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2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 1. Licensing and Regulation of Electrical Administrators. › Sec. 08.40.190. Exclusions.

(a) AS 08.40.005 - 08.40.200 do not apply to any utility or municipality engaged in
(1) electrical construction and maintenance of electrical wiring for the generation and distribution of electrical current where the wiring is an integral part of a system owned and operated by that utility or municipal light and power department;
(2) the installation, operation, maintenance, or repair of telephone, signal, or communication systems when the work is performed by the employees of that utility.
(b) AS 08.40.005 - 08.40.200 do not apply to a person engaged in
(1) the manufacture, maintenance, or repair of electrical apparatus or equipment;
(2) electrical work, the cost of which does not exceed $5,000, involving residences or small commercial establishments in communities that
(A) have a population of under 500 according to the latest available federal or state census or other census approved by the department; or
(B) are over 50 miles by air or water transportation from the business place of an electrical administrator licensed under AS 08.40.005 - 08.40.200;
(3) electrical installation on residential property that is owned by the installer or a member of the installer's immediate family and not intended for sale at the time of making the installation;
(4) the operation, maintenance, or repair of a television or radio broadcasting system and the installation of a radio broadcasting system under 500 watts input power except for A.C. power supply and wiring;
(5) the installation, maintenance, and repair of elevators so long as the work is performed by an agent or employee of the elevator industry and is confined to the elevator control system, which system does not include the power supply, wiring, and motor connection;
(6) the operation, maintenance, and repair of telephone and intercommunication facilities;
(7) the installation, maintenance, and repair of fire alarm, intrusion alarm, or other low voltage signaling systems of 48 volts to ground or less;
(8) the maintenance or repair of diesel electric engines installed on heavy construction equipment, either in a shop or on a job site;
(9) the installation in a commercial water well of the submersible pump motor and the wiring to the well pump system controls if the controls are outside a building or a structure;
(10) the installation in a noncommercial water well of the submersible pump motor and the wiring to the well pump system controls;
(11) electrical maintenance or repair work if the work is performed by the person as an employee of an owner or tenant of commercial property as part of the employee's work duties with respect to the property but is not offered or performed as a service to the public.
(c) Work within the exclusionary provisions of this section is nevertheless subject to the inspection provisions of AS 08.40.070 and must follow the regulations adopted by the department, other than regulations requiring licensure for the work.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 1. Licensing and Regulation of Electrical Administrators. › Sec. 08.40.195. Personal supervision.

A person licensed under AS 08.40.005 - 08.40.200 as an electrical administrator who is responsible for the installation or repair of electrical wiring, conduits, devices, fixtures, equipment, or other electrical materials for transmitting, using, or consuming electrical energy or who is responsible for certifying that the installation or repair complies with applicable electrical codes shall personally inspect those materials after installation and repair unless the installation or repair amounts to simple or highly standardized work performed in less than 24 man hours by personnel generally under the supervision of the electrical administrator.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 1. Licensing and Regulation of Electrical Administrators. › Sec. 08.40.200. Definitions.

In AS 08.40.005 - 08.40.200,
(1) “department” means the Department of Commerce, Community, and Economic Development;
(2) “electrical administrator” means a person who is responsible for
(A) installing or repairing electrical wiring, conduits, devices, fixtures, equipment, or other electrical materials for transmitting, using, or consuming electrical energy; or
(B) certifying that an installation or repair described in (A) of this paragraph complies with applicable electrical codes;
(3) “electrical wiring” means and includes wiring, fixtures, conduits, appliances, devices, equipment, overhead or underground wiring systems, or other equipment in connection with the general distribution or utilization of electrical energy;
(4) “manufacture” means fabrication or completion of a product or electrical apparatus exclusive of its completion or installation at a job site;
(5) “utility” means every corporation (whether public, cooperative or otherwise), company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant or system for
(A) furnishing, by generation, transmission or distribution, electrical service to the public for compensation;
(B) furnishing telecommunications service to the public for compensation.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.210. Purpose of AS 08.40.210 - 08.40.490.

