CSHB 276(JUD): "An Act relating to business license endorsements for tobacco products, to holders of business license endorsements for tobacco products, and to the employees and agents of holders of business license endorsements for tobacco products."
00 CS FOR HOUSE BILL NO. 276(JUD) 01 "An Act relating to business license endorsements for tobacco products, to holders of 02 business license endorsements for tobacco products, and to the employees and agents of 03 holders of business license endorsements for tobacco products." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 43.70.075(d) is amended to read: 06 (d) If a person who holds an endorsement issued under this section, or an 07 agent or an employee of a person who holds an endorsement issued under this section 08 acting within the scope of the agency or employment, has been convicted of violating 09 AS 11.76.100, 11.76.106, or 11.76.107, the department 10 (1) may, after a hearing under (t) of this section, [SHALL] suspend 11 the endorsement for up to [A PERIOD OF 12 (1)] 20 days and impose a civil penalty of not more than $750 [$300] 13 if the person has not been previously convicted of violating AS 11.76.100, 11.76.106, 14 or 11.76.107 [AND IS NOT OTHERWISE SUBJECT TO THE SANCTIONS
01 DESCRIBED IN (2) - (4) OF THIS SUBSECTION]; 02 (2) shall suspend the endorsement for 45 days and impose a civil 03 penalty of $500 if, within the 24 months before the date of the department's notice 04 under (m) of this section, the person, or an agent or employee of the person while 05 acting within the scope of the agency or employment of the person, was convicted 06 once of violating AS 11.76.100, 11.76.106, or 11.76.107; 07 (3) shall suspend the endorsement for 90 days and impose a civil 08 penalty of $1,000 if, within the 24 months before the date of the department's notice 09 under (m) of this section, the person, or an agent or employee of the person while 10 acting within the scope of the agency or employment of the person, was convicted 11 twice of violating AS 11.76.100, 11.76.106, or 11.76.107, or a provision of this 12 section or a regulation implementing this section adopted under AS 43.70.090; or 13 (4) shall suspend the endorsement for one year and impose a civil 14 penalty of $2,500 if, within the 24 months before the date of the department's notice 15 under (m) of this section, the person, or an agent or employee of the person while 16 acting within the scope of the agency or employment of the person, was convicted 17 more than twice of violating AS 11.76.100, 11.76.106, or 11.76.107. 18 * Sec. 2. AS 43.70.075(n) is amended to read: 19 (n) The commissioner may 20 (1) adopt the proposed decision of a hearing officer under this section; 21 (2) remand the matter for further proceedings; or 22 (3) reject the proposed decision, review the record, and issue a 23 decision under this section based on the record. 24 * Sec. 3. AS 43.70.075 is amended by adding a new subsection to read: 25 (t) Notwithstanding (m) of this section, this subsection governs the imposition 26 on a person by the department of the business license endorsement suspension and 27 civil penalty under (d)(1) of this section. The department shall, on request of either 28 party, conduct a hearing on the imposition of the suspension and civil penalty and 29 shall initiate the hearing by sending the person a notice by certified mail, return receipt 30 requested, or by delivering the notice to the person. The notice must inform the person 31 of the grounds for the suspension and the penalty, the length of the suspension that
01 may be imposed, and the amount of the penalty that may be imposed. The office of 02 administrative hearings (AS 44.64.010) shall set the date and time of the hearing and 03 notify the parties. A hearing officer of the office of administrative hearings 04 (AS 44.64.010) shall determine the issues by using the preponderance of the evidence 05 test and shall, to the extent the department's regulations do not conflict with 06 regulations adopted under AS 44.64.060, conduct the hearing in the manner provided 07 by regulations of the department. When making a decision under this subsection about 08 the imposition or duration of the suspension or the imposition or amount of the civil 09 penalty, the hearing officer shall consider 10 (1) whether the person had, on or before the date the department 11 initiates the hearing under this subsection, an education, compliance, and disciplinary 12 program in effect to ensure compliance with this section, AS 11.76.100, 11.76.106, 13 and 11.76.107; 14 (2) the nature, scope, and extent of the program described in (1) of this 15 subsection; and 16 (3) mitigating factors presented by the person.