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- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 27. Child Support Services Agency
- Section 244. Adverse Action Against Delinquent Obligor's Occupational License.
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. Service of Lien.
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. Adverse Action Against Delinquent Obligor's Driver's License.
AS 25.27.244. Adverse Action Against Delinquent Obligor's Occupational License.
- (a) The agency shall compile and maintain a list of obligors who are not in substantial compliance with a support order or
payment schedule negotiated under (g)(1) of this section. The agency may not include an obligor on the list unless the
agency has sent to the obligor, at the obligor's most recent address on file with the agency, written notice of the
arrearages at least 60 days before placement on the list. The list must include the names, social security numbers,
dates of birth, and last known addresses of the persons. The list shall be updated by the agency on a monthly basis.
- (b) The agency shall, on a monthly basis, provide a copy of the list to each licensing entity through a computer readable
magnetic medium. A licensing entity subject to this section shall implement procedures to accept and process the list.
Notwithstanding any other law to the contrary, a licensing entity may not issue or renew a license for a person on the
list except as provided in this section.
- (c) Promptly after receiving an application from an applicant and before issuing or renewing a license, a licensing
entity, other than one issuing commercial crewmember fishing licenses, shall determine whether the applicant is on the
most recent list provided by the agency. If the applicant is on the list, the licensing entity shall immediately serve
notice under (e) of this section of the licensing entity's intent to withhold issuance or renewal of the license. The
notice shall be considered given when delivered personally to the applicant or deposited in the United States mail
addressed to the applicant's last known mailing address on file with the licensing entity.
- (d) Other than for a commercial crewmember fishing license, a licensing entity shall issue a temporary license valid for a
period of 150 days to an applicant whose name is on the list if the applicant is otherwise eligible for a license. The
temporary license may not be extended. Only one temporary license may be issued during a regular license term and its
validity shall coincide with the first 150 days of that license term. A license for the full or remainder of the
license term may be issued or renewed only upon compliance with this section. If a license or application is denied
under this section, money paid by the applicant or licensee shall be refunded by the licensing entity after retention
of the temporary license fee, if any.
- (e) Notices for use under (c) and (r) of this section shall be developed by each licensing entity under guidelines
provided by the agency and are subject to approval by the agency. The notice must include the address and telephone
number of the agency and shall emphasize the necessity of obtaining a release from the agency as a condition for the
issuance or renewal of a license. The notice must inform an applicant whose license is governed by (d) of this section
that the licensing entity shall issue a temporary license for 150 calendar days under (d) of this section if the
applicant is otherwise eligible and that, upon expiration of that time period, the license will be denied unless the
licensing entity has received a release from the agency. The agency shall also develop a form that the applicant may
use to request a review by the agency. A copy of this form shall be included with each notice sent under (c) or (r) of
- (f) The agency shall establish review procedures consistent with this section to allow an applicant to have the underlying
arrearages and relevant defenses investigated, to provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant assistance in the establishment of a payment schedule on
arrearages if the circumstances warrant.
- (g) If the applicant wishes to challenge being included on the list, the applicant shall submit to the agency a written
request for review within 30 days after receiving the notice under (c) or (r) of this section by using the form
developed under (e) of this section. Within 30 days after receiving a written request for review, the agency shall
inform the applicant in writing of the agency's findings. The agency shall immediately send a release to the
appropriate licensing entity and the applicant if any of the following conditions is met:
- (1) the applicant is found to be in substantial compliance with each support order applicable to the applicant or has
negotiated an agreement with the agency for a payment schedule on arrearages and is in substantial compliance with the
negotiated agreement; if the applicant fails to be in substantial compliance with an agreement negotiated under this
paragraph, the agency shall send to the appropriate licensing entity a revocation of any release previously sent to the
entity for that applicant;
- (2) the applicant has submitted a timely request for review to the agency, but the agency will be unable to complete the
review and send notice of findings to the applicant in sufficient time for the applicant to file a timely request for
judicial relief within the 150-day period during which the applicant's temporary license is valid under (d) of this
section; this paragraph applies only if the delay in completing the review process is not the result of the applicant's
failure to act in a reasonable, timely, and diligent manner upon receiving notice from the licensing entity that the
applicant's name is on the list;
- (3) the applicant has, within 30 days after receiving the agency's findings following a request for review under (2) of
this subsection, filed and served a request for judicial relief under this section, but a resolution of that relief
will not be made within the 150-day period of the temporary license under (d) of this section; this paragraph applies
only if the delay in completing the judicial relief process is not the result of the applicant's failure to act in a
reasonable, timely, and diligent manner upon receiving the agency's notice of findings; or
- (4) the applicant has obtained a judicial finding of substantial compliance.
- (h) An applicant is required to act with diligence in responding to notices from the licensing entity and the agency with
the recognition that the temporary license granted under (d) of this section will lapse after 150 days and that the
agency and, where appropriate, the court must have time to act within that 150-day period. An applicant's delay in
acting, without good cause, that directly results in the inability of the agency to complete a review of the
applicant's request or the court to hear the request for judicial relief within the required period does not constitute
the diligence required under this section that would justify the issuance of a release.
