4.1001 Definitions.

Cite as [A.S.C.A. § 4.1001 ]

As used in this chapter:

(a) “Agency” means each board, commission, department or officer of the government, other than the legislature or the courts, authorized by law to make rules or to determine contested cases.

(b) “Contested case” means a proceeding including but not limited to ratemaking, price fixing and licensing, in which the legal rights, duties, or privileges of a party are determined.

(c) “License” includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, but does not include a license required solely for revenue purposes.

(d) “Licensing” includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.

(e) “Party” means each person or agency named or admitted as a party, or person seeking and entitled as of right to be admitted as a party.

(f) “Person” means any individual, partnership, corporation, association, governmental sub-division, or public or private organization of any character, other than an agency.

(g) “Rule” means each agency statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practical requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include statements concerning only the internal management of an agency and not affecting private rights or pro-cedures available to the public, or intraagency memoranda.

History: 1969, PL 11-55.

Case Notes:

An administrative rule adopted pursuant to the rulemaking process in the Administrative Procedure Act has the force and effect of law. A.S.C.A. §§ 1.0201(3), 4.1001-4.1010. Bryant v. Southwest Marine of Samoa, Inc., 23 A.S.R.2d 55 (1992).