(a) If a final judgment impairs the liability of the surety upon the bond or depletes the cash deposits or other security so that there is not in effect the bond, undertaking, cash deposit, or other security in the full amount prescribed in Alaska Stat. § 44.25.040, the license of the fish processor or primary fish buyer shall be suspended until the liability in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.
Terms Used In Alaska Statutes 44.25.042
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
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
(b) If a bonding company cancels its bond of a fish processor or primary fish buyer, the fish processor’s or primary fish buyer’s license shall be revoked. The fish processor or primary fish buyer may again obtain a license by complying with the requirements of Alaska Stat. § 44.25.040.(c) If a licensed fish processor or primary fish buyer fails to fulfill the obligations as set out in Alaska Stat. § 44.25.040, the license of the processor or buyer shall be suspended for a period of time the commissioner determines is appropriate. After three suspensions the license may be permanently revoked.(d) Proceedings to suspend or revoke a license are governed by Alaska Stat. Chapter 44.62 (Administrative Procedure Act).(e) If the commissioner determines that a fish processor or primary fish buyer is acting in violation of Alaska Stat. § 44.25.040, the commissioner shall give written notice prohibiting further action by the person as a fish processor or primary fish buyer. The prohibition continues until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.(f) A person affected by an order issued under Alaska Stat. § 44.25.040 and this section may seek equitable relief preventing the commissioner from enforcing the order.(g) In an action instituted in the superior court by the commissioner or a representative of the commissioner, a person acting in the capacity of a fish processor or primary fish buyer in violation of Alaska Stat. § 44.25.040 may be enjoined from acting as a fish processor or primary fish buyer.(h) If the commissioner determines under Alaska Stat. § 44.25.040(j) that a claim filed under Alaska Stat. § 44.25.040(i) is sufficient to allow collection against the performance bond filed under Alaska Stat. § 44.25.040, the fish processor’s or primary fish buyer’s license shall be suspended until the amount of the claim under Alaska Stat. § 44.25.040(i) is paid in full and the performance bond is replenished.