- (i) Except as otherwise provided in this section, the agency may not issue a release if the applicant is not in
substantial compliance with the order for support or with an agreement negotiated under (g)(1) of this section. The
agency shall notify the applicant in writing that the applicant may request any or all of the following: (1) judicial
relief from the agency's decision not to issue a release or the agency's decision to revoke a release under (g)(1) of
this section; (2) a judicial determination of substantial compliance; (3) a modification of the support order. The
notice must also contain the name and address of the court in which the applicant may file the request for relief and
inform the applicant that the applicant's name shall remain on the list if the applicant does not request judicial
relief within 30 days after receiving the notice. The applicant shall comply with all statutes and rules of court
implementing this section. This section does not limit an applicant's authority under other law to request an order to
show cause or notice of motion to modify a support order or to fix a payment schedule on arrearages accruing under a
support order or to obtain a court finding of substantial compliance with a support order or a court finding of
compliance with subpoenas and warrants described in (a) of this section.
- (j) A request for judicial relief from the agency's decision must state the grounds on which relief is requested, and the
judicial action shall be limited to those stated grounds. Judicial relief under this subsection is not an appeal and
shall be governed by court rules adopted to implement this section. Unless otherwise provided by court rule, the court
shall hold an evidentiary hearing within 20 calendar days after the filing of service on the opposing party. The
court's decision shall be limited to a determination of each of the following issues, as applicable:
- (1) whether there is a support order or a payment schedule on arrearages;
- (2) whether the petitioner is the obligor covered by the support order; and
- (3) whether the obligor is in substantial compliance with the support order or payment schedule.
- (k) If the court finds that the person requesting relief is in substantial compliance with the support order or payment
schedule, the agency shall immediately send a release under (g) of this section to the appropriate licensing entity and
- (l) If an applicant is in substantial compliance with a support order or payment schedule, the agency shall mail to the
applicant and the appropriate licensing entity a release stating that the applicant is in substantial compliance. The
receipt of a release shall serve to notify the applicant and the licensing entity that, for the purposes of this
section, the applicant is in substantial compliance with the support order or payment schedule unless the agency, under
(a) of this section, certifies subsequent to the issuance of a release that the applicant is once again not in
substantial compliance with a support order or payment schedule.
- (m) The agency may enter into interagency agreements with the state agencies that have responsibility for the
administration of licensing entities as necessary to implement this section to the extent that it is cost effective to
implement the interagency agreements. The agreements shall provide for the receipt by the other state agencies and
licensing entities of federal money to cover that portion of costs allowable in federal law and regulation and incurred
by the state agencies and licensing entities in implementing this section.
- (n) Notwithstanding any other provision of law, the licensing entities subject to this section shall assess a fee for
issuance of a temporary license under this section. The licensing entity shall set the amount of the fee so that the
fees collected under this section, to the extent reasonable, cover the costs of implementing and administering this
- (o) The process described in (g) of this section is the sole administrative remedy for contesting the issuance to the
applicant of a temporary license or the denial of a license under this section. The procedures specified in AS 44.62.330
- 44.62.630 do not apply to the denial or failure to
issue or renew a license under this section.
- (p) The agency and licensing entities, as appropriate, shall adopt regulations necessary to implement this section.
- (q) Notwithstanding any provision of AS 16, a commercial crewmember fishing
license described in (s)(2)(A)(xvi) of this section issued to an individual whose name is on the list is void and
invalid, and the individual is subject to criminal sanctions for conducting the activities for which such a license is
required. The licensing entity for commercial crewmember fishing licenses shall print a notice on commercial crewmember
fishing license forms stating the provisions of this subsection.
- (r) After receiving information, including information from a licensing agent appointed under AS 16.05.380
, that a commercial crewmember fishing license has been issued to an applicant, the licensing entity for the license
shall promptly determine whether the applicant was, at the time the applicant obtained the license, on the most recent
list provided by the agency under (b) of this section. If the applicant was on that list, the licensing entity shall
immediately serve notice under (e) of this section that the license is void and invalid and that, notwithstanding the
limitation of (d) of this section, the applicant can request the licensing entity to issue a temporary license under
this section. A notice under this subsection is considered given when delivered personally to the applicant or
deposited in the United States mail addressed to the applicant's last known mailing address on file with the licensing
- (s) In this section,
- (1) "applicant" means a person applying for issuance or renewal of a license;
- (2) "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) security guard license under AS 18.65.400
- (x) license relating to insurance under AS 21.27;
- (xi) employment agency permit under AS 23.15.330
- (xii) registration as a broker-dealer, an agent, a state investment adviser, or an investment adviser representative under
- (xiii) certification as a pesticide applicator under AS 46.03.320
- (xiv) certification as a storage tank worker or contractor under AS 46.03.375;
- (xv) certification as a water and wastewater works operator under AS 46.30;
- (xvi) commercial crewmember fishing license under AS 16.05.480
other than an entry permit or interim-use permit under AS 16.43;
- (xvii) fish transporter permit under AS 16.05.671
- (xviii) sport fishing operator license under AS 16.40.260
- (xix) sport fishing guide license under AS 16.40.270
- (B) does not include
- (i) a vessel license issued under AS 16.05.490
- (ii) [Repealed, Sec. 46 Ch 57 SLA 2005].
- (iii) a business license issued under AS 43.70;
- (iv) an entry permit or interim-use permit issued under AS 16.43; or
- (v) a driver's license issued under AS 28.15;
- (3) "licensee" means a person holding a license or applying to renew a license;
- (4) "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;
- (5) "list" means the list of obligors and other persons compiled and maintained under (a) of this section;
- (6) "substantial compliance" regarding a support order or payment schedule means that, with respect to periodic payments
required under a support order or a negotiated payment schedule under (g) of this section, whichever is applicable, the
- (A) no arrearage;
- (B) an arrearage in an amount that is not more than four times the monthly obligation under the support order or payment
- (C) been determined by a court to be making the best efforts possible under the obligor's circumstances to have no
arrearages under any support order that requires periodic payments or under a negotiated payment schedule relating to
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