18 Alaska Admin. Code § 31.915

Current through December 21, 2024

Section 18 AAC 31.915 - Civil fines

(a) The department may, without prior warning, notice, or hearing, assess a civil fine of not more than $1,000 for each violation for a serious or repeat violation of this chapter as listed in Table K of this subsection.

TABLE K

SCHEDULE OF FINES

VIOLATION AMOUNT FOR

FIRST

OFFENSE AMOUNT FOR

SECOND

OFFENSE AMOUNT FOR

THIRD AND

SUBSEQUENT

OFFENSES Operating without a

permit in violation

of 18 AAC 31.0202 times the amount

of the annual

permit fee specified

in 18 AAC 31.0502 times the amount

of the annual

permit fee specified

in 18 AAC 31.0502 times the amount

of the annual

permit fee specified

in 18 AAC 31.050 Labeling,

placarding, or

consumer advisories

not provided in

violation of 18 AAC

31.060 $250 $500 $1,000 Food is from an

unapproved source

in violation of 18 AAC

31.200 $250 $500 $1,000 Food sold, served,

or used in the

establishment is

unwholesome,

adulterated, or not

safe for human

consumption in

violation of

AS 17.20.020 or

17.20.030, or

18 AAC 31.200 $250 $500 $1,000 Food and food

preparation for a

highly susceptible

population not

modified where

required in

violation of 18 AAC

31.215 $250 $500 $1,000 Ready-to-eat food not

protected from

contamination from

raw food in violation

of 18 AAC 31.221 $250 $500 $1,000 Handling ready-to-eat

food with bare hands

in violation of

18 AAC 31.220 $250 $500 $1,000 Potentially hazardous

food not cooked,

cooled, or held

during receiving,

storage, preparation,

processing, display,

service, or

transportation at

required temperatures

and times of violation

of 18 AAC 31.230 -

18 AAC 31.234 $250 $500 $1,000 Potentially hazardous

food not discarded

as required where

time is used as a

public health control

in violation of

18 AAC 31.236 $250 $500 $1,000 Re-service of

potentially hazardous

food or unwrapped

food that has

previously been

served or sold to

a consumer in

violation of

18 AAC 31.226 $250 $500 $1,000 An employee who

has a condition

described in

18 AAC 31.300

handles food $250 $500 $1,000 A person working

in a food

establishment

is not practicing

strict standards

of cleanliness

or personal

hygiene, including

handwashing, in

violation of

18 AAC 31.310 or

18 AAC 31.315,

the results of

which might be a

foodborne illness $250 $500 $1,000 Handwashing facilities

not installed,

maintained, or

accessible in

violation of

18 AAC 31.416 or

18 AAC 31.525 $250 $500 $1,000 Food-contact

surfaces are not

washed, rinsed, or

sanitized effectively

in violation of

any provision of

18 AAC 31.422 -

18 AAC 31.424 $250 $500 $1,000 Water is from an

unapproved public

water system if the

system is required

to be approved,

or water is not

potable in violation

of 18 AAC 31.500 $250 $500 $1,000 A water system does

not provide hot

and cold running

water under pressure

as required by

this chapter, or has

a cross-connection

with a nonpotable

supply or a back

siphonage potential $250 $500 $1,000 Sewage or liquid

waste not disposed

of in an approved

manner in

violation of

18 AAC 31.510 $250 $500 $1,000 Insects, rodents, or

other prohibited

animals are on

the premises in

violation of

18 AAC 31.535 or

18 AAC 31.575 $150 $300 $600 Poisonous or

toxic material

improperly labeled,

stored, or used

in violation of

18 AAC 31.570 $250 $500 $1,000 A HACCP plan

is not provided

as required in

violation of

18 AAC 31.260 $250 $500 $1,000 Standard operating

procedures or self-

assessments are not

implemented or

conducted where

required in

violation of 18 AAC

31.902 $250 $500 $1,000 A violation of another

requirement of

18 AAC 31 not

listed above $0 $200 $400

(b) For the purpose of determining whether a civil fine is assessed under this section, the department will consider aggravating or mitigating factors, including

(1) the history of previous violations by the operator or establishment;

(2) the seriousness of the violation, including actual or potential hazard to the health and safety of the public;

(3) whether the violation occurred due to negligence or intentional conduct;

(4) whether the operator has demonstrated good faith efforts to achieve rapid compliance after notification of a violation, including the operator's current status of compliance and the number of continuing violations;

(5) the actual or potential economic gain to the operator by violating a provision of this chapter;

(6) enforcement costs incurred by the department relating to the violation; and

(7) payment of civil fines previously assessed for same violation.

(c) After the department assesses a civil fine under this section, the operator may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under AS 44.62 (Administrative Procedure Act). An adjudicatory hearing may be requested by submitting a request to the commissioner not later than 30 days after the notice of assessment of the civil fine. Upon receipt of a timely request for an adjudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who assessed the civil fine.

18 AAC 31.915

Eff. 12/28/2006, Register 180; am 11/5/2017, Register 224, January 2018; am 6/25/2020, Register 234, July 2020

Authority:AS 17.20.005

AS 17.20.072

AS 17.20.180

AS 17.20.190

AS 17.20.315

AS 17.20.365

AS 44.46.020