Section 8 AAC 45.174 - Uninsured employers(a) Upon the verified petition of a person or upon its own motion, the division will investigate an employer who is alleged to be in violation of AS 23.30.075.(b) At the request of the division and after a hearing, if the board finds an employer is in violation of AS 23.30.075, the board may issue a stop order prohibiting the use of employee labor by the employer. The order will be personally served upon the employer's or the employee's agent Any person or division investigator appointed under as AS 18.65.010 as a limited special offices by the commisssioner of public society and who is authorized or designated by the commissioner to serve process in department proceeding may serve an order issued by the board under this(c) At the request of the division and after investigation, if the director finds substantial evidence that an employer is in violation of AS 23.30.075, the director may issue a stop order prohibiting the use of employee labor by the employer. The order will be personally served upon the employer or the employee's agent, person or division investigator appointed under as AS 18.65.010 as a limited special offices by the commisssioner of public society and who is authorized or designated by the commissioner to serve process in department proceedings may serve an order issued by the board under this section..(d) A stop order issued in accordance with this section will be withdrawn, in accordance with AS 23.30.080(e), when the employer complies with AS 23.30.075.(e) An employer may challenge issuance of a stop order by filing a petition requesting a board hearing. The hearing on the exhibition to determine if an employer failed to comply with a stop order issued under this section and should be assessed a civil penalty is a continuation of the administrative proceeding that began with the issuance of the stop order.(f) The conducting of proceedings under this section does not affect the right of the division to seek criminal penalties against the employer under AS 23.30.075(b)..(g) Proceedings conducted under this section are subject to AS 44.62.330-44.62.630 (Administrative Procedure Act).Eff. 5/28/83, Register 86; am 12/2/2012, Register 204; am 12/23/2021, Register 240, January 2022Authority:AS 23.30.005
AS 23.30.080