aac-98.520 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.520}

(a) The division will collect only personal information which is necessary for the administration of the vocational rehabilitation program.

(b) The division will inform each client or, as appropriate, the client's parent, guardian, or other representative of the collection and use of personal information.

(d) The division will maintain personal information in the client case record for three years after the completion of services. The case record will identify the source of any information, if known, unless the source is the client.

(e) All personal information, including lists of names and addresses and photographs, is confidential.

(f) Information provided under (b) of this section will be in the language or other means of communication which the client understands.

History

Authority: AS 23.15.020; AS 23.15.100(b)AS 23.15.190
Eff. 7/17/83, Register 87

8 AAC 98.530 Release of information to client {#sec-8-aac-98.530 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.530}

(a) Upon receiving a signed written request of a client or, as appropriate, the client's parent, guardian, or other representative, the division will release personal information to the client or the parent, guardian, or other representative.

(b) In the case of medical or psychological information the knowledge of which the division determines may be harmful to the client, the information will be released to a parent, guardian, or other representative of the client or to a physician or licensed psychologist who may release the information to the client.

(c) If the information requested was originally obtained from another agency or professional, it will be released only under conditions established by that agency or professional.

(d) If, during the course of a hearing, a hearing officer determines that information sought by the client is relevant to the issue under consideration he or she may order that information to be made available to the client.

(e) The division will respond to a request made under this section within 10 working days after receipt of the request. The division will provide copies of any document to the client or the client's parent, guardian, or other representative at a cost of $.25 a page.

History

Authority: AS 23.15.020; AS 23.15.100(b)AS 23.15.190
Eff. 7/17/83, Register 87; am 12/14/86, Register 100

(a) The division will release client information to a person other than the client or the client's parent, guardian, or other representative, if

(1) release is for a purpose directly connected with the administration of the vocational rehabilitation program only; and

(2) the client or, as appropriate, the client's parent, guardian, or other representative consents in writing.

(b) Personal information released under this section may be used only for the purpose for which it is provided and may not be further released to any person or agency. The person to whom it is released must provide written assurance to this effect.

(c) If information requested has been obtained from another agency or professional, it will be released only under conditions established by that agency or professional.

(d) The division will charge $.25 per page for copies of any document released under this section.

History

Authority: AS 23.15.020; AS 23.15.100(b)AS 23.15.190
Eff. 7/17/83, Register 87; am 12/14/86, Register 100

(a) The division will, in its discretion, release personal information without the consent of the client for purposes directly related to the administration of the vocational rehabilitation program, including

(1) release to any federal or state official who has legal authority to audit or review activities of the division;

(2) release to an evaluation or research project;

(3) release to the Social Security Administration for the purpose of making eligibility determinations;

(4) release to medical personnel in the event of a medical emergency;

(5) release to protect the client or others if the division determines that the client is a threat to himself or others;

(6) release to settle complaints or other actions taken by the client against the division or its staff; and

(7) release for referral purposes if the division determines that release is otherwise necessary for the administration of the vocational rehabilitation program.

(b) When information is released under this section for an evaluation or research project, it may be released only if the person conducting the project agrees to the following conditions:

(1) personal information will be released only to persons officially connected with the evaluation or research project and will not be released for any other purpose;

(2) personal information will not be released to the client;

(3) the final product will not contain personal information without the written authorization of the division and the written consent of the client or, as appropriate, the client's parent, guardian, or other representative; and

(4) personal information will not be removed from the division's office unless the director determines that it is essential to research.

(c) The division will not release personal information to any law enforcement official including a public prosecutor, without the written consent of the client, unless

(1) the division determines that release is necessary for the administration of the vocational rehabilitation program; or

(2) release is required by court order.

(d) Personal information released under this section may be used only for the purpose for which it is provided.

(e) Approval of the director of the division is required for the release of information under this section.

(f) The division will charge $.25 per page for copies of any document released under this section.

