Title 08 — Business and Professions
52 chapters · 1,415 sections in this title.
AS 08.18.010 Creation and composition of board. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.011 Registration required.
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(a) A person may not submit a bid or work as a contractor until that person has been issued a certificate of registration as a contractor by the department. A partnership or joint venture shall be considered registered as a contractor if one of the general partners or venturers w…
AS 08.18.013 Categories of contractors.
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The department may adopt regulations establishing categories of contractors and the registration or endorsement requirements for persons in those categories.
AS 08.18.020 Qualifications of members. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.021 Application for registration.
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(a) An applicant for registration as a contractor or home inspector shall submit an application under oath upon a form to be prescribed by the commissioner and that must include the following information pertaining to the applicant: (1) the applicant's social security number; (2)…
AS 08.18.022 Home inspectors; associate home inspectors.
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(a) The department shall issue a certificate of registration as a home inspector for new homes, existing homes, or both, as appropriate, to an individual who (1) passes the appropriate home inspection examination; for purposes of this paragraph, the appropriate home inspection ex…
AS 08.18.023 Pre-inspection documents and inspection reports.
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(a) Before performing a home inspection, a registered home inspector or associate home inspector shall provide to the person on whose behalf a home is inspected a written document that includes the home inspector's registration number and that specifies (1) the scope of intended …
AS 08.18.024 Specialty contractors.
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(a) The department may authorize the limited use of specific construction techniques or materials that are defined by the department as part of one specialty trade by a specialty contractor licensed in a different specialty trade if those construction techniques or materials are …
AS 08.18.025 Residential contractors.
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(a) A general contractor may not undertake the construction or alteration, or submit a bid to undertake the construction or alteration of a privately-owned residential structure of one to four units or advertise or publicly represent that the general contractor may undertake work…
AS 08.18.026 Electrical contractors.
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(a) The department may not issue a certificate of registration as an electrical contractor to an applicant unless the applicant is, or employs, a person currently licensed as an electrical administrator under AS 08.40. (b) Each applicant for an electrical contractor's certificate…
AS 08.18.028 Mechanical contractors.
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(a) The department may not issue a certificate of registration as a mechanical contractor to an applicant unless the applicant is, or employs, a person currently licensed as a mechanical administrator under AS 08.40. (b) Each applicant for a mechanical contractor's certificate of…
AS 08.18.030 Terms of office. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.031 Certificate of registration.
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(a) Except as provided in (c) of this section, a certificate of registration shall be renewed under the same requirements as for an original registration, and the commissioner shall issue to the applicant a certificate of registration upon compliance with the registration require…
AS 08.18.040 Officers of board. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.041 Fees.
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(a) The department shall set fees under AS 08.01.065 for (1) registration and renewal of registration for all categories of contractors; (2) registration and renewal of registration for a home inspector qualified to inspect new homes; (3) registration and renewal of registration …
AS 08.18.050 Meetings and quorum. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.051 Identification requirements for contractors.
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(a) Except as provided otherwise by law, a person who has registered as a contractor under one name as required by this chapter may not act in the capacity of a contractor under any other name unless that name also is registered. (b) All advertising, contracts, correspondence, ca…
AS 08.18.053 Identification requirements for home inspectors.
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(a) Except as provided otherwise by law, an individual who is registered as a home inspector or associate home inspector under this chapter by one name may not act in the capacity of a home inspector or associate home inspector under any other name. (b) All advertising and busine…
AS 08.18.060 Executive director. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.061 Requirements of political subdivision.
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A contractor or home inspector who is registered with the state under this chapter may not be required to give bond in applying for or holding a license issued by a political subdivision for a similar occupation.
AS 08.18.070 Expenses. [Repealed, § 1 ch 100 SLA 1968.]
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Article 2. Bond and Insurance.
AS 08.18.071 Bond required.
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(a) Except as provided in (d) and (e) of this section, each applicant shall, at the time of applying for a certificate of registration, file with the commissioner a surety bond running to the state conditioned upon the applicant's promise to pay all (1) taxes and contributions du…
AS 08.18.080 Inspection or investigation by board. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.081 Claims against contractor or home inspector.
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(a) Except as provided in AS 08.18.085, a person having a claim against a contractor or home inspector for any of the items referred to in AS 08.18.071 may bring suit upon the bond in the district court of the judicial district in which venue lies. A copy of the complaint shall b…
AS 08.18.085 Legal actions against home inspector.
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(a) Notwithstanding contrary provisions of AS 08.18.081 or AS 09.10, a person may not bring an action against an individual registered under this chapter based on a home inspection report unless the action is commenced within one year. (b) The limitation in (a) of this section ap…
AS 08.18.090 Regulations of the board. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.091 Cancellation of bond.