The purpose of AS 08.40.210 - 08.40.490 is to protect the safety of people and property in the state from the danger of improperly installed or modified mechanical systems by providing a procedure to assure
(1) the public that persons responsible for making mechanical installations in this state are qualified; and
(2) that a sufficient number of persons are so qualified.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.240. Regulations.

The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) relating to the examination and licensing of mechanical administrators and the establishing of the continued competency of licensees for license renewal and reinstatement.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.260. License required.

(a) A person may not act as a mechanical administrator without a license unless the person is covered by an exclusion under AS 08.40.390.
(b) A person licensed under AS 08.40.210 - 08.40.490 may perform work only in a category for which the person is licensed.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.270. Examination of applicant.

(a) Each applicant shall be examined to determine the applicant's
(1) ability to understand plans, design specifications, and engineering terms commonly used in the mechanical field;
(2) knowledge of mechanical installations and piping;
(3) familiarity with the requirements of the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and the Uniform Mechanical Code currently in effect in the state;
(4) personal skill and ability.
(b) If an applicant for a license submits proof satisfactory to the department that the applicant is licensed as a mechanical administrator or the equivalent by another state or territory, meets qualifications established by the department under AS 08.40.230, and has passed an examination equivalent to the test administered under (a) of this section, the department shall waive all of the examination required under (a) of this section.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.280. Administrator limited to one licensed contractor.

A person may not qualify or operate as a mechanical administrator for more than one registered contractor, corporation, joint venture, or other business entity unless the municipality or community where the person qualifies or operates as a mechanical administrator is the principal place of business of fewer than three mechanical administrators.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.290. Renewal and reinstatement.

(a) A license issued under AS 08.40.210 - 08.40.490 is nontransferable and, unless revoked or suspended, may be renewed on a date set by the department upon proof of continued competency.
(b) A lapsed license may be reinstated upon proof of continued competency and by payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100(b) unless the license has been lapsed for more than two years. If a person's license has been lapsed for more than two years, the person is required to take an examination under AS 08.40.270.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.300. Issuance and possession of license.

An applicant who successfully passes the examination shall receive a license. The licensee shall have the license in immediate possession at all times when performing activities for which the license is required and shall present the license for inspection upon the demand of an authorized representative of the department identified as such to the licensee by the representative.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.320. Disciplinary actions.

(a) The department may take the disciplinary actions set out in (d) of this section upon a finding that
(1) the license application is fraudulent or misleading;
(2) the licensee has knowingly violated AS 08.40.210 - 08.40.490, a code listed in AS 08.40.490(3)(A), or an order or regulation of the department; or
(3) the licensee is incompetent or has engaged in fraudulent practices.
(b) Notice of a proposed disciplinary action under this section must be in writing and must state the grounds.
(c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act).
(d) The department may take the following disciplinary actions under (a) of this section, singly or in combination:
(1) refuse to issue a license;
(2) permanently revoke a license;
(3) suspend a license for a specified period;
(4) censure or reprimand a licensee;
(5) impose limitations or conditions on the professional practice of a licensee;
(6) require a licensee to submit to peer review;
(7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;
(8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation.
(e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied.
(f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department 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 department on an appeal of a summary suspension to a court of competent jurisdiction.
(g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession with skill and safety.
(h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee.
(i) The department shall seek consistency in the application of disciplinary sanctions. The department 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 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.330. Investigations.

The department may investigate alleged or apparent violations of AS 08.40.210 - 08.40.490. The department, upon showing proper credentials, may enter, during regular hours of work, a construction site where it appears that mechanical work is being done. The department may make inquiries about the identity of the mechanical administrator or the person acting in the capacity of a mechanical administrator. Upon demand, a mechanical administrator or person acting in the capacity of a mechanical administrator, or that person's representative, shall produce evidence of current licensure.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.340. Issuance of citations.

