reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1820 - Rules of evidence

Current through May 31, 2024
(a) Oral evidence may be taken only upon oath
				or affirmation.
(b) Alaska Rules of
				Evidence apply except when the hearing officer determines that their application
				is not required in order to assure fair treatment of the applicant or other party
				and that the evidence offered is relevant and of the sort on which responsible
				persons are accustomed to rely in the conduct of serious matters.
(c) The applicant or other party and the
				hearing officer may
(1) call and examine
				witnesses;
(2) introduce
				exhibits;
(3) cross-examine opposing
				witnesses on matters relevant to the issues even though the matter was not
				covered in the direct examination. If the applicant or other party does not
				testify, he may be called and examined by the hearing officer.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1825 - Prehearing conferences, orders, subpoenas, depositions, and documents

Current through May 31, 2024
(a) The
				hearing officer may issue orders and schedule prehearing conferences requiring
				the attendance of parties in order to establish procedures for discovery and
				briefing, simplify the issues, discuss settlement, and otherwise facilitate
				resolution of a proceeding.
(b) Upon
				the hearing officer's own motion or upon request of an applicant or other party
				for good cause shown, the hearing officer may issue subpoenas and subpoenas duces
				tecum to compel production of testimony or other evidence.
(c) The hearing officer may order that the
				testimony of a material witness be taken by deposition.
(d) Unless good cause is shown or unless
				otherwise ordered by the hearing officer, depositions and other documents
				intended to be used at hearing must be filed with the hearing officer at least 14
				days before the scheduled hearing.
Authority:
AS
					 16.43.100(b)
AS 16.43.110
AS
					 16.43.120(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1830 - Continuances and waivers

Current through May 31, 2024
For good cause shown or at the hearing officer's discretion, a
				  hearing officer may order the continuance of a hearing or the waiver of a
				  procedural requirement of
				  20 AAC 05.1800 -
				  20 AAC 05.1870.
Authority:
AS
					 16.43.100(b)
AS 16.43.110
AS
					 16.43.120(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1835 - Default

Current through May 31, 2024
If an applicant or other party fails to appear at an oral
				  hearing, the hearing officer or commissioners, unless good cause is shown, may
				  act upon the evidence of record without notice to the applicant or other party.
				  Good cause will be found only for unexpected, unforeseen, and unavoidable
				  circumstances which arise within two working days before the date and time set
				  for the hearing and which cause a party to be unable to attend the scheduled
				  hearing. For circumstances which arise more than two working days before the
				  scheduled hearing, a continuance must be sought and obtained by the applicant or
				  other party before the date of the scheduled hearing, or the applicant will be
				  found to be in default.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.120(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1840 - Hearing officer decisions

Current through May 31, 2024
(a) The hearing
				officer shall issue a written decision containing findings and conclusions, and
				the reasons or basis for them, on all material issues of fact, law, or discretion
				presented on the record. The written decision must also set out an appropriate
				order resolving those issues.
(b) A
				hearing officer's decision becomes effective if
(1) the commission adopts the hearing officer's
				decision as a final commission decision; and
(2) within the 60-day period after the hearing
				officer's decision is hand-delivered or mailed to the applicant or other party,
				the applicant or other party does not file a petition for administrative review
				under 20 AAC 05.1845.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1845 - Administrative review

Current through May 31, 2024
(a) An applicant or other party may file a
				petition for administrative review, by the commission, of a decision by a hearing
				officer, within the 60-day period set out in
				20 AAC 05.1840(b) (2). The commission
				will, in its discretion, and on its own motion, order administrative review of
				any written decision issued by a hearing officer if the commission has not yet
				adopted that decision. If the petitioner fails to act within the 60-day period, a
				late petition will be accepted only upon good cause shown.
(b) A petition for administrative review
				submitted by a petitioner must be in writing and must contain the following:
(1) a statement setting out the reasons that
				the decision should be changed;
(2) a
				listing of those findings of fact or interpretations of regulations or statutes
				that the petitioner believes to be in error;
(3) a statement as to whether a written or oral
				presentation before the commissioners is desired;
(4) a showing of the reasons why an oral
				presentation is necessary if it is desired;
(5) a request to supplement the record of the
				proceedings if desired;
(6) a summary
				of any new documentary evidence or testimony that is sought to be added to the
				record; and
(7) an explanation as to
				why the new documentary evidence or testimony was not made a part of the record
				earlier.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1850 - Reconsideration

