reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.070. Financial contractor obligations.

In addition to any other obligations imposed by the contract with the department, if the department enters into a contract with a person to provide program accounts, the financial contractor shall
(1) provide program accounts that comply with the federal authorizing law;
(2) take the action necessary to keep the program in compliance with the requirements of this chapter and to manage the program accounts in compliance with the federal authorizing law;
(3) keep adequate records of each program account and keep each program account segregated from other program accounts;
(4) as requested by the department, compile the information contained in statements required to be prepared under AS 06.65.210 and provide the statements and the compiled material to the department;
(5) provide the department with access to the books and records of the financial contractor to the extent needed to determine compliance with the contract, this chapter, and the federal authorizing law;
(6) hold program accounts for the benefit of the program account owner;
(7) be audited, at least annually, by a firm of certified public accountants acceptable to the department and provide the results of the audits to the department;
(8) upon request of the department, provide the department with copies of all filings and reports related to the program made by the financial contractor during the contract or while the financial contractor holds program accounts;
(9) upon request of the department, make available to the department for review the results of periodic examinations of the financial contractor by a state or federal banking, insurance, or securities agency, except to the extent that the report is confidential under state or federal law; and
(10) ensure that the descriptions of the program in the media that the financial contractor uses to promote the program are consistent with a marketing plan developed for the program.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.080. Additional audits.

In addition to the annual audit required by AS 06.65.020(a)(5), the department may require a financial contractor to have an audit conducted of the financial contractor's operations and financial position when the department is concerned about the financial position, the record-keeping practices, or the status of the program accounts of the financial contractor.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.090. Contract termination; nonrenewal.

The department may terminate or fail to renew a financial contract. If the department terminates or does not renew a contract with a financial contractor, the department shall take custody of the program accounts held by the financial contractor and transfer the program accounts to another financial contractor as soon as possible and into program accounts that are as similar as possible to the types of program accounts being transferred.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.100. Eligible individuals.

To be eligible for a program account, when an individual or the individual's representative establishes the program account or makes a distribution to another program account under AS 06.65.200, the individual must be
(1) entitled to benefits based on blindness or disability under 42 U.S.C. 401 - 434 or 42 U.S.C. 1381 - 1383f, and the blindness or disability must have occurred before the date on which the individual reached the age required by the federal authorizing law for this purpose; or
(2) an individual for whom a disability certification that satisfies the secretary and the federal authorizing law is filed with the secretary for the calendar year in which the eligible individual or the eligible individual's representative opens the program account.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.110. Representative of eligible individual.

(a) A person may act as the representative of an eligible individual under this chapter if the eligible individual is a minor or lacks decision-making capacity and if the person is
(1) a parent, guardian, or conservator of the eligible individual; in this paragraph,
(A) “conservator” has the meaning given in AS 13.06.050;
(B) “guardian” has the meaning given in AS 13.06.050;
(C) “parent” includes a stepparent; or
(2) a trustee of the property of the eligible individual.
(b) The representative of an eligible individual may establish a program account for the eligible individual, and the eligible individual is the designated beneficiary of the program account. The representative shall manage the program account for the benefit of the designated beneficiary.
(c) In this section, “decision-making capacity” means the ability to understand and appreciate the nature and consequences of a decision and the ability to reach and communicate an informed decision.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.120. Program account ownership.

(a) The owner of a program account is the designated beneficiary of the program account.
(b) If a representative of an eligible individual establishes a program account for an eligible individual, the representative is not an owner of the program account and does not have or acquire an interest in the assets of the program account.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.140. Program account application.

The application for a program account must be in the form established by the department and contain
(1) the name, address, and social security number of the program account owner and, if applicable, the representative who opens the program account for the eligible individual; and
(2) additional information that the department and the secretary determine is necessary.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.160. Program account contributions.

(a) As provided by the federal authorizing law, a person may make a contribution to a program account for the designated beneficiary. A person may also make a contribution to a program account under AS 14.40.802(f)(3).
(b) A person may not make a contribution to open or add to a program account unless the person makes the contribution by using a method of payment acceptable to the department.
(c) Any person may make a contribution to a program account, but the amount that the person may contribute is subject to the limits set by the federal authorizing law, the department, or AS 14.40.802(f)(3).
(d) The department or the financial contractor shall reject or withdraw from a program account
(1) that part of a contribution that exceeds the limit established under (c) of this section; or
(2) the total amount of a contribution, if the department or the financial contractor determines that the
(A) value of the program account without the contribution is equal to or greater than the maximum limit established by the federal authorizing statute for the program account; or
(B) designated beneficiary is not an eligible individual during the calendar year in which the contribution is made.
(e) If a person makes a distribution from a program account during a calendar year, the financial contractor shall report the distribution to the federal Internal Revenue Service and to the account owner or the representative of the account owner.
(f) The report under (e) of this section must include the distribution information required by state and federal law.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.190. Distributions for qualified expenses.

