Notice of Proposed Changes to update various forms adopted by reference in the Regulations of The Alaska State Real Estate Commission
Brief Description:
The Alaska State Real Estate Commission proposes to update regulations relating to the consumer disclosure form, the waiver of right to be represented form, and the property disclosure form, which have been updated and are adopted by reference.
The Alaska State Real Estate Commission proposes to adopt regulation changes in Title 12, Chapter 64 of the Alaska Administrative Code dealing with the consumer disclosure form, the waiver of right to be represented form, and the property disclosure form, which have been updated and are adopted by reference, including the following:
1. 12 AAC 64.118. Consumer disclosure form, is proposed to be amended to update the date for the consumer disclosure form that the commission adopts by reference.
2. 12 AAC 64.119. Waiver of right to be represented, is proposed to be amended to update the date for the consumer disclosure form that the commission adopts by reference.
3. 12 AAC 64.930. Property disclosure form, is proposed to be amended to update language to include both statutory definitions of “residential real property” in conformance with AS 34.70.200 and AS 34.80.90.
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 Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Commission 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 and using the comment link. The comments must be received not later than 4:30 p.m. on December 8, 2023. The Commission will not consider comments received after this deadline.
You may submit written questions relevant to the proposed action to Alison Osborne, 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 Commission 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 Commission’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/RealEstateCommission.aspx. The Commission 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 Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov not later than December 1, 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 Alison Osborne at (907) 465-6826, RegulationsAndPublicComment@alaska.gov, or at https://www.commerce.alaska.gov/web/portals/5/pub/REC-0823.pdf.
A copy of the material proposed for adoption by reference may be viewed at the Commission’s office at the Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing, 550 W. 7th Avenue, Suite 1500, Anchorage, or at https://www.commerce.alaska.gov/web/portals/5/pub/ConsumerDisclosureForm08-4145-Rev.7-28-2023.pdf, https://www.commerce.alaska.gov/web/portals/5/pub/WaiverofRighttoRepresentationForm08-4212-Rev.7-28-2023.pdf. https://www.commerce.alaska.gov/web/portals/5/pub/PropertyDisclosureForm08-4229-Rev.07-2023.pdf.
After the public comment period ends, the Commission 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 may be subject to public inspection.
Statutory Authority: AS 08.88.071; AS 08.88.081; AS 08.88.091; AS 08.88.171; AS 08.88.191; AS 08.88.251; AS 08.88.263; AS 08.88.331; AS 08.88.685
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.88.071; AS 08.88.081; AS 08.88.091; AS 08.88.171; AS 08.88.191; AS 08.88.251; AS 08.88.263; AS 08.88.331; AS 08.88.685
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: November 7, 2023 /s Alison Osborne, Regulations Specialist Division of Corporations, Business and
Professional Licensing
ADDITIONAL REGULATION NOTICE INFORMATION (AS 44.62.190(d))
1. Adopting agency: The Alaska State Real Estate Commission - Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: Updates to forms relating to Consumer Disclosure, Waiver of Right to be Represented form, Property Disclosure.
3. Citation of regulation: 12 AAC 64.118, 12 AAC 64.119, and 12 AAC 64.930.
4. Department of Law file number:2023200418.
5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
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 2023 or in subsequent years.
9. The name of the contact person for the regulation:
Nancy Harris, Executive Administrator
Alaska Real Estate Commission
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 269-8168
E-mail: nancy.harris@alaska.gov
10. The origin of the proposed action: Staff of state agency.
11. Date: November 7, 2023
Prepared by: Alison Osborne
Regulations Specialist
Division of Corporations, Business and
Professional Licensing