Section 08.40.350. Procedure and form of citation.

   (a) A person receiving the citation under AS 08.40.340 is not required to sign a notice to appear in court.
   (b) The time specified in the notice to appear on a citation issued under AS 08.40.340 must be at least five working days after the issuance of the citation.
   (c) The department is responsible for the issuance of books containing appropriate citations and shall maintain a record of each book issued and each citation contained in it. The department shall require and retain a receipt for every book issued to an employee of the department.
   (d) The department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of it or copies of it or of the record of its issuance except as required under this subsection and (e) of this section.
   (e) The department shall require the return of a copy of every citation issued under AS 08.40.340 and of all copies of every citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with every citation issued by the department, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.
   (f) A citation issued under AS 08.40.340 is considered to be a lawful complaint for the purpose of prosecution.

Notes

History

(Sec. 9 ch 132 SLA 1988; am Sec. 30 - 32 ch 101 SLA 1994; am Sec. 18 - 20 ch 29 SLA 2010)