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- Alaska Statutes.
- Title 8. Business and Professions
- Chapter 40. Electrical and Mechanical Administrators
- Section 170. Disciplinary Actions.
previous: Section 160
. Waiver of Examination. [Repealed, Sec. 14 Ch 53 SLA 1977].
next: Section 175
. Cease and Desist Order.
AS 08.40.170. Disciplinary Actions.
- (a) The department may take the disciplinary actions set out in (d) of this section upon a finding that
- (1) the license application is fraudulent or misleading;
- (2) the licensee has knowingly violated AS 08.40.005
- 08.40.200, the minimum electrical standards
established under AS 18.60.580
- 18.60.590, or a lawful order or regulation of the
- (3) the licensee is incompetent, or has engaged in fraudulent practices.
- (b) Notice of a proposed disciplinary action under this section shall be given in writing, stating the grounds.
- (c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act).
- (d) The department may take the following disciplinary actions under (a) of this section, singly or in combination:
- (1) refuse to issue a license;
- (2) permanently revoke a license;
- (3) suspend a license for a specified period;
- (4) censure or reprimand a licensee;
- (5) impose limitations or conditions on the professional practice of a licensee;
- (6) require a licensee to submit to peer review;
- (7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill
of the licensee;
- (8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for
- (e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied.
- (f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department
finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a
hearing conducted by the office of administrative hearings (AS 44.64.010
) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an
adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction.
- (g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the
licensee is able to practice the profession with skill and safety.
- (h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who
surrendered the license unless the department determines that the person is competent to resume practice and the person
pays the appropriate renewal fee.
- (i) The department shall seek consistency in the application of disciplinary sanctions. The department shall explain a
significant departure from prior decisions involving similar facts in the order imposing the sanction.
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