Alaska Administrative Code

(a) In an urgent situation, the board may issue an emergency courtesy license to an applicant who has a license in good standing to practice as a professional counselor in another jurisdiction with licensing requirements at least equivalent to those of this state, and who meets t…

(a) The board will certify as an approved counselor supervisor an applicant who meets the requirements of AS 08.29.210 and of this section. An applicant for certification under this section must (1) submit a complete application, on a form provided by the department; (2) submit t…

(a) To be accepted by the board, supervised experience required under AS 08.29.110(a)(6) must include experience in those professional counseling skills included in the definition of "practice of professional counseling" in AS 08.29.490. (b) To meet the supervised experience requ…

A licensee applying for renewal of a professional counselor license must (1) submit a complete renewal application, on a form provided by the department, including a statement of the continuing education contact hours under 12 AAC 62.310 completed by the applicant during the conc…

(a) A licensee applying for renewal of a professional counselor license must complete the number of continuing education contact hours set out in this section. For a biennial licensing period ending on or before October 31, 2023, at least three contact hours must be in profession…

(a) To be accepted by the board, continuing education must contribute directly to the professional competency of a professional counselor and must be directly related to the skills and knowledge required to implement professional counseling principles and methods. (b) The followi…

(a) After each biennial renewal period the board will, in its discretion, audit renewal applications to monitor compliance with the continuing education requirements of this chapter. (b) A licensee selected for audit must, within 30 days from the date of receipt of notification, …

The board will reinstate a license that has been lapsed less than five years if the applicant submits proof of completion of all continuing education contact hours that would have been required to keep the applicant's license current, and the applicant meets all other requirement…

(a) A licensee may request a waiver of the continuing education requirements of 12 AAC 62.310 by submitting a written request to the board that describes the reasons for the request and includes supporting documentation satisfactory to the board. If the board finds good cause, th…

(a) The National Board for Certified Counselors (NBCC) Policy Regarding the Provision of Distance Professional Services (approved February 6, 2016), is adopted by reference for distance professional services provided by licensees to the extent it does not conflict with 12 AAC 62.…

(a)A licensee must comply with the requirements of 45 C.F.R. Parts 160 and 164 regarding privacy, security, and breach for purposes of P.L. 104-191 (Health Insurance Portability and Accountability Act of 1996) for communication, including electronic communications and online sche…

To provide distance professional services as the practice of professional counseling as defined under AS 08.29.490, a licensee shall ensure informed consent from a client. The informed consent must: (1) inform the client of who might have authorized or unauthorized access to elec…

(a) The American Mental Health Counselors Association's AMHCA Code of Ethics, revised as of 2015, 2020, is adopted by reference as the code of ethics for professional counselors in the state. A professional counselor licensed in the state must adhere to the code of ethics. (b) Wh…

In addition to the professional disclosure statement required by AS 08.29.220, a licensee must provide written notice to the client that (1) the treatment program may be discussed with other professionals and, if that occurs, the client's confidentiality will be maintained; and (…

(a) The board may recommend to the governor that a member be removed from the board if that member has had three or more unexcused absences from regularly scheduled board meetings during the member's term on the board. (b) Before the close of each regularly scheduled board meetin…

(a) In AS 08.29, (1) "direct counseling" means professional counseling provided face-to-face with individuals, couples, families, or groups; (2) "incompetent" means lacking sufficient knowledge, skills, or professional judgement in counseling, to a degree likely to endanger the m…

(a) A person may apply for the real estate salesperson or broker examination with the commission-approved testing service. (b) Deadlines for registration for the examination are set by the commission-approved testing service. (c) Registration fees for the examination are not refu…

(a) Repealed 8/22/79. (b) Repealed 7/1/89. Notes 12 AAC 64.020 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we ha…

Notes 12 AAC 64.030 Repealed 8/9/72. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

(a) Before the scheduled examination date, an applicant who has registered to sit for the examination will be sent a confirmation notice or receive a confirmation number by electronic mail from the testing service that specifies the time and place of the examination. (b) An appli…

Notes 12 AAC 64.050 Eff. 8/6/67, Register 24; am 1/13/73, Register 44; am 8/22/79, Register 71; am 12/6/81, Register 80; am 7/1/89, Register 110; am 10/27/99, Register 152; repealed 4/24/2009, Register 190 State regulations are updated quarterly; we currently have two versions av…

(a) An applicant who meets the requirements on the relevant checklist set out in this section has demonstrated the necessary qualifications for the license applied for. An applicant who does not meet the requirements on that checklist or whose responses on the form for applicatio…

(a) An applicant for licensure to practice as a real estate broker, associate broker, or salesperson shall submit, within six months after the individual has taken the examination required for licensure, (1) a completed application on the form provided by the department, includin…

(a) A license which has lapsed, been suspended, been surrendered by a licensee for disciplinary reasons, or a license which has been limited in any way for disciplinary reasons is not considered valid and active for purposes of licensure by endorsement. (b) A licensee who request…

Renumbered as 12 AAC 64.920. Notes 12 AAC 64.062 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versio…

(a) All real estate education courses used to qualify for initial licensure must (1) meet the requirements of 12 AAC 64.400 - 12 AAC 64.470 and this section; and (2) have been completed within the 18 months immediately preceding the date of application, except that the real estat…