The department may issue a citation that complies with AS 12.25.175 - 12.25.230 for a violation if there is probable cause to believe a person has violated AS 08.40.210 - 08.40.490. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.350. Procedure and form of citation.

(a) A person receiving the citation under AS 08.40.340 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 08.40.340 must 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) 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 it or copies of it or of 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 under AS 08.40.340 and of all copies of every 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 every citation issued by the department, 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 08.40.340 is considered to be a lawful complaint for the purpose of prosecution.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.360. Cease and desist order.

(a) If the commissioner of commerce, community, and economic development determines that a person is acting as a mechanical administrator in violation of AS 08.40.210 - 08.40.490, the commissioner may issue a cease and desist order prohibiting further action by the person as a mechanical administrator. The cease and desist order remains in effect until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.
(b) A person affected by an order issued under (a) of this section may seek equitable relief preventing the commissioner of commerce, community, and economic development from enforcing the order.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.370. Injunctive relief.

The commissioner of commerce, community, and economic development may seek an injunction in the superior court to enjoin a person from violating AS 08.40.210 - 08.40.490.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.380. Penalties.

(a) A person who knowingly violates AS 08.40.210 - 08.40.490, or who knowingly violates a regulation or order of the department or a code listed in AS 08.40.490(3)(A) that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000.
(b) 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 08.40.340, 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 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.390. Exclusions.

(a) AS 08.40.210 - 08.40.490 do not apply to a utility, municipality, or local governing body whose employees are engaged in mechanical work on an integral part of a system owned and operated by the utility, municipality, or local governing body.
(b) AS 08.40.210 - 08.40.490 do not apply to a person engaged in
(1) the manufacture or repair of mechanical apparatus or equipment;
(2) mechanical work, the cost of which does not exceed $50,000, involving residences or small commercial establishments in communities that
(A) have a population of under 5,000 according to the latest available federal or state census or other census approved by the department; or
(B) are over 50 miles by air or water transportation from the business place of a mechanical administrator licensed under AS 08.40.210 - 08.40.490;
(3) mechanical installation on a single-family residence or a two-family residence that is not intended for sale at the time of making the installation;
(4) installation of water lines or sanitary, storm, or drain sewer lines more than five feet from a building;
(5) mechanical maintenance or repair work if the work is performed by the person as an employee of an owner or tenant of commercial property as part of the employee's work duties with respect to the property but is not offered or performed as a service to the public;
(6) design, installation, maintenance, or repair of fire extinguishing systems.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.400. Personal supervision.

A person licensed under AS 08.40.210 - 08.40.490 as a mechanical administrator who is responsible for installation or modification of mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials, or who is responsible for certifying that the installation or modification complies with applicable codes, shall personally inspect those materials after installation and modification unless the installation or modification amounts to simple or highly standardized work performed in less than 24 man-hours by personnel generally under the supervision of the mechanical administrator.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 40. Electrical and Mechanical Administrators › Article 2. Licensing and Regulation of Mechancial Administrators. › Sec. 08.40.490. Definitions.

In AS 08.40.210 - 08.40.490,
(1) “department” means the Department of Commerce, Community, and Economic Development except where the context otherwise requires;
(2) “manufacture” means fabrication or completion of a product or mechanical apparatus exclusive of its completion or installation at a job site;
(3) “mechanical administrator” means a person who is responsible for
(A) installing or modifying mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials subject to the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and the Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials; or
(B) certifying that an installation or modification described in (A) of this paragraph complies with the applicable codes;
(4) “mechanical piping” includes piping fixtures, devices, and equipment;
(5) “utility” means every public, cooperative, or other corporation, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls a plant or system for
(A) furnishing, by generation, transmission, or distribution, electrical service, fuel gas service, district heating, sewage disposal, or domestic water service to the public for compensation;
(B) furnishing telecommunications service to the public for compensation.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.020. License required for the practice of mortuary science.

