Formal administrative appeal under 2 AAC 96.340
To Whom It May Concern,
I am writing regarding DNR's continuing failure to produce records requested concerning the origin, adoption, justification, administrative history, and legal basis of the 1,500-pound OHV weight limitation associated with 11 AAC 96.020.
This correspondence also constitutes my formal administrative appeal under 2 AAC 96.340 from DNR's failure to timely respond to and produce records responsive to my April 21, 2025 and May 5, 2025 public-records requests, as governed by 2 AAC 96.325. The records subject to this appeal are the records identified herein concerning the origin, adoption, notice, justification, administrative history, statutory authority, and implementation of the 1,500-pound OHV limitation associated with 11 AAC 96.020. The requests were directed to the Alaska Department of Natural Resources. To the extent DNR contends that any administrative appeal period has expired, I expressly reserve our position that DNR's failure to process the requests, its direction that an agency-specific form was required, and its subsequent handling of these continuing requests affect that determination; nothing in this correspondence waives any available administrative or judicial remedy.
This issue now involves more than one documented attempt to obtain substantially the same underlying records.
On April 21, 2025, I submitted a written request directly to DNR seeking records and documentation concerning the origin and enforcement of the 1,500-pound limitation. Among other things, I specifically requested records and public notices supporting the existence and adoption of the 1,500-pound restriction, internal guidance or memoranda concerning enforcement of OHV weight restrictions, and the environmental or regulatory basis underlying the weight threshold.
After receiving no responsive records, I followed up on May 5, 2025 and expressly reiterated that I was making a formal records request.
DNR subsequently acknowledged my correspondence but advised me that an "official record request" had to be made using DNR's public-records request form, citing AS 40.25.122 and 2 AAC 96.220.
That response is particularly concerning upon review of the authorities DNR cited.
AS 40.25.122 and 2 AAC 96.220 address circumstances involving a requester who is a party, or represents a party, in litigation with the State or another public agency to which the requested records are relevant. They do not establish a general requirement that an otherwise sufficiently specific written public-records request is invalid merely because it was submitted by email rather than on DNR's preferred form.
More importantly, DNR's response did not explain that the purpose of citing those provisions was to determine whether I, AOAA, or anyone for whom we were requesting the records was involved in relevant litigation with the State. Instead, those provisions were presented as authority for the proposition that DNR's particular public-records request form itself was required.
Had DNR advised at that time that what it required was simply a written certification concerning litigation status, that certification could have been provided immediately.
To remove any possible question under AS 40.25.122 and 2 AAC 96.220, I am providing that certification now as part of this correspondence.
Certification of Non-Litigation Status
Pursuant to AS 40.25.122 and 2 AAC 96.220, I hereby certify that:
I am not currently involved in litigation, whether judicial or administrative, with the State of Alaska or another public agency to which the records requested in this matter are relevant.
I am not representing, acting on behalf of, or obtaining these records for a person or entity that is involved in litigation with the State of Alaska or another public agency to which these requested records are relevant.
The Alaska Outdoor Access Alliance is not involved in litigation with the State of Alaska concerning the subject matter of these records, and AOAA is not requesting these records on behalf of a party involved in such litigation.
To the best of my knowledge, no organization or individual participating with AOAA in this records effort has advised AOAA that these records are being requested for, or on behalf of, a party involved in litigation with the State concerning this matter.
These records are being sought for the purpose of reviewing and evaluating the origin, administrative history, statutory authority, adoption process, justification, implementation, and legal legitimacy of the 1,500-pound Generally Allowed Use limitation. Our questioning and challenge of the regulatory basis for that limitation is being pursued through the public and administrative process and not as discovery on behalf of a party involved in pending litigation.
This certification is intended to fully address any inquiry permitted under AS 40.25.122 and 2 AAC 96.220.
Providing this certification does not constitute agreement that DNR's particular public-records request form was required, nor does it withdraw, replace, supersede, amend, or restart any of the previously submitted public-records requests. It is supplemental information supplied to eliminate any possible procedural question concerning litigation status.
Additionally, 2 AAC 96.310(a) expressly provides that while a public agency may provide request forms, a request may not be denied solely because it was not submitted on that form.
Accordingly, DNR had actual written notice in 2025 of specifically identified records being requested concerning the 1,500-pound limitation. Rather than producing those records, identifying responsive records being withheld, requesting clarification, providing a cost estimate, or otherwise processing the request under the public-records procedures, DNR directed me to complete another form.
The issue did not end there.
The BlueRibbon Coalition subsequently submitted another written records request addressing substantially the same unresolved issue. BRC's letter in May 2026 requested records concerning the creation, modification, adoption, notice, administrative history, and legal basis of the 1,500-pound limitation contained within 11 AAC 96.020.
Although I do not presently have BRC's original transmission email establishing the exact date DNR received that request, I do have subsequent correspondence from June 26, 2026 in which BRC confirmed that the letter had been sent and that BRC had received no response from DNR. BRC indicated at that time that it intended to follow up again and escalate the matter if necessary.
Therefore, at an absolute minimum, the record establishes that by June 26, 2026, DNR had been sent another written request seeking substantially the same records that had already been sought from the Department in 2025.
Under 2 AAC 96.325 and the State's published public-records procedures, an agency generally has 10 working days to provide its initial response to a public-records request. That response may produce the records, deny or withhold records as permitted by law, request clarification, provide a cost estimate, or provide notice of an authorized extension. An agency requiring additional time has procedures available under 2 AAC 96.325 for obtaining that additional time.
