reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.450. Real estate recovery fund.

(a) The real estate recovery fund is established in the general fund to carry out the purposes of AS 08.88.450 - 08.88.495. The fund is composed of payments made by real estate licensees under AS 08.88.455, filing fees retained under AS 08.88.460, income earned on investment of the money in the fund, and money deposited in the fund under (c) of this section. Money in the fund does not lapse. The commission may make payments from the fund for awards from the fund under AS 08.88.450 - 08.88.495, for hearing and legal expenses directly related to fund operations and claims, and for real estate educational purposes.
(b) The Department of Commerce, Community, and Economic Development shall provide the commission every three months with a statement of the activities of, balances in, interest earned on, and interest returned to the real estate recovery fund.
(c) If money from the real estate recovery fund is expended to prepare, print, manufacture, sponsor, produce, or otherwise provide an item or a service to a member of the public, to a real estate licensee, to a potential real estate licensee, or to another person, any money paid by the person to the commission, either directly or through an agent or contractor of the commission, to receive the item or service shall be deposited in the fund. In this subsection, “an item or a service” includes an information pamphlet, an examination preparation packet, an educational course, the certification of a real estate education course, and the approval of a real estate education instructor.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.455. Payments by real estate licensees.

(a) A real estate licensee, when applying for or renewing a real estate license, in lieu of obtaining a corporate surety bond, shall pay to the commission, in addition to the license fee, a recovery fund fee not to exceed $125. After each two-year licensing cycle, if the commission finds that the average balance in the recovery fund during the two-year licensing cycle was less than $250,000 or more than $500,000, the commission shall by regulation adjust the recovery fund fees so that the average balance of the recovery fund during the next two-year licensing cycle is anticipated to be an amount that is not less than $250,000 or more than $500,000. In this subsection, “average balance” means the average balance after taking into account anticipated expenditures for awards from the fund and legal expenses directly related to fund operations, and for real estate educational purposes.
(b) All fees collected under this section shall be paid at least once a month by the department into the general fund. These payments shall be credited to the real estate recovery fund.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.460. Claim for payment.

(a) Subject to (e) of this section, a person seeking an award from the recovery fund for a loss suffered in a real estate transaction as a result of fraud, an intentional tort, deceit, or the conversion of trust funds or the conversion of community association accounts under the control of a community association manager on the part of a person licensed under this chapter shall
(1) obtain a final judgment from a court of competent jurisdiction, a final arbitration award, or a settlement agreement with a licensee that involves a person committing fraud, an intentional tort, deceit, the conversion of trust funds, or the conversion of community association accounts;
(2) submit an affidavit describing the efforts made to collect the final judgment, final arbitration award, or settlement agreement stating that the person has used due diligence to collect the amount due, stating that the judgment, arbitration award, or settlement agreement is uncollectable using reasonable efforts, and that the conduct that is the subject of the judgment, arbitration award, or settlement agreement involved an activity for which a person must obtain a license under AS 08.88.161;
(3) make a claim to the commission for an award from the recovery fund on a form furnished by the commission; in order to be eligible for an award by the commission, the claim form must be filed within two years after the date a judgment, arbitration award, or settlement agreement that is the basis for the award from the recovery fund is no longer subject to appeal; the form must be executed under penalty of unsworn falsification in the second degree and must include
(A) the name and address of each real estate licensee involved;
(B) a copy of the final judgment, final arbitration award, or settlement agreement;
(C) a copy of the affidavit asserting due diligence but lack of success in collecting the entire amount due;
(D) the amount of the final judgment, final arbitration award, or settlement agreement that remains unpaid;
(E) the name and address of the claimant; and
(F) a general statement of facts relative to the claim.
(b) The commission shall send a copy of a claim filed under (a) of this section to each real estate licensee named in (a)(3) of this section.
(c) [Repealed, § 24 ch 113 SLA 2008.]
(d) A claimant under this section shall pay a filing fee of $250 to the commission at the time the claim is filed. The filing fee shall be refunded if the
(1) commission makes an award to the claimant from the real estate recovery fund; or
(2) claimant withdraws the claim.
(e) If the claim is for a loss incurred as a result of acts or omissions occurring in the course of the licensee's practice of community association management, only the owners' association for which the real estate licensee practices community association management may file a claim under this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.465. Consideration of application.

