15 AAC 116.030. Obligations and duties of license officers

(a) Each license officer must enter into a contract of appointment with the department before commencing duties as a license officer. The contract must be on a form provided by the department and must state

(1) the term of the appointment, not to exceed three years;

(2) the class or classes of licenses the license officer is authorized to sell;

(3) the reporting and accounting period and other reporting and accounting obligations of the license officer;

(4) the right of the department to audit or examine the books and inventory of the license officer;

(5) the duty of the license officer to account for all money collected and the right of the department to receive from the license officer all money except the license officer's commission;

(6) the duty of the license officer or the officer's employees to administer oaths to license applicants in the manner prescribed by the department; and

(7) any other matters specified in 15 AAC 116.010 - 15 AAC 116.310, or other matters which the department determines to be appropriate.

(b) Except as provided in (c) of this section, the department will provide a blanket bond applicable to all license officers in an amount of not less than $2,000. Each license officer must complete all forms necessary to obtain coverage under this bond.

(c) If, based on the past or expected performance of a license officer, the department determines that the amount of money which a license officer will handle during the term of his appointment is more than four times the amount of the bond coverage provided under (b) of this section, and that the interests of the state are not otherwise adequately protected, the department will, in its discretion, require the applicant to post a bond in an amount established by the department.

(d) Where the amount of money a license officer handles during the term of his appointment justifies such action, the department will, in its discretion, require that the license officer establish a bank account to which the license officer must deposit all fees collected for licenses. Alternatively, the department will, in its discretion, require that the license officer deposit fees collected for licenses directly to an account established by the department for that purpose. If the department imposes these requirements on a license officer, the requirements will be stated in the contract or in an amended contract between the department and the license officer.

(e) If a license officer fails to perform duties and obligations in strict accordance with the terms of the contract, the department will, in its discretion, give to the license officer notice of the officer's noncompliance and a demand for compliance. If the license officer fails to remedy the noncompliance after notice and demand, the department will, in its discretion, terminate the officer's appointment in accordance with 15 AAC 116.060 and, in addition, take any other action necessary to protect the state's interests, including commencement of suit.

History: Eff. 3/25/83, Register 85

Authority: AS 16.05.360

AS 16.05.380

AS 16.05.460

AS 43.05.080

AS 44.25.020 (2)

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