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                     STATE OF ALASKA STATUTES
                         TITLE 14.42 EXCERPT

The uncodified law of the State of Alaska was amended effective July 4, 2001, to read:
FINDINGS: The legislature finds and declares that
        (1) it is essential for the ongoing economic health and well being of the state and its
citizens and families for the state to develop coordinated programs to more efficiently and
fully use federal and state financial resources in
                  (A) making postsecondary educational opportunities more accessible to its
                  (B) supporting recruitment and retention of students to support the state’s
        postsecondary education system;
                  (C)     creating statewide comprehensive planning for postsecondary
        education, including postsecondary educational institutions and related agencies;
                  (D) creating a centralized information and financial aid center to provide a
        “one-stop” postsecondary educational information and financial aid services center;
        (2) it is essential that this and future generations of Alaskans be given the fullest
opportunity to access and benefit from postsecondary education, and that the state as a
whole be enabled to provide and reap the benefits of a well-trained and educated citizenry;
        (3) citizens of this state and students attending postsecondary institutions in this
state, and their parents and others responsible for paying those postsecondary education
expenses, should be provided with financial assistance at a lower cost in order to provide
for those expenses;
        (4) institutions of postsecondary education in the state should be provided with
financial aid tools to assist in the admission and retention of qualified students; and
        (5) benefits of the postsecondary programs, including the changes made by this
Act, accrue to the Alaska public as a whole. (sec. 1 ch 85, Temporary and Special Acts and

Sec. 14. 42. 010. Purpose, intent. (a) [Repealed, sec. 42 ch 85 SLA 2001.]
       (b) The legislature affirms that the legal authority for the operation and
management of the statewide university system remains with the Board of Regents of the
University of Alaska and the legal authority for the operation and management of other
postsecondary educational programs remains with the governing boards of the other private
nonprofit and proprietary institutions in the state. (sec. 4 ch 78 SLA 1974; am sec. 42 ch
85 SLA 2001)

       Sec. 14.42.015. Creation, composition, appointment of members. (a) There is
in the Department of Education and Early Development the Alaska Commission on
Postsecondary Education consisting of
               (1) two members of the Board of Regents of the University of Alaska
designated by the members of that body;
                 (2) one person representing private higher education in the state selected
jointly by the Boards of Trustees of Alaska Pacific University and Sheldon Jackson College
from among their membership;
                 (3) one person representing the Department of Education and Early
Development selected by the state Board of Education;
                 (4) four persons broadly and equitably representative of the general public
appointed by the governor;
                 (5) one member of the Alaska Human Resource Investment Council
established by AS 44.19.620 designated by the members of that body;
                 (6) one person from the members of the local community college advisory
councils appointed by the governor;
                 (7) two members from the legislature, one of whom shall be appointed by
the president of the senate and one by the speaker of the house of representatives;
                 (8) one person appointed in accordance with (e) of this section who is a
full-time student as defined in AS 14.43.160;
                 (9) one administrator appointed by the governor from a proprietary
institution of postsecondary education that has an authorization to operate in the state
issued under AS 14.48.
         (b) No governing body member, trustee, official, or employee of either a public,
private, or proprietary institution of postsecondary or higher education in the state may be
appointed to membership on the commission as representative of the general pub lic for the
purpose of (a)(4) of this section.
         (c) The governor's appointees are subject to confirmation by the legislature and
shall serve at the pleasure of the governor for four-year staggered terms. Members
appointed or designated by bodies or agencies other than the governor serve at the pleasure
of the appointing authority. Vacancies shall be filled in the same manner as original
         (d) For the purpose of (a)(4) of this section, "broadly and equitably representative
of the general public" means that the public membership of the commission shall include
adequate representation both on the basis of sex and on the basis of the significant racial,
ethnic, geographic, and economic groups in the state.
         (e) A full-time postsecondary student shall be appointed to the Alaska Commission
on Postsecondary Education from a list of nominees submitted to the governor. The
governor shall make the appointment from the list within 60 days after it is submitted. The
list must consist of the names of two nominees from Alaska Pacific University, two
nominees from Sheldon Jackson College, and two nominees from each campus of the
University of Alaska. The nominees shall be selected by the students at Alaska Pacific
University, Sheldon Jackson College, and each campus of the University of Alaska by an
election held on each campus. Elections under this subsection shall be held concurrently
with student regent elections required under AS 14.40.150(b) and conducted under rules
established by the Office of the Governor. The term of office of the student member of the
commission is two years and begins June 1 of the year in which the appointment is made.
Membership on the commission is immediately forfeited by a student member who ceases
to be a full- time student. Within 60 days after a vacancy occurs, the governor shall appoint
a successor from those students appearing on the list of nominees to serve for the unexpired
term of the original appointee. The term "campus" used in this subsection means a portion
of the University of Alaska designated as a "campus" by the Board of Regents. (sec. 4 ch
78 SLA 1974; am sec. 1 - 3 ch 64 SLA 1982; am sec. 56 ch 6 SLA 1984; am sec. 1 ch 64
SLA 1986; am sec. 1 ch 41 SLA 1990; am sec. 3 ch 61 SLA 1995)

