Alaska Administrative Code

(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 State reg…

(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…

(a) Except as provided in (c) and (d) of this section, an applicant for a process server license shall file with the department a surety bond evidencing liability coverage for fraud, misappropriation or commingling of funds, abuse of process, and malicious prosecution in the mini…

(a) A process server shall maintain up-to-date records of all process that identify the (1) type of document received; (2) date the document was received; (3) disposition of the process; (4) date the process was returned; and (5) all fees collected and disbursed. (b) Process reco…

The department will prepare on a regular basis a roster of all licensed servers. Notes 13 AAC 67.940 Eff. 11/11/92, Register 124 Authority:AS 22.20.100 AS 22.20.110 AS 22.20.120 State regulations are updated quarterly; we currently have two versions available. Below is a comparis…

Unless the context otherwise indicates, in this chapter (1) "commissioner" means the commissioner of the Department of Public Safety; (2) "department" means the Alaska Department of Public Safety; (3) "good moral character" means the absence of acts or conduct that would cause a …

(a) This chapter applies to information maintained by the central repository of criminal justice information in (1) The Alaska Public Safety Information Network (APSIN); (2) The Alaska Automated Fingerprint Identification System (AAFIS); (3) files of fingerprint cards and photogr…

(a) The department will provide or approve a form or format for an agency to report information to the repository under this chapter, including personal descriptors of the subject of the information. (b) Unless otherwise specified in this chapter, an agency that reports informati…

(a) An agency that receives a bench or other judicial arrest warrant, parole arrest warrant, or governor's warrant of arrest for extradition may report the receipt of the warrant to the repository. The report must include(1) identification of the agency that received the warrant;…

(a) Within 24 hours of receipt of the order, an agency that receives a domestic violence protective order or an order modifying a domestic violence protective order, issued by or filed with a court, shall report to the repository (1) identification of the agency that received the…

(a) An agency that wishes to locate a person for a purpose other than in connection with a warrant under 13 AAC 68.105 or an order under 13 AAC 68.110 may report to the repository information about the person. The report may include an expiration date and must include (1) identif…

(a) Except as provided in (b) of this section, within five working days after an arrest or citation, an agency that arrests a person for a felony or misdemeanor, or issues a citation to a person for a misdemeanor, shall report the arrest or citation to the repository. The report …

(a) Within five working days after fingerprinting a person under AS 12.80.060, an agency shall submit to the repository two sets of legible fingerprints and the following information: (1) identification of the agency submitting the fingerprints; (2) the date of arrest or citation…

(a) A person may voluntarily submit a set of fingerprints to be included in AAFIS by submitting to the department payment of the fee established in 13 AAC 68.900 and, (1) for a person's own fingerprints, valid picture identification issued by a government unit; or (2) for the fin…

(a) Within one month after a decision described in AS 12.62.120(b)(5), a prosecuting agency shall report to the repository the decision for a case in which an arrest has been made or a citation has been issued for a misdemeanor, including (1) identification of the prosecuting age…

(a) Within one month after filing, a court in which a charging document is filed, including an indictment, criminal complaint, criminal information, or a petition or other document alleging a violation of bail or probation, shall report the filing or an amendment to the filing to…

(a) Within one month after disposition, a court disposing of a charging document, including an indictment, criminal complaint, criminal information, or petition or other document showing a violation of probation, shall report to the repository (1) identification of the court; (2)…

(a) Within one month after an act of executive clemency, the executive director of the Board of Parole shall report to the repository(1) the date that executive clemency is granted; and, (2) for each charge for which executive clemency is granted, (A) the arrest tracking number; …

(a) Within five working days of admission, an agency that photographs a person at the time of initial admission to a correctional facility in connection with an offense shall forward the photograph to the repository. The photograph must include (1) identification of the agency th…

(a) The Department of Corrections shall report to the repository the following information for a person who has been placed in the custody or under the supervision of the commissioner of the Department of Corrections, including the Board of Parole, in connection with an offense:(…

The department will, in its discretion, waive a requirement described under 13 AAC 68.100 - 13 AAC 68.120 or 13 AAC 68.130 - 13 AAC 68.155 or extend a waiver for up to one year at a time for an agency that lacks the resources to comply with the requirement. A request for waiver o…

(a) To request a correction, modification, or addition under AS 12.62.170(b) to criminal justice information maintained by the repository, a person must submit to the repository,(1) on a form provided by the department, or in a format approved by the department, (A) a description…