Section 14.43.148. Nonrenewal of license.

   (a) Notwithstanding any other provision of law, a licensing entity may not renew a license issued to a borrower if the licensing entity has received notice from the commission that the licensee is in default on a loan made by the commission. If the licensee has appealed the determination of default status, the commission shall notify the licensing entity and renewal may not be denied under this section unless and until the appeal has been concluded and the default status affirmed. Unless a temporary license is issued under (c) of this section, the denial of renewal is effective at the beginning of that renewal period. Denial of renewal of a license shall continue until the licensing entity receives notice of a release from the commission. If a license is denied under this section, the licensing entity shall refund the renewal fee less the temporary license fee, if any.
   (b) The licensing entity shall provide written notice of the denial of renewal of the license by giving written notice to the licensee or sending the notice to the licensee's last known mailing address on file with the licensing entity. The licensing agency shall include with the notice a form to request review under (d) of this section; the form must include the commission's address and telephone number. The notice must inform the licensee of the temporary license granted under (c) of this section if the applicant is otherwise eligible and that, upon expiration of that time period, renewal of the license will be denied unless the licensing entity receives a notice of release under (f) of this section from the commission.
   (c) A licensing entity shall issue a temporary license valid for the first 150 days of the renewal period to a licensee whose license renewal is denied under this section if the licensee is otherwise eligible for renewal. Only one temporary license may be issued during a renewal period. The licensing entity shall adopt by regulation a fee for issuance of a temporary license under this section; the amount of the fee shall be set so that the fees collected under this section, to the extent reasonable, cover the costs of implementing and administering this section.
   (d) Within 30 days after receiving the notice under (b) of this section, the licensee may request review by the commission. AS 44.62 (Administrative Procedure Act) does not apply to the denial of renewal of a license under this section. Within 30 days after receiving a written request for review, the executive director shall inform the applicant in writing of the executive director's findings. The executive director's finding is a final decision that may be appealed to the superior court under the Alaska Rules of Appellate Procedure.
   (e) For the purpose of review under (d) of this section, the licensee has the burden to show that
        (1) the commission has not sent a notice of default in compliance with AS 14.43.145(b);
        (2) the notice of default has been rescinded after review under AS 14.43.145(c); or
        (3) the licensee has met the requirements of (f) of this section.
   (f) The commission shall provide a notice of release to the licensing entity if the licensee
        (1) pays all costs of collection and the interest and principal that would have been due if the loan had not been accelerated; or
        (2) has negotiated a payment schedule with the commission after the loan is in default and has made complete and timely payments under the negotiated agreement for the four most recent and consecutive months.
   (g) Notwithstanding (a) of this section, the denial of renewal of a teacher's certificate is effective not sooner than the end of the contract year after the commission has notified the teacher of the default status of the loan as provided under AS 14.43.145.
   (h) In this section,
        (1) "license"
             (A) means, except as provided in (B) of this paragraph, a license, certificate, permit, registration, or other authorization that, at the time of issuance, will be valid for more than 150 days and that may be acquired from a state agency to perform an occupation, including the following:
                  (i) license relating to boxing or wrestling under AS 05.10;
                  (ii) authorization to perform an occupation regulated under AS 08;
                  (iii) teacher certificate under AS 14.20;
                  (iv) authorization under AS 18.08 to perform emergency medical services;
                  (v) asbestos worker certification under AS 18.31;
                  (vi) boiler operator's license under AS 18.60.395;
                  (vii) certificate of fitness under AS 18.62;
                  (viii) hazardous painting certification under AS 18.63;
                  (ix) certification as a municipal correctional, correctional, probation, or parole officer under AS 18.65.245;
                  (x) security guard license under AS 18.65.400 - 18.65.490;
                  (xi) license relating to insurance under AS 21.27;
                  (xii) employment agency permit under AS 23.15.330 - 23.15.520;
                  (xiii) registration as a broker-dealer, an agent, a state investment adviser, or an investment adviser representative under AS 45.55.030;
                  (xiv) certification as a pesticide applicator under AS 46.03.320;
                  (xv) certification as a storage tank worker or contractor under AS 46.03.375;
                  (xvi) certification as a water and wastewater works operator under AS 46.30; and
             (B) does not include
                  (i) a commercial fishing license under AS 16.05.480, including a crewmember fishing license;
                  (ii) a vessel license issued under AS 16.05.490 or 16.05.530;
                  (iii)  [Repealed, Sec. 43 ch 57 SLA 2005].  
                  (iv) a business license issued under AS 43.70;
                  (v) an entry permit or interim-use permit issued under AS 16.43; or
                  (vi) a driver's license issued under AS 28.15;
        (2) "licensee" means a person holding a license or applying to renew a license;
        (3) "licensing entity" means the state agency that issues or renews a license; in the case of a license issued or renewed by the Department of Commerce, Community, and Economic Development after an applicant's qualifications are determined by another agency, "licensing entity" means the Department of Commerce, Community, and Economic Development.

Authorities

8.02.025;14.43.145;21.27.390;45.55.060

Notes

Recent Bills that will modify this

HB 194 AK SECURITIES ACT; PENALTIES; CRT. RULES
HB 333 STUDENT LOAN DEFAULT/OCC. LICENSE RENEWAL
SB 108 AK SECURITIES ACT; PENALTIES; CRT. RULES

Implemented As

12 AAC 02.102

References

12 AAC 02.102
12 AAC 02.930
12 AAC 02.935
3 AAC 23.100
AS 8.02.025 .02.025">Sec. 08.02.025. Compliance with student loan requirements. [Repealed, Sec. 18
AS 14.43.145 Default.
AS 21.27.390 Temporary license.
AS 45.55.060 Denial, revocation, suspension, cancellation, and withdrawal of registration.

History

(Sec. 8 ch 54 SLA 1997; am Sec. 1 ch 126 SLA 1998; am Sec. 13 ch 58 SLA 1999; am Sec. 1 ch 76 SLA 1999; am Sec. 8 ch 99 SLA 2004; am Sec. 43 ch 57 SLA 2005)

].