The Department of Law's public-records guidance also recognizes failure to timely respond under 2 AAC 96.325 as a basis for administrative appeal.
Request for the Administrative Rulemaking Record
In addition to the records previously identified, we are specifically requesting the complete administrative rulemaking record associated with the original adoption and every subsequent amendment that established, modified, reenacted, or carried forward the 1,500-pound OHV limitation now contained in 11 AAC 96.020.
We are requesting the records demonstrating DNR's compliance with the provisions of the Alaska Administrative Procedure Act governing the adoption or amendment of regulations, as those provisions existed and applied at the time of each relevant regulatory action.
This request specifically includes:
AS 44.62.190 Notice of Proposed Action
Please provide every notice of proposed adoption or amendment associated with the 1,500-pound limitation, together with records demonstrating publication, mailing, posting, distribution, or any other notice required by the version of the statute in effect at the time.
AS 44.62.200 Contents of Notice
Please provide the complete proposed-regulation notice identifying the statutory authority relied upon, the provisions of law being implemented, interpreted, or made specific, an informative summary of the proposed regulatory action, and all other information required to accompany the notice.
AS 44.62.210 Public Proceedings
Please provide all records demonstrating that interested members of the public were provided the required opportunity to submit statements, arguments, comments, or other relevant material before adoption of the regulation or amendment.
This includes all public comments received, hearing records if applicable, correspondence concerning the proposal, and records demonstrating DNR's consideration of the material submitted before adoption.
AS 44.62.215 Record of Public Comment
To the extent this provision was in effect and applicable at the time of a relevant adoption or amendment, please provide records documenting DNR's use or rejection of factual or substantive information received through the public-comment process.
AS 44.62.195 Fiscal Information
To the extent applicable to the regulatory action at issue, please provide any fiscal note, fiscal analysis, cost estimate, determination concerning increased appropriations, or other fiscal documentation required as part of the rulemaking process.
AS 44.62.040 Submission and Filing of Regulations
Please provide the final regulation package, including the regulation as submitted for filing, the identification of the general statutory authority relied upon, the specific statutes being implemented or interpreted, adoption documentation, filing records, effective-date documentation, and Alaska Administrative Register information.
AS 44.62.060 Department of Law Review
Please provide all records of Department of Law review and approval of the regulation or amendment establishing or carrying forward the 1,500-pound limitation, including written approval, legal review, identification of statutory authority, review of the correctness of the cited authority, and any correspondence concerning legality, constitutionality, clarity, or compliance with the required rulemaking procedures.
We are not merely requesting DNR's present-day explanation of why a 1,500-pound threshold exists.
We are requesting the contemporaneous administrative record demonstrating when the 1,500-pound limitation was placed into the Alaska Administrative Code, what regulatory action created it, what authority DNR relied upon, what notice was provided to the public, what opportunity for public participation occurred, what justification supported the limitation, and whether the rulemaking requirements imposed by Alaska law at that time were followed.
Because 11 AAC 96.020 and the Generally Allowed Use framework have a lengthy regulatory history, this request applies to the statutory requirements that were actually in effect at the time of each relevant adoption or amendment. We are not requesting that DNR demonstrate compliance with a procedural requirement that did not yet exist at the time of a particular regulatory action.
If DNR determines that any of the statutory procedures identified above did not apply when the 1,500-pound limitation was originally adopted or subsequently amended, please identify:
- the date of the relevant regulatory action;
- the statutory provision DNR contends did not apply;
- the law governing the regulatory action at that time; and
- the basis for DNR's conclusion that the identified requirement was not applicable.
Likewise, if the 1,500-pound limitation did not originate through a formal regulatory amendment specifically establishing that threshold, please identify the regulation, adoption order, amendment, administrative decision, or other action through which DNR contends the 1,500-pound threshold became legally enforceable.
Requested Resolution
We are therefore requesting immediate resolution of these outstanding records requests.
If DNR contends that the April 21 and May 5, 2025 correspondence did not constitute a public-records request, please identify the specific statutory or regulatory authority supporting that position and explain why AS 40.25.122 and 2 AAC 96.220 were cited as requiring use of a particular DNR form despite the language of 2 AAC 96.310(a).
If DNR contends that it responded to the BlueRibbon Coalition request, please provide the date of that response and a copy of the correspondence.
If DNR issued an extension under 2 AAC 96.325, please provide the extension notice and the date on which it was transmitted.
If responsive records do not exist, cannot be located, were lawfully destroyed pursuant to an applicable records-retention schedule, or are being withheld under an applicable exemption or privilege, please provide the appropriate written determination identifying DNR's position and the legal basis for that determination.
Otherwise, please produce the responsive records without further delay.
This matter concerns the administrative history and legal foundation of a regulation affecting the public's use of State land. Substantially the same records have now been sought on multiple occasions extending back to 2025, yet the underlying administrative record establishing the origin and adoption of the 1,500-pound limitation still has not been produced.
We are attempting to determine from the official State record whether this restriction was adopted in accordance with the rulemaking requirements imposed by Alaska law. The most direct means of resolving that question is production of the contemporaneous administrative record.
We have now expressly provided within this correspondence the non-litigation certification referenced by DNR under AS 40.25.122 and 2 AAC 96.220. Accordingly, there should be no remaining uncertainty concerning our litigation status that would prevent DNR from processing these outstanding requests.
Please provide DNR's response and the requested records without further delay.
Thank you,
Samuel A. Schilling
President, Alaska Outdoor Access Alliance
Sam@akcbf.org
Three days later, the records arrived.
On 9 October 2026 DNR released more than 500 pages. We are publishing all of it and asking the public to help go through it.