Current through May 31, 2024
(a) The commission will, in its discretion,
				order a reconsideration of its decision on its own motion within 30 days of a
				final commission decision.
(b) An
				applicant or other party may file a petition for reconsideration of a final
				commission decision within 30 days after the date of the decision. The petition
				for reconsideration by the applicant or other party must specify the grounds upon
				which the petitioner believes the decision to be erroneous. The commission will
				grant reconsideration only if the commission determines that a question of law,
				fact, or discretion exists that might lead the commission to modify or reverse
				its final decision. If the petition for reconsideration is not granted within 30
				days after the receipt of the petition, it is denied.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.120
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1860 - Representation

Current through May 31, 2024
(a) An applicant may represent himself before
				the commission or may file a written authorization for another person to
				represent him before the commission.
(b) A former employee of the commission may not
				represent an individual before the commission in connection with a matter
				involving that individual if the former employee participated personally and
				substantially in the matter while an employee of the commission.
(c) A representative may not
(1) use testimony or evidence which he knows or
				should know to be perjured or false;
(2) make a statement of fact or law which he
				knows or should know to be false;
(3)
				participate in the creation or preservation of evidence when he knows or should
				know that the evidence is false;
(4)
				counsel, assist, or participate with the person he represents in conduct that the
				representative knows or should know to be illegal or fraudulent; or
(5) otherwise conduct himself in an unethical
				or unprofessional manner.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1865 - Investigations

Current through May 31, 2024
(a) The commission will conduct investigations
				for the purpose of determining compliance with AS 16.43 and regulations adopted
				by the commission. The scope of investigation is limited to information and
				material reasonably related to carrying out that purpose. Investigations will be
				conducted in conformity with state and federal laws.
(b) The commission will issue any subpoenas or
				subpoenas duces tecum necessary to compel production of testimony or evidence
				reasonably related to the purpose of an investigation.
(c) Based on the findings and recommendation of
				the investigator, the commission may initiate a show cause proceeding under
				AS
				16.43.960 or a fee arrearage collection under
				20 AAC 05.1805(b) (2).
Authority:
AS
					 16.43.100
AS
					 16.43.110
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1870 - Show cause proceedings

Current through May 31, 2024
(a) A show cause proceeding under
				AS
				16.43.960 is subject to the provisions of
				20 AAC 05.1800 -
				20 AAC 05.1865 except as specified in
				AS
				16.43.960 and this section.
(b) A show cause proceeding under
				AS
				16.43.960 may be initiated by a commissioner or
				the commission's designee. A show cause proceeding is initiated by the issuance
				of a notice to show cause as set forth in
				AS
				16.43.960.
(c) A notice to show cause must be served upon
				the respondent personally, or by certified or registered mail at least 60 days in
				advance of the date of hearing.
(d) A
				respondent must file a response to the notice to show cause with the hearing
				officer within 30 days after the date of the notice to show cause. In the
				response, the respondent must admit or deny each of the allegations contained in
				the notice to show cause and, for each allegation denied, must set out a short
				and plain statement of the respondent's basis for denial. If the respondent is
				without knowledge or information sufficient to form a belief as to the truth of
				an allegation, the respondent may so state; the statement has the effect of
				denying the allegation. Failure to deny an allegation constitutes an admission of
				the allegation.
(e) Unless otherwise
				ordered by the hearing officer, any defense, objection, or request that is
				capable of determination before hearing, may be raised before hearing by motion,
				but the following must be raised in writing and filed with the hearing officer at
				least 30 days before a prehearing conference or, if no prehearing conference is
				scheduled, 30 days before the hearing:
(1) a
				defense or objection based on a defect in the institution of the
				proceeding;
(2) a defense or
				objection based on a defect in the notice to show cause;
(3) a request to suppress or exclude
				evidence;
(4) a request to sever or
				join allegations or respondents;
(5)
				a request for discovery, issuance of a subpoena, or taking of a
				deposition;
(6) a request for change
				of venue.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1900 - Communications

