Section 18.20.430. Enforcement, offenses, and penalties.

   (a) The commissioner shall administer AS 18.20.400 - 18.20.499 and adopt regulations for implementing and enforcing AS 18.20.400 - 18.20.499.
   (b) A complaint alleging a violation of AS 18.20.400 - 18.20.499 must be filed with the commissioner within 30 days after the date of the alleged violation. The commissioner shall provide a copy of the complaint to the health care facility named in the filing within three business days after receiving the complaint.
   (c) If the commissioner finds that a health care facility has knowingly violated an overtime provision of AS 18.20.400 - 18.20.499, the following civil penalties shall apply:
        (1) for a first violation of AS 18.20.400 - 18.20.499, the commissioner shall reprimand the health care facility;
        (2) for a second violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of $500;
        (3) for a third violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $2,500 but not more than $5,000;
        (4) for each violation of AS 18.20.400 - 18.20.499 after a third violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $5,000 but not more than $25,000.
   (d) As an employer, a health care facility violates an overtime provision of AS 18.20.400 - 18.20.499 "knowingly" when the facility is either aware that its conduct is of a nature prohibited by the overtime provision or aware that the circumstances described in the overtime prohibition exist; however, when knowledge of the existence of a particular fact is required to establish that the violation was knowing, that knowledge exists when the facility is aware of a substantial probability of its existence, unless the facility reasonably believes it does not exist.

Authorities

18.20.470

Notes

References

AS 18.20.470 Notice to employees.

History

(Sec. 2 ch 118 SLA 2010)