reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 63 - Forensic Alcohol Testing › 13 AAC 63.070 - Breath test supervisor certification and duties

Current through May 31, 2024
(a) To be certified
				as a breath test supervisor, an applicant must
(1) complete a 22-hour supervisor training
				course approved by the scientific director; the course must include instruction
				in the theory of alcohol physiology, pharmacology, toxicology, instrument
				function, instrument maintenance, practical operation, administrative
				procedures, legal considerations, and other pertinent subjects as required by
				the scientific director;
(2)
				possess a valid instructor's certificate issued by the Alaska Police Standards
				Council under
				13 AAC 87.040; and
(3) obtain a score of 75 percent or higher on
				a written examination, approved by the scientific director, covering the
				content of the training course.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 63 - Forensic Alcohol Testing › 13 AAC 63.080 - Breath test supervisor recertification

Current through May 31, 2024
(a) To renew a
				breath test supervisor's certification, a supervisor must, during the period of
				the supervisor's current certification,
(1)
				complete a refresher course approved by the scientific director that includes
				at least 15 hours of instruction and training; and
(2) obtain a score of 75 percent or higher on
				a written examination, approved by the scientific director, covering the
				content of the refresher course.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 63 - Forensic Alcohol Testing › 13 AAC 63.090 - Denial or revocation of certificate

Current through May 31, 2024
(a) The scientific
				director will, in his or her discretion, deny or revoke the certificate of a
				breath test operator or a supervisor if the scientific director determines that
				the operator or supervisor has repeatedly failed to follow approved procedures,
				has engaged in conduct detrimental to the reputation or integrity of the breath
				test program, or is otherwise unfit to perform his or her duties. An operator
				or supervisor whose certificate has been denied or revoked is not eligible to
				apply for a certificate until one year after the date of the denial or
				revocation, or until some other time designated by the scientific
				director.
(b) An operator or
				supervisor may appeal the denial or revocation of a certificate by submitting
				to the commissioner, within 15 days after receipt of notice of the scientific
				director's decision, a written appeal and request for a hearing. The appellant
				must state the factual and legal basis for the appeal.
(c) The commissioner will review the appeal
				and, within 20 days after receipt, advise the appellant of acceptance or
				rejection of the appeal. If the appeal is rejected, the commissioner will state
				the reason for the rejection.
(d)
				If the commissioner determines that there is reason to believe that the denial
				or revocation of the certificate was an abuse of discretion, the commissioner
				will appoint a hearing officer and will schedule a hearing for the earliest
				practicable time, but not later than 30 days after the commissioner's
				decision.
(e) The hearing officer
				shall submit a recording of the hearing, a summary of oral testimony, copies of
				any written testimony, and a written recommendation to the commissioner. The
				commissioner will make the final decision on the appeal.
Authority:
AS
					 28.05.011
AS
					 28.35.033(d)
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 63 - Forensic Alcohol Testing › 13 AAC 63.100 - Breath test instrument calibration and certification

Current through May 31, 2024
(a) Before an
				individual breath test instrument is certified for use in the state, the
				correct calibration of the instrument must be verified. The verification shall
				be performed by the scientific director or by a qualified person designated by
				the scientific director. The scientific director shall maintain a record of
				each verification of calibration of each instrument certified for use in the
				state.
(b) The calibration of a
				breath test instrument must be performed by the scientific director or by a
				qualified person designated by the scientific director.
(c) At intervals not to exceed 60 days, the
				accuracy of the calibration of a breath test instrument must be verified. The
				verification of calibration must be performed by the scientific director or by
				a qualified person designated by the scientific director. A written report of
				the verification of calibration shall be made by the person who performed that
				verification. That report shall be submitted to the scientific director, if the
				scientific director did not prepare it. Upon receipt of the written report or
				after preparing the written report, and if the report verifies that the
				calibration of the breath test instrument is accurate, the scientific director
				shall issue a certification for the breath test instrument. The certification
				is valid for 60 days after the day the verification of calibration was
				performed. The scientific director may require verification of calibration of a
				breath test instrument at more frequent intervals.
(d) The scientific director or a qualified
				person designated by the scientific director may inspect a breath test at any
				time.
(e) The scientific director
				may deny or withdraw a breath test instrument certification if the scientific
				director finds that
(1) an operator of that
				breath test instrument has not met the requirements of this chapter for
				certification or recertification as a breath test operator or supervisor;
				or
(2) the requirements of this
				chapter for the operation and maintenance of that breath test instrument have
				not been followed.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 63 - Forensic Alcohol Testing › 13 AAC 63.110 - Collection and handling of blood samples