Current through May 31, 2024
(a) All correspondence with the commission
				should be addressed to the commission at its principal office.
(b) A written communication to the commission,
				except a notice of intent to permanently transfer an entry permit, is officially
				submitted to, filed with, and received by the commission when postmarked, or
				delivered to the commission's office, a commission employee, or agent designated
				by the commission. A notice of intent to permanently transfer an entry permit is
				submitted to, filed with, and received by the commission only when it is
				delivered to the commission's office, a commission employee, or agent designated
				by the commission.
(c) No
				correspondence signed by an individual staff member or commissioner shall be
				deemed to state an official determination or decision by the commission unless
				the signature is preceded by the recital "By Direction of the Commercial
				Fisheries Entry Commission." The presence of this recital constitutes presumptive
				evidence that the signatory has been delegated authority to state the
				commission's action in the particular matter.
Authority:
AS
					 16.43.100(b)
AS
					 16.43.110(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1910 - Remittances and charges

Current through May 31, 2024
(a) A remittance
				shall be by authorized credit card, or by money order, bank draft or check
				payable to the Commercial Fisheries Entry Commission. Remittances in coin or
				currency will be sent at the risk of the loss of money sent in that
				manner.
(b) Repealed
				12/29/2000.
(c) The commission will
				charge for the costs it incurs in furnishing copies of any printed, typed, or
				computer-generated material in its possession. For a request regarding
				computer-generated material, the request will not be processed until payment of
				the copying charge is received by the commission. Charges for copies under this
				subsection are as follows:
CLICK TO VIEW
				  TABLE
(d) A $10
				user fee is established for the following services rendered at field offices
				staffed by Commercial Fisheries Entry Commission employees to provide the public
				with an alternative to obtaining licenses by mail from commission headquarters:
(1) embossing of a limited entry or interim-use
				permit card if obtained by original issuance, annual renewal, permanent or
				emergency transfer, or replacement of a lost or damaged card;
(2) issuance of a vessel license owner's
				receipt card if obtained by original issuance, annual renewal, change of vessel
				ownership, replacement of a lost or damaged vessel license receipt card, or
				registration for salmon net area or hand/power trolling.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1920 - Permit files

Current through May 31, 2024
The commission will maintain a file of interim-use permit and
				  entry permit information. The file will contain information pertaining to, but
				  not limited to, the following:
(1)
				issuance of the permit to the named applicant;
(2) annual renewal of the permit;
(3) any assessment;
(4) payment of any assessment;
(5) forfeiture of the permit;
(6) application for temporary transfer of the
				permit;
(7) temporary or emergency
				transfer of the permit to the named person;
(8) notice of intent to transfer the
				permit;
(9) revocation of notice of
				intent to transfer the permit;
(10)
				application for transfer of the permit;
(11) withdrawal of application for transfer of
				the permit;
(12) reissuance of the
				permit to named person.
Authority:
AS
					 16.43.100(b)
AS
					 16.43.110(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1930 - Confidential records and information

Current through May 31, 2024
(a) Except as
				provided in (b) and (c) of this section, the books, records, papers, files, and
				writings of the commission are public records and are open to inspection by the
				public during regular office hours.
(b) The following information is confidential
				and shall not be open to inspection by the public unless waived by the
				appropriate party:
(1) communications relating
				to personnel matters and medical or other personal information which, under
				governing personnel practices of the State of Alaska, are not public
				information;
(2) information and data
				relating to the commission's budget and legislative proposals prior to the time
				they are acted upon by the governor and the legislature;
(3) communications between legal counsel and
				the commission or its staff, regarding matters requiring confidential legal
				advice or assistance;
(4) reports
				concerning the landings of fish, shellfish, or fishery products; annual
				statistical reports of buyers and processors required by regulation of the
				Department of Fish and Game; data obtained from research conducted by the
				Commercial Fisheries Entry Commission in establishing maximum and optimum
				numbers; and information derived from those reports and that data, except when
				presented in a manner that prevents the identification of particular reports,
				data or persons;
(5) copies of state
				and federal income tax returns provided by an applicant for an interim-use permit
				or entry permit, other statements relating to personal income by such an
				applicant, information relating to specific monetary transactions between an
				applicant or permit holder and the commission, and information derived from such
				reports and statements except information presented in a manner that prevents the
				identification of particular reports or persons;
(6) transfer information surveys and written
				transfer agreements or written statements of oral transfer agreements required in
				support of a request for transfer of an entry permit;
(7) information filed by a permit holder
				concerning the person designated to receive the permit holder's permit in the
				event of his or her death.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1935 - Requirements for releasing confidential information on fishery landings

