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Title 08. Business And Professions


Published: 2015

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TITLE 08. BUSINESS AND PROFESSIONS
Chapter 08.01. CENTRALIZED LICENSING

Sec. 08.01.010. APPLICABILITY OF CHAPTER.

This chapter applies to the

 (1) Board of Public Accountancy (AS 08.04.010 );

 (2) State Board of Registration for Architects, Engineers and Land Surveyors (AS 08.48.011 );

 (3) Athletic Commission (AS 05.05 and AS 05.10);

 (4) Board of Barbers and Hairdressers (AS 08.13.010 );

 (5) Big Game Commercial Services Board (AS 08.54.300 );

 (6) Board of Certified Direct-Entry Midwives (AS 08.65.010 );

 (7) Board of Certified Real Estate Appraisers (AS 08.87.010 );

 (8) Board of Chiropractic Examiners (AS 08.20.010 );

 (9) Board of Clinical Social Work Examiners (AS 08.95.010 );

 (10) Board of Dental Examiners (AS 08.36.010 );

 (11) Board of Dispensing Opticians (AS 08.71.010 );

 (12) Repealed, Sec. 37 ch 101 SLA 1994.

 (13) Board of Marine Pilots (AS 08.62.010 );

 (14) Board of Marital and Family Therapy (AS 08.63.010 );

 (15) Repealed, Sec. 37 ch 101 SLA 1994.

 (16) State Medical Board (AS 08.64.010 );

 (17) Board of Nursing (AS 08.68.010 );

 (18) Board of Nursing Home Administrators (AS 08.70.010 );

 (19) Board of Examiners in Optometry (AS 08.72.010 );

 (20) Board of Pharmacy (AS 08.80.010 );

 (21) State Physical Therapy and Occupational Therapy Board (AS 08.84.010);

 (22) Board of Psychologist and Psychological Associate Examiners (AS 08.86.010);

 (23) Real Estate Commission (AS 08.88.011 );

 (24) Board of Veterinary Examiners (AS 08.98.010 );

 (25) regulation of acupuncturists under AS 08.06;

 (26) regulation of audiologists under AS 08.11;

 (27) regulation of business licenses under AS 43.70;

 (28) regulation of collection agencies under AS 08.24;

 (29) regulation of concert promoters under AS 08.92;

 (30) regulation of construction contractors under AS 08.18;

 (31) regulation of electrical and mechanical administrators under AS 08.40;

 (32) regulation of professional geologists under AS 08.02.011 ;

 (33) regulation of hearing aid dealers under AS 08.55;

 (34) regulation of morticians under AS 08.42;

 (35) regulation of the practice of naturopathy under AS 08.45.

Sec. 08.01.020. BOARD ORGANIZATION.

Board members are appointed by the governor and serve at the pleasure of the governor. Unless otherwise provided, the governor may designate the chair of a board, and all other officers shall be elected by the board members. Unless otherwise provided, officers of a board are the chair and the secretary. A board may provide by regulation that three or more unexcused absences from meetings are cause for removal.

Sec. 08.01.025. PUBLIC MEMBERS.

A public member of a board may not:

 (1) be engaged in the occupation that the board regulates;

 (2) be associated by legal contract with a member of the occupation that the board regulates except as a consumer of the services provided by a practitioner of the occupation; or

 (3) have a direct financial interest in the occupation that the board regulates.

Sec. 08.01.030. QUORUM.

A majority of the membership of a board constitutes a quorum unless otherwise provided.

Sec. 08.01.035. APPOINTMENTS AND TERMS.

Members of boards subject to this chapter are appointed for staggered terms of four years. A member of a board serves until a successor is appointed. An appointment to fill a vacancy on a board is for the remainder of the unexpired term. A member who has served all or part of two successive terms on a board may not be reappointed to that board unless four years have elapsed since the person has last served on the board.

Sec. 08.01.040. TRANSPORTATION AND PER DIEM.

A board member is entitled to transportation expenses and per diem as set out in AS 39.20.180 .

Sec. 08.01.050. ADMINISTRATIVE DUTIES OF DEPARTMENT.

 (a) The department shall perform the following administrative and budgetary services when appropriate:

 (1) collect and record fees;

 (2) maintain records and files;

 (3) issue and receive application forms;

 (4) notify applicants of acceptance or rejection as determined by the board or as determined by the department under AS 08.06 for acupuncturists, under AS 08.11 for audiologists, under AS 08.18 for contractors, under AS 08.40 for electrical and mechanical administrators, under AS 08.45 for naturopaths, or under AS 08.55 for hearing aid dealers;

 (5) designate dates examinations are to be held and notify applicants;

 (6) publish notice of examinations and proceedings;

 (7) arrange space for holding examinations and proceedings;

 (8) notify applicants of results of examinations;

 (9) issue licenses or temporary licenses as authorized by the board or as authorized by the department under AS 08.06 for acupuncturists, under AS 08.11 for audiologists, under AS 08.18 for contractors, under AS 08.40 for electrical and mechanical administrators, under AS 08.45 for naturopaths, or under AS 08.55 for hearing aid dealers;

