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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 1960. Power of authorized agent

20 AAC 05.1960. Power of authorized agent

(a) By submitting to the commission all properly completed forms required, together with the appropriate fees, an authorized agent may renew an entry permit, renew an interim-use permit, renew a vessel entry permit, renew a vessel interim-use permit, make initial application for an interim-use permit, and apply for or renew a vessel license on behalf of the principal represented by the agent.

(b) Unless waived by the commission for good cause, the power of the authorized agent must appear in a dated writing signed by the principal.

(c) Writings sufficient to confer representative power upon the agent include, but are not limited to

(1) power of attorney;

(2) letters testamentary;

(3) letters of guardianship;

(4) personal affidavit in a summary administrative proceeding; or

(5) marriage certificate.

(d) Unless the written authorization specifically states the contrary or is declared irrevocable by a court of competent jurisdiction, all authorizations are revocable in the same manner and form with which they were created.

(e) The commission will, in its discretion, after a hearing as provided in 20 AAC 05.1800 - 20 AAC 05.1850, refuse to accept an agent's actions on behalf of his or her principal if the commission finds that the agent, either intentionally or through gross negligence, supplied or assisted in supplying false information to the commission or omitted necessary or required information, forms, or fees. Upon such a commission finding, the agent may not after that represent any principal before the commission for the period of time the commission specifies.

(f) Nothing in this section affects the ownership of a permit nor confers upon the agent the power to transfer a permit on behalf of the principal.

(g) For the purposes of this section, "principal" means a permit holder, interim-use permit applicant, vessel entry permit holder, vessel interim-use permit holder, or vessel owner, represented by the agent.

History: Eff. 1/1/78, Register 64; am 1/29/82, Register 81; am 5/20/90, Register 114; am 9/21/2003, Register 167; am 2/11/2004, Register 169; am 12/21/2005, Register 176

Authority: AS 16.05.530

AS 16.43.100

AS 16.43.110

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Last modified 7/05/2006