Current through May 31, 2024
(a) A
				person who requests from the commission confidential information about the
				person's own fishery landings shall make the request on a form provided by the
				commission for this purpose. The commission will make the request form available
				at its office and on its web site.
(b) A person who requests that the commission
				release to another person confidential information about the requesting person's
				fishery landings shall make the request on a form provided by the commission for
				this purpose. The commission will make the request form available at its office
				and on its web site.
(c) The person
				requesting the release of information under (b) of this section shall indicate on
				the form the time period that the person authorizes the commission to release the
				information that is not less than 30 days and not more than 365 days from the
				date that the person requesting release of the information signs the
				form.
(d) The person requesting
				release of the information shall complete the form described in (a) or (b) of
				this section in its entirety. When submitting the form in person, the person
				shall produce government-issued photo identification for inspection by commission
				employees. If the form is being submitted by mail, the person shall first have
				the form notarized. If the form is being sent by electronic imaging, the person
				shall first have the form notarized, and after transmission, shall mail the
				original form to the commission. The commission will not release information
				under this section until it possesses the original, completed request
				form.
Copies of the release forms described in
					 20 AAC 05.1935 can be found at the Commercial Fisheries
					 Entry Commission web site at www.cfec.state. ak.us. In addition, copies of the
					 release forms may be obtained from Commercial Fisheries Entry Commission, 8800
					 Glacier Hwy., Suite 109, P.O. Box 110302, Juneau, AK
					 99811-0302.
Authority:
AS
					 16.43.110
AS
					 16.43.975
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1940 - Designation of salmon net gear permits by area

Current through May 31, 2024
(a) A person who
				holds salmon net gear permits for more than one administrative area or his
				authorized agent shall designate upon a form provided by the commission, the
				single area in which he desires to salmon net fish in that year, as required by
				5 AAC 39.115, adopted by the Alaska Board of Fisheries.
				The area so designated must be an area for which the person holds a valid salmon
				net permit.
(b) A person who held a
				single salmon net gear permit and used the permit for salmon net fishing, and
				subsequently acquired an additional salmon net gear permit in the same calendar
				year, is considered to have designated under (a) of this section the
				administrative area in which the person used the single permit.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.140
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1942 - Redesignation of salmon net gear permits by area

Current through May 31, 2024
(a) A person who
				holds salmon net permits in more than one administrative area, and has designated
				an area of intended fishing as provided in
				20 AAC 05.1940 may, before using the permit in the salmon
				net fishery designated, redesignate the area in which the person intends to
				fish.
(b) Redesignation, as provided
				in (a) of this section, may occur only once each calendar year, unless this
				limitation is waived by the Department of Fish and Game for good cause.
(c) A person desiring to redesignate the area
				of intended salmon net fishing as provided in (a) of this section shall submit to
				the commission
(1) any salmon net permit cards
				issued by the commission for that year;
(2) a writing indicating the area of intended
				redesignation which is dated and signed by the permit holder or the permit
				holder's authorized agent as provided in
				20 AAC 05.1960; and
(3) the appropriate permit renewal fees for the
				permit corresponding to the redesignated area, if not previously renewed for that
				year.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1944 - Issuance of permit cards for designated salmon net area

Current through May 31, 2024
(a) A person who
				holds salmon net permits in more than one administrative area may annually renew
				all permits so held.
(b) A person who
				holds salmon net permits in more than one administrative area, and who has
				designated the area of intended salmon net fishing as provided in
				20 AAC 05.1940 or
				20 AAC 05.1942, will be issued a permit card only for the
				designated salmon net area.
Authority:
AS
					 16.43.100
AS
					 16.43.140
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1946 - Issuance of permit cards for salmon fisheries under AS 16.43.140 (c)(5)