Current through May 31, 2024
The following procedures must be followed to collect and
				  retain a blood sample collected under
				  AS
				  28.35.033 or
				  28.35.035:
(1) the blood sample must be collected by a
				physician, nurse, laboratory technician, or other qualified person;
(2) the blood sample must be collected by
				medically acceptable means as soon as feasible after an alleged offense, using
				a clean hypodermic needle and syringe, or other appropriate collection
				device;
(3) if feasible, sufficient
				blood should be collected to permit duplicate determinations;
(4) the blood sample must be deposited into a
				clean container; if feasible, the blood should be mixed with an anticoagulant
				and a fluoride preservative;
(5) if
				feasible, a sample of blood awaiting analysis should be stored in a
				refrigerator except for periods of time required for transportation;
(6) the identity and integrity of a sample
				must be maintained from the time of collection through analysis and
				reporting.
Authority:
AS
					 28.05.011
AS
					 28.35.033(d)
AS
					 28.35.035
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 63 - Forensic Alcohol Testing › 13 AAC 63.120 - Methods of blood alcohol analysis

Current through May 31, 2024
(a) Analysis of a
				blood sample collected under
				AS
				28.35.033 or
				28.35.035 must be performed in a
				laboratory setting using one of the following generally accepted techniques:
(1) a titration method;
(2) an enzymatic method;
(3) gas chromatographic analysis;
(4) mass spectrophotometeric
				analysis.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 63 - Forensic Alcohol Testing › 13 AAC 63.130 - Validity of prior approval and certificates

Current through May 31, 2024
(a) A certificate
				issued to a breath test operator or supervisor under 7 AAC 30.005 - 7 AAC
				30.190 remains valid until its expiration date.
(b) Breath test instruments, associated
				equipment, and training courses approved under 7 AAC 30.005 - 7 AAC 30.190
				remain approved under
				13 AAC 63.010 -
				13 AAC 63.900 unless the
				scientific director orders otherwise.
Authority:
AS
					 28.05.011
AS
					 28.35.033(d)
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 63 - Forensic Alcohol Testing › 13 AAC 63.900 - Definitions

Current through May 31, 2024
As used in this chapter,
(1) "commissioner" means the commissioner of
				the Department of Public Safety;
(2) "alcohol" means the unique class of
				chemical compounds known as ethyl alcohol;
(3) "concentration" means the weight amount
				of alcohol contained in a unit volume;
(4) "identification number" means the
				identification number assigned by the scientific director to a certified breath
				test operator or supervisor;
(5)
				"supervisor" means a person certified as a breath test supervisor under
				13 AAC 63.070;
(6) "visual display" means the electronic
				screen on the face of a breath test instrument;
(7) "scientific director" means the person
				designated by the commissioner under
				13 AAC 63.010(a)
				to serve as the scientific director of the breath and blood alcohol testing
				program.
Authority:
AS
					 28.05.011
AS
					 28.35.033
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 65 - Appearance › 13 AAC 65.010 - Appearance standards

Current through May 31, 2024
(a) All officers on duty shall wear uniforms
				or other clothing in accordance with established department procedures. Brass,
				belts, shoes, uniform shirts and pants, and equipment must be clean and cared
				for properly.
(b) Except when
				acting under proper and specific orders from a superior officer, officers on
				duty shall maintain a neat, well-groomed appearance and shall maintain their
				hair according to the following standards:
(1)
				natural hair must be clean, neat, and combed; hair must not extend below the
				top of the shirt collar at the back of the neck when standing with the head in
				a normal posture; the bulk or length of the hair must not interfere with the
				normal wearing of all standard headgear;
(2) wigs or hairpieces may be worn if they
				conform to the above standards for natural hair;
(3) sideburns must be neatly trimmed and may
				not extend below a line drawn from the bottom of the ear to the bottom of the
				nose; sideburns may not exceed one and one half inches in width;
(4) officers must be clean shaven; however, a
				moustache may be worn if it does not extend below the upper lip nor more than
				one-half inch beyond the corners of the mouth.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.005 - Purpose and scope of civilian process server regulations