(a) If the commission receives a claim for an award from the recovery fund that complies with the requirements of AS 08.88.450 - 08.88.495, the commission shall make an award from the recovery fund in an amount not to exceed $15,000. Not more than $15,000 may be paid for each transaction, regardless of the number of persons injured or the number of parcels of real estate involved in the transaction.
(b) [Repealed, § 24 ch 113 SLA 2008.]
(c) [Repealed, § 24 ch 113 SLA 2008.]
(d) [Repealed, § 24 ch 113 SLA 2008.]
(e) [Repealed, § 24 ch 113 SLA 2008.]
(f) [Repealed, § 24 ch 113 SLA 2008.]
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.472. Fund operations; charges against fund.

(a) The commission may charge the real estate recovery fund for expenses related to fund operations. The commission shall deposit into the real estate recovery fund amounts recovered for these expenses from the licensee under AS 08.88.071(b) or from other parties under AS 08.88.490.
(b) [Repealed, § 24 ch 113 SLA 2008.]
(c) [Repealed, § 24 ch 113 SLA 2008.]
(d) If the salary of an employee is entirely or partially paid for from money in the real estate recovery fund, the employee may perform administrative duties for the commission in addition to any duties the employee performs that are related to the real estate recovery fund. AS 08.88.910 does not apply to this subsection.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.475. Maximum liability.

(a) The maximum liability of the real estate recovery fund may not exceed $50,000 for any one real estate licensee.
(b) If the $50,000 liability of the fund as provided in (a) of this section is insufficient to pay in full the valid claims of all persons who have obtained a final judgment, final arbitration award, or settlement agreement involving an individual licensee and have filed claims for an award from the recovery fund, the $50,000 shall be distributed among the claimants in the ratio that their individual claims bear to the aggregate of valid claims, or in another manner that the commission considers equitable. Distribution shall be among the persons entitled to share in the recovery without regard to the order in which their claims were filed.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.480. Order of claim payment.

If the money deposited in the real estate recovery fund is insufficient at a given time to satisfy a legally authorized claim against the fund, the commission shall, when sufficient money has been deposited in the fund and appropriated, satisfy unpaid claims in the order that the claims were originally filed, plus accumulated interest at the rate of eight percent a year.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.485. False claims or documents.

A person who files with the commission a notice, statement, or other document required under this chapter that contains a wilful material misstatement of fact, is guilty of a misdemeanor and is punishable by imprisonment for a period of not more than one year, or a fine of not more than $1,000, or by both.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 4. Real Estate Recovery Fund. › Sec. 08.88.490. Right to subrogation.

When the commission has paid to a claimant from the real estate recovery fund the sum awarded by the commission, the commission shall be subrogated to all of the rights of the claimant to the amount paid, and the claimant shall assign all right, title, and interest in that portion of the claim to the commission. Money collected by the commission on the claim shall be deposited to the real estate recovery fund.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.600. Licensee relationships.

(a) A real estate licensee who provides real estate services to one party in a real estate transaction represents only that party unless the parties to the transaction agree otherwise in writing.
(b) A real estate licensee may not provide real estate services to more than one party in the same real estate transaction, except that
(1) a licensee may represent one party to the transaction while providing specific assistance to an unrepresented party to the transaction;
(2) a licensee may act as a neutral licensee under (c) of this section;
(3) a licensee may also, with the written consent of the parties, be a party to the transaction; or
(4) the parties to the transaction may agree otherwise in writing, except as provided by AS 08.88.625.
(c) A real estate licensee may provide specific assistance to both the seller and buyer, or both the lessor and lessee, in the same real estate transaction as a neutral licensee if the licensee complies with AS 08.88.610.
(d) A real estate licensee who works for a real estate broker may represent or provide specific assistance to a person in a real estate transaction even if the broker or another licensee who is working for the broker represents or provides specific assistance to another person in the same transaction. The broker shall designate which licensee, including the broker, is the designated licensee for the seller or lessor and which licensee, including the broker, is the designated licensee for the buyer or lessee.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.605. Additional licensee relationship provisions.

