8 AAC 90.185. Cancellation of certificate of fitness

(a) The department will, in its discretion, cancel a certificate of fitness upon a finding that the certificate holder

(1) falsified information furnished to the department on an application for a certificate of fitness; or

(2) violated a cease and desist order issued by the department; or

(3) has a history of performing substandard work to the extent that the public's best interest is jeopardized.

(b) If, after an investigation, the department finds that a violation described in (a) of this section has occurred, the department will notify the certificate holder by personal service or certified mail of its findings regarding the violation and its intention to cancel the certificate of fitness. The certificate holder has 20 days from the date of personal service or certified mailing of the notice of intent to cancel the certificate to request a hearing. The department's findings are final if the certificate holder does not timely request a hearing without good cause. The certificate holder must provide, in writing, the reasons why the certificate should not be cancelled and a summary of the facts opposing a cancellation. For the purposes of this subsection, "good cause" means

(1) a circumstance beyond the certificate holder's control that prevents the certificate holder from submitting a timely request for a hearing; or

(2) any other circumstance as determined on an individual basis by the director.

(c) A person whose certificate of fitness has been cancelled may, beginning 90 days after the certification was cancelled, apply for and at the discretion of the director, obtain a new certificate after passing an examination given by the department and payment of the applicable fees required by AS 18.62.030 .

History: Eff. 9/13/80, Register 75; am 6/14/84, Register 90; am 12/25/98, Register 148

Authority: AS 18.62.030

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