History

Authority: AS 23.15.020; AS 23.15.100(b)AS 23.15.190
Eff. 7/17/83, Register 87; am 12/14/86, Register 100

Article 4 Hearings and Appeals

8 AAC 98.600 Scope {#sec-8-aac-98.600 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.600}

(a) 8 AAC 98.600 - 8 AAC 98.630 govern an appeal by an applicant or recipient of vocational rehabilitation services from a decision regarding vocational rehabilitation services.

(b) The division will notify an applicant or recipient or that individual's parent, guardian, or representative, in writing, of appeal rights and procedures and of the client assistance program, at the time of application and when a determination of ineligibility for services is made. The notification will include information concerning

(1) the decision regarding ineligibility; and

(2) the basis for, and effective date of, that decision.

History

Authority: AS 23.15.020; AS 23.15.100; AS 23.15.180
Eff. 10/29/87, Register 104

8 AAC 98.610 Procedures for administrative review {#sec-8-aac-98.610 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.610}

(a) An applicant or recipient, or that individual's parent, guardian, or representative, may request an administrative review in accordance with 34 C.F.R. 361.48 and this section to express a grievance and seek a remedy for dissatisfaction with services or decisions concerning services of the division if

(1) the division action causing the concern in question happened within the 30 days before the request for the administrative review; and

(2) previous efforts to remedy the concern have been unsatisfactory for the applicant or recipient.

(b) The request must be sent in writing to the division, and must include the issues to be resolved by an administrative review.

(1) assigning as review officer a supervisory staff person who has not participated in the division action in question;

(2) scheduling the administrative review within 15 working days after the request, or at an alternative time convenient to the aggrieved applicant or recipient; the division will schedule the review in the district office nearest to the aggrieved applicant or recipient, during regular working hours;

(3) providing appropriate communication methods for a sensory-impaired individual or an individual who does not understand the English language;

(4) providing transportation to the aggrieved applicant or recipient if necessary.

(d) The division will advise the aggrieved applicant or recipient, in writing, of the decision of the appeal within 10 working days after the review. The division will maintain an official administrative review process record regarding the administrative review action and decisions resulting from the action. This record will be placed in the case file.

(e) If an administrative review does not resolve a dispute to the satisfaction of the aggrieved applicant or recipient, she or he may request a fair hearing in accordance with 34 C.F.R. 361.48 and 8 AAC 98.630.

History

Authority: AS 23.15.020; AS 23.15.100; AS 23.15.180
Eff. 10/29/87, Register 104

8 AAC 98.620 Change to the individualized written rehabilitation program; procedures for expedited administrative review {#sec-8-aac-98.620 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.620}

(a) The division will notify a recipient or that individual's parent, guardian, or representative, in writing, of the division's proposed change to the individualized written rehabilitation program (IWRP) before the change is made. A recipient who wishes to appeal a decision regarding a change in the IWRP, and to continue any disputed services contained in the original IWRP, must, in writing, request an expedited administrative review from the division before the effective date of change of the service.

(b) Upon receipt of a request for an expedited administrative review, the division will schedule the administrative review and make a decision within 30 calendar days after the proposed effective date of the change.

(c) Except as provided in (e) of this section, the division will provide the disputed service for up to 30 calendar days after the proposed effective date of the change, through completion of the expedited review.

(d) In the case of a client in extended evaluation status, the division will notify the client of the proposed change 40 days before the expiration of the 18-month limit to extended evaluation set by 34 C.F.R. 361.34, in order to continue services during the expedited review.

(e) A disputed service will not be provided after the proposed effective date of the change, during the expedited review, if

(1) the service had been planned or authorized but had not commenced;

(2) medical or psychological information in the case file indicates that the service is not appropriate; or

(3) the 18-month period of extended evaluation has expired.

History

Authority: AS 23.15.020; AS 23.15.100 AS 23.15.080; AS 23.15.180
Eff. 10/29/87, Register 104

8 AAC 98.630 Procedures for fair hearing {#sec-8-aac-98.630 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.630}

(a) The division will provide a fair hearing in accordance with 34 C.F.R. 361.48 to an applicant or recipient who is not satisfied with the decision of the administrative review.

(b) During the application process, the division will notify the applicant or that individual's parent, guardian, or other representative, in writing, of the right to a fair hearing and the procedure for obtaining one.