Except as allowed under AS 06.65.200, a designated beneficiary or the representative of the designated beneficiary may not make a withdrawal or other distribution from a program account unless the withdrawal or other distribution is used to pay for the qualified expenses of the designated beneficiary.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.200. Rollover distribution.

(a) Subject to the restrictions in the federal authorizing law for rollover distributions, a designated beneficiary or the designated beneficiary's representative may make a distribution of the money in a program account to another
(1) program account if the designated beneficiary of the program account to which the distribution is being made is
(A) the same eligible individual; or
(B) an eligible individual who is a member of the family of the designated beneficiary from whom the distribution is made; or
(2) account allowed by the federal authorizing law.
(b) To qualify as a distribution allowed under (a) of this section, the designated beneficiary or the designated beneficiary's representative shall make the distribution to the other program account before the 60th day after the designated beneficiary or the designated beneficiary's representative makes the distribution from the program account.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.210. Statements.

(a) A financial contractor shall provide program account statements to the designated beneficiary or the designated beneficiary's representative of each program account established with the financial contractor at least four times each year and at the times the department establishes.
(b) A financial contractor shall provide the department with the reports and information that the department requests that are related to the program account statements.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.260. No state obligation.

(a) This chapter may not be construed to create an obligation of the state, the department, or an agency or instrumentality of the state to guarantee for the benefit of a designated beneficiary
(1) the return of the principal deposited in the program account;
(2) a rate of interest or other return on the principal in a program account; or
(3) the payment of interest or other return on the principal in a program account.
(b) Every contract, application, and other document that may be used in connection with opening a program account must clearly state that the state does not insure a program account or guarantee the items described in (a) of this section.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.270. Confidentiality.

The department, the Department of Health, and another state agency that receives information under AS 06.65.280 shall maintain the confidentiality of the information they receive or exchange under this chapter about eligible individuals, designated beneficiaries, and program accounts as required by state and federal law.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.290. Treatment under means test programs.

(a) Notwithstanding a contrary provision of law, a state agency may not consider a program account amount in this or another state when determining the eligibility of the designated beneficiary of the program account to receive state assistance or state benefits or when determining the amount of state assistance or state benefits to be received by the designated beneficiary of the program account.
(b) In this section, “program account amount” means a contribution to a program account, earnings on the contribution, or a distribution for a qualified expense.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.310. Program expense fund.

(a) The program expense fund is established as a separate fund of the state in the general fund.
(b) The program expense fund consists of money appropriated to the fund to pay the expenses of the program.
(c) The department shall pay the expenses incurred by the department to implement and administer the program from the program expense fund.
(d) The department shall manage the fund.
(e) Except as provided otherwise by the appropriation for the money, the money remaining in the program expense fund at the end of a fiscal year does not lapse and remains available for expenditure under this section in successive fiscal years.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.320. Medicaid claims.

This state or another state may file a claim against the amount remaining in the program account of a deceased designated beneficiary to recover medical assistance payments if the payments were made for the designated beneficiary, were made under that state's Medicaid program authorized by 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act), and were made after the program account of the designated beneficiary was established. The application of this section is subject to the requirements of 26 U.S.C. 529A(f) (Internal Revenue Code).
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.350. Annual report.

The department shall evaluate the program each year. The department shall submit an annual report containing the evaluation to the senate secretary and chief clerk of the house of representatives on or before the first day of each regular session of the legislature and shall notify the legislature that the report is available.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 65. Alaska Savings Program for Eligible Individuals › Sec. 06.65.390. Definitions.

