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- Alaska Statutes.
- Title 8. Business and Professions
- Chapter 88. Real Estate Brokers and Other Licensees
- Section 37. Investigation and Injunction.
previous: Section 34. Investigator of the Commission. [Repealed, Sec. 9 Ch 74 SLA 1987].
next: Section 40. [Repealed, Sec. 3 Ch 95 SLA 1964].
AS 08.88.037. Investigation and Injunction.
- (a) The commission may request the department to conduct investigations to determine whether a person has violated a
provision of this chapter or a regulation adopted under it, or to secure information useful in the administration of
this chapter.
- (b) If it appears to the department 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 and that action is warranted in the public interest,
the department shall notify all commission members by telephone, telegraph, or facsimile of a proposed order or action,
and, if a majority of the members of the commission approve, the department may
- (1) after reasonable notice of and an opportunity for a hearing is given to the person, issue an order directing the
person to stop the act or practice; the department 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 have elapsed after the person receives the notice and has not requested a hearing; 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; if a hearing is requested, a hearing shall be conducted by a hearing officer within 30 days; the commission
shall issue a final order within 10 days after the hearing;
- (2) bring an action in superior court to enjoin the act or practice and to enforce compliance with this chapter, a
regulation adopted under it, or an order issued under it;
- (3) examine or have examined the books and records of a person whose business activities require licensure under this
chapter and the department 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.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005