(a) A real estate licensee may provide real estate services to a party in separate real estate transactions under different licensee relationships if the licensee complies with AS 08.88.600 - 08.88.695 when establishing the relationship for each transaction.
(b) The authorization under (a) of this section includes acting as a real estate licensee for a party in one real estate transaction and at the same time not representing that party in a different real estate transaction involving that party.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.610. Authorization of neutral licensee relationship.

(a) Before a real estate licensee begins acting as a neutral licensee, the real estate licensee may obtain preauthorization from a person to act as a neutral licensee in the person's real estate transaction by obtaining the written consent of the person.
(b) If preauthorization is not obtained under (a) of this section, when a buyer or lessee expresses an interest to the licensee in acquiring or leasing real estate and the licensee is representing the seller or lessor of the property, the licensee shall obtain written consent to act as a neutral licensee before the licensee shows the real estate.
(c) A written consent under this section must be provided on a separate form, may not be contained in another writing, and must be entitled “Waiver of Right To Be Represented.”
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.620. Duties owed by licensee representing a person.

Unless additional duties are agreed to in a written document signed by the person represented by the licensee, a real estate licensee who represents the person owes the person the following duties in addition to the other duties imposed by AS 08.88.615:
(1) not taking action that the licensee knows is adverse or detrimental to the interest of the represented person in a real estate transaction;
(2) disclosure of a conflict of interest to the represented person in a timely manner;
(3) advising the represented person to obtain expert advice on a matter that relates to the real estate transaction that is beyond the licensee's expertise;
(4) not disclosing confidential information from or about the represented person without written consent, except under a subpoena or another court order, even after termination of the licensee's relationship with the represented person;
(5) if the represented person is a seller or a lessor, unless otherwise agreed to in writing, making a good faith and continuous effort to find a buyer or lessee for the real estate of the seller or lessor, except that a licensee is not required to seek additional offers to buy or lease the real estate while the real estate is subject to an existing contract for sale or lease; and
(6) if the represented party is a buyer or a lessee, unless otherwise agreed to in writing, making a good faith and continuous effort to find real estate for the buyer or lessee, except that a licensee is not obligated to
(A) seek additional real estate to buy or lease for the buyer or lessee while the buyer or lessee is a party to an existing contract to buy or lease real estate; or
(B) show to the buyer or lessee real estate for which there is not a written agreement to pay compensation to the licensee.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.625. Waiver of duties.

A real estate licensee or a person to whom a licensee provides specific assistance may not waive the duties identified under AS 08.88.615 and 08.88.620, except as otherwise allowed under AS 08.88.620(5) and (6).
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.630. Duties not owed by licensee.

Unless agreed otherwise, a real estate licensee does not owe a duty to a person with whom the licensee has established a licensee relationship to
(1) conduct an independent inspection of the real estate that is the subject of the licensee relationship;
(2) conduct an independent investigation of a person's financial condition; or
(3) independently verify the accuracy or completeness of a statement made by a party to a real estate transaction or by a person reasonably believed by the licensee to be reliable.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.635. Acts not amounting to adverse or detrimental acts or conflicts of interest.

(a) If a licensee shows real estate not owned or leased by the seller or lessor to prospective buyers or lessees or lists competing properties for sale or lease, this activity does not by itself constitute action that is adverse or detrimental to the seller or lessor or create a conflict of interest under AS 08.88.391.
(b) The representation of more than one seller or lessor by the same licensee or by different licensees working for the same real estate broker in competing transactions involving the same buyer or lessee does not by itself constitute action that is adverse or detrimental to the sellers or lessors or create a conflict of interest under AS 08.88.391.
(c) If a licensee shows real estate in which the buyer or lessee is interested to other prospective buyers or lessees, this activity does not by itself constitute action that is adverse or detrimental to the buyer or lessee or create a conflict of interest under AS 08.88.391.
(d) The representation of more than one buyer or lessee by the same licensee or by different licensees working for the same real estate broker in competing transactions involving the same seller or lessor does not by itself constitute action that is adverse or detrimental to the sellers or lessors or create a conflict of interest under AS 08.88.391.
(e) Acting as a neutral licensee in compliance with AS 08.88.600 - 08.88.695 does not by itself constitute action that is adverse or detrimental to a seller, lessor, buyer, or lessee or create a conflict of interest under AS 08.88.391.
(f) A real estate licensee who discloses confidential information to the licensee's broker for the purpose of seeking advice or assistance for the benefit of the person to whom the licensee is providing specific assistance does not breach the licensee's duty of confidentiality to the person, but the licensee's broker has a duty to maintain the confidentiality of the information.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.640. Designated licensee relationship.

