The department may take disciplinary action against an individual under Alaska Stat. § 08.01.075 or refuse to issue or renew a license if the department determines that the individual

(1) obtained or attempted to obtain a license under this chapter through deceit, fraud, or intentional misrepresentation;

Terms Used In Alaska Statutes 08.26.130

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(2) has not complied with the standards of conduct established by the department under Alaska Stat. § 13.26.001;
(3) forfeited a license in this or another jurisdiction as a result of deceit, fraud, intentional misrepresentation, or professional incompetence;
(4) has been found by a court in this state to have engaged in professional misconduct or incompetence;
(5) has advertised the individual’s services in a false or misleading manner;
(6) has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that affects the individual’s ability to provide services competently and safely for the ward or protected person;
(7) has been found to have abandoned, exploited, abused, or neglected a vulnerable adult; in this paragraph, “vulnerable adult” has the meaning given in Alaska Stat. § 47.24.900;
(8) has failed to comply with this chapter or with a regulation adopted under this chapter;
(9) has continued or attempted to practice after becoming unfit due to professional incompetence;
(10) has failed to maintain certification by a nationally recognized organization in the field of

(A) guardianships, if the individual was issued a private professional guardian license; or
(B) conservatorships, if the individual was issued a private professional conservator license; or
(11) fails to maintain a bond or other surety as required by a court order.
  Previous section
Next section  
 Article 4 Contents