Current through May 31, 2024
In accordance with AS 22.20, it is the duty of the
					 commissioner of public safety to provide for the proper service of process
					 issued by the supreme court and all lower state courts. The supreme court, in
					 Rule 11(b) of the Rules of Administration, Rules 4(c)(3) and 45 of the Rules of
					 Civil Procedure, and Rule 17 of the Rules of Criminal Procedure, has
					 specifically provided that process may be served by private persons appointed
					 or designated by the commissioner. A civilian process server is a private
					 person who, by virtue of holding a license issued under this chapter, may serve
					 process under
					 AS
					 22.20.120. The provisions of
					 13 AAC 67.010 -
					 13 AAC 67.990 address the
					 application and licensing requirements, disciplinary guidelines, and standards
					 of professional conduct that the commissioner finds are necessary to assure
					 that the civilian service of process is done in accordance with the rules of
					 the supreme court and in a manner that protects the public.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.010 - License requirement

Current through May 31, 2024
Except as otherwise provided in Supreme Court civil,
					 criminal, and administrative rules, a person may not serve process unless that
					 person is licensed by the department in accordance with this
					 chapter.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.020 - Process server qualifications

Current through May 31, 2024
(a) To qualify for
				  a process server license a person must
(1) be
				  a United States citizen or an alien lawfully admitted for permanent
				  residency;
(2) have resided in the
				  state for at least 30 days immediately preceding the date of
				  application;
(3) be at least 21
				  years of age;
(4) be free from any
				  mental or emotional disorder that may adversely affect performance as a process
				  server;
(5) be of good moral
				  character as defined in this chapter;
(6) have a valid Alaska business license,
				  issued under AS 43.70;
(7) have a
				  valid municipal business license if required;
(8) have passed the process server
				  examination required under
				  13 AAC 67.100.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.030 - Process server application and supporting documents

Current through May 31, 2024
(a) An application
				  for a process server license must be submitted to the department on a form
				  provided by the department printed legibly or typewritten. An application must
				  include the following information about the applicant:
(1) full name;
(2) business name;
(3) residence address;
(4) residence telephone number;
(5) residence mail address;
(6) business location;
(7) business telephone number;
(8) business mail address;
(9) sex;
(10) height and weight;
(11) hair and eye color;
(12) date of birth;
(13) Alaska driver's license number and
				  expiration date, or an identification card number issued by the
				  department;
(14) statement of
				  citizenship;
(15) criminal arrest
				  and conviction record;
(16)
				  employment history for the five years immediately preceding the date of
				  application;
(17) the name of at
				  least three persons, at least one of whom is a resident of the state, who can
				  attest to the applicant's good character; and
(18) the name and address of all business
				  affiliations of the applicant or the applicant's spouse.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.040 - Incomplete and abandoned applications

Current through May 31, 2024
(a) An application
				  is incomplete if it does not include all of the information, signatures,
				  notarizations, and supporting documents required in
				  13 AAC 67.030.
(b) If an incomplete application is received
				  by the department, or an application is made on an obsolete form, the
				  department will return the application and all supporting documents to the
				  applicant. If the applicant completes the application process within one year
				  of the date of the initial application, a new application fee is not
				  required.
(c) In the absence of
				  special circumstances, the department will consider an application abandoned if
				  the applicant fails to appear for examination at the time fixed without first
				  obtaining a postponement, or the applicant, after two postponements, fails to
				  appear for examination at the time fixed. An abandoned application is denied
				  without prejudice.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.050 - Department review of applications