 (10) issue duplicate licenses upon submission of a written request by the licensee attesting to loss of or the failure to receive the original and payment by the licensee of a fee established by regulation adopted by the department;

 (11) notify licensees of renewal dates at least 30 days before the expiration date of their licenses;

 (12) compile and maintain a current register of licensees;

 (13) answer routine inquiries;

 (14) maintain files relating to individual licensees;

 (15) arrange for printing and advertising;

 (16) purchase supplies;

 (17) employ additional help when needed;

 (18) perform other services that may be requested by the board;

 (19) provide inspection, enforcement, and investigative services to the boards and for the occupations listed in AS 08.01.010 , regarding all licenses issued by or through the department;

 (20) retain and safeguard the official seal of a board and prepare, sign, and affix a board seal, as appropriate, for licenses approved by a board;

 (21) issue business licenses under AS 43.70.

 (b) The form and content of a license, authorized by a board listed in AS 08.01.010 , including any document evidencing renewal of a license, shall be determined by the department after consultation with and consideration of the views of the board concerned.

 (c) Repealed, Sec. 49 ch 94 SLA 1987.

 (d) At the request of one of the following boards, the department may contract with public agencies and private professional organizations to provide assistance and treatment to persons licensed by the board who abuse alcohol, other drugs, or other substances:

 (1) Board of Clinical Social Work Examiners;

 (2) Board of Dental Examiners;

 (3) Board of Dispensing Opticians;

 (4) State Medical Board;

 (5) Board of Nursing;

 (6) Board of Examiners in Optometry;

 (7) Board of Pharmacy;

 (8) State Physical Therapy and Occupational Therapy Board;

 (9) Board of Psychologist and Psychological Associate Examiners; and

 (10) Board of Veterinary Examiners.

Sec. 08.01.060. APPLICATION FOR LICENSE.

All applications for examination or licensing to engage in the business or profession covered by this chapter shall be made in writing to the department.

Sec. 08.01.065. ESTABLISHMENT OF FEES.

 (a) Except for business licenses, the department shall adopt regulations that establish the amount and manner of payment of application fees, examination fees, license fees, registration fees, permit fees, investigation fees, and all other fees as appropriate for the occupations covered by this chapter.

 (b) Repealed, Sec. 4 ch 34 SLA 1992.

 (c) The department shall establish fee levels under (a) of this section so that the total amount of fees collected for an occupation approximately equals the actual regulatory costs for the occupation. The department shall annually review each fee level to determine whether the regulatory costs of each occupation are approximately equal to fee collections related to that occupation. If the review indicates that an occupation's fee collections and regulatory costs are not approximately equal, the department shall calculate fee adjustments and adopt regulations under (a) of this section to implement the adjustments. In January of each year, the department shall report on all fee levels and revisions for the previous year under this subsection to the office of management and budget. If a board regulates an occupation covered by this chapter, the department shall consider the board's recommendations concerning the occupation's fee levels and regulatory costs before revising fee schedules to comply with this subsection. In this subsection, "regulatory costs" means costs of the department that are attributable to regulation of an occupation plus

 (1) all expenses of the board that regulates the occupation if the board regulates only one occupation;

 (2) the expenses of a board that are attributable to the occupation if the board regulates more than one occupation.

 (d) The license fee for a business license is set by AS 43.70.030 (a). The department shall adopt regulations that establish the manner of payment of the license fee.

 (e) Repealed, Sec. 28 ch 90 SLA 1991.

Sec. 08.01.070. ADMINISTRATIVE DUTIES OF BOARDS.

Each board shall perform the following duties in addition to those provided in its respective law:

 (1) take minutes and records of all proceedings;

 (2) hold a minimum of one meeting each year;

 (3) hold at least one examination each year;

 (4) request, through the department, investigation of violations of its laws and regulations;

 (5) prepare and grade board examinations;

 (6) set minimum qualifications for applicants for examination and license;

 (7) forward a draft of the minutes of proceedings to the department within 20 days after the proceedings;

 (8) forward results of board examinations to the department within 20 days after the examination is given;

 (9) notify the department of meeting dates and agenda items at least 15 days before meetings and other proceedings are held;

 (10) submit before the end of the fiscal year an annual performance report to the department stating the board's accomplishments, activities, and needs.

Sec. 08.01.075. DISCIPLINARY POWERS OF BOARDS.

 (a) A board may take the following disciplinary actions, singly or in combination:

 (1) permanently revoke a license;

 (2) suspend a license for a specified period;

 (3) censure or reprimand a licensee;

 (4) impose limitations or conditions on the professional practice of a licensee;

 (5) require a licensee to submit to peer review;

 (6) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;

 (7) impose probation requiring a licensee to report regularly to the board on matters related to the grounds for probation;

 (8) impose a civil fine not to exceed $5,000.

 (b) A board may withdraw probationary status if the deficiencies that required the sanction are remedied.

 (c) A board may summarily suspend a licensee from the practice of the profession before a final hearing is held or during an appeal if the board finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing before the board to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the board on an appeal of a summary suspension to a court of competent jurisdiction.

