12 Alaska Admin. Code § 36.320

Current through October 17, 2024

Section 12 AAC 36.320 - Disciplinary guidelines

(a) Nothing in this section prohibits the board from imposing greater or lesser penalties than those described, depending on the circumstances of a particular case.

(b) The board will, in its discretion, issue a public reprimand in connection with a disciplinary action taken under AS 08.48 and this chapter.

(c) The board will, in its discretion, revoke a registration or certificate in cases of

(1) gross negligence;

(2) incompetence that caused the life, health, or safety of a member of the public to be placed in jeopardy of death or injury;

(3) fraud or deceit in obtaining or attempting to obtain a registration or certificate.

(d) The board will, in its discretion, suspend a registration or certificate for up to three years, followed by probation if the board considers it appropriate in cases of

(1) incompetence that caused property to be placed in jeopardy of loss or injury;

(2) incompetence that caused the design or engineering of a project to be unusable or unsafe;

(3) incompetence that caused a land survey to be unusable; or

(4) incompetence that caused undue harm.

(e) The board, in its discretion, will suspend a registration or certificate for up to two years in cases of

(1) incompetence involving violation of AS 08.48 and 12 AAC 36; or

(2) misconduct that caused undue harm by action or nonaction.

(f) The board will, in its discretion, suspend a registration or certificate for up to one year in cases of misconduct which caused no undue harm.

(g) The board may impose a disciplinary sanction if, after registration in this state, the registrant has had a disciplinary action taken with respect to a license, registration, or certificate to practice engineering, architecture, land surveying, or landscape architecture in another state or territory of the United States, or a province or territory of Canada, unless such action was caused by the failure of the registrant to pay fees to that state, territory, or province.

(h) In a board proceeding involving a disciplinary sanction under (g) of this section, certified copies of the final findings of fact, conclusions of law, an order of the authority taking the prior disciplinary action is prima facie evidence of the disciplinary action taken and the grounds for such action.

12 AAC 36.320

Eff. 8/29/87, Register 103; am 1/20/2002, Register 161

Authority:AS 08.48.101

AS 08.48.111