In this chapter,
(1) “department” means the Department of Revenue;
(2) “designated beneficiary” means the eligible individual for whom a program account for qualified expenses is established under this chapter;
(3) “eligible individual” means an individual who is eligible under AS 06.65.100;
(4) “federal authorizing law” means 26 U.S.C. 529A (Internal Revenue Code) and the regulations issued under that statute;
(5) “financial contractor” means a person that enters into a contract with the department under this chapter to provide program accounts;
(6) “member of the family” has the meaning given in the federal authorizing statute;
(7) “program” means the Alaska savings program for eligible individuals established under AS 06.65.010;
(8) “program account” means a savings account used by the program to meet the qualified disability expenses of the designated beneficiary of the account;
(9) “program account owner” means the designated beneficiary of a program account;
(10) “qualified expense” means a qualified disability expense as defined by the federal authorizing law;
(11) “representative” means a person who is a representative of an eligible individual under AS 06.65.110(a);
(12) “savings account” means a financial account;
(13) “secretary” means the United States Secretary of the Treasury.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 90. Miscellaneous Provisions › Sec. 06.90.010. Automated teller machine fee.

Unless a fee is otherwise prohibited by or conflicts with federal law, a person that owns an automated teller machine may charge a fee for the use of the automated teller machine to conduct a transaction accessing an account from an international financial institution. In this section,
(1) “automated teller machine” means an electronic device that dispenses cash in connection with a credit, deposit, or checking account at an international financial institution;
(2) “international financial institution” means a person that is organized and licensed under the laws of a foreign country to engage in a banking business; in this paragraph, “banking business” means a business that offers deposit accounts, makes loans, and conducts other financial transactions.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.010. Applicability of chapter.

This chapter applies to the
(1) Board of Public Accountancy (AS 08.04.010);
(2) regulation of acupuncturists under AS 08.06;
(3) State Board of Registration for Architects, Engineers, and Land Surveyors (AS 08.48.011);
(4) Athletic Commission (AS 05.05 and AS 05.10);
(5) regulation of athletic trainers under AS 08.07;
(6) regulation of audiologists and speech-language pathologists under AS 08.11;
(7) Board of Barbers and Hairdressers (AS 08.13.010);
(8) regulation of behavior analysts under AS 08.15;
(9) Big Game Commercial Services Board (AS 08.54.591);
(10) regulation of business licenses under AS 43.70;
(11) Board of Chiropractic Examiners (AS 08.20.010);
(12) regulation of collection agencies under AS 08.24;
(13) regulation of concert promoters under AS 08.92;
(14) regulation of construction contractors and home inspectors under AS 08.18;
(15) Board of Dental Examiners (AS 08.36.010);
(16) regulation of dietitians and nutritionists under AS 08.38;
(17) Board of Certified Direct-Entry Midwives (AS 08.65.010);
(18) regulation of dispensing opticians under AS 08.71;
(19) regulation of electrical and mechanical administrators under AS 08.40;
(20) regulation of agencies that perform euthanasia services under AS 08.02.050;
(21) regulation of professional geologists under AS 08.02.060;
(22) regulation of private professional guardians and private professional conservators (AS 08.26);
(23) regulation of hearing aid dealers under AS 08.55;
(24) Board of Marine Pilots (AS 08.62.010);
(25) Board of Marital and Family Therapy (AS 08.63.010);
(26) Board of Massage Therapists (AS 08.61.010);
(27) State Medical Board (AS 08.64.010);
(28) regulation of morticians under AS 08.42;
(29) regulation of the practice of naturopathy under AS 08.45;
(30) Board of Nursing (AS 08.68.010);
(31) regulation of nursing home administrators under AS 08.70;
(32) Board of Examiners in Optometry (AS 08.72.010);
(33) regulation of pawnbrokers (AS 08.76.100 - 08.76.590);
(34) Board of Pharmacy (AS 08.80.010);
(35) State Physical Therapy and Occupational Therapy Board (AS 08.84.010);
(36) Board of Professional Counselors (AS 08.29.010);
(37) Board of Psychologist and Psychological Associate Examiners (AS 08.86.010);
(38) Real Estate Commission (AS 08.88.011);
(39) Board of Certified Real Estate Appraisers (AS 08.87.010);
(40) Board of Social Work Examiners (AS 08.95.010);
(41) Board of Veterinary Examiners (AS 08.98.010).
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.020. Board organization.

Board members are appointed by the governor and serve at the pleasure of the governor. Unless otherwise provided, the governor may designate the chair of a board, and all other officers shall be elected by the board members. Unless otherwise provided, officers of a board are the chair and the secretary. A board may provide by regulation that three or more unexcused absences from meetings are cause for removal.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.025. Public members.

