(a) If, in a proceeding to suspend or revoke a license, endorsement, or permit under Alaska Stat. § 04.11.370 (a)(5), the board finds that a sentencing report, record of conviction, or judgment sent to the board under Alaska Stat. § 12.55.025 (b) or a report prepared by the investigating or arresting officers in connection with the violation, contains information that if uncontradicted or unexplained would provide a ground for suspension or revocation under Alaska Stat. § 04.11.370 (a)(5), the licensee or permittee has the burden of proof to establish that the licensee or permittee neither knowingly allowed the violation nor recklessly or with criminal negligence failed to act in accordance with the duty prescribed under Alaska Stat. § 04.21.030.
Terms Used In Alaska Statutes 04.11.535 v2
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conviction: A judgement of guilt against a criminal defendant.
(b) If the board suspends or revokes a license on grounds that a licensee knowingly allowed or recklessly or with criminal negligence failed to act in accordance with the duty prescribed under Alaska Stat. § 04.21.030 resulting in unlawful action of an agent or employee, the board shall file a criminal complaint charging the licensee with violation of Alaska Stat. § 04.16.150.
