Alaska Administrative Code

(a) The following procedure must be used to obtain and analyze a breath sample on a breath test instrument:(1) observe the person to be tested for at least 15 minutes immediately before testing, to ensure that the person does not regurgitate or place anything in his or her mouth …

(a) To be certified as an operator of a breath test instrument, an applicant must successfully complete a course of instruction approved by the scientific director. The course must include at least four hours of instruction in the theory of alcohol physiology, toxicology, pharmac…

(a) To renew a breath test operator's certification, a breath test operator must, during the period of the operator's current certification, (1) complete a refresher course approved by the scientific director that includes at least four hours of instruction and training; and (2) …

(a) To be certified as a breath test supervisor, an applicant must (1) complete a 22-hour supervisor training course approved by the scientific director; the course must include instruction in the theory of alcohol physiology, pharmacology, toxicology, instrument function, instru…

(a) To renew a breath test supervisor's certification, a supervisor must, during the period of the supervisor's current certification,(1) complete a refresher course approved by the scientific director that includes at least 15 hours of instruction and training; and (2) obtain a …

(a) The scientific director will, in his or her discretion, deny or revoke the certificate of a breath test operator or a supervisor if the scientific director determines that the operator or supervisor has repeatedly failed to follow approved procedures, has engaged in conduct d…

(a) Before an individual breath test instrument is certified for use in the state, the correct calibration of the instrument must be verified. The verification shall be performed by the scientific director or by a qualified person designated by the scientific director. The scient…

The following procedures must be followed to collect and retain a blood sample collected under AS 28.35.033 or 28.35.035: (1) the blood sample must be collected by a physician, nurse, laboratory technician, or other qualified person; (2) the blood sample must be collected by medi…

(a) Analysis of a blood sample collected under AS 28.35.033 or 28.35.035 must be performed in a laboratory setting using one of the following generally accepted techniques: (1) a titration method; (2) an enzymatic method; (3) gas chromatographic analysis; (4) mass spectrophotomet…

(a) A certificate issued to a breath test operator or supervisor under 7 AAC 30.005 - 7 AAC 30.190 remains valid until its expiration date. (b) Breath test instruments, associated equipment, and training courses approved under 7 AAC 30.005 - 7 AAC 30.190 remain approved under 13 …

As used in this chapter, (1) "commissioner" means the commissioner of the Department of Public Safety; (2) "alcohol" means the unique class of chemical compounds known as ethyl alcohol; (3) "concentration" means the weight amount of alcohol contained in a unit volume; (4) "identi…

(a) All officers on duty shall wear uniforms or other clothing in accordance with established department procedures. Brass, belts, shoes, uniform shirts and pants, and equipment must be clean and cared for properly. (b) Except when acting under proper and specific orders from a s…

In accordance with AS 22.20, it is the duty of the commissioner of public safety to provide for the proper service of process issued by the supreme court and all lower state courts. The supreme court, in Rule 11(b) of the Rules of Administration, Rules 4(c)(3) and 45 of the Rules…

Except as otherwise provided in Supreme Court civil, criminal, and administrative rules, a person may not serve process unless that person is licensed by the department in accordance with this chapter. Notes 13 AAC 67.010 Eff. 11/11/92 Register 124 Authority:AS 22.20.100 AS 22.20…

(a) To qualify for a process server license a person must(1) be a United States citizen or an alien lawfully admitted for permanent residency; (2) have resided in the state for at least 30 days immediately preceding the date of application; (3) be at least 21 years of age; (4) be…

(a) An application for a process server license must be submitted to the department on a form provided by the department printed legibly or typewritten. An application must include the following information about the applicant: (1) full name; (2) business name; (3) residence addr…

(a) An application is incomplete if it does not include all of the information, signatures, notarizations, and supporting documents required in 13 AAC 67.030. (b) If an incomplete application is received by the department, or an application is made on an obsolete form, the depart…

(a) The department will, in its discretion, conduct a background investigation of an applicant for a license to determine if the applicant possesses the qualifications set out in 13 AAC 67.020. (b) If the department has reason to believe that an applicant has a past or present me…

The department will, in its discretion, deny an application if the person is found to be unqualified for a license. If a person's application for a license is denied, the department will notify the applicant of the applicant's right to a hearing under 13 AAC 67.290. Notes 13 AAC …

(a) After an applicant has passed the examination required in 13 AAC 67.100, the department has completed any background investigation it deemed necessary, and the department has approved the application, the department will issue a license to the applicant in the form of an iden…

An application for the renewal of a process server license must (1) be made on the forms provided by the department; (2) contain a complete list of all business names under which the applicant has worked during the concluding license period; (3) be received by the department at l…

(a) The department will examine each applicant for a process server license to determine the applicant's knowledge of service of process and familiarity with the applicable portions of the Alaska Administrative Code, the Alaska Statutes, the Supreme Court rules of civil and crimi…

(a) An applicant must submit a completed application form and the application fee to the department before an examination will be scheduled. An applicant may then schedule an examination at any department office designated by the commissioner as a place for examination. (b) Follo…

(a) An applicant may not have any papers or objects on the examination table other than those permitted by the proctor. (b) The department will provide an examination answer sheet upon which the applicant will write applicant's name and the date of the examination. An applicant m…

