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(a) Disqualification of a person under AS 05.15.105 terminates 10 years after the person's conviction for a crime that is at the time of conviction for the violation of a law of this state or, if of another jurisdiction, would if committed in this state be a Class B felony other than extortion, a Class C felony, or an unclassified felony described outside AS 11, and that is not a crime of dishonesty or theft or a violation of gambling laws.
(b) Disqualification of a person for a conviction for the violation of a law of this or another jurisdiction that is a crime of dishonesty or theft or is a violation of gambling laws, that is not an unclassified felony described in AS 11, a Class A felony, or the crime of extortion, terminates 10 years after the date of conviction if the department determines that the
(1) person is of good moral character, honesty, and integrity; and
(2) person's involvement in charitable gaming is not against the public interest.
(c) A person disqualified under (a) of this section must make application to participate in charitable gaming. The application, which may be submitted up to six months before the anticipated 10th anniversary of the conviction, shall be made by letter accompanied by a copy of the document evidencing the conviction and the date of conviction. The department will notify the person when the department considers the person no longer to be disqualified and the date on which the person may become involved in charitable gaming.
(d) A person disqualified under (b) of this section must make application to the department on a form to be provided by the department for authorization to become involved in charitable gaming. Application may be submitted up to six months before the anticipated 10th anniversary of the conviction. The department will notify the person when it no longer considers the person to be disqualified and the date on which the person may become involved in charitable gaming. At the time of application the person must provide the following items:
(1) a copy of the document evidencing the conviction and the date of conviction;
(2) letters from at least three persons unrelated to the applicant, such as clergy, professionals in the field of psychology or psychiatry, or law enforcement officials, recommending that the applicant be permitted to participate in charitable gaming, indicating their opinions as to the character, honesty, and integrity of the applicant, the basis for their opinions, and the length of time the applicant has been known to them;
(3) a letter from an official of the permittee indicating how the applicant is to be involved in charitable gaming and why the applicant's involvement will not be against the public interest; if more than one permittee is involved, such as when the applicant intends to act as an operator, a vendor, a distributor, or a managerial or supervisory employee of any of these entities, the applicant must produce letters from at least two permittees who will be served by the licensee, containing the same information as from a single permittee.
(e) A crime of dishonesty is a crime in which a material element involves lying, cheating, deception, or fraud, and includes a crime listed in AS 11.46.500 - 11.46.990 or, if committed in another jurisdiction, a crime that is substantially similar.
(f) A crime of theft is larceny, robbery, burglary, forgery, and all other crimes listed in AS 11.46.100 - 11.46.290 or, if committed in another jurisdiction, a crime that is substantially similar.
(g) A violation of gambling law involves a violation of AS 11.66.200 - 11.66.280 or, if committed in another jurisdiction, a crime that is substantially similar.
(h) Conviction for an unclassified felony, a Class A felony, or the crime of extortion, or, if committed in another jurisdiction, a crime that is substantially similar is a bar to participation in charitable gaming and the disqualification may not be terminated.
History: Eff. 11/10/96, Register 140
Authority: AS 05.15.060
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Last modified 7/05/2006