Current through May 31, 2024
(a) The department
				  will, in its discretion, conduct a background investigation of an applicant for
				  a license to determine if the applicant possesses the qualifications set out in
				  13 AAC 67.020.
(b) If the department has reason to believe
				  that an applicant has a past or present mental or emotional condition that
				  could adversely affect the applicant's performance as a process server, the
				  department will, in its discretion, condition approval of the application on
				  receipt of a report from a licensed psychiatrist or psychologist indicating
				  that the applicant is currently free from such a condition.
(c) The information in a process server's
				  application and license file is confidential and available only for use by the
				  department in carrying out the requirements of this chapter or for review by an
				  applicant or licensee as provided in this section. An applicant or licensee may
				  review all documents relating to the applicant or licensee except for
(1) information supplied to the department
				  with the understanding that the information or the source of the information
				  would remain confidential; and
(2)
				  examination documents required to be kept confidential under
				  13 AAC 67.160.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.060 - Denial of license

Current through May 31, 2024
The department will, in its discretion, deny an application
					 if the person is found to be unqualified for a license. If a person's
					 application for a license is denied, the department will notify the applicant
					 of the applicant's right to a hearing under
					 13 AAC 67.290.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.070 - Process server license

Current through May 31, 2024
(a) After an applicant has passed the
				  examination required in
				  13 AAC 67.100, the department has
				  completed any background investigation it deemed necessary, and the department
				  has approved the application, the department will issue a license to the
				  applicant in the form of an identification card. A process server license
				  remains the property of the state.
(b) A license is effective on the date it is
				  issued by the department. A license may not be issued with an effective date
				  earlier than the date it is issued by the department. A license expires two
				  years after its date of issue.
(c)
				  A process server may not allow another person to use or possess the process
				  server's license.
(d) A process
				  server shall carry the license when serving process and shall, upon request,
				  display the license to the person making the request.
(e) A person whose license as a process
				  server has been expired for less than one year may reinstate the license by
(1) applying on a form provided by the
				  department; and
(2) paying the
				  application fee required in
				  13 AAC 67.030.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 1 - Civilian Process Server Application and Licensing Requirements › 13 AAC 67.080 - Application for renewal of process server license

Current through May 31, 2024
An application for the renewal of a process server license
					 must
(1) be made on the forms provided
				  by the department;
(2) contain a
				  complete list of all business names under which the applicant has worked during
				  the concluding license period;
(3)
				  be received by the department at least 30 days before the date of expiration,
				  so that the application for renewal can be processed before the license
				  expires; and
(4) be accompanied by
				  a non-refundable application fee of $25.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 2 - Examination Procedures › 13 AAC 67.100 - Examination content

Current through May 31, 2024
(a) The department will examine each
				  applicant for a process server license to determine the applicant's knowledge
				  of service of process and familiarity with the applicable portions of the
				  Alaska Administrative Code, the Alaska Statutes, the Supreme Court rules of
				  civil and criminal procedure, and Supreme Court rules of
				  administration.
(b) The examination
				  is a written examination prepared by the department.
(c) The examination consists of the following
				  subjects:
(1) general knowledge of service of
				  process;
(2) receipt, preparation,
				  service, and return of process, and fees for process, originating in the state,
				  including a civil subpoena, civil summons, civil show cause order, civil
				  temporary restraining order, civil preliminary injunction, civil prejudgment
				  attachment, and civil execution;
(3) receipt, preparation, service, and return
				  of process, and fees for process, originating outside the state, including a
				  civil subpoena, civil summons, civil show cause order, civil temporary
				  restraining order, and civil preliminary injunction; and
(4) standards for professional conduct as
				  established in 13 AAC 67.180.220.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 2 - Examination Procedures › 13 AAC 67.110 - Time and place of examination

Current through May 31, 2024
(a) An applicant
				  must submit a completed application form and the application fee to the
				  department before an examination will be scheduled. An applicant may then
				  schedule an examination at any department office designated by the commissioner
				  as a place for examination.
(b)
				  Following the receipt of a scheduling request, the department will notify the
				  applicant of the time and place of the examination at least 10 days before the
				  examination.
(c) The department
				  will, in its discretion, grant up to two postponements to an applicant who, for
				  reasonable cause, is prevented from appearing for the examination at the time
				  fixed. A request for postponement must be received by the office administering
				  the examination no later than one day before the day the examination was
				  scheduled.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 2 - Examination Procedures › 13 AAC 67.120 - Conduct during examination