Current through May 31, 2024
A person who holds two entry permits for the same salmon
				  fishery
(1) shall annually renew both
				entry permits;
(2) will be issued
				only one permit card, except that a second permit card will be issued if
				additional fishing opportunities are authorized for that salmon fishery by the
				Board of Fisheries under
				AS
				16.05.251(i); and
(3) may not
(A) engage in fishing with the second entry
				permit unless additional fishing opportunities have been authorized for that
				salmon fishery under
				AS
				16.05.251(i); or
(B) emergency transfer the second entry permit
				to another person unless additional fishing opportunities have been authorized
				for that salmon fishery under
				AS
				16.05.251(i) or the person can
				show an intent to permanently transfer the permit that cannot presently be
				fulfilled in spite of substantial, good faith efforts to do so; or
(C) emergency transfer both permits unless
				additional fishing opportunities have been authorized for that salmon fishery
				under AS
				16.05.251(i) and the permits
				are emergency transferred to the same individual.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1950 - Area registration of salmon net fishing vessel

Current through May 31, 2024
(a) Except for those
				vessels exempted under
				AS
				16.05.495, the owner of a vessel used to take
				salmon with net gear, or an agent authorized in accordance with
				20 AAC 05.1960, shall complete the area registration
				required by 5 AAC 39.120.
(b) The single area in which the vessel will
				harvest salmon with net gear must be designated on the vessel license application
				or renewal form in the space provided by the commission or on a Commercial Vessel
				Salmon Net Area Registration form. The CFEC permit number of the salmon net
				fishing permit(s) being fished on the vessel must be designated on the vessel
				license application or renewal form in the space provided by the commission or on
				a Commercial Vessel Salmon Net Area Registration form.
(c) A fishing vessel that has been registered
				for an area of intended salmon net operation will be issued a vessel license
				receipt card for that year indicating the area, and a vessel license area tab for
				the single area designated. The vessel license area tab will remain valid in
				subsequent years for which the vessel is licensed and registered for the same
				area.
(d) The vessel license area tab
				is part of the vessel license and must be affixed to the ADF&G number plate
				at all times of vessel operation. No vessel owner or operator may possess for a
				vessel, and no vessel may display, more than one vessel license area
				tab.
Effective 6/18/86, Register 98,
					 20 AAC 05.1950 contains the substance of former
					 20 AAC 05.1954, the repeal of which took effect on that
					 date. The history note for
					 20 AAC 05.1950 does not include the history of the repealed
					 section.
Authority:
AS
					 16.05.450(b)
AS 16.05.530
AS 16.43.100
AS
					 16.43.110
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1952 - Area reregistration of salmon net fishing vessel

Current through May 31, 2024
(a) If the owner of a
				salmon net fishing vessel, or his or her authorized agent, desires to reregister
				the vessel for a different salmon net registration area as provided in
				5 AAC 39.120, he or she will be issued a new vessel
				license area tab for the area of registration and a new vessel license receipt
				card displaying that area, upon receipt by the commission of
(1) a properly completed Commercial Vessel
				Salmon Net Area Registration form supplied by the commission, and
(2) any vessel license area tabs and receipt
				cards previously issued to the vessel by the commission for that year, and either
(A) a written certification or personal
				affidavit stating that the vessel has not been used for salmon net fishing in the
				original area of registration, or
(B)
				an authorization from the commissioner of the Department of Fish and Game, or the
				commissioner's designee stating that the vessel has been lost through sinking,
				destruction, or extensive mechanical breakdown, or that the vessel operator has
				suffered serious injury, sickness, or death during open season.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1954 - Issuance of vessel license area tab (Repealed)

Current through May 31, 2024
The substance of repealed
					 20 AAC 05.1954 is contained in
					 20 AAC 05.1950, effective 6/18/86, Register
					 98.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1958 - Vessel license

Current through May 31, 2024
(a) A commercial fishing vessel license issued
				by the commission will include a tab designating the years to be fished; and a
				receipt card designating the vessel, owner, and any other information that the
				commission considers necessary. If appropriate an ADF&G number plate will be
				issued with the license. In the case of a salmon net fishing vessel, an area tab
				designating the registration area code for the area to be fished will be included
				with the license.
(b) The number
				plate, year tab, and area tab must be permanently affixed to the vessel for
				display unless waived by the commission for good cause.
(c) The receipt card must be available for
				inspection aboard the vessel at all times of vessel operation.
(d) A person applying for or renewing a vessel
				license who needs to fish immediately, and has not yet renewed, applied for, or
				paid the current year fees for a vessel license, may instead apply using the
				Application for Immediate Fishing form provided by the commission. The
				application form may be used for fishing only if the form has been submitted to
				the commission through commission staff or an agent of the commission who has
				certified the form is complete by signing it. The signed application form may be
				used for fishing for no more than the 14 days immediately following the date that
				the form is signed by commission staff or an agent of the commission, unless
				extended by the commission. In addition to the total annual fee for the permits
				and vessel licenses being renewed or applied for, a processing fee of $80 must be
				submitted with the application. The commission may waive the processing fee for
(1) an applicant who qualifies for the reduced
				permit fee in accordance with
				20 AAC 05.245; or
(2) good cause shown.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1959 - Notification of damage, loss, or theft