(a) Unless the broker is the designated licensee, the relationship, including the duties, obligations, and responsibilities of the relationship, established between a person and a designated real estate licensee does not extend to the real estate broker for whom the designated licensee is working, to another real estate licensee who works for the same real estate broker, or to an owner of the business that employs the real estate broker. The extent or limitations of the relationship between the broker with the designated licensee shall be disclosed to the parties to a real estate transaction.
(b) A real estate broker may have a different designated licensee working for a seller or lessor and for the buyer or lessee in the same real estate transaction. Having a different designated licensee working for a seller or lessor and for the buyer or lessee in the same real estate transaction does not create dual agency or a conflict of interest for the real estate broker or for a licensee employed by the same real estate broker.
(c) A designated real estate licensee may represent or provide specific assistance to a person who is a seller or lessor in one real estate transaction while representing or providing specific assistance to the person as a buyer or lessee in another real estate transaction.
(d) Unless the broker is the designated licensee, when a designated licensee represents or provides specific assistance as a designated licensee to a person in a real estate transaction, the knowledge received by the designated licensee while representing or providing specific assistance to the person is not imputed to the real estate broker for whom the designated licensee works, to another real estate licensee employed by or under contract to the broker, or to an owner of the business that employs the real estate broker.
(e) This section may not be construed to limit the responsibility of a real estate broker, or of an owner of a business that employs the real estate broker, to supervise designated licensees who work for the broker or who work for the business that employs the broker, or to shield the broker or business from vicarious liability for the acts of the designated licensees.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.645. Duties of neutral licensee.

(a) Unless additional duties are agreed to in a written document signed by the neutral licensee and the seller, buyer, lessor, or lessee, the duties of a neutral licensee are limited to the duties established for real estate licensees under AS 08.88.615 and the following duties:
(1) not to take action that the neutral licensee knows is adverse or detrimental to the interest of the persons to whom the neutral licensee provides services in the real estate transaction;
(2) to disclose a conflict of interest in a timely manner to all parties to whom the licensee provides specific assistance;
(3) to advise all parties to whom the licensee provides specific assistance for the transaction to obtain expert advice on a matter relating to the transaction that is beyond the expertise of the neutral licensee;
(4) not to disclose without written consent confidential information from or about any of the parties to whom the licensee is providing specific assistance to another party to whom the licensee is providing specific assistance in the transaction, except under a subpoena or another court order, even after the relationship with the party terminates;
(5) not to disclose without the consent of the person to whom the information relates
(A) that the buyer or lessee is willing to pay more than the price offered for the real estate;
(B) that the seller or lessor is willing to accept less than the asking price for the real estate; or
(C) that the seller, buyer, lessor, or lessee will agree to financing terms other than those terms offered.
(b) A neutral licensee does not violate the duties of a neutral licensee if, with written consent, the neutral licensee engages in the following conduct in a good faith effort to assist in reaching final agreement in a real estate transaction:
(1) analyzing, providing information on, or reporting on the merits of the transaction to each party;
(2) discussing the price, terms, or conditions that each party would or should offer or accept; or
(3) suggesting compromises in the parties' respective bargaining positions.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.650. No imputation of knowledge resulting from neutral licensee relationship.

In a neutral licensee relationship, the knowledge or information of the licensee about one client is not imputed to other clients or to other licensees who work for the same real estate broker.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.655. Compensation.