Current through May 31, 2024
(a) An applicant
				  may not have any papers or objects on the examination table other than those
				  permitted by the proctor.
(b) The
				  department will provide an examination answer sheet upon which the applicant
				  will write applicant's name and the date of the examination. An applicant may
				  not write on or in any other way deface the examination booklet. Writing on or
				  defacing an examination booklet will result in automatic failure of the
				  examination.
(c) While the
				  examination is in progress, the applicant may not leave the examination room
				  for any reason unless accompanied by the proctor.
(d) Communicating with any person other than
				  the proctor during the examination will result in automatic failure of the
				  examination.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 2 - Examination Procedures › 13 AAC 67.140 - Scores and reexamination

Current through May 31, 2024
(a) A raw score of
				  at least 80 percent is required to pass the examination.
(b) An applicant who fails to attain the
				  required passing score must wait 10 days before submitting a scheduling request
				  under 13 AAC 67.110.
(c) Upon the applicant's written request, the
				  department will, in its discretion, waive the 10-day waiting period required in
				  (b) of this section for an applicant who
(1)
				  can demonstrate good cause for granting such a waiver; and
(2) complies with all other applicable
				  provisions of this chapter.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 2 - Examination Procedures › 13 AAC 67.150 - Reconsideration of examination

Current through May 31, 2024
Upon the applicant's written request, the department will,
					 in its discretion, reconsider an applicant's examination results if the
					 applicant can show good cause for reconsideration. Reconsideration may include
					 rescoring the examination or reevaluating the methods used in scoring the
					 examination.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 2 - Examination Procedures › 13 AAC 67.160 - Examination review

Current through May 31, 2024
(a) All examination papers are the property
				  of the department and will not be returned to the applicant. An applicant's
				  examination answer sheets are preserved in the applicant's file and may be
				  inspected by an applicant except during the seven days immediately preceding
				  the day the applicant is scheduled to retake an examination. While reviewing an
				  examination, an applicant may not make copies or take written notes of any
				  kind.
(b) An applicant may obtain
				  information concerning the types of items failed.
(c) The written examination booklet is not
				  open for inspection by an applicant until after the examination booklet is no
				  longer used for testing, and then only in the presence of the commissioner or
				  the commissioner's designee. Specific examination questions currently in use
				  may only be inspected as authorized by the commissioner.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 3 - Standards of Professional Conduct › 13 AAC 67.180 - Professional conduct

Current through May 31, 2024
A process server shall
(1) act with complete integrity in
				  professional matters concerning the service of process;
(2) be completely truthful in all
				  professional reports, statements, or testimony, and not make misleading,
				  deceptive, or untrue statements in the course of serving process;
(3) notify his or her employer, client, or
				  appropriate authority of any circumstance in which the safekeeping of process
				  or property is in jeopardy, including a situation where the process server's
				  professional judgment is overruled by the process server's employer;
(4) not engage in the practice of law, give
				  legal advice, or otherwise act in a manner that a reasonable person would
				  interpret as engaging in the practice of law;
(5) not knowingly associate with or permit
				  the use of the process server's name or firm name by a person or firm that the
				  process server knows or has reason to believe is engaging in a business or
				  professional practice in a fraudulent or dishonest manner;
(6) inform the department if the process
				  server has knowledge or to believe that another person or firm is in violation
				  of a regulation in this chapter, and cooperate with the department by
				  furnishing all further information or assistance required;
(7) adhere to all applicable state and
				  municipal laws, rules of court, and department directives concerning the
				  service of process, and not knowingly serve process in violation of those laws,
				  rules, or directives;
(8) make
				  every reasonable effort to provide professional services in a complete and
				  efficient manner so as not to delay a court action.
(9) not serve process if the process server
				  suffers from any mental or emotional condition that may adversely affect his or
				  her performance as a process server.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 3 - Standards of Professional Conduct › 13 AAC 67.190 - Conflict of interest