Current through May 31, 2024
The replacement of a commercial fishing vessel license,
				  including the metal ADF&G number plate, year tab, area tab and receipt card,
				  because of damage, loss, or theft, is governed by the procedures of
				  20 AAC 05.570.
Authority:
AS
					 16.05.450(b)
AS 16.43.100
AS
					 16.43.110(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1960 - Power of authorized agent

Current through May 31, 2024
(a) By submitting to
				the commission all properly completed forms required, together with the
				appropriate fees, an authorized agent may renew an entry permit, renew an
				interim-use permit, renew a vessel entry permit, renew a vessel interim-use
				permit, make initial application for an interim-use permit, and apply for or
				renew a vessel license on behalf of the principal represented by the
				agent.
(b) Unless waived by the
				commission for good cause, the power of the authorized agent must appear in a
				dated writing signed by the principal.
(c) Writings sufficient to confer
				representative power upon the agent include, but are not limited to
(1) power of attorney;
(2) letters testamentary;
(3) letters of guardianship;
(4) personal affidavit in a summary
				administrative proceeding; or
(5)
				marriage certificate.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1965 - Notice regarding false statements

Current through May 31, 2024
Forms provided by the commission will, in the commission's
				  discretion, bear notice that a false statement knowingly made to the commission
				  constitutes the crime of unsworn falsification under
				  AS
				  11.56.210 and the person making the false
				  statement is subject to criminal penalties. The commission will, in its
				  discretion, require an affidavit or other relevant evidence in support of
				  statements made.
Authority:
AS
					 11.56.210
AS
					 16.43.100(b)
AS
					 16.43.110(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1972 - Appeal of conviction

Current through May 31, 2024
Unless otherwise ordered by a court, an appeal of a conviction
				  for violating a commercial fishing law shall not prevent the commission from
				  assessing points or suspending commercial salmon fishing privileges under
				  AS
				  16.43.850 -
				  AS
				  16.43.860, or from suspending commercial
				  fishing privileges or revoking a commercial fishing permit under
				  AS
				  16.43.970. If the conviction is overturned on
				  appeal, the commission will repeal points, restore commercial fishing privileges,
				  and reissue commercial fishing permits, as appropriate.
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.120
AS 16.43.850
AS
					 16.43.970
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1985 - Time of permit renewal and vessel license application

Current through May 31, 2024
(a) Subject to the
				limitations of
				20 AAC 05.100,
				20 AAC 05.110,
				20 AAC 05.130 and
				20 AAC 05.560, permits may be renewed and vessel licenses
				applied for at any time after the appropriate forms are made available by the
				commission. The date of permit or vessel license issuance or renewal is the date
				upon which the commission verifies that the application or renewal form is
				complete and accompanied by the appropriate fees.
(b) The commission will issue a permit card or
				vessel license only upon the filing of a permit renewal or vessel license
				application form substantially completed together with the appropriate fees,
				except as waived by the commission for good cause shown.
Authority:
AS
					 16.05.450(b)
AS 16.43.100
AS
					 16.43.110(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1990 - Appraised value

Current through May 31, 2024
(a) The commission will determine appraised
				values of entry permits on a monthly basis to carry out the purposes of
				AS
				16.10.333-16.10.339 and
				AS
				44.81.230-44.81.250. Requests for interim
				reevaluation of appraised values will not be considered except from the
				Department of Commerce, Community, and Economic Development or the Alaska
				Commercial Fishing and Agricultural Bank.
(b) Appraised values will be based upon the
				best information available to the commission as compiled from the Request for
				Permanent Transfer of Entry Permit forms which are completed by all transferors
				and proposed transferees and from other sources the commission considers
				appropriate.
As of Register 171 (October 2004), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6) to reflect the
					 name change of the Department of Community and Economic Development to the
					 Department of Commerce, Community, and Economic Development made by ch. 47, SLA
					 2004 and the corresponding title change of the commissioner of community and
					 economic development.
Authority:
AS
					 16.10.339
AS
					 16.43.170
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 1 - Professional Standards › 20 AAC 10.020 - Code of ethics and teaching standards

