Title 23 — Labor and Workers' Compensation
12 chapters · 505 sections in this title.
AS 23.15.010 Administration of vocational rehabilitation.
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The commissioner shall administer the vocational rehabilitation program.
AS 23.15.020 Powers and duties of commissioner.
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(a) The commissioner may cooperate with a federal agency, as provided and required by federal law for vocational rehabilitation. (b) The commissioner shall comply with the federal laws and the conditions necessary to secure the full benefit of the federal vocational rehabilitatio…
AS 23.15.030 Appointment of administrative officers.
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The commissioner may appoint administrative officers and delegate to them the authority necessary to carry out AS 23.15.010 — 23.15.210.
AS 23.15.040 Division of vocational rehabilitation established.
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The division of vocational rehabilitation is established under the commissioner to carry out AS 23.15.010 — 23.15.210.
AS 23.15.050 Director of vocational rehabilitation.
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The commissioner shall appoint a director of the division of vocational rehabilitation. The director has the administrative authority delegated by the commissioner and necessary to carry out AS 23.15.010 — 23.15.210 and the regulations and policies adopted by the commissioner.
AS 23.15.060 Agreements under Social Security Act.
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(a) The commissioner may enter into necessary agreements on behalf of the state with the Secretary of Health and Human Services to carry out the provisions of the federal Social Security Act, as amended, and as it is subsequently amended, relating to the making of determinations …
AS 23.15.080 Eligibility for vocational rehabilitation service.
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(a) Vocational rehabilitation service shall be provided directly or through a public or private instrumentality to an individual with a disability who (1) is a resident of the state at the time of application for the service and whose vocational rehabilitation the agency determin…
AS 23.15.090 Priority as to eligibility.
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If vocational rehabilitation service cannot be provided for all eligible individuals with disabilities who apply, the agency shall provide by regulation for determining the order to be followed in selecting those to whom the services will be provided.
AS 23.15.095 Gainful employment of individuals with disabilities.
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(a) When providing vocational training, vocational rehabilitation, or employment placement of an individual with a disability, the agency's primary objective and preferred outcome is to help the individual become gainfully employed in an integrated workplace where individuals wit…
AS 23.15.100 Powers and duties; vending facilities.
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(a) In carrying out AS 23.15.010 — 23.15.210, the agency shall (1) take the action it considers necessary or appropriate to carry out the purposes of AS 23.15.010 — 23.15.210 and adopt regulations in conformity with these purposes; (2) determine the eligibility of applicants for …
AS 23.15.110 Extension of services outside state.
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Vocational rehabilitation service may be extended to the continental United States to all individuals eligible under AS 23.15.010 — 23.15.210. The director may place professional or clerical personnel or both inside the continental United States to carry out the purposes of AS 23…
AS 23.15.120 Cooperation with federal government.
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(a) The agency shall cooperate with the federal government in carrying out the purposes of federal laws pertaining to vocational rehabilitation, including the licensing of blind persons to operate vending stands on federal property, and may adopt the methods of administration tha…
AS 23.15.125 Assistive technology loan guarantee and interest subsidy program.
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[Repealed or reserved.]
AS 23.15.130 Vocational rehabilitation small business enterprise revolving fund.
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(a) There is created in the state treasury a revolving fund designated as the vocational rehabilitation small business enterprise revolving fund. The fund shall be administered by the director. (b) Receipts from the net proceeds of vending facilities on public property, other tha…
AS 23.15.132 Vending facilities.
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(a) A vending facility may not be established on public property that is under the jurisdiction of the state except as authorized by the commissioner. (b) A vending facility authorized by the commissioner shall be selected and located after consulting with the persons responsible…
AS 23.15.133 Vendors' licenses.
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(a) The agency shall issue a license for the operation of a vending facility on public property to a blind person or a person with a severe disability who is a resident of the state at the time of application and who qualifies for a license under (1) 20 U.S.C. 107 — 107f (Randolp…
AS 23.15.134 Active participation by licensees with severe disabilities.
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The agency shall adopt regulations that ensure the opportunity for active participation by a licensee with severe disabilities in the administration of vending facilities operated by licensees with severe disabilities. The opportunity for active participation provided under this …
AS 23.15.135 Committee of blind vendors.
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(a) The Committee of Blind Vendors consisting of all blind licensees is established. The agency shall conduct a biennial election of a president, vice-president, secretary, and treasurer of the committee and may conduct elections to fill vacancies in office at any time. (b) The c…
AS 23.15.136 Group insurance for certain licensees.
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[Repealed or reserved.]
AS 23.15.140 Vocational Rehabilitation Fund. [Repealed, § 2 ch 23 SLA 1968.]
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[Repealed or reserved.]
AS 23.15.150 Custodian of funds.
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The Department of Revenue is designated custodian of all vocational rehabilitation funds in the state.
AS 23.15.160 Gifts.
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The commissioner may accept a gift or donation from a public or a private source that is offered unconditionally for carrying out AS 23.15.010 — 23.15.210. The commissioner may accept a conditional gift if, in the judgment of the agency, the conditions are proper and consistent w…
AS 23.15.170 Maintenance not assignable.
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The right of an individual with a disability to maintenance under AS 23.15.010 — 23.15.210 is not transferable or assignable at law or in equity.
AS 23.15.180 Hearings.
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(a) An individual applying for or receiving vocational rehabilitation who is aggrieved by the action or inaction of the agency is entitled to a fair hearing by the agency, in accordance with regulations. (b) A blind person or a person with a severe disability aggrieved by a decis…
AS 23.15.190 Misuse of lists and records.
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Except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, a person may not solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of a li…
AS 23.15.200 Limitation on political activity.