(a) A real estate broker may be compensated by any party to a real estate transaction, by a third party, or by one or more of the parties to the transaction splitting or sharing the compensation.
(b) The payment of compensation to a real estate broker may not be construed to establish a relationship between the broker and the party who pays the compensation.
(c) If a real estate licensee provides specific assistance or enters into a personal services contract to act as a real estate licensee for a person, or if a seller and buyer, or a lessor and lessee, enter into a contract to sell, buy, or lease real estate, the real estate licensee shall disclose which party the licensee anticipates will be paying compensation to the real estate brokers in the real estate transaction.
(d) A real estate licensee shall include in a contract to sell, buy, or lease real estate a statement indicating which party is paying compensation to the real estate brokers in the real estate transaction.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.660. Duration of relationship.

(a) A licensee relationship with a buyer, lessee, seller, or lessor begins when the licensee represents or provides specific assistance to the buyer, lessee, seller, or lessor and continues until the earliest of the following events occurs:
(1) the licensee completes the representation or specific assistance;
(2) the relationship term agreed on by the buyer, lessee, seller, or lessor terminates;
(3) the licensee and the parties to the relationship terminate the relationship by mutual agreement; or
(4) a party to the relationship terminates the relationship by giving notice to the other party.
(b) The termination of a relationship under (a)(3) or (4) of this section only terminates the licensee relationship and does not affect other contractual rights of the parties to the licensee relationship.
(c) Except as otherwise agreed to in writing, a licensee does not owe a further duty to a buyer, lessee, seller, or lessor after termination of the licensee relationship, except for the duties of accounting for all money and other property received during the relationship and not disclosing confidential information.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.665. Vicarious liability.

A seller, buyer, lessor, or lessee is not liable for an act, error, or omission of a real estate licensee that arises out of the licensee relationship,
(1) unless the seller, buyer, lessor, or lessee participated in or authorized the act, error, or omission and then only to the extent of the participation or authorization; or
(2) except to the extent that the seller, buyer, lessor, or lessee benefited from the act, error, or omission, and a court determines that it is highly probable that the person claiming damages for the act, error, or omission would be unable to enforce a judgment against the licensee.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.670. Imputed knowledge and notice.

(a) Unless otherwise agreed to in writing, a seller, buyer, lessor, or lessee is not considered to have knowledge or notice of a fact known by a real estate licensee of the seller, buyer, lessor, or lessee unless the fact is actually known by the seller, buyer, lessor, or lessee.
(b) Unless otherwise agreed to in writing, a real estate licensee does not have knowledge or notice of a fact that is not actually known by the licensee.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.675. Common law abrogated.

The common law of agency related to real estate licensee relationships in real estate transactions is expressly abrogated to the extent inconsistent with AS 08.88.600 - 08.88.695.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.680. Causes of action.

(a) A person may not bring an action against a neutral licensee for making a disclosure that is required or permitted under this chapter.
(b) In a civil action for the failure of a licensee to comply with the provisions of AS 08.88.600 - 08.88.695, the plaintiff's remedy is limited to the recovery of actual damages. This subsection does not limit a person's ability to take any other action or pursue any other remedy to which the person may be entitled under other law.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.685. Policies, guidelines, and requirements.

(a) A broker shall adopt written policies and procedures available to the commission and to members of the public on request that
(1) require real estate licensees to comply with all real estate laws;
(2) require real estate licensees to act fairly and honestly in all dealings;
(3) require real estate licensees to notify the broker or a broker designee of any legal dispute or allegation of wrongdoing from a seller, buyer, lessor, or lessee;
(4) require real estate licensees to maintain regular communication with the broker or a broker designee; and
(5) identify and describe the relationships in which the broker and the real estate licensees who work for the broker may engage with a seller, buyer, lessor, or lessee.
(b) The commission shall adopt regulations that establish
(1) guidelines to assist a broker to adopt the written policy required by (a) of this section;
(2) the contents and format of the pamphlet to be provided by a licensee under AS 08.88.615(a)(6); and
(3) requirements for a broker's supervision of the real estate licensees who work for the broker.
(c) Based on the content and format for the pamphlets established under (b)(2) of this section, a real estate broker shall produce and pay the costs to produce the actual pamphlets to be provided by licensees in the broker's business under AS 08.88.615(a)(6).
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.690. Exemptions.