(a) A raw score of at least 80 percent is required to pass the examination. (b) An applicant who fails to attain the required passing score must wait 10 days before submitting a scheduling request under 13 AAC 67.110. (c) Upon the applicant's written request, the department will,…

Upon the applicant's written request, the department will, in its discretion, reconsider an applicant's examination results if the applicant can show good cause for reconsideration. Reconsideration may include rescoring the examination or reevaluating the methods used in scoring …

(a) All examination papers are the property of the department and will not be returned to the applicant. An applicant's examination answer sheets are preserved in the applicant's file and may be inspected by an applicant except during the seven days immediately preceding the day …

A process server shall (1) act with complete integrity in professional matters concerning the service of process; (2) be completely truthful in all professional reports, statements, or testimony, and not make misleading, deceptive, or untrue statements in the course of serving pr…

(a) A process server shall (1) attempt to avoid all conflicts of interest with the process server's employer or client; (2) promptly inform the employer or client of any business association, interest, or circumstance that could influence the process server's judgment or quality …

(a) A process server may not reassign process to another process server unless that person is within the process server's own firm. Process that the process server cannot serve because of a conflict of interest or because of location must be returned to the clerk of the court for…

(a) A process server may not use (1) any corporate name, including initials, that projects the image of a public law enforcement agency; (2) the terminology "police" or "officer of the court" to identify the process server; or (3) the words "federal," "state," "U.S.," "United Sta…

(a) A fee charged by a process server must be reasonable. The department will, in its discretion, review the fees charged by a process server and will determine if those fees are reasonable by considering (1) the maximum amount that can be recovered by a party as costs under Supr…

(a) The department will, in its discretion, suspend a license when it determines, following an investigation, that the process server(1) lacks the ability, knowledge, skill, or professional judgment to perform the professional duties of a process server as required by AS 22.20, t…

(a) The department will, in its discretion, suspend a process server license under 13 AAC 67.240(a) for a minimum of 30 days for a first offense and up to a maximum of six months for a second offense; (b) A person whose process server's license has been revoked under 13 AAC 67.24…

The department will, in its discretion and for good cause, require a licensed process server to retake the examination required in 13 AAC 67.100. A process server's failure to retake the examination will result in suspension of the license until the written examination is success…

Except as otherwise provided in 13 AAC 67.280 - 13 AAC 67.310, the provisions of the AS 44.62 (Administrative Procedure Act), not including AS 44.62.550, apply to all actions taken under this chapter. Notes 13 AAC 67.280 Eff. 11/11/92, Register 124 Authority:AS 22.20.100 AS 22.20…

(a) Except as provided in (b) of this section the department will give notice and provide an opportunity for an administrative hearing before suspending, or revoking, a license. (b) If it is reasonably necessary to protect the health and safety of the public or to ensure the safe…

The commissioner will assign a qualified, unbiased, and impartial hearing officer to conduct a hearing under this chapter. The hearing officer may not (1) have participated in making the decision that will be reviewed at the hearing; or (2) be an immediate supervisor or subordina…

To initiate a hearing to determine whether a license should be suspended or revoked, the department or an interested person must file an accusation. The accusation must conform to the requirements of AS 44.62.360. Notes 13 AAC 67.310 Eff. 11/11/92, Register 124 Authority:AS 22.20…

The commissioner will, in the commissioner's discretion, issue a limited process server license to a state employee if (1) serving process is a necessary part of that employee's duties as a state employee; and (2) doing so will result in substantial savings in travel costs of a s…

A state employee may not be issued a limited process server license unless the employee (1) meets the qualifications set out in 13 AAC 67.020(a) (1) - (a)(5) and 13 AAC 67.020(b) (1); and (2) successfully completes process service training provided by the department. Notes 13 AAC…

(a) A state employee must complete an application for a limited process server license on a form provided by the department. (b) Except for an employee of the department, an applicant for a limited license must include the following items with the application form: (1) two sets o…

The department will, in its discretion, deny an application for a limited process server license if the employee is found to be unqualified for a license under this chapter. Notes 13 AAC 67.360 Eff. 11/11/92, Register 124 Authority:AS 22.20.100 AS 22.20.110 AS 22.20.120

(a) After a state employee has successfully completed the training required in 13 AAC 67.340, the department has completed any background investigation deemed necessary, and the department has approved the application, the department will issue a limited license to the state empl…

The following provisions apply to a state employee holding a limited license: 13 AAC 67.070(c) - (d); 13 AAC 67.070(g); 13 AAC 67.080; 13 AAC 67.180 - 13 AAC 67.310; 13 AAC 67.900 - 13 AAC 67.910, and 13 AAC 67.930. Notes 13 AAC 67.380 Eff. 11/11/92, Register 124 Authority:AS 22.…

The latest mailing address and telephone number on file for an active or lapsed process server is the address the department will use for official communications, notifications, and service of legal process. Notes 13 AAC 67.900 Eff. 11/11/92, Register 124 Authority:AS 22.20.100 A…

(a) If a process server changes the name, address, or telephone number under which the process server is licensed to do business, the process server shall immediately notify the department in writing of the new name, address, or telephone number. (b) If a process server will be u…