Current through May 31, 2024
(a) The following
				code of ethical standards governs individual holding a teaching, teaching,
				administrative, or special services certificate issued under 4 AAC 12, an
				individual authorized as a student teacher under
				4 AAC 30.020, and all other members of the teaching
				profession. A violation of this section is grounds for discipline as provided in
				AS
				14.20.030.
(b) In fulfilling obligations to students, an
				educator
(1) repealed 10/25/2000;
(2) may not deliberately distort, suppress, or
				deny access to curricular materials or educational information in order to
				promote the personal view, interest, or goal of the educator;
(3) shall make reasonable effort to protect
				students from conditions harmful to learning or to health and safety;
(4) may not engage in
(A) physical abuse of a student or sexual
				conduct with a student and shall report to the commission knowledge of such an
				act by an educator; or
(B) sexual
				conduct with former student whom the educator taught, supervised, or experienced
				authority over including in coaching or OH school sponsored activity; the
				restrictions against sexual conduct in this subparagraph apply to an educator for
				one year after the student has graduated from or ceased to attend high school and
				an educator shall report to commission knowledge of such an act by an educator;
(5) may not expose a
				student to unnecessary embarrassment or disparagement;
(6) may not harass, discriminate against, or
				grant a discriminatory advantage to a student on the grounds of race, color,
				creed, sex, national origin, marital status, political or religious beliefs,
				physical or mental conditions, family, social, or cultural background, gender
				identification or sexual orientation; shall make reasonable effort to assure that
				a student is protected from harassment or discrimination on these grounds; and
				may not engage in a course of conduct that would encourage a reasonable student
				to develop a prejudice on these grounds;
(7) may not use professional relationships with
				students for private advantage or gain;
(8) shall keep in confidence information that
				has been obtained in the course of providing professional service, unless
				disclosure serves a compelling professional purpose or is required by
				law;
(9) shall accord just and
				equitable treatment to all students as they exercise their educational rights and
				responsibilities.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 1 - Professional Standards › 20 AAC 10.030 - Distribution of handbook (Repealed)

Current through May 31, 2024
Effective 7/22/89, Register 111, the substance of repealed
					 20 AAC 10.030 is contained in
					 20 AAC 10.310.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 1 - Professional Standards › 20 AAC 10.035 - Moral turpitude

Current through May 31, 2024
For the purposes of
				  AS
				  14.20.030(a)(2),
(1) "moral turpitude" means conduct that is
				wrong in itself even if no statute were to prohibit the conduct; and
(2) "a crime involving moral turpitude"
				includes
(A) homicide;
(B) manslaughter;
(C) assault;
(D) stalking;
(E) kidnapping;
(F) sexual assault;
(G) sexual abuse of a minor;
(H) unlawful exploitation of a minor;
(I) robbery;
(J) extortion;
(K) coercion;
(L) theft;
(M) burglary;
(N) arson;
(O) criminal mischief;
(P) forgery;
(Q) criminal impersonation;
(R) bribery;
(S) perjury;
(T) unsworn falsification;
(U) interference with official
				proceedings;
(V) witness
				tampering;
(W) jury
				tampering;
(X) terroristic
				threatening;
(Y) possession or
				distribution of child pornography;
(Z) unlawful distribution or possession for
				distribution of a controlled substance;
(AA) unlawfully furnishing alcohol to a
				minor;
(BB) felony possession of a
				controlled substance.
(CC) unlawfully
				furnishing marijuana or products containing marijuana to a minor.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 1 - Professional Standards › 20 AAC 10.040 - Commission records

Current through May 31, 2024
(a) Records of the commission are open for
				public inspection and copying, with the following exceptions:
(1) a document required by law or court order
				to be sealed or otherwise kept confidential;
(2) personnel files;
(3) investigative files, except that the
				documents that have been presented as evidence or filed in an administrative
				adjudicative proceeding are no longer confidential under this
				paragraph.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 3 - Complaints and Investigations › 20 AAC 10.200 - Complaints