A real estate licensee is exempt from the signature requirements of AS 08.88.600 - 08.88.695 when the licensee provides specific assistance to
(1) a corporation that issues publicly traded securities;
(2) a business that has a net worth in the previous calendar year of $2,000,000 or more, if the business requests the exemption from the licensee; or
(3) a governmental agency; in this paragraph, “governmental agency” means a department, division, public agency, political subdivision, or other public instrumentality of the state or federal government, including the University of Alaska, the Alaska Railroad Corporation, the Alaska Housing Finance Corporation, the Alaska Industrial Development and Export Authority, and other public corporations.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 88. Real Estate Brokers and Other Licensees › Article 5. License Relationships and Duties. › Sec. 08.88.695. Definitions for AS 08.88.600 - 08.88.695.

In AS 08.88.600 - 08.88.695,
(1) “compensation” includes a commission;
(2) “confidential information” means information from or concerning a person that
(A) the licensee acquired during the course of the licensee's relationship as a licensee with the person;
(B) the person reasonably expects to be kept confidential;
(C) the person has not disclosed or authorized to be disclosed to a third party;
(D) would, if disclosed, operate to the detriment of the person; and
(E) the person is not obligated to disclose to the other party in a real estate transaction;
(3) “designated licensee” means
(A) a real estate licensee who works for a real estate broker and represents or provides specific assistance to a person in a real estate transaction when another licensee who is working for the same broker represents or provides specific assistance to an unrepresented person in the same transaction; or
(B) a real estate broker who represents or provides specific assistance to a person in a real estate transaction when another licensee who is working for the broker represents or provides specific assistance to another person in the same transaction;
(4) “neutral licensee” means a real estate licensee who
(A) provides specific assistance to both the buyer and the seller, or both the lessor and the lessee, in a real estate transaction; and
(B) does not represent either party;
(5) “personal services contract” includes a listing, a fee agreement between brokers and sellers, buyers, lessors, or lessees, a management contract with property owners, or any other agreement by which a broker agrees to perform a duty with respect to real estate for an agreed upon fee or commission;
(6) “real estate services” means services related to a real estate transaction;
(7) “represent” means to provide real estate services to a person if the services are not limited to specific assistance;
(8) “specific assistance”
(A) means
(i) asking questions regarding confidential information for a real estate transaction;
(ii) showing pieces of real estate selected for a buyer's or lessee's specific needs or desires;
(iii) preparing a written offer for a real estate transaction; or
(iv) entering into a personal services contract;
(B) does not include
(i) hosting an open house;
(ii) casual conversation regarding real estate;
(iii) receiving calls or electronic inquiries from the licensee's signs, advertisements, or Internet site;
(iv) providing information regarding a piece of real estate;
(v) setting an initial appointment to show a piece of real estate;
(vi) receiving unsolicited information from a buyer or lessee before or after disclosure of a real estate relationship.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 92. Concert Promoters › Sec. 08.92.020. Fees.

(a) An applicant for a promoter's certificate of registration shall pay an original registration fee established by regulations adopted under AS 08.01.065.
(b) The fee for the renewal of a registration certificate is also established by regulations adopted under AS 08.01.065.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 92. Concert Promoters › Sec. 08.92.030. Bond or cash deposit required.

A promoter of concerts shall, at the time of applying for a certificate of registration, file with the department a surety bond or an equivalent cash deposit in the amount of $5,000. As an alternative to the bond or cash deposit, a promoter may deposit in a trust account in a bank, savings and loan association, or licensed escrow agent, 50 percent of the advance ticket receipts accumulated for each concert promoted, and provide the department with the number and location of the trust or escrow account. The bond, cash deposit, or account shall be conditioned upon the promoter providing ticket refunds within 10 days after the scheduled date of a concert which is cancelled due to any cause. The state, on behalf of a ticket holder, or a ticket holder directly, may bring an action on the bond, cash deposit, or account.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 92. Concert Promoters › Sec. 08.92.035. Refund caption required.