(a) A person may not engage in the practice of mortuary science or hold out as being engaged in the practice unless licensed as an embalmer or funeral director by the department. A person holding a license as a funeral director may not embalm or restore a dead human body, take charge of the remains of a person dead of a communicable disease, or prepare for transportation by common carrier a human body dead of a communicable disease.
(b) [Repealed, § 62 ch 21 SLA 1991.]
(c) In the event the dead body is to be disposed of in a manner not requiring embalming, the department may issue a permit to an unlicensed person for the care and disposition of dead human bodies for compensation. This permit otherwise in no way licenses the holder to practice mortuary science.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.030. Examination of applicants for license to practice mortuary science.

The department is granted authority to examine all applicants for a license to practice mortuary science and to determine whether an applicant possesses the necessary qualifications. The department shall hold an examination at least once each year at the place and time the department may determine.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.050. Qualifications for license to practice mortuary science.

(a) In order to qualify for a license to practice embalming, the applicant shall
(1) be at least 18 years of age;
(2) have graduated from an accredited school or college of mortuary science;
(3) have taken and passed the examination for a license to practice embalming conducted by the department;
(4) have completed at least one year of apprenticeship as a trainee under a licensed embalmer.
(b) In order to qualify for a license to practice funeral directing, the applicant shall
(1) be at least 18 years of age;
(2) have satisfactorily completed at least one year, 30 semester credit hours, at an accredited college or university;
(3) have taken and passed the examination for a license to practice funeral directing conducted by the department;
(4) have completed at least one year of apprenticeship as a trainee under a person licensed to practice funeral directing in this state.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.060. Scope and conduct of examination for a license to practice mortuary science.

(a) The department shall examine applicants for an embalmer's license; the examination may include any or all of the following subjects: (1) theory and practice of embalming, (2) anatomy, (3) pathology, (4) bacteriology, (5) hygiene, including sanitation and public health, (6) chemistry, including toxicology, (7) restorative arts, including plastic surgery and demi-surgery, (8) funeral service arts and sciences and funeral service administration, including accounting, funeral law, psychology, funeral principles, directing, and management, (9) Alaska vital statistics law, and (10) the provisions of this chapter and the regulations adopted by the department under this chapter. The department shall examine applicants for a funeral director's license; the examination may include any or all of the subjects included in (8), (9), and (10) of this subsection. The department may use the examination provided by the International Conference of Funeral Service Examining Boards where it is applicable to the subjects in this section.
(b) A passing grade in the examination is an average grade of at least 75 percent with no individual subject grade of less than 70 percent.
(c) If an applicant receives an average grade of at least 75 percent, but receives a grade of less than 70 percent in three or fewer individual subjects, the applicant may be reexamined only in those subjects. The applicant is entitled to reexamination on individual subjects only once. A grade of at least 70 percent in each of the subjects in which the applicant is reexamined is sufficient to constitute a passing grade.
(d) Except as provided in (c) of this section, an applicant shall be reexamined in all subjects if the applicant reapplies for examination.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.070. Reciprocity.

(a) The department may recognize the license issued to an embalmer or funeral director from another state if the applicant
(1) furnishes proof satisfactory to the department that the applicant
(A) has complied, in the state in which the applicant is licensed, with requirements substantially equal to the requirements of this chapter; or
(B) meets the applicable requirements for the license for which the applicant is applying except for the apprenticeship and examination provisions and that the applicant is licensed in another state and has practiced mortuary science for at least one year in a state where the applicant is licensed; and
(2) takes and passes the examination provided for in (b) of this section.
(b) The department shall examine each applicant under this section on the following subjects: Alaska vital statistics law, the provisions of this chapter, and the regulations adopted by the department under this chapter.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.085. Qualifications for trainees.