Current through May 31, 2024
(a) A process server shall
(1) attempt to avoid all conflicts of
				  interest with the process server's employer or client;
(2) promptly inform the employer or client of
				  any business association, interest, or circumstance that could influence the
				  process server's judgment or quality of service to the employer or
				  client;
(3) not accept financial or
				  other compensation from more than one party to a court action for services in
				  that action.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 3 - Standards of Professional Conduct › 13 AAC 67.200 - Reassignment of process and returns to court

Current through May 31, 2024
(a) A process
				  server may not reassign process to another process server unless that person is
				  within the process server's own firm. Process that the process server cannot
				  serve because of a conflict of interest or because of location must be returned
				  to the clerk of the court for reassignment to another process server. If
				  process is returned to the clerk of the court within 48 hours, no return of
				  service is required.
(b) A process
				  server who conducts a sale of personal or real property as a part of serving
				  process shall transmit all money received to the court and may not withhold
				  process server fees.
(c) When
				  serving a levy for the collection of money on a third party, the process server
				  shall serve the third party with a Notice of Levy By a Court Writ and advise
				  the third party that all checks must be made payable to the clerk of
				  court.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 3 - Standards of Professional Conduct › 13 AAC 67.210 - Designation; advertising

Current through May 31, 2024
(a) A process
				  server may not use
(1) any corporate name,
				  including initials, that projects the image of a public law enforcement
				  agency;
(2) the terminology
				  "police" or "officer of the court" to identify the process server; or
(3) the words "federal," "state," "U.S.,"
				  "United States," "Alaska," or the name or initials of any specific court, city,
				  borough, municipality, or governmental agency in a manner that suggests an
				  official connection with any governmental entity, except to say the process
				  server is licensed by the state.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 3 - Standards of Professional Conduct › 13 AAC 67.220 - Fees; fee agreements

Current through May 31, 2024
(a) A fee charged by a process server must be
				  reasonable. The department will, in its discretion, review the fees charged by
				  a process server and will determine if those fees are reasonable by considering
(1) the maximum amount that can be recovered
				  by a party as costs under Supreme Court Rule of Administration (11)(a) for the
				  designated service;
(2) the time
				  and labor required;
(3) the time
				  limitations imposed by the person requesting service; and
(4) any special circumstances presented by
				  the person who requested service.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 4 - Disciplinary Guidelines › 13 AAC 67.240 - Suspension and revocation of license

Current through May 31, 2024
(a) The department
				  will, in its discretion, suspend a license when it determines, following an
				  investigation, that the process server
(1)
				  lacks the ability, knowledge, skill, or professional judgment to perform the
				  professional duties of a process server as required by AS 22.20, this chapter,
				  rules of court, or department procedures;
(2) failed to perform the duties and
				  responsibilities of a process server as required by AS 22.20, this chapter,
				  rules of court, or department procedures, but that failure is not a cause for
				  revocation under (b) of this section;
(3) failed to notify the department of a
				  change of name, address, or telephone number as required by
				  13 AAC 67.910; or
(4) failed to comply with the fee
				  requirements of
				  13 AAC 67.220.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 4 - Disciplinary Guidelines › 13 AAC 67.250 - Period of suspension or revocation

Current through May 31, 2024
(a) The department
				  will, in its discretion, suspend a process server license under
				  13 AAC 67.240(a)
				  for a minimum of 30 days for a first offense and up to a maximum of six months
				  for a second offense;
(b) A person
				  whose process server's license has been revoked under
				  13 AAC 67.240(b)
				  may not reapply for a new license
(1) for one
				  year from the date the previous license was revoked for conduct described in
				  13 AAC 67.240(b) (8), (b)(9), (b)(10), (b)(11), or (b)(12);
(2) for five years from the date the previous
				  license was revoked for conduct described in
				  13 AAC 67.240(b) (4), (b)(5), (b)(6), or (b)(7);
(3) if the previous license was revoked for
				  conduct described in
				  13 AAC 67.240(b) (2) or (b)(3).
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 4 - Disciplinary Guidelines › 13 AAC 67.260 - Reexamination