(c) An applicant or recipient, or that individual's parent, guardian, or other representative, must request a fair hearing within 15 working days following receipt of the written administrative review decision she or he wishes to appeal. The request must be made in writing to the division director.

(d) The division director will

(1) schedule the fair hearing date within 15 days following the receipt of the request unless the division and aggrieved applicant or recipient agree in writing to a later time;

(2) hold the hearing in the division office nearest the aggrieved applicant or recipient during regular working hours;

(3) assign as hearing officer a person who has had no involvement with the division action which is at issue or with the administrative review;

(4) advise the aggrieved applicant or recipient of the client assistance program and of legal sources that are available in the community;

(5) provide appropriate communication methods for a sensory impaired individual or an individual who does not understand the English language;

(6) provide the aggrieved applicant or recipient with relevant information necessary to prepare the case.

(e) The division will not pay for legal counsel.

(f) During the fair hearing, the aggrieved applicant or recipient, or that individual's parent, guardian, or other representative, will have the opportunity to

(1) present his or her case, or use an authorized representative;

(2) call witnesses;

(3) present his or her case by oral or documentary evidence;

(4) submit rebuttal evidence;

(5) cross-examine witnesses.

(g) All documents introduced as evidence will be filed with the hearing officer and provided to the other party. All evidence will be open to examination by each party.

(h) A transcript of all oral evidence will be available to both parties. The division will pay all transcript costs and will make one copy available to the aggrieved applicant or recipient.

(i) The transcript of testimony, exhibits, and all papers and documents filed in the hearing, constitute the exclusive record for the decision.

(j) The final decision will set out the principal issues and relevant facts presented at the hearing and the applicable provisions of law and agency policy. It will

(1) contain findings of facts and conclusions with respect to each issue, and the basis for the findings;

(2) recommend remedial action necessary to resolve the issues and disputes;

(3) be made in writing by the director, and will not be delegated to any other officer of the division.

(k) The decision will be made within 15 working days after the hearing, and will be mailed to the aggrieved applicant or recipient by certified mail, return receipt requested.

History

Authority: AS 23.15.020; AS 23.15.100; AS 23.15.180
Eff. 10/29/87, Register 104

Article 5 Order of Selection for Vocational Rehabilitation Services

8 AAC 98.700 Order of selection for vocational rehabilitation services {#sec-8-aac-98.700 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.700}

(a) Using the order of selection set out in (b)(1) of this section, the division will select eligible individuals to be provided vocational rehabilitation services, if the director determines, based upon the projected availability of appropriations and personnel resources, and for one or more of the following reasons, that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the state who apply for those services:

(1) the division cannot adequately conduct outreach to underserved populations;

(2) the division is unable to make eligibility determinations in a timely manner;

(3) without creation of a wait list, the division cannot assure the development and implementation in a timely manner of individualized plans for employment for eligible individuals as required under 29 U.S.C. 721(a)(9) and 722(b), and as provided for in the state plan for vocational rehabilitation services adopted by reference in 8 AAC 98.010;

(4) without creation of a wait list, the division cannot provide the full range of vocational rehabilitation services to individuals eligible for those services.

(b) If the director makes a determination under (a) of this section that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the state who apply for those services,

(1) the division will provide services according to the following order of selection, by category:

(A) first, to individuals with the most significant disabilities;

(B) second, to individuals with significant disabilities;

(2) the director will provide public notice of that determination, at a minimum by publication in a newspaper of general circulation;

(3) in a public notice under (2) of this subsection, the director will state the

(A) the date on which the order of selection will be implemented;

(B) each reason for implementing the order of selection; and

(4) the division will apply the order of selection to all individuals with disabilities in the state who are found eligible for services on or after the implementation date stated in (3)(A) of this subsection; the division will not apply the order of selection to individuals who are found eligible before that date;

(5) the division will maintain a statewide wait list, by category and application date, of eligible individuals whose category within the order of selection is not one for which the division will provide services; and

(6) on and after the implementation date stated in (3)(A) of this subsection, the division will provide each applicant for services with an oral and written explanation of the order of selection process.