A public member of a board may not
(1) be engaged in the occupation that the board regulates;
(2) be associated by legal contract with a member of the occupation that the board regulates except as a consumer of the services provided by a practitioner of the occupation; or
(3) have a direct financial interest in the occupation that the board regulates.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.035. Appointments and terms.

Members of boards subject to this chapter are appointed for staggered terms of four years. Except as provided in AS 39.05.080(4), a member of a board serves until a successor is appointed. Except as provided in AS 39.05.080(4), an appointment to fill a vacancy on a board is for the remainder of the unexpired term. A member who has served all or part of two successive terms on a board may not be reappointed to that board unless four years have elapsed since the person has last served on the board.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.050. Administrative duties of department.

(a) The department shall perform the following administrative and budgetary services when appropriate:
(1) collect and record fees;
(2) maintain records and files;
(3) issue and receive application forms;
(4) notify applicants of acceptance or rejection as determined by the board or, for occupations or activities listed in AS 08.01.010 that are regulated directly by the department, as determined by the department under applicable law;
(5) designate dates examinations are to be held and notify applicants;
(6) publish notice of examinations and proceedings;
(7) arrange space for holding examinations and proceedings;
(8) notify applicants of results of examinations;
(9) issue licenses or temporary licenses as authorized by the board or, for occupations or activities listed in AS 08.01.010 that are regulated directly by the department, as authorized by the department under applicable law;
(10) issue duplicate licenses upon submission of a written request by the licensee attesting to loss of or the failure to receive the original and payment by the licensee of a fee established by regulation adopted by the department;
(11) notify licensees of renewal dates at least 30 days before the expiration date of their licenses;
(12) compile and maintain a current register of licensees;
(13) answer routine inquiries;
(14) maintain files relating to individual licensees;
(15) arrange for printing and advertising;
(16) purchase supplies;
(17) employ additional help when needed;
(18) perform other services that may be requested by the board;
(19) provide inspection, enforcement, and investigative services to the boards and for the occupations listed in AS 08.01.010 regarding all licenses issued by or through the department;
(20) retain and safeguard the official seal of a board and prepare, sign, and affix a board seal, as appropriate, for licenses approved by a board;
(21) issue business licenses under AS 43.70.
(b) The form and content of a license, authorized by a board listed in AS 08.01.010, including any document evidencing renewal of a license, shall be determined by the department after consultation with and consideration of the views of the board concerned.
(c) [Repealed, § 49 ch 94 SLA 1987.]
(d) At the request of one of the following boards, the department may contract with public agencies and private professional organizations to provide assistance and treatment to persons licensed by the board who abuse alcohol, other drugs, or other substances:
(1) Board of Social Work Examiners;
(2) Board of Dental Examiners;
(3) Board of Marital and Family Therapy;
(4) State Medical Board;
(5) Board of Nursing;
(6) Board of Examiners in Optometry;
(7) Board of Pharmacy;
(8) State Physical Therapy and Occupational Therapy Board;
(9) Board of Professional Counselors;
(10) Board of Psychologist and Psychological Associate Examiners; and
(11) Board of Veterinary Examiners.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.060. Application for license.

(a) All applications for examination or licensing to engage in the business or profession covered by this chapter shall be made in writing to the department.
(b) If the applicant is a natural person, the application must require that the applicant submit the applicant's social security number to the department. Notwithstanding any other provision of this title, a license to engage in a profession may not be issued by the department to a natural person unless the social security number has been provided to the department.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.062. Courtesy licenses.

(a) A board established under this title and the department, with respect to an occupation that it regulates under this title, may by regulation establish criteria for issuing a temporary courtesy license to nonresidents who enter the state so that, on a temporary basis, they may practice the occupation regulated by the board or the department.
(b) The regulations adopted under (a) of this section may include limitations relating to the
(1) duration of the license's validity;
(2) scope of practice allowed under the license; and
(3) other matters considered important by the board or the department.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.064. Military education, training, and service credit; temporary license.

