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- Alaska Statutes.
- Title 14. Education, Libraries, and Museums
- Chapter 43. Financial Aid Programs For Postsecondary Students
- Section 148. Nonrenewal of License.
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. Order to Withhold and Deliver.
next: Section 149
AS 14.43.148. Nonrenewal of License.
- (a) Notwithstanding any other provision of law, a licensing entity may not renew a license issued to a borrower if the
licensing entity has received notice from the commission that the licensee is in default on a loan made by the
commission. If the licensee has appealed the determination of default status, the commission shall notify the licensing
entity and renewal may not be denied under this section unless and until the appeal has been concluded and the default
status affirmed. Unless a temporary license is issued under (c) of this section, the denial of renewal is effective at
the beginning of that renewal period. Denial of renewal of a license shall continue until the licensing entity receives
notice of a release from the commission. If a license is denied under this section, the licensing entity shall refund
the renewal fee less the temporary license fee, if any.
- (b) The licensing entity shall provide written notice of the denial of renewal of the license by giving written notice to
the licensee or sending the notice to the licensee's last known mailing address on file with the licensing entity. The
licensing agency shall include with the notice a form to request review under (d) of this section; the form must
include the commission's address and telephone number. The notice must inform the licensee of the temporary license
granted under (c) of this section if the applicant is otherwise eligible and that, upon expiration of that time period,
renewal of the license will be denied unless the licensing entity receives a notice of release under (f) of this
section from the commission.
- (c) A licensing entity shall issue a temporary license valid for the first 150 days of the renewal period to a licensee
whose license renewal is denied under this section if the licensee is otherwise eligible for renewal. Only one
temporary license may be issued during a renewal period. The licensing entity shall adopt by regulation a fee for
issuance of a temporary license under this section; the amount of the fee shall be set so that the fees collected under
this section, to the extent reasonable, cover the costs of implementing and administering this section.
- (d) Within 30 days after receiving the notice under (b) of this section, the licensee may request review by the
commission. AS 44.62 (Administrative Procedure Act) does not
apply to the denial of renewal of a license under this section. Within 30 days after receiving a written request for
review, the executive director shall inform the applicant in writing of the executive director's findings. The
executive director's finding is a final decision that may be appealed to the superior court under the Alaska Rules of
- (e) For the purpose of review under (d) of this section, the licensee has the burden to show that
- (1) the commission has not sent a notice of default in compliance with AS 14.43.145
- (2) the notice of default has been rescinded after review under AS 14.43.145(c); or
- (3) the licensee has met the requirements of (f) of this section.
- (f) The commission shall provide a notice of release to the licensing entity if the licensee
- (1) pays all costs of collection and the interest and principal that would have been due if the loan had not been
- (2) has negotiated a payment schedule with the commission after the loan is in default and has made complete and timely
payments under the negotiated agreement for the four most recent and consecutive months.
- (g) Notwithstanding (a) of this section, the denial of renewal of a teacher's certificate is effective not sooner than the
end of the contract year after the commission has notified the teacher of the default status of the loan as provided
under AS 14.43.145
- (h) In this section,
- (1) "license"
- (A) means, except as provided in (B) of this paragraph, a license, certificate, permit, registration, or other
authorization that, at the time of issuance, will be valid for more than 150 days and that may be acquired from a state
agency to perform an occupation, including the following:
- (i) license relating to boxing or wrestling under AS 05.10;
- (ii) authorization to perform an occupation regulated under AS 08;
- (iii) teacher certificate under AS 14.20;
- (iv) authorization under AS 18.08 to perform emergency medical
- (v) asbestos worker certification under AS 18.31;
- (vi) boiler operator's license under AS 18.60.395
- (vii) certificate of fitness under AS 18.62;
- (viii) hazardous painting certification under AS 18.63;
- (ix) certification as a municipal correctional, correctional, probation, or parole officer under AS 18.65.245
- (x) security guard license under AS 18.65.400
- (xi) license relating to insurance under AS 21.27;
- (xii) employment agency permit under AS 23.15.330
- (xiii) registration as a broker-dealer, an agent, a state investment adviser, or an investment adviser representative under
- (xiv) certification as a pesticide applicator under AS 46.03.320
- (xv) certification as a storage tank worker or contractor under AS 46.03.375;
- (xvi) certification as a water and wastewater works operator under AS 46.30; and
- (B) does not include
- (i) a commercial fishing license under AS 16.05.480
, including a crewmember fishing license;
- (ii) a vessel license issued under AS 16.05.490
- (iii) [Repealed, Sec. 43 Ch 57 SLA 2005].
- (iv) a business license issued under AS 43.70;
- (v) an entry permit or interim-use permit issued under AS 16.43; or
- (vi) a driver's license issued under AS 28.15;
- (2) "licensee" means a person holding a license or applying to renew a license;
- (3) "licensing entity" means the state agency that issues or renews a license; in the case of a license issued or renewed
by the Department of Commerce, Community, and Economic Development after an applicant's qualifications are determined
by another agency, "licensing entity" means the Department of Commerce, Community, and Economic Development.
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