NOTICE OF PROPOSED CHANGES ON REEMPLOYMENT BENEFITS AND THE STAY-AT-WORK PROGRAM IN THE REGULATIONS OF THE ALASKA DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT AND THE ALASKA WORKERS’ COMPENSATION BOARD

BRIEF DESCRIPTION

The Alaska Department of Labor and Workforce Development and the Alaska Workers' Compensation Board proposes to change regulations on reemployment benefits and the stay-at-work program.

The Alaska Department of Labor and Workforce Development and the Alaska Workers' Compensation Board proposes to adopt regulation change in 8 AAC 45 of the Alaska Administrative Code, dealing with reemployment benefits and the stay-at-work program, including the following:

(1)        8 AAC 45.040 – 8 AAC 45.110 and 8 AAC 45.440 are proposed to be changed to incorporate references to AS 23.30.043, as enacted during the 2024 legislative session under ch. 12, SLA 2024 (SB 147).

(2)        8 AAC 45.070(b) is proposed to be amended to make technical changes and to incorporate a reference to AS 23.30.043.

(3)        8 AAC 45 is proposed to be amended by adding a new section to allow for electronic service of documents.

(4)        8 AAC 45.400 and 8 AAC 45.430 are proposed to be changed to eliminate geographical limitations for assigning a rehabilitation specialist in Alaska.

(5)        8 AAC 45.420 is proposed to be changed to clarify the reasons a rehabilitation specialist may be disqualified.

(6)        8 AAC 45.440 is proposed to be changed to reduce the timeframe for the rehabilitation specialist disqualification process, to simplify language, and to incorporate changes regarding electronic service of documents.

(7)        8 AAC 45.500 – 8 AAC 45.600 is proposed to be changed to simplify language and to incorporate changes under SB 147.

(8)        8 AAC 45 is proposed to be amended by adding new sections to establish guidelines and procedures for the newly established stay-at-work program, as established under SB 147.

(9)        8 AAC 45 is proposed to be amended by adding a new section to define "job analysis" for purposes of 8 AAC 45.399 - 8 AAC 45.625 (reemployment benefits and the stay-at-work program).

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 the Department of Labor and Workforce Development, Division of Workers’ Compensation at P.O. Box 115512, Juneau, AK  99811-5512. Additionally, the Department of Labor and Workforce Development, Division of Workers’ Compensation will accept comments by facsimile at (907) 465-2797 and by electronic mail at workerscomp@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 5:00 p.m. on January 8, 2025.

Oral or written comments also may be submitted at a hearing to be held on January 9, 2025, at 3301 Eagle St., Room 208, Anchorage, Alaska 99503. Oral comments may be submitted virtually over Zoom videoconference at https://us02web.zoom.us/j/87998689946, or by via telephone by calling 833-548-0276, Webinar ID: 879 9868 9946. The hearing will be held from 10:15 to 11:15 and might be extended to accommodate those present before 10:15 who did not have an opportunity to comment. Before the start of the hearing, Department of Labor and Workforce Development, Division of Workers’ Compensation Chair of the Board may limit the time allotted for each person providing oral testimony, as reasonably necessary to conclude the hearing in the time provided.

You may submit written questions relevant to the proposed action to the Department of Labor and Workforce Development, Division of Workers’ Compensation at P.O. Box 115512, Juneau, AK  99811-5512 or by electronic mail at workerscomp@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Department of Labor and Workforce Development, Division of Workers’ Compensation will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and Division of Workers’ Compensation website.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Alexis Hildebrand at (907) 465-6059 or alexis.hildebrand@alaska.gov not later than December 23, 2024, 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 Alexis Hildebrand at (907) 465-6059 or alexis.hildebrand@alaska.gov.

After the public comment period ends, the Department of Labor and Workforce Development and the Alaska Workers’ Compensation Board 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.

Statutory authority: AS 23.30.005

Statutes being implemented, interpreted, or made specific: AS 23.30.001; AS 23.30.005; AS 23.30.010; AS 23.30.041; AS 23.30.043; AS 23.30.110; AS 23.30.135

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

The Division of Workers’ Compensation 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 Alaska Workers’ Compensation Board notices of proposed regulation changes. To be added to or removed from the list, send a request to the Division of Workers’ Compensation at P.O. Box 115512, Juneau, AK  99811-5512 or by electronic mail at workerscomp@alaska.gov, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

Date:    12/06/2024     

  /s/                                                    

Catherine Muñoz, Commissioner