(a) The commission may revoke, suspend, or transfer all entry or interim-use permits held by a person who knowingly provides or assists in providing false information, or fails to correct false information provided to the commission for the purpose of obtaining a benefit for self or another, including the issuance, renewal, duplication, or transfer of an entry or interim-use permit, or vessel license. The commission may suspend that person’s eligibility to hold an entry or interim-use permit for a period not to exceed three years, and may impose an administrative fine of not more than $5,000 on the person. The commission may also impose an administrative fine of not more than $5,000 on an entity whose officers, employees, representatives, or agents knowingly provide or assist in providing false information, or fail to correct false information provided, to the commission for the purpose of obtaining a benefit.
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Terms Used In Alaska Statutes 16.43.960

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • writing: includes printing. See Alaska Statutes 01.10.060
(b) The commission shall serve the respondent personally or by certified or registered mail with a notice to show cause why the proposed action should not take place. The notice to show cause must

(1) be supported by an affidavit, which may be made on information or belief, setting out the facts that are the basis of the proposed actions;
(2) provide for a least 30 days’ notice of the place, date, and time of the hearing where the respondent may present evidence in opposition to the proposed action; unless waived in writing by the respondent, the hearing shall be held within the judicial district in which the respondent resides if the respondent resides in the state; the hearing place shall be at the discretion of the commission for those respondents residing outside the state;
(3) specify the statutes or regulations violated;
(4) state with particularity the action proposed to be taken;
(5) indicate to the respondent that the respondent’s ability to permanently transfer the permits that are the subject of the show cause proceedings has been suspended as of the date of the notice and will continue to be suspended until the exhaustion of all administrative and judicial remedies; and
(6) provide other information the commission considers proper.
(c) A permit subject to show cause proceedings under this section may not be transferred after the date of the notice in (b) of this section pending exhaustion of all administrative and judicial remedies arising from action taken under this section.
(d) Except when there is a vacancy as provided in Alaska Stat. § 16.43.030(c), the show cause hearing shall be conducted before a quorum of commissioners and shall be presided over by a hearing officer appointed by the commission who shall rule on the presentation of evidence and other procedural matters. Hearings shall be conducted in accordance with regulations adopted under Alaska Stat. § 16.43.110(b).
(e) The failure of a respondent properly served under (b) of this section to appear at the hearing is not grounds for setting aside any commission action taken. However, the commission may in its discretion order a continuance or second hearing.
(f)[Repealed, Sec. 8 ch 22 SLA 1985.]
(g) The provisions of this section apply to conduct occurring after January 1, 1973, but do not affect a permit held by a person who is a bona fide purchaser. Failure to correct false information is a continuing offense.
(h) Judicial review of commission determinations under this section is in accordance with Alaska Stat. § 44.62.560 – 44.62.570; however, if a hearing de novo is granted under Alaska Stat. § 44.62.570(d), the hearing may, in the discretion of the court, be had with a jury sitting if application for the jury hearing is filed with the court no later than 10 days after service of the notice of appeal.
(i) An entry permit revoked by the commission under this section that is pledged as security for a loan under Alaska Stat. § 16.10.333 or Alaska Stat. § 44.81.231 shall be reassigned or sold as provided in Alaska Stat. § 16.10.337 or Alaska Stat. § 44.81.250.
(j) The commission shall immediately cancel a limited entry permit card issued to a debtor under a loan made under Alaska Stat. § 16.10.300 – 16.10.370 when the commission receives a certificate of loan termination containing a copy of the

(1) notice required by Alaska Stat. § 16.10.335(a); or
(2) notice that, if the debtor has filed bankruptcy, the automatic stay issued is no longer in effect and the debtor has not reaffirmed the debt.
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