Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 9 - Suspension and Revocation › 15 AAC 160.886 - Renewal of a permit, license, or registration

Current through May 31, 2024
(a) The department
				may deny an application for renewal of a permit, license, or registration on
				the same grounds for which the permit, license, or registration could be
				revoked or suspended under AS 05.15 or this chapter.
(b) If it appears to the department that a
				permittee, licensee, or registered vendor may not be in compliance with the
				requirements of AS 05.15 or this chapter for the year preceding the year for
				which a renewal of a permit, license, or registration is or may be sought, the
				department may require that an applicant or prospective applicant submit
				supplemental information before the department acts on any renewal
				application.
(c) The department
				shall use the following procedures before denying an application for renewal of
				a permit, license, or registration:
(1) the
				department will send the permittee, licensee, or registered vendor a written
				notice of intent to deny the application for renewal; the notice must state the
				grounds for denial and cite the evidence on which the department relied to
				reach this conclusion;
(2) the
				department will provide copies of all documentary evidence on which it relied
				in reaching its determination;
(3)
				the notice of intent to deny renewal must provide a period of time for the
				permittee, licensee, or registered vendor to respond to the department's
				reasons for denial; the time allowed must be not less than five days nor more
				than 20 days from the day the permittee, licensee, or registered vendor
				receives the notice; the permittee, licensee, or registered vendor may submit
				evidence to the department as part of its response;
(4) if the permittee, licensee, or registered
				vendor does not file a response to the notice of intent to deny renewal, the
				denial becomes effective on the later of January 1 of the year for which
				renewal is sought or the expiration of any temporary permit or license issued
				to the applicant;
(5) if the
				permittee, licensee, or registered vendor files a response to the department's
				notice of intent to deny renewal, the department will provide for a review of
				the allegations, evidence, and response by an appeals officer in the tax
				division of the department who did not participate in the preparation of the
				original notice; the appeals officer will issue a written decision that either
				affirms or overrules the denial; the appeals officer may affirm for the reasons
				expressed in the original denial or for any reason supported by the record; if
				the record does not support a conclusion that the permittee, licensee, or
				registered vendor violated AS 05.15 or this chapter as alleged, or if the
				appeals officer determines that denial of renewal is not warranted, the appeals
				officer shall overrule the denial; if affirmed, the denial becomes effective on
				the later of January 1 of the year for which renewal is sought or the
				expiration of any temporary permit or license issued to the
				applicant;
(6) regardless of
				whether the permittee, licensee, or registered vendor files a response to the
				notice of intent to deny renewal, the permittee, licensee, or registered vendor
				has 15 days from the date the denial becomes effective to appeal the denial to
				a formal hearing under
				15 AAC 160.910; notwithstanding
				the filing of an appeal, the permittee, licensee, or registered vendor may not
				engage in an activity requiring a permit, license, or registration beyond the
				effective date of the department's action unless the denial has been
				administratively or judicially stayed.