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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 1705. Lease, encumbrance, attachment, distraint, or retained right of repossession prohibited

20 AAC 05.1705. Lease, encumbrance, attachment, distraint, or retained right of repossession prohibited

(a) Except as provided in AS 16.43.150 (g), an entry permit may not be

(1) pledged, mortgaged, leased, or encumbered in any way, including any contractual or legal device that purports to require the transfer or forfeiture of a permit or otherwise constrain the rights of the holder to possess or transfer an entry permit;

(2) transferred with any retained right of repossession or foreclosure, or on any condition requiring subsequent transfer, even if set out as an alternative to another action; or

(3) attached, distrained, or sold on execution of judgment or under any other process or order of any court, or otherwise involuntarily transferred except due to an execution on a holder's interest in a permit as provided in AS 16.43.170 (g) and (h) and 20 AAC 05.1700 - 20 AAC 05.1770.

(b) The provisions of this section do not apply to approved emergency transfers under AS 16.43.180 and 20 AAC 05.1740.

History: Eff. 11/13/94, Register 132

Authority: AS 16.43.100

AS 16.43.110 (a)

AS 16.43.150 (g)

AS 16.43.170

AS 16.43.180

Editor's note: Before 11/13/94, Register 132, the substance of 20 AAC 05.1705 was contained in former 20 AAC 05.1731.


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Last modified 7/05/2006