(a) Failure to mail notice to a person under AS 42.40.180(a) or 42.40.190(a) does not invalidate an action taken by the board.
(b) An interested person may challenge a rule adopted by the board by bringing an action in the superior court. In addition to other grounds, a court may declare a change invalid
(1) for substantial failure by the board to comply with AS 42.40.180 or 42.40.190; or
(2) if the rule was adopted under AS 42.40.190, upon the grounds that the emergency rule was not necessary for the orderly operation of the corporation's facilities or programs.
Structure Alaska Statutes
Title 42. Public Utilities and Carriers and Energy Programs
Chapter 40. Alaska Railroad Corporation
Article 3. Administrative Provisions.
Sec. 42.40.150. Meetings of the board.
Sec. 42.40.160. Quorum and voting.
Sec. 42.40.170. Executive sessions.
Sec. 42.40.190. Emergency rules.
Sec. 42.40.200. Validity of rules.
Sec. 42.40.205. Application of AS 42.40.180 and 42.40.190.