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NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT

Brief Description: The Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing proposes to update regulations relating to 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:

  1. 12 AAC 02.010. Licensing and renewal fees, is proposed to be amended to allow for a payment plan for an applicant applying for an initial license.
  2. 12 AAC 02.102. Fees for a temporary license issued under AS 14.43.148 or AS 25.27.244; waivers; refunds, is proposed to be amended to remove outdated regulations and citations due to statute changes.
  3. 12 AAC 02.105. Administrative fees, is proposed to add application and license fees for temporary license for military personnel.
  4. 12 AAC 02.155. Board of Social Work Examiners, is proposed to repeal subsection (b) in this section to align the clinical social worker prorated renewal fee with current practices.
  5. 12 AAC 02.255. Mobile home dealers, is proposed to be repealed. Licensing statute (AS 08.67) for mobile home dealers was repealed in 1999 and no longer regulated by the department.
  6. 12 AAC 02.915. Application form and verifications for licensure, is a proposed new section to establish a time frame or a one-year staleness date period for documents required to complete an application file.
  7. 12 AAC 02.930. Date of license lapse, is proposed to be amended to remove statute citations due to statute changes or not being applicable to this section.
  8. 12 AAC 02.935. Effective date of license, is proposed to be amended to remove outdated regulations.
  9. 12 AAC 02.955. Courtesy license, is proposed to add “applicable fees” in subsection (c)(2) of this section.
  10. 12 AAC 02.956. Temporary license for spouses of military personnel, is a proposed new section outlining the requirements for a temporary license for spouses of military personnel applying for professions regulated by the department.
  11. 12 AAC 02.957. Temporary license for military personnel, is a proposed new section outlining the requirements for a temporary license for members of the military who may have received some or all of their training while in the military; this is for professions regulated by the department only.
  12. 12 AAC 02.960. Audit of compliance with continuing competency requirements, is proposed to be amended to allow for internet continuing education course providers verifying attendance of the course; and giving the department authority to deny continuing education if the department cannot verify the student’s attendance.
  13. 12 AAC 02.965. Failure to meet continuing education requirements for renewal and reinstatement of license, is proposed to be amended to clarify for the licensee that the continuing education (CE) required for renewal must be completed during the concluding license period, and clarify that CE may be completed after the concluding license period with the appropriate board or division approval for an applicant who is renewing or reinstating the license after the license has lapsed.

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 Jun Maiquis, 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/200908, and using the comment link. The comments must be received not later than 4:30 p.m. on February 4, 2021. Comments received after this deadline will not be considered by the Department.

You may submit written questions relevant to the proposed action to Jun Maiquis, 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. 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than January 28, 2021 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/CBPL-Regs-1220.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 08.01.050; AS 08.01.060; AS 08.01.062; AS 08.01.063; AS 08.01.064; AS 08.01.065; AS 08.01.080; AS 08.01.087; AS 08.01.100; AS 08.95.030; AS 08.95.110; AS 08.95.120; AS 08.95.125; AS 25.27.244
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.050; AS 08.01.060; AS 08.01.062; AS 08.01.063; AS 08.01.064; AS 08.01.065; AS 08.01.080; AS 08.01.087; AS 08.01.100; AS 08.95.030; AS 08.95.110; AS 08.95.120; AS 08.95.125; AS 25.27.244

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

DATE: 12/29/2020
Jun Maiquis, Regulations Specialist
Division of Corporations, Business and Professional Licensing

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.

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 or centralized licensing regulations.

3.    Citation of regulation: 12 AAC 02.010 through 12 AAC 02.965.

4.   Department of Law file number: To be assigned.

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: $100 temporary license application fee; $100 temporary military licenses.
       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 2021 or in subsequent years.

9.   The name of the contact person for the regulation:
    
Jun Maiquis, Regulations Specialist
       Division of Corporations, Business and Professional Licensing
       Department of Commerce, Community, and Economic Development
       Telephone: (907) 465-2537
       E-mail: jun.maiquis@alaska.gov

10.   The origin of the proposed action: Division of Corporations, Business and Professional Licensing.

11.   Date: 12/29/2020
        Prepared by: Jun Maiquis
                             Regulations Specialist

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Attachments, History, Details

Revision History

Created 12/29/2020 2:49:29 PM by jcmaiquis
Modified 12/29/2020 2:52:31 PM by jcmaiquis
Modified 12/29/2020 4:07:42 PM by jcmaiquis
Modified 12/30/2020 10:01:14 AM by jcmaiquis

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 12/29/2020
Archive Date: 2/5/2021
 
Events/Deadlines:
  • Comments Deadline
    2/4/2021 4:30pm