Current through May 31, 2024
(a) An individual having knowledge of an
				alleged act by an educator, that would be grounds for discipline by the
				commission under
				AS
				14.20.030, may file a complaint with the
				commission. The complaint must be in writing and signed by the complainant, and
				must contain
(1) the name, mailing address, and
				contact telephone number of the individual making the complaint;
(2) the name of and school or location of the
				educator against whom the complaint is made;
(3) a statement of the facts of the alleged
				misconduct, including the time and place of the misconduct;
(4) the specific statute or regulation alleged
				to have been violated, if known; and
(5) any documentation that is relevant to the
				facts alleged and that is available to the complainant.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 3 - Complaints and Investigations › 20 AAC 10.210 - Complaint processing

Current through May 31, 2024
(a) Upon receipt of a complaint, the commission
				staff shall determine whether the complaint sets out facts that, if true, would
				constitute a basis under AS 14.20 upon which the commission could impose a
				sanction on the educator. If the commission staff determines that a complaint is
				not sufficient upon its face, the staff shall dismiss the complaint without
				investigation.
(b) Unless the alleged
				act would be grounds for discipline under
				AS
				14.20.030, the staff may not investigate school
				district personnel actions, including hiring, evaluation, transfer, reassignment,
				or dismissal of staff, or curriculum actions.
(c) The commission staff may decline to accept
				a complaint until locally available remedies have been pursued.
(d) Before completing an investigation, the
				staff shall provide the respondent with an opportunity to respond to the
				complaint.
(e) After beginning an
				investigation the staff may
(1) file an
				accusation requesting discipline under
				AS
				14.20.030;
(2) negotiate with the educator for an
				agreement, to bring before the commission for approval, for the imposition of
				discipline; or
(3) dismiss the
				complaint.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 3 - Complaints and Investigations › 20 AAC 10.220 - Review of decision to dismiss complaint

Current through May 31, 2024
A complainant may request an administrative review of the
				  staff's decision to dismiss the complaint by filing a written request for review
				  with the commission within 15 days after receipt of notice under 20 AAC 210(f).
				  The review shall be conducted by a panel of not less than three commission
				  members appointed by the chair. The review of the staff's decision shall be
				  limited to the written record and materials used by the staff in the
				  determination to dismiss the complaint. The decision of the panel is the final
				  decision of the commission.
Authority:
AS
					 14.20.460
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 3 - Complaints and Investigations › 20 AAC 10.230 - Warning or reprimand hearing

Current through May 31, 2024
A proceeding in which only a warning or reprimand is sought
				  will be heard by a panel of not less than three commission members appointed by
				  the chair.
Authority:
AS
					 14.20.460
AS
					 14.20.470
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 4 - General Provisions › 20 AAC 10.300 - Publication of commission action

Current through May 31, 2024
(a) A warning is a
				public record of the commission, but the commission will not initiate public
				dissemination of the document.
(b)
				The commission staff shall send a copy of the commission's decision and order to
				impose sanctions greater than a warning to the following:
(1) the chief school administrator in the
				district in which the respondent is employed;
(2) the school board president in the school
				district in which the respondent is employed;
(3) the certification section of the Department
				of Education and Early Development for placement in the respondent's
				file;
(4) the national clearinghouse
				that maintains records of professional discipline against teaching
				professionals.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 10 - Professional Teaching Practices Commission › Article 4 - General Provisions › 20 AAC 10.310 - Distribution of handbook

Current through May 31, 2024
Copies of the Alaska State Professional Teaching Practices
				  Commission's
Handbook for Alaska Educators
shall be conspicuously
				  displayed, and available, at every education institution in the state whose
				  employees are members of the teaching profession under
				  AS
				  14.20.370.
Copies of the handbook mentioned in
					 20 AAC 10.310 are available from the Professional Teaching
					 Practices Commission, 334 W. 3rd Avenue, Suite 127, Anchorage, Alaska
					 99501.
Before 7/22/89, Register 111, the substance of
					 20 AAC 10.310 was contained in former
					 20 AAC 10.030. The history note for
					 20 AAC 10.310 reflects the history of the repealed
					 20 AAC 10.030.
Authority:
AS
					 14.20.460
AS
					 14.20.470