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This chapter does not impair the right of a bonding company to cancel its bond of a contractor for lawful reasons.
AS 08.18.100 License required. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.101 Insurance required.
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(a) Each applicant, at the time of applying for registration or upon renewal of registration, shall file with the commissioner satisfactory evidence that the applicant has in effect (1) to the extent required under AS 23.30, workers' compensation insurance that is purchased from …
AS 08.18.110 Classification of licenses. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.111 Advertising bond and insurance.
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Contractors and home inspectors may not advertise that they are bonded and insured simply because they have complied with the bond and insurance requirements of this chapter.
AS 08.18.115 Return of cash deposit.
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Article 3. Enforcement. (a) A contractor or home inspector who has filed a cash deposit and who ceases doing business as a contractor or home inspector may request the return of as much of that cash deposit as is held by the commissioner by (1) filing a notarized statement with t…
AS 08.18.116 Investigations.
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(a) Either the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development may investigate alleged or apparent violations of this chapter relating to contractors. The Department of Commerce, Community, and Economic Development …
AS 08.18.117 Issuance of citations.
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Except as provided in AS 08.18.125, either the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development may issue a citation for a violation if there is probable cause to believe a person has violated this chapter with respe…
AS 08.18.118 Procedure and form of citation issuance and procedure.
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(a) A citation issued under this chapter must comply with AS 12.25.175 — 12.25.230. A person receiving the citation is not required to sign a notice to appear in court. (b) The time specified in the notice to appear on a citation issued under this chapter must be at least five wo…
AS 08.18.119 Failure to obey citation.
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Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, a person who without lawful justification or excuse fails to appear in court to answer a citation issued under this chapter, regardless of the disposition of the charge for which t…
AS 08.18.121 Suspension and revocation of registration.
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(a) If the insurance required in AS 08.18.101 ceases to be in effect, the registration of the contractor or home inspector shall be suspended until the insurance has been reinstated. (b) If a final judgment impairs the liability of the surety upon the bond or depletes the cash de…
AS 08.18.123 Denial, suspension, and revocation of endorsement or home inspector registration.
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(a) The department may suspend, revoke, or refuse to grant or renew a residential contractor endorsement, a home inspector registration, or an associate home inspector registration upon a finding that (1) the application is fraudulent or misleading; (2) the endorsement holder or …
AS 08.18.125 Administrative fine and procedure.
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(a) Notwithstanding any other remedy available under this chapter and except as provided in (e) of this section, the department may impose an administrative fine of not more than $1,000 for the first violation and not more than $1,500 for a second or subsequent violation of eithe…
AS 08.18.130 Requirement for license. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.131 Injunction; civil penalty.
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In an action instituted in the superior court by the Department of Commerce, Community, and Economic Development or the Department of Labor and Workforce Development, the court may enjoin a person from acting in the capacity of a contractor in violation of this chapter. In an act…
AS 08.18.140 Persons exempt from written examination. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.141 Violations.
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(a) A contractor, a home inspector, or a person acting in the capacity of a contractor or home inspector is guilty of a class B misdemeanor if the person (1) knowingly violates AS 08.18.011 or 08.18.025; and (2) has been previously (A) convicted of violating AS 08.18.011 or 08.18…
AS 08.18.150 Application. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.151 Legal actions by contractor or home inspector.
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Article 4. General Provisions. A person acting in the capacity of a contractor or home inspector may not bring an action in a court of this state for the collection of compensation for the performance of work or for breach of a contract for which registration is required under th…
AS 08.18.152 Prohibited acts for home inspectors.
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An individual registered under this chapter as a home inspector or associate home inspector may not (1) perform or offer to perform, for an additional fee, repairs to a subject property on which the home inspector or the home inspector's company has prepared a home inspection rep…
AS 08.18.154 Limitation on home inspector's activities.
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A registration issued under AS 08.18.022 does not authorize the holder to perform an activity for which a license is required under provisions of this title that are outside of this chapter.
AS 08.18.156 Exemptions related to home inspections.
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(a) Notwithstanding other provisions of this chapter, an individual who inspects a home is not required to be registered under this chapter as a home inspector or associate home inspector if the individual is (1) employed by the federal or state government, a political subdivisio…
AS 08.18.160 Written examination. [Repealed, § 1 ch 100 SLA 1968.]
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[Repealed or reserved.]
AS 08.18.161 Exemptions.
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To the extent that this chapter governs contractors, this chapter does not apply to (1) an authorized representative of the United States government, the state, or a political subdivision or agency of the state; (2) an officer of a court when acting within the scope of office; (3…