Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 1725. Permanent transfer of an entry permit under

20 AAC 05.1725. Permanent transfer of an entry permit under

(a) A request for permanent transfer of an entry permit under AS 16.43.140 (c)(5) shall be made on the form designated Request for Permanent Transfer of Entry Permit for Purpose of Fleet Consolidation under AS 16.43.140 (c)(5), revised October 2002, and adopted by reference.

(b) The holder and the proposed transferee shall complete the Request for Permanent Transfer of Entry Permit for Purpose of Fleet Consolidation under AS 16.43.140 (c)(5) form provided by the commission, including Parts I and II of the Required Permit Transfer Information portion of the request form. The holder and the proposed transferee each shall swear to the commission under penalty of perjury that, to the individual's knowledge, neither the holder nor the proposed transferee is prohibited by law or court order from participating in the transfer, and the information submitted to the commission on the form and all supporting documents and other information provided at any time in support of the transfer request is true. The holder's and proposed transferee's signature on the affidavit portion of the form must be witnessed by a notary public or postmaster. The commission will deny a request for permanent transfer of an entry permit if the holder or proposed transferee fails to complete and sign the request form as required under this section.

(c) In addition to the requirements under (b) of this section, the proposed transferee shall certify on the request form an understanding that the transferee

(1) is authorized to hold a second entry permit for the purpose of fleet consolidation under AS 16.43.140 (c)(5);

(2) may not engage in fishing under the second permit and will not be issued a permit card for the second permit; and

(3) may not emergency transfer the second permit.

(d) A request for permanent transfer of an entry permit under this section must include an accurate and complete copy of any written transfer agreement for the permit and any written agreements for the subsequent transfer of the permit. If there is an oral agreement for the transfer of the permit or any oral agreement for the subsequent transfer of the permit, a written statement containing all terms and conditions of the oral agreement or agreements shall be submitted to the commission with the transfer request form. The commission may deny the transfer of a permit under this section, if the commission finds the terms of an agreement are inconsistent with the information provided under (b) and (c) of this section, or are contrary to the provisions of AS 16.43.150 (g).

(e) A request for the permanent transfer of an entry permit under this section

(1) may be filed with the commission on or after the effective date of the holder's notice form filed under 20 AAC 05.1710;

(2) must be filed with the commission on or before the expiration date of the holder's notice form filed under 20 AAC 05.1710; and

(3) must be filed with the commission within 90 days after the holder completed and signed the Request for Permanent Transfer of Entry Permit for Purpose of Fleet Consolidation form.

(f) A request for permanent transfer filed under this section may be withdrawn only upon a written request signed by both the holder and the proposed transferee. The withdrawal takes effect when the signed request is received by the commission.

History: Eff. 12/21/2002, Register 164

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.140

AS 16.43.170