Section 3 AAC 306.836 - Probation(a) In a disciplinary decision on a notice of violation or suspension order, the board may place a license, permit, or endorsement on probation for a period of no greater than three years. To ensure good faith performance of all obligations by a party while under probation, the board may suspend any portion of time of suspension or civil I fines owed.(b) The director may file a probation violation at their discretion. To initiate a probation violation, the director shall detail in a written communication to the board (1) a description of the circumstances that support that request;(2) a statement of statutes, regulations, or local laws that were violated;(3) prior violations or criminal history of the licensee and any violations recorded on the licensed premises;(4) a recommendation of the amount of unsuspended time or fines to levy; and(5) the signature of the investigator from the office.(c) The written communication described in (b) of this section must be documented in the licensee's enforcement file maintained by the director. A copy of the communication must be delivered to the licensee, filed with the board, and, if applicable, delivered to the appropriate law enforcement agency.(d) An aggrieved party may contest a probation violation or the recommended disciplinary action issued under (a) of this section as an appealed director's decision by filing a written response to the director not later than 10 days after the licensee's receipt of the notice. If the licensee does not contest the violation and sanction, the director shall impose the violation and sanction.(e) If the aggrieved party contests the probation violation, the board will consider the violation at its next regularly scheduled meeting. At that meeting the director shall present information and witnesses sufficient to prove to the satisfaction of the board that the violation occurred and the recommended unsuspended time or fine is consistent with board precedent. The licensee may present information and witnesses to contest the probation violation and rebut the director's presentation.(f) Following the presentation described in (e) of this section, the board shall determine whether there is substantial evidence to uphold the probation violation, and if so, determine whether the penalty imposed by the director is appropriate. The board may vacate the probation violation, decrease the recommended disciplinary action, or order additional disciplinary action, including a request that the director prepare an accusation for suspension or revocation of the license.(g) A decision by the board related to a notice of violation, civil fine, or other disciplinary action, excluding a request that the director prepare an accusation for suspension or revocation of a license, may be appealed to the superior court under AS 44.62.560.(h) Nothing in this section limits the authority of the board to suspend or revoke a license for a violation of AS 17.38 or this chapter.Eff. 7/23/2023, Register 247, October 2023Authority:AS 17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.131
AS 17.38.150
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AS 17.38.900