15 AAC 116.060. Suspension or revocation of license officer appointment

(a) If the department intends to suspend or revoke a license officer appointment issued under this chapter, the department will give the license officer 30 days' notice of the intended suspension or revocation. If the basis for suspension or revocation still exists on the 30th day, the department will notify the license officer of immediate suspension or revocation, unless an appeal under (d) of this section has been timely filed by the license officer. Upon suspension or revocation of an appointment, all money collected, except the license officer's commission, is due and payable as provided in 15 AAC 116.070.

(b) The basis for suspension or revocation of a license officer appointment may include any of the following circumstances:

(1) notice of bond cancellation is received by the department;

(2) a discrepancy exists between the license officer's records or returns required to be filed with the department and the department's audit or examination of the license officer's books and inventory;

(3) the license officer fails to collect fees or fails to pay to the department money due to the department;

(4) a renewal application is not timely filed;

(5) the license officer fails to meet any of the conditions specified or required by AS 16.05, 15 AAC 116, or by the contract itself; or

(6) the license officer knowingly or wilfully issues, or causes to be issued, a license or tag to an individual who has attempted to take or has taken an animal or fish for which the license or tag should have been acquired before the hunting or fishing activity.

(c) When a license officer appointment is revoked under this section, the license officer may not apply for a new appointment for three years after the date of revocation. The date of suspension or revocation is the date on which the notice of immediate suspension or revocation is issued. If a formal hearing has been requested, the date of suspension or revocation is the date of the hearing decision.

(d) If a person is aggrieved by a notice of intended suspension or revocation, that person may appeal to the department and may request a formal hearing under the procedures set out in AS 43.05.240 (c) and 15 AAC 05.001, 15 AAC 05.010(a) (2) - (4) and (b), 15 AAC 05.030(a) and (d) - (p), 15 AAC 05.035 - 15 AAC 05.040, and 15 AAC 05.050(c) . The appeal must be submitted to the department in person or by mail within 10 days after the date of mailing the notice of intended revocation by the department. Failure to request a hearing within the time provided in this section waives the license officer's right to a hearing.

(e) Upon receipt of a timely appeal under (d) of this section, the department will schedule a formal hearing to be held within 10 working days after the receipt of the appeal form. If the department determines that a correction is warranted, the department will make the correction. A written decision concerning the appeal will be issued within 10 working days after the formal hearing has been concluded.

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

Authority: AS 16.05.340

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