Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 15 - Local Boundary Commission
Chapter 110 - Municipal Boundary Changes
Article 12 - Standards for Reclassification of Cities
3 AAC 110.350 - Best interests standard for a proposed second class city in the unorganized borough

(a) In determining whether reclassification of a home rule city or first class city to a second class city in the unorganized borough is in the best interests of the state under AS 29.04.040(a), the commission may consider relevant factors, including the

(b) In considering the factors in (a)(1) and (2) of this section, the commission may consult with the commissioner of education and early development, the superintendent and school board of the city school district, and the superintendent, school board, and advisory school boards established under AS 14.08.115 of the regional educational attendance area in which the city is located.

(c) The commission may make a determination that reclassification is in the state's best interest, subject to legislative review in the manner provided by art. X, sec. 12, Constitution of the State of Alaska. In those circumstances, legislative review of a reclassification proposal does not eliminate the requirement for voter approval of a reclassification proposal under AS 29.04.040.

(d) Absent a specific and persuasive showing to the contrary, the commission will presume that reclassification of a city under this section is not in the best interests of the state if reclassification will result in the transfer of the city's debt for educational facilities to the state.

(e) Absent a specific and persuasive showing to the contrary, the commission will presume that reclassification of a city under this section promotes a minimum number of local government units, as determined under 3 AAC 110.982 and in accordance with art. X, sec. 1, Constitution of the State of Alaska.