If a regulation adopted by an agency under this chapter is primarily legislative, the regulation has prospective effect only. A regulation adopted under this chapter that is primarily an “interpretative regulation” has retroactive effect only if the agency adopting it has adopted no earlier inconsistent regulation and has followed no earlier course of conduct inconsistent with the regulation. Silence or failure to follow any course of conduct is considered earlier inconsistent conduct.
Structure Alaska Statutes
Chapter 62. Administrative Procedure Act
Article 4. Procedure for Adopting Regulations.
Sec. 44.62.180. Effective date.
Sec. 44.62.190. Notice of proposed action.
Sec. 44.62.195. Fiscal notes on regulations.
Sec. 44.62.200. Contents of notice.
Sec. 44.62.210. Public proceedings.
Sec. 44.62.213. Agency contact with the public.
Sec. 44.62.215. Record of public comment.
Sec. 44.62.220. Right to petition.
Sec. 44.62.230. Procedure on petition.
Sec. 44.62.240. Limitation on retroactive action.
Sec. 44.62.245. Material incorporated by reference.
Sec. 44.62.250. Emergency regulations.
Sec. 44.62.260. Limitation on effective period of emergency regulations.
Sec. 44.62.280. Purpose of AS 44.62.180 - 44.62.290.
Sec. 44.62.290. Limits of the application of AS 44.62.180 - 44.62.290.