13 AAC 08.440. Response to notice of suspension (oral or written answers)

(a) If a person files a response under AS 28.22.041 , the notice of suspension will be rescinded if, based on the information provided by the respondent or other information available, the Department of Public Safety determines that

(1) insurance was in effect at the time of the accident to cover the vehicle being driven by the respondent;

(2) the respondent was not the actual operator of the vehicle involved;

(3) the vehicle was exempt from the insurance requirement under AS 28.22.011 ;

(4) the accident did not occur on a highway, vehicular way or area, or other public property in the state; or

(5) the suspension results from an accident, but there was no bodily injury to or death of a person, and damage to the property of a person did not exceed $500.

(b) The decision to rescind will, in the department's discretion, be based on the items listed in (a)(1) - (a)(5) of this section. The decision will not be based on fault or claim settlements.

History: Eff. 3/23/85, Register 93

Authority: AS 28.05.011

AS 28.22.041

Editor's note: As of Register 112, January 1990, under the authority of AS 44.62.125 (b)(6) and AS 01.05.031 (b)(11), the regulations attorney deleted the phrase "or violation" from 13 AAC 08.440(a) (1) and (a)(4) to reflect a change in statutory requirements enacted in AS 28.22.021 and 28.22.041 by ch. 108, SLA 1989.

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