Brief Description: The Department of Law proposes to adopt regulation changes in 9 AAC 52 of the Alaska Administrative Code, dealing with the Executive Branch Ethics Act (AS 39.52.010 - 39.52.960), including:

9 AAC 52.140 is proposed to be changed to expressly clarify that the attorney general, through the Department of Law, may defend against complaints alleging a violation by the governor, lieutenant governor, or attorney general upon a public interest determination.

9 AAC 52.160 is proposed to be changed to add a new subsection addressing confidentiality.

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 Maria Bahr at 1031 W. 4th Ave, Ste. 200, Anchorage, AK 99501. Additionally, the Department of Law will accept comments by facsimile at (907) 276-3697 and by electronic mail at law.regulations.comments@alaska.gov. The comments must be received not later than 5:00 p.m. on November 4, 2019.

You may submit written questions relevant to the proposed action to the e-mail or physical address listed above. The questions must be received at least 10 days before the end of the public comment period. The Department of Law will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.

If you are a person with a disability who needs a special accommodation in order to participate in this process, or you need a copy of the proposed regulation changes, please contact Maria Bahr at (907) 269-5100 or law.regulations.comments@alaska.gov not later than October 25, 2019, to ensure that any necessary accommodation can be provided. A copy of the proposed regulation changes is also available on the Alaska Online Public Notice System.

After the public comment period ends at 5:00 p.m. on November 4, 2019, the Department of Law 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 received are public records and are subject to public inspection.

Statutory authority: AS 39.52.310; AS 39.52.950

Statutes being implemented, interpreted, or made specific: AS 39.52.310; AS 39.52.340

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

The Department of Law keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the department notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Law at law.regulations.comments@alaska.gov, giving your name, and either your e-mail address or physical mailing address, as you prefer for receiving notices.

Date:   October 1, 2019

/s/Treg Taylor
Deputy Attorney General
Civil Division
Alaska Department of Law

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1. Adopting agency: Department of Law

2. General subject of regulation: Changes to Executive Ethics Act Regulations

3. Citation of regulation (may be grouped): 9 AAC 52.040; 9 AAC 52.140; 9 AAC 52.160

4. Department of Law file number, if any: 2019200667

5. Reason for the proposed action:

(  ) Compliance with federal law or action (identify):

(  ) Compliance with new or changed state statute

(  ) Compliance with federal or state court decision (identify):

(x) Development of program standards

(  ) Other (identify):

6. Appropriation/Allocation: Civil Division/Opinions, Appeals, and Ethics

7. Estimated annual cost to comply with the proposed action to:

A private person: $0
Another state agency: We do not anticipate costs to another agency. The Department of Law would absorb any costs of representation with existing staff resources.
A municipality: $0

8. Cost of implementation to the state agency and available funding (in thousands of dollars):

                                            Initial Year      Subsequent                              
                                            FY   2021        Years

Operating Cost                    $   0                 $   0          

1002 Federal receipts          $   0                 $   0          

1003 General fund match    $   0                 $   0          

1004 General fund               $   0                 $   0          

1005 General fund/program$   0                 $   0          

Other (identify)                     $   0                 $   0          

9. The name of the contact person for the regulation:

Name: Maria Bahr
Title: Assistant Attorney General
Address: 1031 W 4th Ave, Ste. 200, Anchorage, AK 99501
Telephone: (907) 269-5100
E-mail address: law.regulations.comments@alaska.gov

10. The origin of the proposed action:

   x       Staff of state agency

_____    Federal government

_____    General public

_____    Petition for regulation change

_____     Other (identify):                                                                                                

Date: October 1, 2019
Prepared by: Treg Taylor, Deputy Attorney General, Department of Law, Civil Division