Tickets for concerts subject to the provisions of this chapter shall be printed with the name and business address of the promoter and the following caption:
“In the event of concert cancellation, refunds will be available at the above location between the hours of 9:00 a.m. and 5:00 p.m. for a period of 10 days after the scheduled date of the concert.”
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 92. Concert Promoters › Sec. 08.92.040. Denial, revocation, and suspension of registration.

(a) The department may refuse to issue, or may suspend or revoke, a certificate of registration for failure to comply with a provision of this chapter or of a regulation adopted under it. If a bonding company cancels the bond of a promoter, the promoter's certificate of registration shall be revoked. A promoter whose certificate has been revoked may again obtain registration by complying with the requirements of this chapter.
(b) Proceedings under this chapter are governed by AS 44.62 (Administrative Procedure Act).
(c) If the department determines that a person is acting as a promoter in violation of this chapter, the department may order the person to stop the violation. Upon receipt of the order, the person affected has the right to be heard and to present proof to the office of administrative hearings (AS 44.64.010) that the violation has not occurred. Upon application made by the recipient of the order, the office of administrative hearings may schedule a hearing at the earliest possible time. After the hearing, the department may affirm, modify, or set aside the order.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 92. Concert Promoters › Sec. 08.92.060. Violations.

(a) A person who violates AS 08.92.010 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both.
(b) Retention of ticket receipts after the 10th day following the scheduled date of a concert that has been cancelled is presumed to be fraud against ticket purchasers. A promoter who fails to refund the purchase price of a ticket to a concert which has been cancelled and retains the ticket receipts after the 10th day following the scheduled concert that has been cancelled is guilty of
(1) a misdemeanor, if ticket receipts retained are $1,000 or less, and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both;
(2) a felony, if ticket receipts retained are more than $1,000, and upon conviction is punishable by a fine of not more than $10,000, or by imprisonment for not more than five years, or by both.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 92. Concert Promoters › Sec. 08.92.070. Exemption.

The provisions of this chapter do not apply to concerts promoted, organized, or produced
(1) by a nonprofit corporation, society or group that has qualified for nonprofit status under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3));
(2) by a promoter for presentation within a municipality having a population of less than 10,000 persons.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 92. Concert Promoters › Sec. 08.92.090. Definitions.

In this chapter,
(1) “concert” means a live, staged musical performance, comedy act, or other specialty act featuring any number of performers for which a ticket is sold in advance for purposes of profit by a concert promoter; the term does not include dramatic performances;
(2) “department” means the Department of Commerce, Community, and Economic Development;
(3) “promoter” means a person who contracts for and arranges a concert for purposes of profit whether engaged full time or part time in the business of booking or hiring concerts.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 95. Social Workers › Article 1. Board of Social Work Examiners. › Sec. 08.95.010. Creation and membership of the board.

(a) There is created the Board of Social Work Examiners composed of five members, as follows: one member licensed under this chapter as a baccalaureate social worker; one member licensed under this chapter as a master social worker; two members licensed under this chapter as clinical social workers; and one public member who has never been licensed under this chapter. At least one of the licensed members must be a person who is not an employee of a federal, state, or local government.
(b) Members of the board shall elect a member of the board as chair. The chair serves for a term of one year.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 95. Social Workers › Article 1. Board of Social Work Examiners. › Sec. 08.95.030. Duties.

The board shall
(1) issue licenses to qualified applicants;
(2) adopt regulations
(A) requiring that continuing education requirements be satisfied before a license is renewed;
(B) establishing a code of professional ethics that a licensee must observe;
(C) establishing standards of practice for social work performed by a licensee; and
(D) establishing standards for supervisors and for supervision that is required for licensure under AS 08.95.110(a);
(3) adopt regulations necessary to carry out the duties and purpose of this chapter.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 95. Social Workers › Article 1. Board of Social Work Examiners. › Sec. 08.95.040. Continuing education requirement.