(a) Notwithstanding another provision of law, the department or applicable board shall accept military education, training, and service for some or all of the qualifications otherwise required of an applicant for a license or certificate issued under this chapter if
(1) the department or applicable board determines that the military education, training, and service is substantially equivalent to some or all of the qualifications otherwise required of an applicant for a license or certificate issued under this chapter; and
(2) the applicant provides satisfactory evidence of successful completion of the education, training, or service as a member of the armed forces of the United States, the United States Reserves, the National Guard of any state, the Military Reserves of any state, or the Naval Militia of any state.
(b) If the department issues temporary licenses or certificates as authorized by the department or applicable board under AS 08.01.050(a)(9), the department or applicable board shall issue a temporary license or certificate to a person who
(1) applies to the department or applicable board in a manner prescribed by the department or board;
(2) meets the requirements in AS 08.01.063(a)(3) - (6); and
(3) while in the armed forces of the United States or any state, as described in (a) of this section,
(A) held a current license or certificate in another state, district, or territory of the United States, practiced in the area of the license or certificate, and maintained the license or certificate in active status before and at the time of application for a license or certificate under this subsection; or
(B) was awarded a degree, diploma, or certificate by a branch of the armed forces of the United States or any state, as described in (a) of this section, that met standards for an equivalent license or a certificate of technical training.
(c) The department or applicable board shall expedite the procedure for issuance of a license or certificate under (b) of this section for an applicant who is on active duty.
(d) A license or certificate issued under (b) of this section is valid for 180 days and may be extended at the discretion of the department or applicable board for one additional 180-day period if the holder of the license or certificate applies for an extension on a form approved by the department or applicable board.
(e) The department or applicable board may adopt regulations necessary to implement this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.070. Administrative duties of boards.

Each board shall perform the following duties in addition to those provided in its respective law:
(1) take minutes and records of all proceedings;
(2) hold a minimum of one meeting each year;
(3) hold at least one examination each year;
(4) request, through the department, investigation of violations of its laws and regulations;
(5) prepare and grade board examinations;
(6) set minimum qualifications for applicants for examination and license and may establish a waiver of continuing education requirements for renewal of a license for the period in which a licensee is engaged in active duty military service as described under AS 08.01.100(f);
(7) forward a draft of the minutes of proceedings to the department within 20 days after the proceedings;
(8) forward results of board examinations to the department within 20 days after the examination is given;
(9) notify the department of meeting dates and agenda items at least 15 days before meetings and other proceedings are held;
(10) submit before the end of the fiscal year an annual performance report to the department stating the board's accomplishments, activities, and needs.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.075. Disciplinary powers of boards.

(a) A board may take the following disciplinary actions, singly or in combination:
(1) permanently revoke a license;
(2) suspend a license for a specified period;
(3) censure or reprimand a licensee;
(4) impose limitations or conditions on the professional practice of a licensee;
(5) require a licensee to submit to peer review;
(6) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;
(7) impose probation requiring a licensee to report regularly to the board on matters related to the grounds for probation;
(8) impose a civil fine not to exceed $5,000.
(b) A board may withdraw probationary status if the deficiencies that required the sanction are remedied.
(c) A board may summarily suspend a licensee from the practice of the profession before a final hearing is held or during an appeal if the board finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the board on an appeal of a summary suspension to a court of competent jurisdiction.
(d) A board may reinstate a suspended or revoked license if, after a hearing, the board finds that the applicant is able to practice the profession with skill and safety.
(e) A board may accept the voluntary surrender of a license. A license may not be returned unless the board determines that the licensee is competent to resume practice and the licensee pays the appropriate renewal fee.
(f) A board shall seek consistency in the application of disciplinary sanctions. A board shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.077. Conviction as grounds for disciplinary action.

Notwithstanding any other provision of this title, the conviction under AS 47.24.010 of a person licensed, certified, or regulated by the department or a board under this title may be considered by the department or board as grounds for disciplinary proceedings or sanctions.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.087. Investigative and enforcement powers of department.