Current through May 31, 2024
The department will, in its discretion and for good cause,
					 require a licensed process server to retake the examination required in
					 13 AAC 67.100. A process server's
					 failure to retake the examination will result in suspension of the license
					 until the written examination is successfully completed. The department will
					 give at least 10 days notice to the licensee before requiring the
					 examination.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 5 - Administrative Hearings › 13 AAC 67.280 - Applicability of Administrative Procedure Act

Current through May 31, 2024
Except as otherwise provided in
					 13 AAC 67.280 -
					 13 AAC 67.310, the provisions of
					 the AS 44.62 (Administrative Procedure Act), not including
					 AS
					 44.62.550, apply to all actions taken under
					 this chapter.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 5 - Administrative Hearings › 13 AAC 67.290 - Administrative hearings

Current through May 31, 2024
(a) Except as
				  provided in (b) of this section the department will give notice and provide an
				  opportunity for an administrative hearing before suspending, or revoking, a
				  license.
(b) If it is reasonably
				  necessary to protect the health and safety of the public or to ensure the
				  safekeeping of property, the department will, in its discretion, suspend or
				  revoke a license before giving notice and providing an opportunity for a
				  hearing. The department will provide an opportunity for a hearing following a
				  license suspension or revocation under this subsection.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 5 - Administrative Hearings › 13 AAC 67.300 - Appointment of hearing officer

Current through May 31, 2024
The commissioner will assign a qualified, unbiased, and
					 impartial hearing officer to conduct a hearing under this chapter. The hearing
					 officer may not
(1) have participated
				  in making the decision that will be reviewed at the hearing; or
(2) be an immediate supervisor or subordinate
				  of the person who made the decision that will be reviewed at the
				  hearing.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 5 - Administrative Hearings › 13 AAC 67.310 - Accusation

Current through May 31, 2024
To initiate a hearing to determine whether a license should
					 be suspended or revoked, the department or an interested person must file an
					 accusation. The accusation must conform to the requirements of
					 AS
					 44.62.360.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 6 - State Employees as Process Servers › 13 AAC 67.330 - Scope of limited licenses

Current through May 31, 2024
The commissioner will, in the commissioner's discretion,
					 issue a limited process server license to a state employee if
(1) serving process is a necessary part of
				  that employee's duties as a state employee; and
(2) doing so will result in substantial
				  savings in travel costs of a state agency.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 6 - State Employees as Process Servers › 13 AAC 67.340 - State employee qualifications

Current through May 31, 2024
A state employee may not be issued a limited process server
					 license unless the employee
(1) meets
				  the qualifications set out in
				  13 AAC 67.020(a) (1) - (a)(5) and
				  13 AAC 67.020(b) (1); and
(2) successfully completes process service
				  training provided by the department.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 6 - State Employees as Process Servers › 13 AAC 67.350 - Limited license application and supporting documents

Current through May 31, 2024
(a) A state
				  employee must complete an application for a limited process server license on a
				  form provided by the department.
(b) Except for an employee of the department,
				  an applicant for a limited license must include the following items with the
				  application form:
(1) two sets of
				  classifiable fingerprints on a Federal Bureau of Investigation Applicant Card
				  (FD-258);
(2) a money order for $43
				  payable to the department for fingerprint processing; and
(3) proof of notice to the state Department
				  of Administration, division of risk management, that the employee has applied
				  for a limited process server license.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 6 - State Employees as Process Servers › 13 AAC 67.360 - Denial of limited license

Current through May 31, 2024
The department will, in its discretion, deny an application
					 for a limited process server license if the employee is found to be unqualified
					 for a license under this chapter.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 6 - State Employees as Process Servers › 13 AAC 67.370 - Limited process server license