 (d) A board may reinstate a suspended or revoked license if, after a hearing, the board finds that the applicant is able to practice the profession with skill and safety.

 (e) A board may accept the voluntary surrender of a license. A license may not be returned unless the board determines that the licensee is competent to resume practice and the licensee pays the appropriate renewal fee.

 (f) A board shall seek consistency in the application of disciplinary sanctions. A board shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.

Sec. 08.01.080. DEPARTMENT REGULATIONS.

The department shall adopt regulations to carry out the purposes of this chapter including but not limited to describing

 (1) how an examination is to be conducted;

 (2) what is contained in application forms;

 (3) how a person applies for an examination or license.

Sec. 08.01.087. INVESTIGATIVE AND ENFORCEMENT POWERS OF DEPARTMENT.

 (a) The department may, upon its own motion, conduct investigations

 (1) to determine whether a person has violated a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010 ; or

 (2) to secure information useful in the administration of this chapter.

 (b) If it appears to the commissioner that a person has engaged in or is about to engage in an act or practice in violation of a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010 , the commissioner may, if the commissioner considers it in the public interest, and after notification of a proposed order or action by telephone, telegraph, or facsimile to all board members, if a board regulates the act or practice involved, unless a majority of the members of the board object within 10 days,

 (1) issue an order directing the person to stop the act or practice; however, reasonable notice of and an opportunity for a hearing must first be given to the person, except that the commissioner may issue a temporary order before a hearing is held; a temporary order remains in effect until a final order affirming, modifying, or reversing the temporary order is issued or until 15 days after the person receives the notice and has not requested a hearing by that time; a temporary order becomes final if the person to whom the notice is addressed does not request a hearing within 15 days after receiving the notice; the commissioner or the commissioner's designee shall be the hearing officer at the hearing and shall issue a final order within 10 days after the hearing;

 (2) bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter, a regulation adopted under it, an order issued under it, or with a provision of this title or regulation adopted under this title dealing with business licenses or an occupation or board listed in AS 08.01.010 ;

 (3) examine or have examined the books and records of a person whose business activities require a business license or licensure by a board listed in AS 08.01.010 , or whose occupation is listed in AS 08.01.010 ; the commissioner may require the person to pay the reasonable costs of the examination; and

 (4) issue subpoenas for the attendance of witnesses, and the production of books, records, and other documents.

Sec. 08.01.088. CONVICTION AS GROUNDS FOR DISCIPLINARY ACTION.

Notwithstanding any other provision of this title, the conviction under AS 47.24.010 or 47.24.110 of a person licensed, certified, or regulated by the department or a board under this title may be considered by the department or board as grounds for disciplinary proceedings or sanctions.

Sec. 08.01.090. APPLICABILITY OF THE ADMINISTRATIVE PROCEDURE ACT.

The Administrative Procedure Act (AS 44.62) applies to regulations adopted and proceedings held under this chapter, except those under AS 08.01.087(b).

Sec. 08.01.100. LICENSE RENEWAL, LAPSE AND REINSTATEMENT.

 (a) Licenses shall be renewed biennially on the dates set by the department with the approval of the respective board.

 (b) A license subject to renewal shall be renewed on or before the date set by the department. If the license is not renewed by the date set by the department, the license lapses. In addition to renewal fees required for reinstatement of the lapsed license, the department may impose a delayed renewal penalty, established by regulation, that shall be paid before a license that has been lapsed for more than 60 days may be renewed. The department may adopt a delayed renewal penalty only with the concurrence of the appropriate board.

 (c) When continuing education or other requirements are made a condition of license renewal, the requirements shall be satisfied before a license is renewed.

 (d) Except as otherwise provided, a license may not be renewed if it has been lapsed for five years or more.

Sec. 08.01.102. CITATION FOR UNLICENSED PRACTICE OR ACTIVITY.

The department may issue a citation for a violation of a license requirement under this chapter or AS 43.70 if there is probable cause to believe a person has practiced a profession or engaged in business for which a license is required without holding the license. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.

Sec. 08.01.103. PROCEDURE AND FORM OF CITATION.

 (a) A citation issued under AS 08.01.102 must be in writing. A person receiving the citation is not required to sign a notice to appear in court.

 (b) The time specified in the notice to appear on a citation issued under AS 08.01.102 shall be at least five days, not including weekends and holidays, after the issuance of the citation, unless the person cited requests an earlier hearing.

 (c) The department is responsible for the issuance of books containing appropriate citations, and shall maintain a record of each book issued and each citation contained in it. The department shall require and retain a receipt for every book issued to an employee of the department.

 (d) The department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of a citation, copies of it, or of the record of its issuance except as required under this subsection and (e) of this section.

 (e) The department shall require the return of a copy of every citation issued by the department and all copies of a citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with each citation, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.

 (f) If the form of citation includes the essential facts constituting the offense charged, and if the citation is sworn to as required under the laws of this state for a complaint charging commission of the offense alleged in the citation, then the citation when filed with a court having jurisdiction is considered to be a lawful complaint for the purpose of prosecution.