(a) A person may apprentice as an embalmer trainee if the person
(1) is at least 18 years of age;
(2) applies on a form provided by the department; and
(3) furnishes evidence satisfactory to the department that an embalmer licensed in this state will supervise the training and that the training will take place in a funeral establishment that meets the requirements of AS 08.42.100.
(b) A person may apprentice as a funeral director trainee if the person
(1) is at least 18 years of age;
(2) applies on a form provided by the department; and
(3) furnishes evidence satisfactory to the department that a funeral director licensed in this state will supervise the training and that the training will take place in a funeral establishment that meets the requirements of AS 08.42.100.
(c) The department shall issue a permit valid for one year to an applicant who meets the requirements of this section. The department shall renew a permit for one year if the trainee applies for renewal on a form provided by the department and shows that the training activity continues to satisfy the requirements of this section. The department shall charge a fee for processing applications and renewals under this section that will be sufficient to cover administrative costs.
(d) A person may apprentice as a funeral director trainee or as an embalmer trainee for no more than two years.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.090. Grounds for refusal to issue or renew licenses and suspension or revocation of licenses.

When the department has reason to believe that an applicant or licensee has been guilty of any of the following acts or omissions, it may conduct an investigation, and the department may, after proper hearing and notice in accordance with AS 44.62 (Administrative Procedure Act), refuse to issue, refuse to renew, or may suspend or revoke, a license upon a finding by the department of any of the following acts or omissions:
(1) fraud or misrepresentation in obtaining a license;
(2) misrepresentation or fraud in the practice of mortuary science;
(3) false or misleading advertising;
(4) aiding or abetting an unlicensed person to practice mortuary science;
(5) using a casket or part of a casket which has previously been used as a receptacle for the burial or other final disposition of another dead human body;
(6) refusing to promptly surrender the custody of a dead human body upon the order of the person lawfully entitled to custody;
(7) solicitation of a dead human body by the licensee, the licensee's agents, servants or employees, if solicitation occurs after death, or while death is impending but this does not prohibit advertising or sales made on a pre-need basis;
(8) employment by the licensee of any person for the purpose of calling upon individuals or institutions to influence them to turn over a dead human body to a particular licensee immediately before an impending death or after death;
(9) the direct or indirect payment or offer of payment for the purpose of obtaining a dead body by the licensee, the licensee's agents, servants or employees immediately before an impending death or after death;
(10) immediately before impending death or after death, solicitation or acceptance by a licensee of any payment for recommending or causing a dead human body to be disposed of in a specific crematory, mausoleum or cemetery; however, this section does not prevent the recommendation or solicitation for sales of space and merchandise in a specific crematory, mausoleum or cemetery, if the licensee has an ownership interest in the specific crematory, mausoleum or cemetery and the ownership interest is disclosed at the time of the solicitation, recommendation or sale;
(11) violation of a state law or regulation or municipal ordinance or regulation or federal law or regulation affecting the disposition of a dead human body, or contracts relating to the disposition of a dead human body;
(12) violation of any of the provisions of this chapter;
(13) conviction of a felony involving moral turpitude.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.100. Funeral establishment permit.

A person may not conduct, maintain, manage, or operate a funeral establishment unless a permit for each establishment has been issued by the department and is conspicuously displayed in the funeral establishment. Each permit is valid only for one specific location, and each firm operating from the same funeral establishment shall obtain a separate permit. The department shall issue a permit to operate a funeral establishment upon application for the permit on a form provided by the department. All permits expire at the time established under AS 08.01.100 and may be renewed for successive terms. Violation of a provision of AS 08.42.090 by a person operating a funeral establishment or, with that person's knowledge or consent, by an employee is considered sufficient cause for suspension or revocation of the funeral establishment permit.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 42. Morticians › Sec. 08.42.200. Definitions.

In this chapter,
(1) “department” means the Department of Commerce, Community, and Economic Development;
(2) “funeral establishment” means every place devoted to or used in the care and preparation for disposition of dead human bodies, or as the office or place for carrying on the profession of mortuary science, or for any combination of these;
(3) “mortuary science” means embalming of dead human bodies, taking charge of the remains of those dead of a communicable disease, or preparing dead human bodies for shipment, directing or supervising funerals;
(4) “trainee” means a person who has met the qualifications set out in AS 08.42.085(a) and is engaged in learning the practice of embalming under the direction and control of a person properly licensed to practice embalming, or a person who has met the qualifications set out in AS 08.42.085(b) and is engaged in learning the practice of funeral directing under the direction and control of a person properly licensed to practice funeral directing.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.030. Issuance of license.

