Section 44.25.042. Suspension and revocation of license.

   (a) If a final judgment impairs the liability of the surety upon the bond or depletes the cash deposits or other security so that there is not in effect the bond, undertaking, cash deposit, or other security in the full amount prescribed in AS 44.25.040, the license of the fish processor or primary fish buyer shall be suspended until the liability in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.
   (b) If a bonding company cancels its bond of a fish processor or primary fish buyer, the fish processor's or primary fish buyer's license shall be revoked. The fish processor or primary fish buyer may again obtain a license by complying with the requirements of AS 44.25.040.
   (c) If a licensed fish processor or primary fish buyer fails to fulfill the obligations as set out in AS 44.25.040, the license of the processor or buyer shall be suspended for a period of time the commissioner determines is appropriate. After three suspensions the license may be permanently revoked.
   (d) Proceedings to suspend or revoke a license are governed by AS 44.62 (Administrative Procedure Act).
   (e) If the commissioner determines that a fish processor or primary fish buyer is acting in violation of AS 44.25.040, the commissioner shall give written notice prohibiting further action by the person as a fish processor or primary fish buyer. The prohibition continues until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.
   (f) A person affected by an order issued under AS 44.25.040 and this section may seek equitable relief preventing the commissioner from enforcing the order.
   (g) In an action instituted in the superior court by the commissioner or a representative of the commissioner, a person acting in the capacity of a fish processor or primary fish buyer in violation of AS 44.25.040 may be enjoined from acting as a fish processor or primary fish buyer.
   (h) If the commissioner determines under AS 44.25.040(j) that a claim filed under AS 44.25.040(i) is sufficient to allow collection against the performance bond filed under AS 44.25.040, the fish processor's or primary fish buyer's license shall be suspended until the amount of the claim under AS 44.25.040(i) is paid in full and the performance bond is replenished.

Notes

History

(E.O. No. 85 Sec. 3 (1993); am Sec. 5 ch 24 SLA 2005)