(a) The board shall adopt continuing education requirements for persons licensed under this chapter. Continuing education requirements that must be satisfied before the first biennial renewal of a person's license must include a minimum of 45 hours of education or training with a minimum of three hours in professional ethics, six hours in substance abuse, and six hours in cross-cultural education that includes issues relating to Alaska Natives. After the first biennial renewal of a license, continuing education requirements for that person's license renewal must include three hours in professional ethics, six hours in substance abuse, and six hours in cross-cultural education, three hours of which must include issues relating to Alaska Natives.
(b) The board shall appoint three persons licensed under this chapter to serve as a continuing education committee. The committee shall advise the board on matters related to continuing education for clinical social workers. One person appointed to the committee must be familiar with social problems in the rural areas of the state.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 95. Social Workers › Article 1. Board of Social Work Examiners. › Sec. 08.95.050. Disciplinary sanctions.

(a) The board may impose a disciplinary sanction under AS 08.01.075 if it finds that a licensee
(1) secured a license through deceit, fraud, or intentional misrepresentation;
(2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or in the course of professional activities;
(3) advertised professional services in a false or misleading manner;
(4) violated this chapter, a regulation adopted under this chapter, or an order issued by the board;
(5) is the subject of a disciplinary sanction or other adverse licensing action in another jurisdiction relating to a social work license;
(6) failed to report to the board that the licensee is or was the subject of a disciplinary proceeding or other adverse licensing action in another jurisdiction relating to a social work license;
(7) has been convicted of a felony or has been convicted of a misdemeanor that reflects on the licensee's ability to practice competently and professionally;
(8) intentionally or negligently engaged in, or permitted persons under the licensee's supervision to engage in, client care that did not conform to minimum professional standards or to the standards of practice adopted by the board regardless of whether actual injury to the client occurred;
(9) continued to practice after becoming unfit due to
(A) professional incompetence;
(B) failure to keep informed of current professional practices;
(C) addiction to or severe dependency on alcohol or other drugs that impairs the ability to practice safely; or
(D) physical or mental disability;
(10) engaged in lewd, immoral, or unethical conduct in connection with the delivery of professional services to clients; or
(11) while licensed to practice clinical social work, engaged in sexual contact with a person during the time period that the person was a client or within two years after termination of the licensee's professional relationship with the client.
(b) The board may not impose disciplinary sanctions on a licensee for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if
(1) the licensee or another licensed health care provider is available to provide follow-up care;
(2) the licensee requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the licensee is not the person's primary care provider and, if the person consents, the licensee sends the records to the person's primary care provider; and
(3) the licensee meets the requirements established by the board in regulation.
(c) The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 95. Social Workers › Article 2. Licensing. › Sec. 08.95.100. License required.

(a) A person who practices clinical social work without obtaining a license under this chapter to practice clinical social work is guilty of a class B misdemeanor unless the person is
(1) licensed under a provision of this title that is outside this chapter, is practicing within the scope of that license, and is not representing to the public by title or description of service as being engaged in the practice of clinical social work; or
(2) practicing clinical social work as a student in a social work program approved by the board.
(b) A person is guilty of a class B misdemeanor if the person is not licensed
(1) under this chapter and uses the title “social worker” unless the person is exempt from licensure under AS 08.95.911;
(2) as a clinical social worker under this chapter or has a clinical social worker license that is suspended, revoked, or lapsed, and the person
(A) uses in connection with the person's name the words or letters “L.C.S.W.,” “Licensed Clinical Social Worker,” or other letters, words, or insignia indicating or implying that the person is a licensed clinical social worker; or
(B) in any way, orally or in writing, directly or by implication, holds out as a licensed clinical social worker;
(3) as a master social worker under this chapter or has a master social worker license that is suspended, revoked, or lapsed, and the person
(A) uses in connection with the person's name the words or letters “L.M.S.W.,” “Licensed Master Social Worker,” or other letters, words, or insignia indicating or implying that the person is a licensed master social worker; or
(B) in any way, orally or in writing, directly or by implication, holds out as being a licensed master social worker; or
(4) as a baccalaureate social worker under this chapter or has a baccalaureate social worker license that is suspended, revoked, or lapsed, and the person
(A) uses in connection with the person's name the words or letters “L.B.S.W.,” “Licensed Baccalaureate Social Worker,” or other letters, words, or insignia indicating or implying that the person is a licensed baccalaureate social worker; or
(B) in any way, orally or in writing, directly or by implication, holds out as being a licensed baccalaureate social worker.
(c) [Repealed, § 26 ch 118 SLA 1998.]