Brief Description: The Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing proposes to change regulations to update general occupational licensing functions.
The Department of Commerce, Community, and Economic Development (Department) proposes to adopt regulation changes in Title 12, Chapter 02 of the Alaska Administrative Code, including the following:
- 12 AAC 02.105. Administrative fees, is proposed to remove administrative fees that no longer exist, update existing fees, and add an administrative fee for fingerprint processing.
- 12 AAC 02.110. Board of Registration for Architects, Engineers, and Land Surveyors, is proposed to add a $50 landscape architect examination eligibility application fee.
- 12 AAC 02.160. Collection agencies, is proposed to add a reference to the administrative fee for fingerprint processing.
- 12 AAC 02.225. Private professional guardian license and private professional conservator license, is proposed to reference the administrative fee for fingerprint processing.
- 12 AAC 02.280. Board of Nursing: fees for nurses and advanced practice registered nurses, is proposed to reference the administrative fee for fingerprint processing.
- 12 AAC 02.282. Board of Nursing: fees for certified nurse aides, is proposed to reference the administrative fee for fingerprint processing.
- 12 AAC 02.380. Pawnbrokers, is proposed to add a reference to the administrative fee for fingerprint processing.
- 12 AAC 02.390. Behavior Analysts, is proposed to reference the administrative fee for fingerprint processing.
- 12 AAC 02.396. Board of Massage Therapists, is proposed to reference the administrative fee for fingerprint processing.
- 12 AAC 02.400. Examination review, is proposed to specify that an appropriate board member may conduct examination reviews.
- 12 AAC 02.935. Effective date of license, is proposed to clarify that licenses initially issued within 90 days of an upcoming expiration date will be set to expire at the next biennial licensing period rather than in 90 days or less.
- 12 AAC 02.945. Effective date of reinstated licenses, is proposed to clarify that licenses reinstated within 90 days of an upcoming expiration date will be set to expire at the next biennial licensing period rather than in 90 days or less.
- 12 AAC 02.956. Temporary license for spouses of military personnel, is proposed to remove the requirement that an applicant for a ‘temporary license for spouses of military personnel’ must provide a copy of the applicant’s military dependent ID card.
- 12 AAC 02.960. Audit of compliance with continuing competency requirements, is proposed to remove provisions that set percentages of licensees randomly selected for continuing education audits based on the number of licensees in that profession. The regulation is proposed to instead allow the department to select the percentage of random audits as deemed appropriate and necessary to protect public health and safety and to simplify and clarify the information required on the certificate of completion.
- 12 AAC 02.965. Failure to meet continuing education requirements for renewal and reinstatement of license, is proposed to remove the acronym for continuing education units.
- 12 AAC 02.990. Definitions, is proposed to clarify and update existing definitions.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Department will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/212848, and using the comment link. The comments must be received not later than 4:30 p.m. on November 14, 2023. Comments received after this deadline will not be considered by the Department.
You may submit written questions relevant to the proposed action to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Department will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Department’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing.aspx.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Stefanie Davis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than November 7, 2023 to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Stefanie Davis at (907) 465-2537, RegulationsAndPublicComment@alaska.gov, or at https://www.commerce.alaska.gov/web/portals/5/pub/CEN-0723.pdf.
After the public comment period ends, the Department will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.
Statutory Authority: AS 08.01.010; AS 08.01.050; AS 08.01.062; AS 08.01.063; AS 08.01.065; AS 08.01.080; AS 08.01.087; AS 08.01.100; AS 08.15.020; AS 08.15.080; AS 08.24.135; AS 08.24.370; AS 08.26.060; AS 08.48.265; AS 08.61.020; AS 08.61.090; AS 08.68.220; AS 08.68.336; AS 08.76.110; AS 08.76.140
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.010; AS 08.01.050; AS 08.01.062; AS 08.01.063; AS 08.01.065; AS 08.01.080; AS 08.01.087; AS 08.01.100; AS 08.15.020; AS 08.15.080; AS 08.24.135; AS 08.24.370; AS 08.26.060; AS 08.48.265; AS 08.61.020; AS 08.61.090; AS 08.68.220; AS 08.68.336; AS 08.76.110; AS 08.76.140
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.
DATE: 10/12/2023
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Department of Commerce, Community, and Economic Development – Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: General occupational licensing functions.
3. Citation of regulation: 12 AAC 02.105 through 12 AAC 02.990.
4. Department of Law file number: 2023200275
5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statutes.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: $75 nonrefundable fingerprint processing fee; $30 returned check fee; $50 landscape architect exam eligibility application fee.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2024 or in subsequent years.
9. The name of the contact person for the regulation:
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-2537
E-mail: stefanie.davis@alaska.gov
10. The origin of the proposed action: Staff of state agency.
11. Date: 10/12/2023
Prepared by: Stefanie Davis, Regulations Specialist