The department shall issue a license to practice naturopathy to an applicant who provides proof satisfactory to the department that the applicant has received a degree from an accredited four-year college or university, and
(1) on or before December 31, 1987, has graduated from a school of naturopathy that required four years of attendance at the school and after graduation has received a license in another state after passing an examination for licensure in that state and is licensed by a state at the time of application; or
(2) after December 31, 1987, has
(A) graduated from a school of naturopathy that required four years of attendance at the school and at the time of graduation the school was accredited or a candidate for accreditation by the Council on Naturopathic Medical Education or a successor organization recognized by the United States Department of Education; and
(B) passed the Naturopathic Physicians Licensing Examination.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.035. Temporary licenses.

(a) The department shall issue a temporary license to practice naturopathy to an applicant who has applied for and is qualified to take the next Naturopathic Physicians Licensing Examination offered after the date of application and provides proof satisfactory to the department that the applicant
(1) meets the requirements of AS 08.45.030(2)(A); and
(2) has not previously failed the Naturopathic Physicians Licensing Examination.
(b) A temporary license issued under (a) of this section terminates on the date
(1) the results of the examination the applicant agreed to take under (a) of this section are reported by the testing authority if the applicant failed the examination; or
(2) of the Naturopathic Physicians Licensing Examination that the applicant agreed to take under (a) of this section if the applicant fails to take the examination.
(c) A temporary license holder may practice only in the office of a naturopath licensed by this state.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.040. Disclosures required by person who practices naturopathy.

(a) A person who practices naturopathy shall clearly disclose that the person's training and practice is in naturopathy
(1) to each patient; and
(2) on all material used in the practice of naturopathy and made available to patients or to the public.
(b) A person who practices naturopathy without being covered by malpractice insurance shall disclose to each patient that the person does not have the insurance.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.050. Restrictions on practice of naturopathy.

A person who practices naturopathy may not
(1) give, prescribe, or recommend in the practice
(A) a prescription drug;
(B) a controlled substance;
(C) a poison;
(2) engage in surgery;
(3) use the word “physician” in the person's title.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.060. Grounds for suspension, revocation, or refusal to issue a license.

The department may, after a hearing, impose a disciplinary sanction on a person licensed under this chapter when the department finds that the 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 engaging in professional activities;
(3) advertised professional services in a false or misleading manner;
(4) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely;
(5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;
(6) continued to practice after becoming unfit due to
(A) professional incompetence;
(B) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely;
(C) physical or mental disability;
(7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.070. Disciplinary sanctions.

(a) When it finds that a licensee under this chapter has violated AS 08.45.040 - 08.45.050 or is guilty of an offense under AS 08.45.060, the department may impose the following sanctions singly or in combination:
(1) permanently revoke the license to practice;
(2) suspend the license for a determinate period of time;
(3) censure the licensee;
(4) issue a letter of reprimand to the licensee;
(5) place the licensee on probationary status and require the licensee to
(A) report regularly to the department upon matters involving the basis of probation;
(B) limit practice to those areas prescribed;
(C) continue professional education until a satisfactory degree of skill has been attained in areas determined by the department to need improvement;
(6) impose limitations or conditions on the practice of the licensee.
(b) The department may withdraw probationary status of a licensee if it finds that the deficiencies that required the sanction have been remedied.
(c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A licensee whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) not later than seven days after the effective date of the order. The licensee may appeal the suspension after a hearing to a court of competent jurisdiction.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.080. Unlicensed practice a misdemeanor.

A person who practices naturopathy in the state without a license in violation of AS 08.45.010 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than a year, or by both.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.090. Fraudulent license.