(a) The department may, upon its own motion, conduct investigations to
(1) determine whether a person has violated a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010; or
(2) secure information useful in the administration of this chapter.
(b) If it appears to the commissioner that a person has engaged in or is about to engage in an act or practice in violation of a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010, the commissioner may, if the commissioner considers it in the public interest, and after notification of a proposed order or action by telephone or facsimile to all board members, if a board regulates the act or practice involved, unless a majority of the members of the board object within 10 days,
(1) issue an order directing the person to stop the act or practice; however, reasonable notice of and an opportunity for a hearing must first be given to the person, except that the commissioner may issue a temporary order before a hearing is held; a temporary order remains in effect until a final order affirming, modifying, or reversing the temporary order is issued or until 15 days after the person receives the notice and has not requested a hearing by that time; a temporary order becomes final if the person to whom the notice is addressed does not request a hearing within 15 days after receiving the notice; the office of administrative hearings (AS 44.64.010) shall conduct the hearing and shall issue a proposed decision within 10 days after the hearing; the commissioner shall issue a final order within five days after the proposed decision is issued;
(2) bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter, a regulation adopted under it, an order issued under it, or with a provision of this title or regulation adopted under this title dealing with business licenses or an occupation or board listed in AS 08.01.010;
(3) examine or have examined the books and records of a person whose business activities require a business license or licensure by a board listed in AS 08.01.010, or whose occupation is listed in AS 08.01.010; the commissioner may require the person to pay the reasonable costs of the examination; and
(4) issue subpoenas for the attendance of witnesses, and the production of books, records, and other documents.
(c) Under procedures and standards of operation established by the department by regulation, and with the agreement of the appropriate agency, the department may designate appropriate state or municipal agencies to investigate reports of abuse, neglect, or misappropriation of property by certified nurse aides.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.089. Copies of records for child support purposes.

If a copy of a public record concerning an individual who owes or is owed child support that is prepared or maintained by the department is requested by the child support services agency created in AS 25.27.010 or a child support enforcement agency of another state, the department shall provide the requesting agency with a certified copy of the public record, including the individual's social security number. If these records are prepared or maintained by the department in an electronic data base, the records may be supplied by providing the requesting agency with a copy of the electronic record and a statement certifying its contents. A requesting agency receiving information under this section may use it only for child support purposes authorized under law.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.100. License renewal, lapse, and reinstatement.

(a) Licenses shall be renewed biennially on the dates set by the department with the approval of the respective board.
(b) A license subject to renewal shall be renewed on or before the date set by the department. If the license is not renewed by the date set by the department, the license lapses. In addition to renewal fees required for reinstatement of the lapsed license, the department may impose a delayed renewal penalty, established by regulation, that shall be paid before a license that has been lapsed for more than 60 days may be renewed. The department may adopt a delayed renewal penalty only with the concurrence of the appropriate board.
(c) Except as provided in (f) of this section, when continuing education or other requirements are made a condition of license renewal, the requirements shall be satisfied before a license is renewed.
(d) Except as otherwise provided, a license may not be renewed if it has been lapsed for five years or more.
(e) Notwithstanding any other provision of this title, a renewal of a license may not be issued by the department to a natural person unless the licensee's social security number has been provided to the department.
(f) The department may establish and implement a waiver of continuing education requirements for renewal of a license regulated by the department and a board may establish and implement a waiver of continuing education requirements for renewal of a license regulated by the board for the period in which a licensee is engaged in active duty military service in the armed forces of the United States.
(g) A member of the armed forces of the United States on active duty in a combat zone, danger pay post, or qualified hazardous duty area, who is a licensee under this title in good standing at the time of the licensee's active duty order is exempt from any fees or other requirements to maintain that license or good standing while the licensee is in that zone, at that post, or in that area. This exemption is valid for 180 days after returning to the licensee's permanent duty station, if the licensee does not engage in licensed practice for profit in the private sector. The licensee shall pay fees and meet all other requirements for the license period beginning after the exemption ends. In this subsection,
(1) “combat zone” has the meaning given in 26 U.S.C. 112(c)(2) (Internal Revenue Code);
(2) “danger pay post” means a post so designated by the United States Secretary of State in the Department of State Standardized Regulations for purposes of danger pay under 5 U.S.C. 5928;
(3) “qualified hazardous duty area” means an area that, during the applicant's deployment, is treated as if it were a combat zone for purposes of a federal tax exemption under 26 U.S.C. 112 (Internal Revenue Code).
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.102. Citation for unlicensed practice or activity.

The department may issue a citation for a violation of a license requirement under this chapter, except a requirement to have a license under AS 43.70, if there is probable cause to believe a person has practiced a profession or engaged in business for which a license is required without holding the license. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation. A citation issued under this section must comply with the standards adopted under AS 12.25.175 - 12.25.230.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.103. Procedure and form of citation.