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An officer or employee engaged in the administration of the vocational rehabilitation program may not use official authority to influence or permit the use of the vocational rehabilitation program for the purpose of interfering with an election or affecting the results of an elec…
AS 23.15.210 Definitions.
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Article 2. State Vocational Rehabilitation Committee. In AS 23.15.010 — 23.15.210, (1) “active participation” means a process through which the Committee of Blind Vendors or a licensee is provided the opportunity to exert a major influence in program policies, standards, and proc…
AS 23.15.220 Purpose.
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The purpose of AS 23.15.220 — 23.15.320 is to create a State Vocational Rehabilitation Committee for Alaska to carry on a continuing program to promote the employment of people of the state with disabilities by creating statewide interest in the rehabilitation and employment of p…
AS 23.15.230 Appointment of committee.
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The governor shall appoint the members of the State Vocational Rehabilitation Committee for staggered terms not exceeding three years. The composition of the committee must be consistent with the requirements of 29 U.S.C. 725 and 3003, as amended. A member may be reappointed, and…
AS 23.15.240 Selection and term of chair.
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The members of the committee shall select a chair from among the voting members of the committee, subject to disapproval by the governor. The chair serves for one year or until a successor is selected.
AS 23.15.250 Compensation and expenses.
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Members of the committee may receive no compensation for services on the committee but are entitled to reimbursement for necessary expenses in accordance with existing law.
AS 23.15.260 Meetings.
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The committee shall meet four times a year, but, at the request of the governor, special meetings may be called. Meetings may be conducted telephonically.
AS 23.15.270 Cooperation with other committees and agencies.
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The committee shall work in close cooperation with local committees and with the President's Committee on Employment of People with Disabilities to carry out the purpose of AS 23.15.220 — 23.15.320 more effectively, and with state and federal agencies having responsibilities for …
AS 23.15.280 Appointment of advisors.
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The division of vocational rehabilitation, the State Employment Service, the Department of Health, and other state agencies that the committee names shall each designate a staff member who shall meet with the committee and act in an advisory capacity. The federal Veterans Employm…
AS 23.15.290 Employ people with disabilities week.
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Each year the governor shall issue a proclamation designating the first full week in October as Alaska Employ People with Disabilities Week. During this week, appropriate ceremonies shall be held throughout the state for the purpose of enlisting public support for, and interest i…
AS 23.15.300 Manner of handling funds.
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Funds to carry out AS 23.15.220 — 23.15.320 shall be appropriated, expended, and accounted for through the same procedures as funds for operation of the Department of Labor and Workforce Development.
AS 23.15.310 Gifts.
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The committee may accept property by gift, devise, bequest, or otherwise to carry out the purposes of AS 23.15.220 — 23.15.320.
AS 23.15.315 Fees.
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(a) The committee may charge a fee for attendance at a conference, workshop, or similar event conducted by the committee, based on the estimated cost to the committee of organizing and holding the event. (b) The receipt and expenditure by the committee of fees authorized by this …
AS 23.15.320 Annual report to governor.
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Article 3. Employment Agencies. The committee shall annually report its activities during the preceding year to the governor.
AS 23.15.330 Exemptions.
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AS 23.15.330 — 23.15.520 do not apply to an educational, religious, charitable, fraternal, or benevolent organization that does not charge for services, or to a bona fide labor organization or a government agency.
AS 23.15.340 Permit.
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In order to operate an employment agency, a person shall obtain a permit from the department. The permit shall be posted in a conspicuous place in the employment agency.
AS 23.15.350 Application.
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To obtain a permit to operate an employment agency a person shall apply to the department on forms prescribed by the department. The application must include (1) the name and address of the applicant and the street and number of the building or place where the business of the emp…
AS 23.15.360 Bond.
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The department may not issue a permit until the applicant furnishes a bond to the department in the amount and with surety that the department considers necessary. The amount of the bond may not be less than $1,000 nor more than $10,000. The bond shall be conditioned on the appli…
AS 23.15.370 Investigation of applicant.
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Upon application for a permit, the department may make an investigation as to the character and responsibility of the applicant and the premises where the applicant proposes to conduct the business.
AS 23.15.380 Refusal of permit.
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The department may, after notice and hearing, refuse to grant a permit where there is reasonable ground to believe that the applicant is of unfit moral character or is irresponsible. The department shall grant or refuse an application within 30 days of the date of filing.
AS 23.15.390 Term of permit; fees.
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The fee for filing an application for a permit is $10. A permit is valid for a term of two years. The biennial fee for the issuance of a permit, including a renewal permit, is $100. All fees shall be deposited in the general fund. In addition to paying this fee, all persons condu…
AS 23.15.400 Renewal of permit.
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Thirty days before the expiration of a permit the holder must apply for renewal of the permit in order to renew the permit. The application for renewal must contain all the information requested in the original application, brought up to date.
AS 23.15.410 Revocation or suspension of permit.
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(a) The department may revoke or suspend a permit if (1) the permittee or an agent of the permittee has violated or failed to comply with a provision of AS 23.15.330 — 23.15.520; (2) the permittee has stopped being of good moral character. (b) Before revoking or suspending a perm…
AS 23.15.420 Limitations on conduct of employment agencies.
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The department may not issue a permit to conduct an employment agency (1) in rooms used for living purposes; (2) in connection with a pool hall, bar, or intoxicating liquor dispensary, or recreation center operated for profit; (3) to a person whose permit has been revoked within …
AS 23.15.430 Agency to maintain register.
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An employment agency shall keep a register containing the name and address of each applicant, the date registered, and the amount of fee received.