(c) On and after the implementation date stated in (3)(A) of this subsection for an order of selection, and upon a determination of eligibility and completion of the certification of eligibility, the division will

(1) determine the category within which the eligible individual is to be classified, and include in the individual's case record the reasons for that classification; if the individual is classified within the category for individuals with the most significant disabilities or for individuals with significant disabilities, the division will clearly describe and quantify, within the case record,

(A) the limitations in functional capacities caused by each of the individual's disabilities;

(B) each condition under which each limitation in a functional capacity occurs; and

(2) place, on the statewide wait list maintained under (b)(5) of this section, an eligible individual whose category is not one for which the division will provide services under the order of selection;

(3) provide written notification to an eligible individual of the category within which that individual is to be classified; if that category is not one for which the division will provide services under the order of selection, the division will include an explanation of the availability of and procedures for administrative review under 8 AAC 98.610; and

(4) provide information and referral services to an eligible individual whose category is not one for which the division will provide services under the order of selection.

(d) After a determination under (c)(1) of this section, if the division obtains additional information relevant to that determination, the division will reassess its information to assure that the determination is accurate.

(e) If appropriations and personnel resources become available to serve individuals placed on the statewide wait list, the division will select individuals from that list first by category within the order of selection, and second in the date order in which applications were received. The division will make two attempts to notify a selected individual in writing and offer to develop an individualized plan for employment. If an individual does not respond to those notifications, the division will close the case record for that individual.

(f) Once a year, the division will contact individuals placed on the statewide wait list and provide them information on their status.

(g) In this section,

(1) "disability" means a physical or mental impairment that constitutes or results in a substantial impediment to employment;

(2) "functional capacity" means a capacity to function in a work environment; "functional capacity" includes

(A) mobility;

(B) communication;

(D) self-direction;

(E) interpersonal skills;

(F) work tolerance; and

(G) work skills;

(3) "individual with a disability" means an individual who

(A) has a physical or mental impairment that, for that individual, constitutes or results in a substantial impediment to employment; and

(B) can benefit in terms of an employment outcome from vocational rehabilitation services;

(4) "individual with a most significant disability" means an individual who has a severe physical or mental impairment that seriously limits three or more functional capacities in terms of an employment outcome, and whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time;

(5) "individual with a significant disability" means an individual who

(A) has a severe physical or mental impairment that seriously limits one or more functional capacities in terms of an employment outcome, and whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; or

(B) is receiving disability benefits under 42 U.S.C. 401 - 433 (Social Security Act) or 42 U.S.C. 1381 - 1385 (Supplemental Social Security Act);

(6) "information and referral services" means vocational rehabilitation information, advice, and guidance to assist individuals in achieving employment; "information and referral services" includes appropriately referring individuals to federal, state, and other programs, including one-stop career centers, that are best suited to meet the individual's specific employment needs;

(7) "multiple vocational rehabilitation services" means two or more primary vocational rehabilitation services;

(8) "primary vocational rehabilitation service" means a vocational rehabilitation service that reduces the impact of a limitation in functional capacity on an employment outcome; "primary vocational rehabilitation service"

(A) includes

(i) physical and mental restoration services;

(ii) training services;

(iii) placement services;

(iv) interpreter services;

(v) recruitment and training in public service;

(vi) occupational licenses, tools, equipment, and initial stocks and supplies;

(vii) rehabilitation technology, telecommunication, sensory, and other technological aids and devices;

(viii) referral services;

(ix) supported employment services; and

(x) services for the blind, including reader services, rehabilitation teaching, and orientation and mobility services; and

(B) does not include

(i) assessments to determine eligibility and vocational rehabilitation needs;

(ii) customary guidance and counseling provided during the management of vocational rehabilitation cases; or

(iii) supportive services that complement the provision of primary vocational rehabilitation services and that are provided while an individual with a disability is receiving primary vocational rehabilitation services; for purposes of this sub-subparagraph, supportive services include transportation, vehicle modifications, maintenance, services to family members, and personal assistance services, on or off the job.

