CHARITABLE ORGANIZATIONS, PAID SOLICITORS, AND TELEPHONIC SELLERS:

BRIEF DESCRIPTION: The Department of Law proposes changes to regulations dealing with the registration of charitable organizations, paid solicitors, and telephonic sellers.

The Department of Law (Department) proposes the following changes to regulations in Title 9 of the Alaska Administrative Code, dealing with the registration of charitable organizations, paid solicitors, and telephonic sellers:

1. 9 AAC 12.010. Charitable registration statement will be changed to list the information charitable organizations will be required to provide in a registration or renewal statement. The regulation requires charitable organizations to provide some new information, eliminates some previously required attachments, and eliminates the use of the Unified Registration Statement (URS) in order to facilitate electronic filing. The regulation also clarifies when a registration statement will not be accepted and who has authority to sign a registration statement.

    

2. 9 AAC 12.020. Paid Solicitor registration statement will be changed to list the information paid solicitors will be required to provide in a registration or registration renewal statement, including some new information. The regulation clarifies when a registration statement will not be accepted and who has the authority to sign a registration statement.

    

3. 9 AAC 12.065. Paid Solicitor financial report will be changed to list the information paid solicitors will be required to provide in a paid solicitor financial report.

    

4. 9 AAC 12.890. Electronic filing and signatures will be a new section that allows charitable organizations and paid solicitors to electronically submit and sign any filing required under AS 45.68 or 9 AAC 12.

    

5. 9 AAC 14.010. Registration of telephonic sellers will be changed to list the information telephonic sellers will be required to provide in a notice of intent to engage in a telephonic solicitation campaign. The regulation includes new sections describing what a seller must attach to the notice if the seller does not use a script, and what must be included in a sample contract required under AS 45.63.020. The regulation clarifies when a registration statement will not be accepted by the Department.

    

6. 9 AAC 14.030. Confirmation of information will repeal the requirement that the Department send confirmation of receipt of a notice of intent to engage in a telephonic solicitation campaign.
   
   
7. 9 AAC 14.050. Affiliated entities will be a new section that eliminates the requirement that telephonic sellers and their agents submit separate registration forms.

    

8. 9 AAC 14.890. Electronic filing and signatures will be a new section that allows telephonic sellers to electronically submit and sign any filing required under AS 45.63 or 9 AAC 14.

    

9. 9 AAC 14.900(a)(1) will be changed to replace the term “affiliated company” with “affiliated entity,” and revises the definition of affiliated entity.

    

10. 9 AAC 14.900(a)(3) dealing with the definition of “parent company” will be repealed because the term will no longer be used in 9 AAC 14.

     

11. 9 AAC 14.900(a)(5) will be a new paragraph clarifying that “telephonic seller” has the same meaning given “telephone seller” in AS 45.63.100.

     

12. 9 AAC 14.900(b) dealing with the definition of “property or services” will be changed to correct the reference to AS 45.63.

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 Davyn Williams, Assistant Attorney General, Department of Law, 1031 West 4^th Avenue, Suite 200, Anchorage, AK 99501. Additionally, the Department will accept comments by facsimile at (907) 276-8554 and by electronic mail at davyn.williams@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the "comment" link. The comments must be received no later than 4:30 PM on Friday, January 15, 2016.

You may submit written questions relevant to the proposed action to Davyn Williams, Assistant Attorney General, Department of Law, 1031 W. 4^th Avenue, Suite 200 or by electronic mail at davyn.williams@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 response available on the Department’s website

www.law.alaska.gov/consumer or on Alaska Online Public Notice System. The Department may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Davyn Williams, Assistant Attorney General at (907) 269-5200 no later than Friday, January 7, 2016 to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Davyn Williams at the address above, or at davyn.williams@alaska.gov or (907) 269-5200, or go to www.law.alaska.gov/consumer.  

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 regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 09.80.150, AS 45.63.100, AS 45.63.150, AS 45.68.010, AS 45.68.020, AS 45.68.055, AS 45.63.090, AS 45.68.130

Statutes Being Implemented, Interpreted, or Made Specific: AS 09.80.150, AS 45.63.010, AS 45.63.090, AS 45.63.100, AS 45.63.150, AS 45.68.010, AS 45.68.020, AS 45.68.055, AS 45.68.080, AS 45.68.130

Fiscal Information: The proposed regulation changes will not require an increased appropriation.

Date: 12/16/15

Davyn Williams, Assistant Attorney General
Department of Law, Civil Division