SCS CSHB 457(JUD): "An Act relating to the unlicensed practice of certain occupations for which licenses are required."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 457(JUD)                                                                            
01 "An Act relating to the unlicensed practice of certain occupations for which                                            
02 licenses are required."                                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 08.01 is amended by adding a new section to read:                                                   
05  Sec. 08.01.089.  CIVIL PENALTY FOR UNLICENSED PRACTICE.  (a)  In                                                      
06 addition to any other provision of law, if a person practices or offers to practice an                                  
07 occupation in this state that is regulated under this title by a board listed in                                        
08 AS 08.01.010 or AS 08.03.010(c) or by the department without being licensed in                                          
09 accordance with the provisions of this title, the department may enter an order                                         
10 imposing a civil penalty.                                                                                               
11  (b)  A civil penalty imposed under this section may not exceed $5,000 for each                                        
12 offense.  The department shall set the amount of the penalty after taking into account                                  
13 appropriate factors, including the seriousness of the violation, the economic benefit                                   
14 resulting from the violation, the history of violations, and other matters the department                               
01 considers appropriate.                                                                                                  
02  (c)  Before issuing an order under this section, the department shall provide the                                     
03 person written notice and the opportunity to request, within 30 days of issuance of                                     
04 notice by the department, a hearing on the record.                                                                      
05  (d)  In connection with proceedings under (a) - (c) of this section, the                                              
06 department may issue subpoenas to compel the attendance and testimony of witnesses                                      
07 and the disclosure of evidence, and may request the attorney general to bring an action                                 
08 to enforce a subpoena.                                                                                                  
09  (e)  A person aggrieved by the imposing of a civil penalty under this section                                         
10 may file an appeal with the superior court for judicial review of the penalty under                                     
11 AS 44.62.560.                                                                                                           
12  (f)  If a person fails to pay a civil penalty within 30 days after entry of an order                                  
13 under (a) of this section, or if the order is stayed pending an appeal, within 10 days                                  
14 after the court enters a final judgment in favor of the department of an order appealed                                 
15 under (e) of this section, the department shall notify the attorney general.  The attorney                              
16 general may commence a civil action to recover the amount of the penalty.                                               
17  (g)  An action to enforce an order under this section may be combined with an                                         
18 action for an injunction under AS 08.01.087.                                                                            
19  (h)  The department may not impose a fine under this section for an act for                                           
20 which a fine has already been imposed by a board listed in AS 08.01.010 or                                              
21 AS 08.03.010(c).                                                                                                        
22  (i)  Notwithstanding other provisions of this section and the definition of                                           
23 "license" in AS 08.01.110, the department may not impose a civil penalty under this                                     
24 section based solely on a person's failure to have a business license required under                                    
25 AS 43.70.                                                                                                               
26    * Sec. 2.  APPLICABILITY.  This Act applies to violations of AS 08 that occur on or after                            
27 the effective date of this Act.