History

Authority: AS 23.15.090; AS 23.15.100
Eff. 6/24/2004, Register 170

Article 6 General Provisions

8 AAC 98.990 Definitions {#sec-8-aac-98.990 omnilex-key=us-ak-regs-official--title-8--8 AAC 98.990}

Unless the context requires otherwise, in this chapter and AS 23.15.010 - AS 23.15.320

(1) "director" means the director of the division of vocational rehabilitation of the Department of Labor and Workforce Development or the director's designee;

(2) "division" means the division of vocational rehabilitation of the Department of Labor and Workforce Development;

(3) "net proceeds" means the conventional returns or commissions which would normally be paid by the machine operator to the building owner for the right to place his machines in that building, and will be negotiated between the machine operator and the division;

(4) "public building" means any building owned, leased or occupied by the state or an agency of the state for public purpose, financed by state funds or public bond indebtedness; however, it does not include buildings located on any land subject to the provisions of 42 U.S.C. 354, 354a or 353, or which is similarly reserved in trust for the benefit of the University of Alaska;

(5) "blind" means a person who, after examination by a physician skilled in the diseases of the eye or an optometrist, has been determined to have not more than 20/200 central visual acuity in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20°;

(6) "personal information" means information which includes the names of a client or the client's parent, guardian, or other representative; the address of the client; a personal identifier, such as the client's social security number or student number; or a list of personal characteristics or other information which would make it possible to identify the client with reasonable certainty;

(7) "set-aside fund" means the fund established under 8 AAC 98.440 from the money paid by licensees to the division from the net profits of the operation of each vending facility;

(8) "person with a severe disability" means the same thing as in AS 23.15.210(8); it includes the condition of a person who meets the criteria of severe disability published in the Rehabilitation Services Manual; (1974 MT2);

(9) "vending program" means the state business enterprise program and the federal vending facility program for the blind established by the Randolph-Sheppard Act. (P.L. 83-565 as amended);

(10) "IWRP" means an individualized written rehabilitation program that is jointly developed by the vocational rehabilitation counselor and the client or that individual's parent, guardian, or other representative, and that states, in writing, the rehabilitation services to be provided.

History

Authority: AS 14.07.060; AS 23.15.020; AS 23.15.100
Eff. 12/7/77, Register 64; am 7/17/83, Register 87; am 10/29/87, Register 104

Chapter 99 Alaska Adult Education and Diplomas Under Special Conditions

Article 1 Adult Education Diplomas

8 AAC 99.010 Delegation of authority to issue diplomas in connection with adult education programs {#sec-8-aac-99.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 99.010}

District school boards offering secondary education programs for adults may issue certificates of completion or diplomas provided the program standards for graduation meet those prescribed by the commissioner.

History

Authority: AS 44.31.020

Article 2 High School Equivalency Test

8 AAC 99.110 High school equivalency test {#sec-8-aac-99.110 omnilex-key=us-ak-regs-official--title-8--8 AAC 99.110}

The General Educational Development (GED) test is the official state high school equivalency test.

History

Authority: AS 44.31.020
Eff. 3/1/78, Register 65; am 12/29/2013, Register 208; am 3/17/2022, Register 241

8 AAC 99.120 Eligibility {#sec-8-aac-99.120 omnilex-key=us-ak-regs-official--title-8--8 AAC 99.120}

(a) A person is eligible to

(1) take the GED test if the following criteria are met:

(A) the person is 18 years of age or older;

(B) repealed 3/17/2022;

(D) the person has not received a diploma or certificate through a high school or GED program in another state, province, or U.S. possession; and

(2) receive an Alaska high school diploma by examination if

(A) the criteria in (1) of this subsection are met; and

(B) the person has attained the passing standard in all content areas as set by the GED Testing Service.

(b) Repealed 3/17/2022.

(1) take the GED test if the criteria in (a)(1)(C) and (D) of this section are met and if one of the following is presented to the proctor of the official testing center:

(A) a legal emancipation document;

(B) a signed statement of test consent from a parent or legal guardian and official documentation from the last school attended:

(2) receive an Alaska high school diploma by examination if the criteria in (1) of this subsection and in (a)(2)(B) of this section are met.

