Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 08.54.710 - Discipline of guides and transporters(a) The board may impose a disciplinary sanction in a timely manner under (c) of this section if the board finds that a licensee(1) is convicted of a violation of any state or federal statute or regulation relating to hunting or to provision of big game hunting services or transportation services;(2) has failed to file records or reports required under this chapter;(3) has negligently misrepresented or omitted a material fact on an application for any class of guide license or a transporter license; or(4) has breached a contract to provide big game hunting services or transportation services to a client.(b)[Repealed, Sec. 4 ch 49 SLA 2008].(c) The board may impose the following disciplinary sanctions, singly or in combination: (1) permanently revoke a license;(2) suspend a license for a specified period;(3) censure or reprimand a licensee;(4) impose limitations or conditions on the professional practice of a licensee;(5) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;(6) impose probation requiring a licensee to report regularly to the board on matters related to the grounds for probation;(7) impose a civil fine not to exceed $5,000.(d) The board shall permanently revoke a transporter license or any class of guide license if the board finds after a hearing that the license was obtained through fraud, deceit, or misrepresentation.(e) The board shall suspend or permanently revoke a transporter license or any class of guide license without a hearing if the court orders the board to suspend or permanently revoke the license as a penalty for conviction of an unlawful act. If the board suspends or permanently revokes a license under this subsection, the board may not also impose an administrative disciplinary sanction of suspension or permanent revocation of the same license for the same offense for which the court ordered the suspension or permanent revocation under AS 08.54.720.(f) A certified copy of a judgment of conviction of a licensee for an offense is conclusive evidence of the commission of that offense in a disciplinary proceeding instituted against the licensee under this section based on that conviction, regardless of whether the conviction resulted from a plea of nolo contendere or the conviction is under appeal, unless the conviction is overturned on appeal.(g) A person whose license is suspended or revoked under this section may not engage in the provision of big game hunting services or transportation services during the period of license suspension or revocation.(h) If the board revokes a license under this section, the person whose license has been revoked shall immediately surrender the license to the department.(i)[Repealed, Sec. 4 ch 49 SLA 2008].(j) The board may suspend or permanently revoke a transporter license or any class of guide license if the board finds after a hearing that the licensee engaged in conduct involving unprofessionalism, moral turpitude, or gross immorality.(k) The board shall revoke the master guide-outfitter license of a person (1) whose right to obtain or exercise the privileges granted by a hunting, guiding, outfitting, or transportation services license is suspended or revoked in another state or in Canada; or(2) who is convicted of a violation of any state or federal law or regulation related to hunting or the provision of big game hunting or transportation services for which (A) the person is imprisoned for more than one day; or(B) an unsuspended fine of more than $1,500 is imposed.(l) The board may issue a registered guide-outfitter license to a person whose master guide-outfitter license is revoked under (k) of this section.Amended by SLA 2021, ch. 19,sec. 2, eff. 7/14/2021 and retroactive to 9/14/2019.Amended by SLA 2019, ch. 26,sec. 5, eff. 9/13/2019.Amended by SLA 2012, ch. 73,sec. 5, eff. 4/1/2013.