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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 20. Alaska Employment Security Act
- Section 210. Inventory and Sale.
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Section 205. Notice of Assessment, Distraint, Seizure, and Sale.
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Section 215. Notice and Order to Withhold and Deliver.
AS 23.20.210. Inventory and Sale.
- (a) Upon making a distraint, the department shall seize the property and make an inventory of it. The department shall
mail or personally deliver a copy of the inventory to the owner of the property, and shall specify the time and place
when the property is to be sold. Notice specifying the property to be sold and the time and place of sale shall be
posted in at least two public places in the recording district of the judicial district where the seizure is made. The
time of sale may not be less than 20 nor more than 30 days from the date of posting the notice. The department may
adjourn the sale from time to time but adjournment may not exceed 90 days in all. The department or its authorized
representative shall conduct the sale. The property may be sold by parcel or lot at a public auction. The department
may set a minimum price to include the expenses of making the levy and advertising the sale, and if the amount bid for
the property at the sale is not equal to the minimum price fixed by the department, the department or its
representative may declare the property purchased by the department for the minimum price. The department shall credit
the delinquent account with the amount received at the sale for the property after defraying the costs of distraint,
seizure, and sale. The department may sell the property acquired by it at public or private sale, and shall deposit the
amount received in the unemployment compensation fund.
- (b) Upon sale of the property, the department shall issue a bill of sale or a deed to the purchaser. The bill of sale or
the deed is prima facie evidence of the regularity of the proceedings of the department in making the sale. The bill
of sale or the deed transfers to the purchaser all right, title, and interest of the delinquent employer in the
property. The department shall first apply the proceeds of the sale toward reimbursement of the administration fund for
the costs of distraint, seizure, and sale and the balance toward satisfaction of the delinquent account. The department
shall refund the excess to the delinquent employer.
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