(d) Repealed 11/23/94.

(e) Repealed 4/4/96.

(f) A person may retake any part of the GED test the person has failed. If a battery or subtest is readministered to an applicant, a different form of the test is used. The highest score achieved is recorded.

History

Authority: AS 44.31.020
Eff. 3/1/78, Register 65; am 5/26/79, Register 70; am 6/9/85, Register 94; am 11/23/94, Register 132; am 4/4/96, Register 138; am 4/19/97, Register 142; am 12/6/2003, Register 168; am 12/29/2013, Register 208; am 3/17/2022, Register 241

8 AAC 99.130 Official test sites {#sec-8-aac-99.130 omnilex-key=us-ak-regs-official--title-8--8 AAC 99.130}

(a) The department may consult with the GED Testing Service regarding applications of agencies that seek to become official testing centers, that agree to conduct their GED testing activities in accordance with the requirements of this section, 8 AAC 99.140, 8 AAC 99.190, and that are

(1) school districts;

(2) accredited institutions of higher education; or

(3) organizations that serve the needs of adult learners.

(b) The cost for taking the computer-based test is determined by the GED Testing Service. The department will not charge an addition state testing fee.

History

Authority: AS 44.31.020
Eff. 3/1/78, Register 65; am 5/26/79, Register 70; am 11/23/94, Register 132; am 12/29/2013, Register 208

8 AAC 99.140 State GED program office {#sec-8-aac-99.140 omnilex-key=us-ak-regs-official--title-8--8 AAC 99.140}

(a) The department, serving this state's GED program office, is responsible for maintaining permanent transcript records for all persons for whom the armed forces of the United States, the director of a federal Veterans Health Administration (VA) hospital, a federal correctional institution, or the GED Testing Service has submitted official transcripts under 8 AAC 99.120.

(b) The department or a third-party vendor may issue initial diplomas and transcripts to all residents of this state who meet the requirements set out in 8 AAC 99.120 for a high school diploma by examination.

History

Authority: AS 44.31.020
Eff. 3/1/78, Register 65; am 5/26/79, Register 70; am 6/9/85, Register 94; am 12/29/2013, Register 208; am 3/17/2022, Register 241

8 AAC 99.190 Definitions {#sec-8-aac-99.190 omnilex-key=us-ak-regs-official--title-8--8 AAC 99.190}

In 8 AAC 99.110 - 8 AAC 99.190, unless the context requires otherwise,

(1) "applicant" means an individual who has applied to an official testing center to take any portion of the GED tests;

(2) "department" means the Department of Labor and Workforce Development;

(3) "GED" means General Educational Development;

(4) "GED Testing Service" means the joint venture of the American Council on Education and Pearson VUE that conducts the GED test;

(5) "official testing center" means an agency that offers GED testing under a current contract with Pearson VUE; the names and addresses of official testing centers may be obtained by writing to the Department of Labor and Workforce Development, P.O. Box 115509, Juneau, Alaska 99811-5509;

(6) "proctor" means the person designated as the administrator of an official testing center;

(7) "program office" means the department acting in its capacity as the statewide administrator for the GED testing program.

History

Authority: AS 44.31.020
Eff. 3/1/78, Register 65; am 12/29/2013, Register 208

Article 3 Alaska Adult Education Grants

8 AAC 99.200 Alaska Adult education grants {#sec-8-aac-99.200 omnilex-key=us-ak-regs-official--title-8--8 AAC 99.200}

(a) The Department of Labor and Workforce Development may issue a competitive grant to an eligible provider as defined by 29 U.S.C. 3272(5) (Title II of the Workforce Innovation and Opportunity Act of 2014) to organize, plan, establish, expand, improve, or maintain an adult education program.

(b) The Department of Labor and Workforce Development may issue a multi-year grant, subject to

(1) the availability of funding; and

(2) review under (d) of this section.

(d) The Department of Labor and Workforce Development will select a grant review committee to review each application and recommend to the commissioner of labor and workforce development which applicants should receive an adult education grant.

