Title 13 . Public Safety

Chapter 30 . General Provisions

Section 60. Suspension and revocation of permits; appeals

13 AAC 30.060. Suspension and revocation of permits; appeals

(a) If the department suspends a permit under AS 18.65.735 , the department immediately will mail or deliver a notice of the suspension to the permittee. The permittee is required by AS 18.65.735 to immediately surrender the permit to the nearest peace officer.

(b) A suspension of a permit under (a) of this section remains in effect until the permit is revoked or the permittee provides proof satisfactory to the department that the reason for suspension has been rectified.

(c) If the department revokes a permit under AS 18.65.740 , the department immediately will mail or deliver a notice of the revocation to the permittee. The permittee is required by AS 18.65.740 to surrender the permit to the nearest peace officer.

(d) For purposes of revocation under AS 18.65.740 , the date of conviction is the date sentence was imposed or imposition of sentence was suspended under AS 12.55.085 or a similar procedure in another jurisdiction.

(e) If a peace officer believes that a permit is subject to suspension or revocation under AS 18.65.735 or 18.65.740, the officer shall immediately notify the department's permits and licensing unit of the identity and location of the permittee and the grounds for suspension or revocation.

(f) A permittee who becomes subject to suspension or revocation under (a) or (c) of this section shall immediately notify the department and surrender the permit to the nearest peace officer.

(g) If, under 13 AAC 30.130(b) , the department has reason to believe that a permittee suffers from a physical infirmity that may prevent the safe handling of a handgun, the department will mail or deliver to the permittee a notice that the department intends to revoke the permittee's permit because of the physical infirmity. After mailing or delivery of the notice, the following procedures apply:

(1) the permittee may submit to the department, within 30 days after the date of the notice, a written report by a physician, optometrist, or other competent medical authority, who can lawfully practice in this state, that, as determined from an examination within the six months before the date of the notice, the permittee does not suffer from the physical infirmity;

(2) if the permittee demonstrates to the department that circumstances beyond the permittee's control prevent the submission of the report within the 30 days, the department will extend the deadline for 15 days;

(3) if the necessary report is not received by the department by the deadline in (1) or (2) of this subsection, whichever is applicable, the permit is automatically revoked and the department will so notify the permittee;

(4) if the permittee submits a report by the deadline set in (1) or (2) of this subsection, but the department determines that the report does not substantiate that the permittee does not suffer from the physical infirmity, the department will mail or deliver to the permittee a notice that the permittee, within 30 days after the date of the notice under this paragraph, may submit another report to meet the requirements of (1) of this subsection;

(5) if a second report is necessary under (4) of this subsection but is not received by the department by the deadline set by that paragraph, the permit is automatically revoked and the department will so notify the permittee;

(6) if a permit is revoked under this subsection, the permittee, upon receipt of the revocation notice under (3) or (5) of this subsection, shall immediately surrender the permit to the nearest peace officer;

(7) if the department timely receives a report that meets the requirements of this subsection, the department will notify the permittee that the permit is not revoked;

(8) a permittee whose permit is revoked under this subsection may appeal the revocation under the procedures in (j) of this section.

(h) If, under 13 AAC 30.130(b) , the department has reason to believe that a permittee is not able to safely or competently handle a handgun, the department will mail or deliver to the permittee a notice that the department intends to revoke the permittee's permit. After mailing or delivery of the notice, the following procedures apply:

(1) the permittee may submit to the department, within 30 days after the date of the notice, a certificate of completion from an approved handgun course verifying that the permittee has, no earlier than six months before the date of the notice, taken and successfully completed the part of the handgun course described in 13 AAC 30.070(a) (1)(A)(iv);

(2) if the permittee demonstrates to the department that circumstances beyond the permittee's control prevent the submission of the certificate of completion within the 30 days, the department will extend the deadline for 15 days;

(3) if the certificate of completion required by (1) of this subsection is not received by the department by the deadline in (1) or (2) of this subsection, whichever is applicable, the permit is automatically revoked and the department will so notify the permittee;

(4) if a permit is revoked under this subsection, the permittee, upon receipt of the revocation notice under (3) of this subsection, shall immediately surrender the permit to the nearest peace officer;

(5) if the department timely receives the certificate of completion required by (1) of this subsection, the department will notify the permittee that the permit is not revoked;

(6) a permittee whose permit is revoked under this subsection may appeal the revocation under the procedures in (j) of this section.

(i) A peace officer who receives a surrendered permit shall immediately

(1) notify the department's permits and licensing unit, identifying the permittee who surrendered the permit, and the date, time, and location the permit was surrendered; and

(2) send the surrendered permit to the department's permits and licensing unit.

(j) A person who has surrendered a permit because it has been revoked under this section may appeal to the commissioner for reversal of the revocation. The appeal must be received in writing within 30 days after the date of the notice of revocation, and must set out the reasons for the appeal. The decision of the commissioner or the commissioner's designee will be in writing and will be made within 45 calendar days after receipt of the appeal.

(k) A person whose permit is revoked

(1) under AS 85.65.740 (a)(1) or (3) may not apply for a new permit under 13 AAC 30.010 sooner than five years following the date of the notice of revocation;

(2) under AS 18.65.740 (a)(2) may not apply for a new permit under 13 AAC 30.010 until the person qualifies under AS 18.65.705 (4).

( l ) A permit that is revoked under (g) or (h) of this section may be reinstated if the former permittee provides proof to the department that the reason for revocation has been rectified and complies with the requirements of 13 AAC 18.65.725 if the person applies for renewal no later than the 31st day after the original permit would have expired had it not been revoked. If the former permittee does not meet the deadline in this subsection for reinstatement of the permit, the former permittee may apply for a new permit under 13 AAC 30.010, and must provide proof to the department that the reason for revocation has been rectified.

History: Eff. 1/4/95, Register 132; am 12/9/98, Register 148; am 5/8/2002, Register 162

Authority: AS 18.65.735

AS 18.65.740

AS 18.65.765

AS 18.65.775