HB 457: "An Act relating to the unlicensed practice of certain occupations for which licenses are required."
00HOUSE BILL NO. 457 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 or by the 08 department without being licensed in accordance with the provisions of this title, the 09 department may enter an order imposing a civil penalty. 10 (b) A civil penalty imposed under this section may not exceed $5,000 for each 11 offense. The department shall set the amount of the penalty after taking into account 12 appropriate factors, including the seriousness of the violation, the economic benefit 13 resulting from the violation, the history of violations, and other matters the department 14 considers appropriate.
01 (c) Before issuing an order under this section, the department shall provide the 02 person written notice and the opportunity to request, within 30 days of issuance of 03 notice by the department, a hearing on the record. 04 (d) In connection with proceedings under (a) - (c) of this section, the 05 department may issue subpoenas to compel the attendance and testimony of witnesses 06 and the disclosure of evidence, and may request the attorney general to bring an action 07 to enforce a subpoena. 08 (e) A person aggrieved by the imposing of a civil penalty under this section 09 may file an appeal with the superior court for judicial review of the penalty under 10 AS 44.62.560. 11 (f) If a person fails to pay a civil penalty within 30 days after entry of an order 12 under (a) of this section, or if the order is stayed pending an appeal, within 10 days 13 after the court enters a final judgment in favor of the department of an order appealed 14 under (e) of this section, the department shall notify the attorney general. The attorney 15 general may commence a civil action to recover the amount of the penalty. 16 (g) An action to enforce an order under this section may be combined with an 17 action for an injunction under AS 08.01.087. 18 (h) The department may not impose a fine under this section for an act for 19 which a fine has already been imposed by a board under this title. 20 * Sec. 2. APPLICABILITY. This Act applies to violations of AS 08 that occur on or after 21 the effective date of this Act.