A person who obtains or attempts to obtain a naturopathic license by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a naturopathic license is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 45. Naturopaths › Sec. 08.45.200. Definitions.

In this chapter,
(1) “controlled substance” has the meaning given in AS 11.71.900;
(2) “department” means the Department of Commerce, Community, and Economic Development;
(3) “naturopathy” means the use of hydrotherapy, dietetics, electrotherapy, sanitation, suggestion, mechanical and manual manipulation for the stimulation of physiological and psychological action to establish a normal condition of mind and body; in this paragraph, “dietetics” includes herbal and homeopathic remedies.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects › Article 1. Board of Registration. › Sec. 08.48.011. Board created.

(a) There is created the State Board of Registration for Architects, Engineers, and Land Surveyors. The board shall administer the provisions of this chapter and comply with AS 44.62 (Administrative Procedure Act).
(b) The board consists of 11 members appointed by the governor having the qualifications as set out in AS 08.48.031. The board consists of two civil engineers, two land surveyors, one mining engineer, one electrical or mechanical engineer, one engineer from another branch of the profession of engineering, two architects, one landscape architect, and one public member.
(c) Notwithstanding (b) of this section, if a mining engineer who qualifies for appointment to the board and is interested in serving on the board is not available, the governor may appoint a petroleum or chemical engineer to the seat designated for a mining engineer.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects › Article 1. Board of Registration. › Sec. 08.48.021. Appointments and terms.

(a) The governor shall give each member of the board a certificate of appointment, and the member shall file with the lieutenant governor a written oath or affirmation for faithful discharge of the member's official duty.
(b) [Repealed, § 49 ch 94 SLA 1987.]
(c) For purposes of determining appointments and terms under AS 08.01.035, notwithstanding the reference in that section relating to eligibility for reappointment after serving a full or partial term,
(1) a member who has served all of two successive terms on the board may not be reappointed to the board unless four years have elapsed since the person last served on the board; and
(2) for purposes of (1) of this subsection, a person who serves for two years or more of a four-year term is considered to have served a full term.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects › Article 1. Board of Registration. › Sec. 08.48.031. Qualifications.

Each member of the board must have been a resident in the state for three consecutive years immediately preceding appointment and, except for the public member, must be registered and have a minimum of five years of professional practice in the member's respective field.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects › Article 1. Board of Registration. › Sec. 08.48.051. Organization and meetings.

The board shall hold at least four regular meetings each year. Special meetings may be held as the bylaws of the board provide. The board shall elect or appoint annually from its members the following officers: chair, vice-chair, and secretary.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects › Article 1. Board of Registration. › Sec. 08.48.055. Executive secretary of the board; investigator.

(a) The department, in consultation with the board, shall employ two persons who are not members of the board. One shall serve as the executive secretary of the board. The other shall serve as investigator for the board. The executive secretary is the principal executive officer of the board and is in the partially exempt service under AS 39.25.120.
(b) The executive secretary of the board shall perform duties as prescribed by the board.
(c) The investigator employed under (a) of this section
(1) shall conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board;
(2) shall, at the request of the board, conduct investigations based on complaints filed with the department or with the board; and
(3) is directly responsible and accountable to the board, except that only the department has authority to terminate the investigator's employment, and the department shall provide day-to-day and administrative supervision of the investigator.
2023 Alaska Statutes › Title 8. Business and Professions › Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects › Article 1. Board of Registration. › Sec. 08.48.061. Finances.

(a) All money derived under the provisions of this chapter shall be deposited in the general fund.
(b) Each member of the board is entitled to receive per diem and travel expenses as authorized by law for other boards and commissions.
(c) The board may make expenditures from appropriated funds for any purpose that is reasonably necessary for the proper performance of its duties under this chapter. This may include the expenses of the board delegates to meetings of councils of architect examiners, engineering examiners, land surveyor examiners, or landscape architect examiners, or any of their subdivisions. The total amount of disbursements issued in payment of the expenses incurred under this chapter may not exceed the amount of money appropriated by the legislature.