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HB 255: "An Act relating to individuals and employees who must have certificates of fitness to perform certain plumbing and electrical work; and relating to civil penalties and violations for not having required certificates of fitness."

00                             HOUSE BILL NO. 255                                                                          
01 "An Act relating to individuals and employees who must have certificates of fitness to                                  
02 perform certain plumbing and electrical work; and relating to civil penalties and                                       
03 violations for not having required certificates of fitness."                                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 18.62.010 is repealed and reenacted to read:                                                       
06 Sec. 18.62.010. Certificate of fitness required. (a) Except as provided by (c)                                        
07 of this section, an individual may not perform work that is subject to the standards                                    
08 established in AS 18.60.580 or 18.60.705 without having a certificate of fitness to                                     
09       perform the work.                                                                                                 
10            (b)  Except as provided by (c) of this section, an employer may not use an                                   
11       employee to perform work that is subject to the standards established in AS 18.60.580                             
12       or 18.60.705 unless the employee has a certificate of fitness to perform the work.                                
13            (c)  An employee of an electric utility that does not have within its service area                           
14       a portion of a municipality that has a population of more than 2,500 is not required to                           
01       have a certificate of fitness to perform work for the electric utility that is subject to the                     
02       standards established in AS 18.60.580 or 18.60.705.                                                               
03    * Sec. 2. AS 18.62.070 is amended to read:                                                                         
04 Sec. 18.62.070. Individuals [PERSONS] required to obtain certificate.                                               
05 Before engaging [A PERSON ENGAGED] in one of the following activities, an                                       
06 individual [TRADES] shall [FIRST] obtain from the department the appropriate                                        
07       certificate of fitness in that activity [TRADE]:                                                            
08                 (1)  electrical wiring subject to the standards established in                                          
09       AS 18.60.580; and                                                                                                 
10 (2)  plumbing subject to the uniform plumbing code; in this paragraph,                                                  
11 "uniform plumbing code" means the minimum plumbing code adopted for the state                                           
12       under AS 18.60.705.                                                                                               
13    * Sec. 3. AS 18.62.080 is amended to read:                                                                         
14 Sec. 18.62.080. Penalty. A person [, EITHER AN EMPLOYER OR                                                            
15 EMPLOYEE,] who violates a provision of this chapter or of a regulation adopted                                          
16 under this chapter is guilty of a violation [MISDEMEANOR] and shall be punished                                 
17 as provided by AS 12.55 [, UPON CONVICTION, IS PUNISHABLE BY A FINE                                                 
18       OF NOT MORE THAN $500].                                                                                           
19    * Sec. 4. AS 18.62 is amended by adding new sections to read:                                                      
20 Sec. 18.62.090. Issuance of citations. If the department has probable cause to                                        
21 believe that a person has violated a provision of this chapter or a regulation adopted                                  
22 under AS 18.62.060, the department may issue the person a citation. Each day a                                          
23 violation continues after the department issues a citation constitutes a separate                                       
24       violation.                                                                                                        
25 Sec. 18.62.100. Citation procedure. (a) A citation issued under AS 18.62.090                                          
26 must comply with AS 12.25.175 - 12.25.230. A person who receives a citation under                                       
27       AS 18.62.090 is not required to sign a notice to appear in court.                                                 
28 (b)  The time specified in the notice to appear in court on a citation issued                                           
29 under AS 18.62.090 must be at least five working days after the department issues the                                   
30       citation.                                                                                                         
31 (c)  The department is responsible for the issuance of books containing                                                 
01 appropriate citations and shall maintain a record of each book issued and each citation                                 
02 contained in the book. The department shall require and retain a receipt for every book                                 
03       issued to an employee of the department.                                                                          
04 (d)  The department shall deposit the original or a copy of the citation with a                                         
05 court having jurisdiction over the alleged offense. When deposited with the court, the                                  
06 citation may be disposed of only by trial in the court or other official action taken by                                
07 the magistrate, judge, or prosecutor. The department may not dispose of the citation or                                 
08 copies of it or of the record of its issuance except as required under this subsection and                              
09       (e) of this section.                                                                                              
10 (e)  The department shall require the return of a copy of every citation issued                                         
11 by the department under AS 18.62.090 and of all copies of every citation that have                                      
12 been spoiled or on which an entry has been made and not issued to an alleged violator.                                  
13 The department shall maintain, in connection with every citation issued by the                                          
14 department, a record of the disposition of the charge by the court where the citation                                   
15       was deposited.                                                                                                    
16 (f)  A citation issued under this chapter is considered to be a lawful complaint                                        
17       for the purpose of prosecution.                                                                                   
18 Sec. 18.62.110. Civil penalty. (a) In addition to receiving a citation under                                          
19       AS 18.62.090, if                                                                                                  
20 (1)  an individual violates AS 18.62.010(a), the individual is subject to                                               
21 a civil penalty of not more than $125 for the first violation and not more than $250 for                                
22       a second or subsequent violation;                                                                                 
23 (2)  an employer violates AS 18.62.010(b), the employer is subject to a                                                 
24 civil penalty of not more than $250 for the first violation and not more than $500 for a                                
25       second or subsequent violation.                                                                                   
26 (b)  The department shall issue a written notice of a civil penalty imposed                                             
27 under (a) of this section. The notice must be accompanied by a statement of the                                         
28 reasons for the civil penalty and information regarding the opportunity to contest the                                  
29 civil penalty, including the opportunity to request a hearing, the contact information                                  
30       for making the request, and the date by which the request is to be made.                                          
31 (c)  If a person who is issued a notice of a civil penalty under (b) of this section                                    
01 fails to request a hearing within 30 days after the date on which the person receives the                               
02 notice, the person waives the right to a hearing, and the person may not obtain judicial                                
03 review of the civil penalty. A request for a hearing must be in writing and clearly state                               
04 the issues to be raised at the hearing. The department shall schedule a hearing before a                                
05       hearing officer not earlier than 10 days after receiving the request for a hearing.                               
06            (d)  A decision of a hearing officer under (c) of this section is a final                                    
07       administrative decision subject to review by a superior court under AS 44.62.305                                  
08       (Administrative Procedure Act).                                                                                   
09            Sec. 18.62.190. Definitions. In this chapter,                                                              
10                 (1)  "certificate" or "certificate of fitness" means a certificate of fitness                           
11       required by AS 18.62.070;                                                                                         
12                 (2)  "department" means the Department of Labor and Workforce                                           
13       Development.