      Sec. 14.42.020. Officers. The chairman and vice-chairman shall be elected from
among the members of the commission for a one-year term. A member of the commission
may not serve as chairman for more than two consecutive one-year terms. (sec. 4 ch 78
SLA 1974)

        Sec. 14.42.025. Meetings, rules, votes required. The commission shall prescribe
its own rules of procedure. The commission shall meet once quarterly at a time and place
determined by the chairman, and at other times and places as the chairman, or a majority of
the members of the commission, consider necessary. A quorum is a majority of the
members of the commission. The votes of the commission members shall be recorded, and
effective action requires the affirmative vote of a majority of the commission members
present. A commission member may not, with respect to a matter before the commission,
vote for or on behalf of, or in any way exercise the vote of, another member of the
commission. (sec. 4 ch 78 SLA 1974)

        Sec. 14.42.030. Functions of the commission. (a) The commission has the
following functions, advisory to the governing boards of institutions of public and private
higher education in this state, to the governor, the legislature, and to other appropriate state
and federal officials:
                (1) coordinate the development of comprehensive plans for the orderly,
systematic growth of public and private postsecondary education, including community
colleges and occupational education, in the state and submit recommendations on the need
for, and location of, new facilities and programs;
                (2) review and advise as to the efficiency and effectiveness of all consortia
and other cooperative agreements between the institutions of pubic and private higher
education in the state that are parties to them.
        (b) The commission shall
                (1) administer the financial aid and interstate education compact programs
under AS 14.43.091 – 14.43.920 and 14.43.990, and AS 14.44;
                (2) administer the provisions of AS 14.48 concerning regulation of
postsecondary educational institutions;
                (3) resolve disputes under a consortium or other cooperative agreement
between institutions of public and private higher education in the state; and
                (4) serve as the state agency required under 20 U.S.C. 1001 – 1155.
        (c) [Repealed, sec. 42 ch 85 SLA 2001.]
        (d) The commission may enter into agreements with government or postsecondary
education officials of this state or other states to provide postsecondary educational services
and programs to Alaska residents pursuing a medical education degree. An agreement with
another state must be limited to services and programs that are unavailable in Alaska. The
commission shall require a person participating in a medical education program offered
under this subsection to agree to the repayment condition imposed under AS 14.43.510.
        (e) The commission may
               (1) adopt regulations under AS 44.62 (Administrative Procedure Act) to
                      (A) carry out the purposes of
                              (i) AS 14.43.091 – 14.43.750, 14.43.990, AS 14.44, and AS
14.48; and
                                          (ii) AS 14.43.910 and 14.43.920 as they relate to the
                 purposes of AS 14.43.091 – 14.43.750, 14.43.990, AS 14.44, and AS 14.48;
                         (B) ensure compliance with the requirements imposed by state and
        federal statutes and regulations governing the guaranty, insurance, purchase, or
        other dealings in eligible loans by federal agencies, instrumentalities, or
        corporations; and
                         (C) establish standards for the
                                   (i) administration of hearings conducted under AS
                         14.43.153; and
                                  (ii) administrative enforcement of collection orders under AS
                 (2) delegate to the executive director of the commission or a subcommittee
of the commission any duty imposed on or power granted to the commission by this
chapter, AS 14.43, AS 14.44, or AS 14.48, except its power to adopt regulations and its
duty to consider appeals under AS 14.43.100(b) and AS 14.48.120;
                 (3) establish task forces, committees, or subcommittees, not necessarily
consisting of commission members, to advise and assist the commission in carrying out its
                 (4) contract with or use existing institutions of postsecondary education or
other individuals or organizations to make studies, conduct surveys, submit
recommendations, or otherwise contribute to the work of the commission;
                 (5) establish fees for the review of an out-of-state institution that
                         (A) requests approval for participation in the programs under AS
        14.43.091 – 14.43.750, 14.43.990, and AS 14.44; and
                         (B) is not accredited by a national or regional accreditation
        association recognized by the Council on Higher Education Accreditation; and
                 (6) collect all fees and costs incurred in collection of the amount owed on a
loan or repayment obligation if the loan or repayment obligation becomes delinquent or in
default; in this paragraph, fees and costs include attorney fees, court costs, and collection
fees charged by a collection agency.


        Sec. 14.42.045. Compensation and per diem. Members of the commission serve
without compensation but are entitled to per diem and travel expenses as may be authorized
by law for boards and commissions.

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