18 AAC 72.430. Revocation of certification

(a) The department will, in its discretion, revoke a certification issued under 18 AAC 72.405 if the department finds that

(1) fraud or deceit was used to obtain certification; or

(2) the certified installer violated a requirement of AS 46.03 or this chapter.

(b) If the department proposes to revoke a certification under this section, the department will send the certified installer a notice that states

(1) the grounds for revocation;

(2) that the revocation is effective 30 days from the date of the notice, unless a hearing is requested to review the decision to revoke;

(3) that the installer may not continue to perform installations under AS 46.03 and this chapter after the effective date of the revocation;

(4) that the installer may appeal the revocation decision by requesting a hearing under this section within 10 days after receiving the notice; and

(5) that a hearing, if requested, will be held within 10 days after the department receives a request for hearing unless the commissioner grants an extension for good cause shown.

(1) the installer's name, certification number, mailing address, telephone number, and facsimile number, if available;

(2) a description of the revocation decision being appealed;

(3) a clear and concise statement of the reason for the appeal, including a statement of the nature and scope of the installer's disagreement with the decision; and

(4) other information that the installer believes would assist the department in reviewing the revocation decision.

(d) The commissioner, or an impartial department employee whom the commissioner designates, will conduct the hearing according to the procedures in (e) - (g) of this section.

(e) The commissioner or the commissioner's designee will

(1) prescribe the sequence of presentation;

(2) admit material evidence of the type on which a reasonable person might rely in the conduct of serious business affairs, including evidence that was not before the department when it decided to revoke certification;

(3) refuse to admit evidence that is unduly repetitious; and

(4) order the submission of briefs if the commissioner or the commissioner's designee finds that briefing might aid in resolving the appeal.

(f) The burden of proof and of going forward with the evidence is on the department.

(g) After a hearing under this section, the commissioner or the commissioner's designee will issue findings of fact and conclusions of law and will affirm, modify, or set aside the revocation. A decision issued under this subsection is the final decision of the department and may be appealed to the superior court as provided in the Alaska Rules of Appellate Procedure. The decision is effective immediately unless stayed by the commissioner or the court.

(h) An installer whose certificate has been revoked may reapply for certification

(1) one year after the effective date of an initial revocation;

(2) for a subsequent revocation, at least one year after the effective date of the most recent revocation, on a date determined by the department, taking into account the relative seriousness or frequency of the installer's conduct that warranted the revocations.

History: Eff. 4/1/99, Register 149

Authority: AS 44.46.020

AS 46.35.090 (e)

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