WILLIAM A. EGAN
GOVERNOR |
STATE
OF ALASKA
OFFICE OF THE GOVERNOR
JUNEAU |
January 23, 1964 |
ADMINISTRATIVE ORDER NO. 1
The following terminology will be used in describing orders
issued from the Office of the Governor:
Executive Order. An order issued under the authority
of Article III, Sec. 23, Constitution of the State of Alaska.
Administrative Order. Issued under authority
of law, such as an order issued under AS 26.20.040 to declare
a state of emergency or to exercise powers necessary for the
protection of the population in time of attack; to dispose of
the property of a dissolved city under AS 29.10.546; to assign
functions in the executive branch. under AS 44.17.060; to create
interim advisory boards under AS 44.19.060; etc. These orders
are published.
Military Order. An ordering of the militia into
active service under Article III, Secs. 19 and 20, Constitution
of the State of Alaska and AS 26.05.070 or 26.05.110, and under
authority of law, such as convening of a general court martial
under AS 26.05.320. Also see AS 26.05.050 and 26.05.100;
Proclamation. A proclaiming of a holiday under
AS 44.12.010, or the setting aside of a certain day, week or
month, such as National Employ the Physically Handicapped Week,
under AS 23.15.290, or issued under authority of law, such as
AS 15.40.040, 15.40.240 and 44.19.160.
Appointment. The appointment of an individual
or individuals to a position in the executive or judicial branches.
See AS 39.05.020, 30.05.060, 39.25.020, 22.05.080 and 22.10.100.
Pardon, Commutation of Sentence, Reprieve, and Suspension
or Remission of Fines and Forfeitures. Issued under the
authority of Article III, Sec. 21, Constitution of the State
of Alaska and AS 33.20.070.
Fiscal Order. An order relating to transfer,
budgeting or handling of funds within a department or under authority
of law.
Certificate. Issued under authority of law,
such as AS l4.40.450.
Regulation. Issued under authority of law, such
as AS 44.17.030 or 26.05.060.
Letter. Used for such matters as employment
of radio stations under AS 44.19.070; annual approval of rates
under AS 44.74.060; requisition from the Secretary of Defense
of arms and equipment available for state forces under AS 26.05.290,
etc. These are instances where the required approval of the Governor
can be made a part of the document to be approved, such as under
AS 44.17.020 or 18.60.140, but where this is not feasible, a
letter of approval would be sufficient.
Memorandum or Directive. Used to give direction
to department heads or other employees of the executive branch.
Preparation of Orders. Executive orders will
be prepared by the Department of Law in the form of specific
amendments to Alaska Statutes to facilitate their incorporation
into that body of law. Administrative orders will also be prepared
by the Department of Law.
Numbering of Orders. Executive and fiscal orders
issued after January 23, 1964, will be numbered serially, beginning
with No. 26; administrative orders will begin with No. 1.
Distribution and Filing. The original of all
orders issuing from the Office of the Governor will be filed
in the Office of the Governor. Copies of executive orders will
be filed with the Legislature, Secretary of State, Department
of Law, the Legislative Auditor and the Commissioner of Administration,
and any department or departments specially or specifically affected
by the order.
Distribution of other orders issuing from the Office of the
Governor will be determined on a case-by-case basis, according
to their contents.
Executive orders issued under Article III, Sec. 23, Constitution
of the State of Alaska, making changes in the organization of
the executive branch or in the assignments of functions among
its units and requiring the force of law, will be filed with
the Executive Director of the Legislative Council before the
first day of the regular session. The Executive Director will
be asked to forward one copy to the Speaker of the House and
one copy to the President of the Senate, so the order may be
reviewed by the next session of the Legislature pursuant to Sec.
23, Article III, of the Constitution of the State of Alaska.
Effective Date of Executive Order. The Legislature
has 60 days of the regular session, or a full session if of a
shorter duration, to disapprove the executive order. Unless disapproved
by resolution, concurred in by a majority of the members in joint
session, the order becomes effective at a date thereafter to
be designated by the Governor. Every executive order promulgated
under Sec. 23, Article III, not disapproved by the Legislature
in the time given, will be followed up by a letter setting forth
the effective date of the executive order. The letter will be
distributed in the same manner as the order to which it refers.
Making Interim Advisory Boards Permanent. Interim
advisory boards, established under AS 44.19.060, expire at the
end of the next regular or reconvened session of the Legislature.
Interim advisory boards are made permanent through the same procedure
as prescribed for executive orders under Sec. 23, Article III,
of the Alaska Constitution. If an interim advisory board is created
before the Legislature meets, an administrative order is issued
creating it. This administrative order will be given the same
circulation as an executive order. If the board is to be made
permanent, an executive order will be filed before the first
day of the next session of the Legislature, and if the executive
order is not disapproved, the order will be followed up by a
letter setting the effective date. To prevent a gap in the existence
of the board and in the terms of its members, the letter setting
the effective date should be dated, filed and distributed on
the 61st day of the regular session, or the day after a full
session if of shorter duration, with the effective date being
the same as that of the letter. Administrative orders establishing
interim boards will cite AS 44.19. 060 as authority, and executive
orders making interim boards permanent will cite Sec. 23, Article
III, of the Constitution of the State of Alaska.
The Department of Law will prepare the general order on interim
boards, the executive order and the letter setting forth the
effective date and will submit them to the Governor's office
so they may be filed and distributed within the time limits prescribed
in this order.
Dated at Juneau, Alaska, this 23rd day of January, 1964.
S/S WILLIAM
A. EGAN
WILLIAM A. EGAN
Governor of Alaska |