3 AAC 23.155. Audit of continuing education compliance

(a) The director will audit a sample of the affidavits submitted by licensees under 3 AAC 23.150 to verify compliance with 3 AAC 23.100 - 3 AAC 23.170. The director will, in the director's discretion, request the assistance of the continuing education advisory committee to audit the sample and provide recommendations to the director. If the director requests the assistance of the committee, the director will solicit suggestions from the committee as to a plan of audit procedures, including a method for selecting affidavits to be audited and for verifying information on the affidavits. The director will establish the plan of audit and notify the committee, if utilized, of the appropriate procedures. Upon the request of the director, the committee will meet to conduct its activities under this section. The committee meetings are subject to the open meeting requirements of AS 44.62.310 - 44.62.312.

(b) The director will notify a licensee of an audit by mail at the mailing address on file with the division no later than six months after the license renewal date. If a committee member is selected for audit and the director requests the assistance of the committee on the audit, that committee member may not participate in providing recommendations on the audit.

(c) If audited, a licensee who refuses to cooperate with the director may be considered untrustworthy under AS 21.27.020 and subject to administrative action.

(d) If the director or the committee, at the request of the director, cannot verify information listed in an affidavit of compliance, the director will notify the licensee by certified mail that additional information is needed to verify compliance with the continuing education requirements. The licensee shall have 30 days from the date of receipt of the notification to provide verification. The director will, in the director's discretion, deny continuing education credit for the failure to provide sufficient verification requested under this section.

(e) If the committee is requested to assist in the audit, the committee shall submit findings and recommendations to the director regarding the licensee's compliance or noncompliance with the continuing education requirements. The director will accept, reject, or modify the committee's recommendations and will notify the licensee of the director's decision by certified mail.

(f) The director will, in the director's discretion, grant a licensee 60 days in which to replace continuing education credits that are found to be unacceptable under the audit. The replacement continuing education credits will be audited under AS 21.27.020 and this section.

(g) A licensee may submit a written request for a hearing under AS 21.06.180 regarding the director's decision under (e) of this section.

History: Eff. 9/26/96, Register 139

Authority: AS 21.06.090

AS 21.06.180

AS 21.27.020

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