(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.
Sec. 42.40.205. Application of AS 42.40.180 and 42.40.190.
Adoption of a rule is not subject to AS 42.40.180 or 42.40.190 if it
(1) relates only to the internal management of the corporation;
(2) relates to specific rates, tariffs, divisions, and contract rate agreements;
(3) relates to service schedules of the railroad;
(4) is directed to a specifically named person or to a group of persons and does not apply to the general public; or
(5) relates to the use of public works under the jurisdiction of the corporation if the effect of the order is indicated to the public by means of signs or signals.
Section: Previous 42.40.150 42.40.160 42.40.170 42.40.180 42.40.190 42.40.200 42.40.210 42.40.220 42.40.230 NextLast modified: November 15, 2016