Current through May 31, 2024
(a) After a state
				  employee has successfully completed the training required in
				  13 AAC 67.340, the department has
				  completed any background investigation deemed necessary, and the department has
				  approved the application, the department will issue a limited license to the
				  state employee in the form of an identification card. A limited process server
				  license remains the property of the state.
(b) A limited license is effective on the
				  date it is issued by the department. A limited license may not be issued with
				  an effective date earlier than the date it is issued, by the
				  department.
(c) A limited license
				  expires when the employee terminates employment with the department on behalf
				  of which the employee was licensed. A limited licensee who transfers to another
				  department must apply for a new limited license.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 6 - State Employees as Process Servers › 13 AAC 67.380 - Provisions applicable to limited license

Current through May 31, 2024
The following provisions apply to a state employee holding
					 a limited license:
					 13 AAC 67.070(c)
					 - (d); 13 AAC 67.070(g);
					 13 AAC 67.080;
					 13 AAC 67.180 -
					 13 AAC 67.310;
					 13 AAC 67.900 -
					 13 AAC 67.910, and
					 13 AAC 67.930.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 7 - General Provisions › 13 AAC 67.900 - Address and telephone number

Current through May 31, 2024
The latest mailing address and telephone number on file for
					 an active or lapsed process server is the address the department will use for
					 official communications, notifications, and service of legal
					 process.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 7 - General Provisions › 13 AAC 67.910 - Information to be provided to department

Current through May 31, 2024
(a) If a process
				  server changes the name, address, or telephone number under which the process
				  server is licensed to do business, the process server shall immediately notify
				  the department in writing of the new name, address, or telephone
				  number.
(b) If a process server
				  will be unavailable to serve process for more than seven calendar days, the
				  process server shall notify the department in writing of the dates the process
				  server will be unavailable to serve process.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 7 - General Provisions › 13 AAC 67.920 - Bond requirements

Current through May 31, 2024
(a) Except as provided in (c) and (d) of this
				  section, an applicant for a process server license shall file with the
				  department a surety bond evidencing liability coverage for fraud,
				  misappropriation or commingling of funds, abuse of process, and malicious
				  prosecution in the minimum amount of $15,000. The bond must provide that it may
				  not be canceled unless 30 days' notice of cancellation is given to the
				  department.
(b) The surety shall
				  file with the department a power of attorney designating its attorney in fact
				  for execution of the bond;
(c) If a
				  process serving firm employs four to seven process servers, the process serving
				  firm may provide a single surety bond that covers each of those process
				  servers, provided that the bond is in the minimum amount of $60,000. A
				  certificate of the bond must be filed with each employee's application for
				  licensure.
(d) If a process serving
				  firm employs eight or more process servers, the process serving firm may
				  provide a single surety bond that covers each of those process servers,
				  provided that the bond is in the minimum amount of $100,000. A certificate of
				  the bond must be filed with each employee's application for license.
(e) If a process server is removed from
				  coverage by a firm's bond, the firm shall immediately notify the department in
				  writing.
(f) If a process server is
				  not eligible to be covered by a firm's bond or is terminated due to a violation
				  that is a cause for license revocation, this information must be included in
				  the notification submitted under (e) of this section.
(g) A process server who is no longer covered
				  by a firm's bond or by the process server's own bond shall return his or her
				  process server license to the department immediately upon termination of
				  coverage. The license will be returned to the process server if the process
				  server submits proof of obtaining the required bond and meets all other
				  eligibility requirements. If a process server fails to submit proof of a new
				  bond within 90 days of the date the process server's previous bond was
				  terminated, the license will be revoked.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 7 - General Provisions › 13 AAC 67.930 - Recordkeeping

Current through May 31, 2024
(a) A process server shall maintain
				  up-to-date records of all process that identify the
(1) type of document received;
(2) date the document was received;
(3) disposition of the process;
(4) date the process was returned;
				  and
(5) all fees collected and
				  disbursed.
Alaska Administrative Code › Title 13 - Public Safety › Part 3 - Office of the Commissioner › Chapter 67 - Civilian Process Servers › Article 7 - General Provisions › 13 AAC 67.940 - Roster

Current through May 31, 2024
The department will prepare on a regular basis a roster of
					 all licensed servers.
Authority:
AS
						22.20.100
AS 22.20.110
AS
						22.20.120