8 AAC 45.174. Uninsured employers

(a) Upon the verified petition of a person or upon its own motion, the board will investigate an employer who is alleged to be in violation of AS 23.30.075 .

(b) If, after investigation, the board finds an employer is in violation of AS 23.30.075 , the board will, in its discretion, issue a stop order prohibiting the use of employee labor by the employer. The order must be personally served upon the employer or his agent. Any person authorized or designated by the commissioner to serve process in department proceedings may serve an order issued by the board under this section.

(c) The board will not withdraw a stop order issued in accordance with this section until the board finds that the employer has complied with AS 23.30.075 and AS 23.30.085 .

(d) A hearing to determine if an employer failed to comply with a stop order issued under this section and should be assessed a civil penalty is a continuation of the administrative proceeding which began with the issuance of the stop order.

(e) The fact that proceedings are conducted under this section does not affect the right of the department to seek criminal penalties against the employer under AS 23.30.075 (b).

(f) Proceedings conducted under this section must conform to the Administrative Procedure Act, AS 44.62.330 - 44.62.630.

History: Eff. 5/28/83, Register 86

Authority: AS 23.05.080

AS 23.30.005

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