Alaska Admin. Code tit. 11, § 05.020
Applicability
Effective Jul 1, 2018Alaska Register 227(Eff. 7/1/2018, Register 227) | Authority: AS 27.21.030, AS 38.05.255, AS 40.17.030, AS 27.21.940, AS 38.05.295, AS 40.25.110, AS 37.10.050, AS 38.05.550, AS 40.25.115, AS 37.10.052, AS 38.05.555, AS 41.06.020, AS 37.10.058, AS 38.05.560, AS 41.21.020, AS 38.04.045, AS 38.05.565, AS 41.21.026, AS 38.04.900, AS 38.05.600, AS 41.23.440, AS 38.05.020, AS 38.05.810, AS 44.37.020, AS 38.05.035, AS 38.05.850, AS 44.37.025, AS 38.05.057, AS 38.08.110, AS 44.37.027, AS 38.05.082, AS 38.09.020, AS 45.29.525, AS 38.05.083, AS 38.09.110, AS 45.50.315, AS 38.05.102, AS 38.35.020, AS 46.15.020, AS 38.05.133, AS 38.35.050, AS 46.15.035, AS 38.05.177, AS 38.50.160, AS 46.15.037, AS 38.05.180, AS 38.95.230, AS 38.05.250, AS 40.15.370
(a) This chapter establishes the department's schedule of standard fees with the following exceptions:
- (1) fees for services, documents, or actions to be performed or provided relating to Alaska mental health trust land are provided in 11 AAC 99.130;
- (2) payments, fees, rents, or charges which are prescribed by statute or required by statute to be based on an appraisal of market value;
(3) this chapter does not limit
- (A) the amount the department may charge or receive under contracts;
- (B) the amount the department may charge or receive for bonuses, royalties, or rentals; or
- (C) any other obligations of contract; and
- (4) the department may require higher or additional fees under 11 AAC 05.270.
(b) A fee prescribed by this chapter is waived for a federal, state, or municipal agency, except that
- (1) recorder's office and uniform commercial code fees prescribed by 11 AAC 05.200 and 11 AAC 05.250 are not waived;
- (2) except as prohibited by federal law, water management fees prescribed by 11 AAC 05.260 are not waived;
- (3) a fee is not waived if the federal, state, or municipal agency does not waive its fee for a similar document supplied to or application filed by the department;
- (4) a fee for a computer-related service prescribed by 11 AAC 05.050 is not waived if the federal, state, or municipal agency does not reciprocate by providing a similar level of computer-related services to the department free of charge;
- (5) a land use fee prescribed by 11 AAC 05.070, 11 AAC 05.130, 11 AAC 05.160, 11 AAC 05.180, 11 AAC 05.190, 11 AAC 05.230 or 11 AAC 05.270 is waived or reduced only if the federal, state, or municipal agency demonstrates to the department's satisfaction that the waiver or reduction is in the public interest;
- (6) a material sale service or fee prescribed by 11 AAC 05.130 is waived or reduced only if the federal, state, or municipal agency agrees to provide goods, services, or other compensation to the department that the department considers sufficient for the service or materials; and
- (7) discounts, waivers, and adjustments of fees for facilities, equipment, products, services, and publications of the Division of Geological and Geophysical Surveys are provided in 11 AAC 05.090(c).
- (c) Unless otherwise specified under an applicable statute, this chapter, or another chapter of this title, a fee set out in this chapter is non-refundable.
- (d) The receipt of a fee for an application or petition for a service or authorization under this chapter does not obligate the department to approve an application or petition, issue an authorization in whole or in part, or refrain from lawfully revoking or terminating an authorization. That determination or action is governed by and subject to the specific statutes and regulations relevant to the service, authorization, or approval.
(Eff. 7/1/2018, Register 227)
Authority: AS 27.21.030, AS 38.05.255, AS 40.17.030, AS 27.21.940, AS 38.05.295, AS 40.25.110, AS 37.10.050, AS 38.05.550, AS 40.25.115, AS 37.10.052, AS 38.05.555, AS 41.06.020, AS 37.10.058, AS 38.05.560, AS 41.21.020, AS 38.04.045, AS 38.05.565, AS 41.21.026, AS 38.04.900, AS 38.05.600, AS 41.23.440, AS 38.05.020, AS 38.05.810, AS 44.37.020, AS 38.05.035, AS 38.05.850, AS 44.37.025, AS 38.05.057, AS 38.08.110, AS 44.37.027, AS 38.05.082, AS 38.09.020, AS 45.29.525, AS 38.05.083, AS 38.09.110, AS 45.50.315, AS 38.05.102, AS 38.35.020, AS 46.15.020, AS 38.05.133, AS 38.35.050, AS 46.15.035, AS 38.05.177, AS 38.50.160, AS 46.15.037, AS 38.05.180, AS 38.95.230, AS 38.05.250, AS 40.15.370