Section 16.43.960. Commission revocation or suspension of permits.

   (a) The commission may revoke, suspend, or transfer all entry or interim-use permits, vessel entry permits, or vessel interim-use permits held by a person or entity who knowingly provides or assists in providing false information, or fails to correct false information provided to the commission for the purpose of obtaining a benefit for self or another, including the issuance, renewal, duplication, or transfer of an entry or interim-use permit, vessel license, vessel entry permit, or vessel interim-use permit. The commission may suspend, as appropriate, that person's or entity's eligibility to hold an entry or interim-use permit, vessel entry permit, or vessel interim-use permit for a period not to exceed three years, and may impose an administrative fine of not more than $5,000 on the person or entity whose officers, employees, representatives, or agents knowingly provide or assist in providing false information, or fail to correct false information provided, to the commission for the purpose of obtaining a benefit.
   (b) The commission shall serve the respondent personally or by certified or registered mail with a notice to show cause why the proposed action should not take place.  The notice to show cause must
        (1) be supported by an affidavit, which may be made on information or belief, setting out the facts that are the basis of the proposed actions;
        (2) provide for a least 30 days' notice of the place, date, and time of the hearing where the respondent may present evidence in opposition to the proposed action; unless waived in writing by the respondent, the hearing shall be held within the judicial district in which the respondent resides if the respondent resides in the state; the hearing place shall be at the discretion of the commission for those respondents residing outside the state;
        (3) specify the statutes or regulations violated;
        (4) state with particularity the action proposed to be taken;
        (5) indicate to the respondent that the respondent's ability to permanently transfer the permits that are the subject of the show cause proceedings has been suspended as of the date of the notice and will continue to be suspended until the exhaustion of all administrative and judicial remedies; and
        (6) provide other information the commission considers proper.
   (c) A permit subject to show cause proceedings under this section may not be transferred after the date of the notice in (b) of this section pending exhaustion of all administrative and judicial remedies arising from action taken under this section.
   (d) The show cause hearing shall be conducted before a quorum of commissioners and shall be presided over by a hearing officer appointed by the commission who shall rule on the presentation of evidence and other procedural matters.  Hearings shall be conducted in accordance with regulations adopted under AS 16.43.110(b).
   (e) The failure of a respondent properly served under (b) of this section to appear at the hearing is not grounds for setting aside any commission action taken.  However, the commission may in its discretion order a continuance or second hearing.
   (f)   [Repealed, Sec. 8 ch 22 SLA 1985].
   (g) The provisions of this section apply to conduct occurring after January 1, 1973, but do not affect a permit held by a person who is a bona fide purchaser.  Failure to correct false information is a continuing offense.
   (h) Judicial review of commission determinations under this section is in accordance with AS 44.62.560  - 44.62.570; however, if a hearing de novo is granted under AS 44.62.570(d), the hearing may, in the discretion of the court, be had with a jury sitting if application for the jury hearing is filed with the court no later than 10 days after service of the notice of appeal.
   (i) An entry permit revoked by the commission under this section that is pledged as security for a loan under AS 16.10.333 or AS 44.81.231 shall be reassigned or sold as provided in AS 16.10.337 or AS 44.81.250.
   (j) The commission shall immediately cancel a limited entry permit card issued to a debtor under a loan made under AS 16.10.300 - 16.10.370 when the commission receives a certificate of loan termination containing a copy of the
        (1) notice required by AS 16.10.335(a); or
        (2) notice that, if the debtor has filed bankruptcy, the automatic stay issued is no longer in effect and the debtor has not reaffirmed the debt.

Authorities

16.43.355

Notes

Recent Bills that will modify this

HB 112 REPEAL CFEC; TRANSFER FUNCTIONS TO ADFG

Implemented As

20 AAC 05.1870
20 AAC 05.571

References

20 AAC 05.1820
20 AAC 05.1865
20 AAC 05.1870
AS 16.43.355

History

(Sec. 6 ch 123 SLA 1978; am Sec. 8, 9 ch 47 SLA 1981; am Sec. 8 ch 22 SLA 1985; am Sec. 8 ch 84 SLA 1991; am Sec. 6 ch 34 SLA 1996; am Sec. 9, 10 ch 137 SLA 2002; am Sec. 5 ch 2 SLA 2014)