(a) A person receiving the citation issued under AS 08.01.102 is not required to sign a notice to appear in court.
(b) The time specified in the notice to appear on a citation issued under AS 08.01.102 shall be at least five working days after the issuance of the citation.
(c) The department is responsible for the issuance of books containing appropriate citations and shall maintain a record of each book issued and each citation contained in it. The department shall require and retain a receipt for every book issued to an employee of the department.
(d) On or before the 10th working day after the issuance of a citation, the department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of a citation, copies of it, or the record of its issuance except as required under this subsection and (e) of this section.
(e) The department shall require the return of a copy of every citation issued by the department and all copies of a citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with each citation, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.
(f) A citation issued under AS 08.01.102 is considered to be a lawful complaint for the purpose of prosecution.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.104. Failure to obey citation.

Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, a person who without lawful justification or excuse fails to appear in court to answer a citation issued under AS 08.01.102, regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 01. Centralized Licensing › Sec. 08.01.110. Definitions.

In this chapter,
(1) “board” includes the boards and commissions listed in AS 08.01.010;
(2) “commissioner” means the commissioner of commerce, community, and economic development;
(3) “department” means the Department of Commerce, Community, and Economic Development;
(4) “license” means a business license or a license, certificate, permit, or registration or similar evidence of authority issued for an occupation by the department or by one of the boards listed in AS 08.01.010;
(5) “licensee” means a person who holds a license;
(6) “occupation” means a trade or profession listed in AS 08.01.010.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 02. Miscellaneous Provisions › Article 1. Limitation of Liability › Sec. 08.02.020. Limitation of liability.

An action may not be brought against a person for damages resulting from
(1) the person's good faith performance of a duty, function, or activity required as a
(A) member of, or witness before, a licensing board or peer review committee established to review a licensing matter;
(B) member of a committee appointed under AS 08.64.336(c);
(C) contractor or agent of a contractor under AS 08.01.050(d) or AS 08.64.101(a)(5);
(2) a recommendation or action in accordance with the prescribed duties of a licensing board, peer review committee established to review a licensing matter, committee appointed under AS 08.64.336(c), or contractor or agent of a contractor under AS 08.01.050(d) or AS 08.64.101(a)(5) when the person acts in the reasonable belief that the action or recommendation is warranted by facts known to the person, board, peer review committee, committee appointed under AS 08.64.336(c), or contractor or agent of the contractor under AS 08.01.050(d) or AS 08.64.101(a)(5) after reasonable efforts to ascertain the facts upon which the action or recommendation is made; or
(3) a report made in good faith to a public agency by the person, or participation by the person in an investigation by a public agency or a judicial or administrative proceeding relating to the report, if the report relates to the abuse of alcohol, other drugs, or other substances by a person licensed by a board listed in AS 08.01.050(d).
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 02. Miscellaneous Provisions › Article 2. Miscellaneous Professions, Occupations, and Activities Regulated Directly by the Department › Sec. 08.02.050. Permits for use of drugs to euthanize domestic animals.

(a) A qualified agency may apply to the department and obtain a permit that authorizes the purchase, possession, and use by the agency of sodium pentobarbital, sodium pentobarbital with lidocaine, and other drugs authorized in regulations adopted by the department for the purpose of euthanizing injured, sick, or abandoned domestic animals in the lawful possession of the agency. To qualify to obtain the permit, the agency shall certify that it will
(1) comply with applicable federal laws related to the use of the drugs; and
(2) not permit an employee to administer the drugs unless the employee has successfully completed a euthanasia technician certification course approved by the National Animal Control Association, the American Humane Association, or the Humane Society of the United States.
(b) The department may revoke or suspend a permit or take another disciplinary action under AS 08.01.075 if it determines that the agency or an employee of the agency
(1) improperly used sodium pentobarbital, sodium pentobarbital with lidocaine, or another drug authorized for use under this section;
(2) failed to follow federal or state laws regarding proper storage and handling of the drugs;
(3) allowed an employee to administer the drugs before the employee successfully completed the certification course described in (a)(2) of this section; or
(4) violated this title or a regulation adopted under this title.
(c) In this section, “agency” means an animal control agency of a municipality or recognized governmental entity or an entity that has contracted with a municipality or recognized governmental entity to perform animal control or animal euthanasia services.
(d) The department may adopt regulations to implement this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 02. Miscellaneous Provisions › Article 2. Miscellaneous Professions, Occupations, and Activities Regulated Directly by the Department › Sec. 08.02.060. Professional geologist.

The commissioner of commerce, community, and economic development shall certify an applicant as a professional geologist if the applicant is certified as a professional geologist by the American Institute of Professional Geologists.