Section 43.90.230. License violations; damages.

   (a) A licensee is in violation of the license if the commissioners determine that the licensee has
        (1) requested and received money from the state under this chapter for an expenditure that is not a qualified expenditure under AS 43.90.110;
        (2) except as required to conform with a requirement of a regulatory agency with jurisdiction over the project, substantially departed from the specifications set out in the application without state approval of a project plan amendment or modification under AS 43.90.210;
        (3) violated any provision of this chapter or any other provision of state or federal law material to the license;
        (4) failed to accept a certificate as required under AS 43.90.200(a) or failed to sanction the project as required under AS 43.90.200(b); or
        (5) otherwise violated a material term of the license.
   (b) The commissioners shall provide written notice to the licensee identifying a license violation. The commissioners and the licensee have 90 days after the date the notice is issued to resolve the violation informally.
   (c) The commissioners may suspend disbursement of state reimbursements to the licensee beginning on the date that the notice of violation issued under (b) of this section is sent to the licensee. The commissioners may resume disbursement on the date that the commissioners determine that the violation is cured.
   (d) If the commissioners and the licensee are unable to resolve the violation within the period described in (b) of this section, the commissioners shall notify the licensee that the violation has not been cured and provide the licensee with an opportunity to be heard. If, after notice and hearing, the commissioners determine that the violation has not been cured, the commissioners shall issue a written decision that is a final administrative action for purposes of appeal to the superior court in the state.
   (e) If the determination issued under (d) of this section finds an unresolved violation, the commissioners may impose one or more of the following remedies:
        (1) discontinuation of state reimbursements under this chapter;
        (2) recoupment of state money that the licensee has received under this chapter to date, with interest, regardless of whether the licensee has expended or committed that money;
        (3) license revocation;
        (4) assignment to the state or the state's designee of all engineering designs, contracts, permits, and other data related to the project that are acquired by the licensee during the term of the license; and
        (5) any other remedies provided by law or in equity.

Notes

Implemented As

15 AAC 90.020
15 AAC 90.030
15 AAC 90.900

References

15 AAC 90.020

History

(Sec. 1 ch 22 SLA 2007)