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- Alaska Statutes.
- Title 8. Business and Professions
- Chapter 88. Real Estate Brokers and Other Licensees
- Section 465. Consideration of Application.
previous: Section 460
. Claim For Payment.
next: Section 470
. Findings and Payment.
AS 08.88.465. Consideration of Application.
- (a) Upon receipt of a claim for reimbursement, the commission may, in considering whether a claim should be granted,
- (1) take and hear evidence pertaining to the claim;
- (2) administer oaths and affirmations;
- (3) compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the
- (4) engage the services of an investigator, accountant, or other expert necessary to process the claim.
- (b) A certified or authenticated copy of a record, including a transcript of testimony, of a hearing held under AS 08.88.071
(a)(3) in which fraud, misrepresentation, deceit, or conversion of trust funds or the conversion of community
association accounts under the control of a community association manager on the part of a real estate licensee is
established may constitute sufficient evidence to support a finding that a claim should be paid.
- (c) Before the commission finds that payment should be made from the real estate surety fund, each real estate licensee
against whom the claim is made shall be afforded an opportunity to file with the commission, within 10 days after
receipt of notification of the claim under AS 08.88.460
(b), either a written statement in opposition to the claim or an application for the presentation of additional
- (d) The claimant bears the burden of proof of establishing that the claimant suffered losses in a real estate transaction
as a result of fraud, misrepresentation, deceit, or the conversion of trust funds or the conversion of community
association accounts under the control of a community association manager on the part of a real estate licensee and the
extent of those losses. All facts shall be established by a preponderance of the evidence.
- (e) The commission may postpone consideration of a claim until after a hearing under AS 08.88.071
(a)(3) or until after a pending or contemplated court proceeding is completed.
- (f) The provisions of this section do not apply to a claim that is dismissed under AS 08.88.460
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