(a) In addition to the education requirements of 12 AAC 64.063 for an initial license and the continuing education requirements under 12 AAC 64.500 for license renewal, within one year after the date that the commission issues an initial license to a real estate licensee under th…

(a) Repealed 2/11/95. (b) A broker acting on behalf of a business, corporation, or organization shall be authorized to act by a resolution of the policy making body of that business, corporation, or organization. The resolution must be a permanent part of the records of that busi…

(a) The commission will issue a temporary military courtesy license to an active duty military member or spouse of an active duty military member of the armed forces of the United States to practice as a real estate broker, associate broker, or salesperson who meets the requireme…

A real estate broker licensed under this chapter may do business as a legal entity when organized under the law of this state. Notes 12 AAC 64.068 Eff. 7/1/89, Register 110; am 7/16/94, Register 131; am 2/5/2010, Register 193 Authority:AS 08.88.071 AS 08.88.081 AS 08.88.161 State…

Notes 12 AAC 64.070 Repealed 7/1/89. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

(a) Except as provided in (g) of this section, all licenses lapse January 31 of every even-numbered year unless renewed under this section and in accordance with AS 08.88.091, 08.88.171, and 08.88.251. A renewal reminder notice will be provided by the commission, either by electr…

In addition to the required license or renewal fee, an applicant for licensure or for renewal of a license issued under AS 08.88 shall submit with the application a fee for the recovery fund established under AS 08.88.455 in the amount of $50. Notes 12 AAC 64.073 Eff. 1/25/85, Re…

(a) An individual may not be involved in activities requiring licensure under AS 08.88 until the individual's employing broker signs and delivers to the commission, either by electronic mail or regular United States mail, a notice of employment of the individual and the individua…

(a) Except as provided in (c) of this section, only the registered broker of an office may employ or terminate a licensed associate broker or salesperson. (b) An applicant applying to work in a branch office shall submit to the commission the Employing Broker Information form of …

(a) When a broker of record is temporarily absent from an office, the broker of record may supervise transactions, trust accounts, or licensees by computer, modem, facsimile, or telephone communications. (b) When a broker of record is temporarily absent from an office and is unab…

(a) An active license is a license which has been issued by the commission for the purposes expressed in AS 08.88.161 and which has not lapsed nor been placed on inactive status, revoked, or suspended. (b) Upon the suspension or revocation of a real estate broker's license, the l…

If an Alaskan licensee also holds an out-of-state broker's, associate broker's, or salesperson's license or certificate and it is revoked, suspended, or in any way restricted, the licensee shall inform the commission within five calendar days of receiving notification of this act…

(a) A suspended or revoked license and the pocket part of the license must be immediately surrendered by the employing broker to the commission. If the license and pocket part are not in the possession of a broker, they must be immediately surrendered to the commission by the lic…

(a) A real estate licensee may not employ an unlicensed person to perform activities for which a real estate license is required under AS 08.88 and this chapter. A real estate licensee may not employ an unlicensed person to perform any of the activities in AS 08.88.161, including…

(a) An applicant whose real estate license has been revoked or suspended in any state, province, or territory shall inform the commission of the circumstances of the revocation or suspension when applying for licensure. Failure to inform the commission of any prior revocation or …

A license which has been suspended and surrendered, together with its pocket part, will be reissued, without charge, for the unexpired balance of the license period when the conditions imposed in the suspension order have been met and the suspended licensee otherwise qualifies fo…

(a) A real estate broker holding an active license shall establish and maintain a principal office in this state. The office in which the broker works and maintains the broker's license is the principal office of the broker. (b) A broker who maintains offices or branch offices ot…

(a) Before closing an office or branch office, a broker shall submit to the commission (1) a completed form for closing an office as prescribed by the commission; (2) a bank statement showing a zero balance in the trust accounts or appropriate trust funds documentation; (3) the n…

(a) A broker shall register with the commission the name under which the broker will advertise and conduct business. A broker's business name registered with the commission is the name that will be entered into the commission's data base and appear on the roster of licensees publ…

Notes 12 AAC 64.115 Eff. 7/16/94, Register 131; am 2/12/99, Register 149; am 6/22/2008, Register 186; repealed 4/24/2009, Register 190 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the …

A broker shall adopt a written policy manual that addresses guidelines and procedures (1) to determine the designated licensee; (2) that establish a policy for when the broker becomes a designated licensee; (3) for neutral licensees; (4) for a single real estate licensee represen…

Before a real estate licensee provides specific assistance to a person, or when entering into a contract with the person to provide specific assistance, the real estate licensee shall provide the person with a copy of the commission's Alaska Real Estate Commission Consumer Disclo…

A written consent that a neutral licensee obtains under AS 08.88.610 must be provided on the commission's form entitled Alaska Real Estate Commission Waiver of Right to Be Represented, dated April 2024, and adopted by reference. Click here to view Alaska Real Estate Commission Wa…

(a) Before establishing a branch office in addition to the principal office, a broker must register the branch office with the commission and provide the information required in 12 AAC 64.110(e) for the branch office. (b) An associate real estate broker shall supervise only one o…