(e) An applicant who has been denied an adult education grant may appeal that decision to the commissioner of labor and workforce development.

History

Authority: AS 44.31.020
Eff. 10/1/92, Register 123; am 3/17/2022, Register 241

Part 12 Recommendations for Debarment to the Department of Administration

Chapter 100 Referrals by the Commissioner to the Department of Administration

8 AAC 100.010 Reporting labor violations {#sec-8-aac-100.010 omnilex-key=us-ak-regs-official--title-8--8 AAC 100.010}

(a) When, as a result of an investigation or enforcement action conducted under the authority of any statute administered or enforced by the Department of Labor and Workforce Development, the director of the division responsible for enforcing the statute finds that any person has committed a wilful or aggravated violation of the statute or any regulation adopted under that statute, the director shall make a report of that violation to the commissioner.

(b) The director shall consider the violation to be wilful for purposes of this section if the person committing the violation

(1) has been cited for two or more substantially similar violations within the preceding five years, and those citations have not been contested or have become final and not appealable;

(2) has been formally adjudicated in a judicial or administrative forum as having committed two or more substantially similar violations within the preceding five years;

(3) had actual knowledge of the statutory or regulatory provision being violated before committing the violation; or

(4) failed to take reasonable steps to learn of the particular provision violated.

(1) the violation contributed to the injury or death of a person;

(2) death or injury occurs during a violation of AS 23.30.075;

(3) the person committing the violation failed to timely make any required report to any governmental agency regarding the violation or injury;

(4) the person committing the violation falsified records, concealed records, or took any other action to conceal the violation; or

(5) the person committing the violation transferred assets to any other person or entity to avoid liability or collection of a fine or debt owed because of a violation.

(d) The director of a division of the department shall make a report to the commissioner of any instance of a person failing to comply with any stop work order or cease and desist order issued under the authority of any statute administered by the department.

(e) If the director of a division of the department obtains knowledge that a person who conducts business within this state has been debarred or placed on a debarment list by a municipal, state, or federal agency, the director shall make a report to the commissioner of this debarment.

History

Authority: AS 23.05.010; AS AS 23.05.060; AS 44.31.020
Eff. 4/22/2018, Register 226

8 AAC 100.020 Referral to the Department of Administration {#sec-8-aac-100.020 omnilex-key=us-ak-regs-official--title-8--8 AAC 100.020}

The commissioner may refer a person reported under 8 AAC 100.010 to the Department of Administration with the recommendation that the Department of Administration initiate debarment proceedings under AS 36.30.635. The commissioner will make a recommendation in writing, will detail the relevant facts and circumstances leading to the recommendation, and to the extent allowed by law, will include relevant documents with the recommendation.

History

Authority: AS 23.05.010; AS AS 23.05.060; AS 44.31.020
Eff. 4/22/2018, Register 226

8 AAC 100.030 Primary contractor referral {#sec-8-aac-100.030 omnilex-key=us-ak-regs-official--title-8--8 AAC 100.030}

If a subcontractor is eligible for referral for debarment under this chapter, the commissioner may also refer the primary contractor who contracted with the subcontractor if

(1) the primary contractor knew or should have known the subcontractor had a history of committing violations;

(2) the primary contractor assisted or abetted the subcontractor in committing the violation;

(3) the primary contractor knew or should have known about the violation but failed to take action to abate or report the violation; or

(4) the statute or regulation violated places responsibility for compliance on both the subcontractor and the primary contractor.

History

Authority: AS 23.05.010; AS AS 23.05.060; AS 44.31.020
Eff. 4/22/2018, Register 226

8 AAC 100.040 Applicability {#sec-8-aac-100.040 omnilex-key=us-ak-regs-official--title-8--8 AAC 100.040}

Statutory Authority:

Authority: AS 23.05.010AS AS 23.05.060AS 44.31.020

Appendix - Emergency Regulations

Title 8. abor and Workforce Development

This chapter does not apply to any violation that could result in debarment under AS 36.05.090 or under AS 23.30.080(e).

History

Eff. 4/22/2018, Register 226