Section 08.40.320. Disciplinary actions.

   (a) The department may take the disciplinary actions set out in (d) of this section upon a finding that
        (1) the license application is fraudulent or misleading;
        (2) the licensee has knowingly violated AS 08.40.210 - 08.40.490, a code listed in AS 08.40.490(3)(A), or an order or regulation of the department; or
        (3) the licensee is incompetent or has engaged in fraudulent practices.
   (b) Notice of a proposed disciplinary action under this section must be in writing and must state the grounds.
   (c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act).
   (d) The department may take the following disciplinary actions under (a) of this section, singly or in combination:
        (1) refuse to issue a license;
        (2) permanently revoke a license;
        (3) suspend a license for a specified period;
        (4) censure or reprimand a licensee;
        (5) impose limitations or conditions on the professional practice of a licensee;
        (6) require a licensee to submit to peer review;
        (7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;
        (8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation.
   (e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied.
   (f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction.
   (g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession with skill and safety.
   (h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee.
   (i) The department shall seek consistency in the application of disciplinary sanctions. The department shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.

Notes

Implemented As

12 AAC 39.440

References

12 AAC 39.440

History

(Sec. 9 ch 132 SLA 1988; am Sec. 26, 27 ch 101 SLA 1994; am Sec. 13 ch 163 SLA 2004)