Title 08 — Business and Professions
52 chapters · 1,415 sections in this title.
AS 08.24.010 [Repealed, § 3 ch 101 SLA 1968.]
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[Repealed or reserved.]
AS 08.24.011 Collection Agency Board. [Repealed, § 16 ch 6 SLA 1984.]
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[Repealed or reserved.]
AS 08.24.016 Transportation and per diem. [Repealed, § 1 ch 165 SLA 1970.]
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[Repealed or reserved.]
AS 08.24.020 [Repealed, § 3 ch 101 SLA 1968.]
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[Repealed or reserved.]
AS 08.24.021 Appointment and term of office. [Repealed, § 16 ch 6 SLA 1984.]
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[Repealed or reserved.]
AS 08.24.030 [Repealed, § 3 ch 101 SLA 1968.]
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[Repealed or reserved.]
AS 08.24.031 Regulations. [Repealed, § 16 ch 6 SLA 1984.]
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[Repealed or reserved.]
AS 08.24.040 [Repealed, § 3 ch 101 SLA 1968.]
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[Repealed or reserved.]
AS 08.24.041 Duty to enforce chapter.
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The department shall enforce all laws and regulations relating to collection agencies.
AS 08.24.045 Duty to pass upon qualifications.
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The commissioner or the commissioner's designee shall pass upon the qualifications of applicants for collection agency licenses and operators licenses.
AS 08.24.050 [Repealed, § 3 ch 101 SLA 1968.]
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[Repealed or reserved.]
AS 08.24.051 Power to seek injunctions.
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The department may apply to the superior court for an injunction to temporarily restrain a violation of this chapter or a regulation adopted under it, conduct investigations of alleged violations of this chapter and regulations adopted under this chapter, and perform other action…
AS 08.24.060 [Repealed, § 3 ch 101 SLA 1968.]
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[Repealed or reserved.]
AS 08.24.061 Publication of applicable law.
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The department shall reproduce the laws relating to licensing of collection agencies and operators, the regulations adopted by the department and other pertinent matter, publish the material in pamphlet form, and make the pamphlets available to the public without expense.
AS 08.24.070 [Repealed, § 3 ch 101 SLA 1968.]
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[Repealed or reserved.]
AS 08.24.071 Directory of licensed agencies. [Repealed, § 19 ch 6 SLA 1998.]
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[Repealed or reserved.]
AS 08.24.080 [Repealed, § 3 ch 101 SLA 1968.]
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[Repealed or reserved.]
AS 08.24.090 License required.
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(a) A person other than a collection agency licensed and authorized under this chapter may not for compensation (1) conduct a collection agency business in this state; (2) collect claims for others in this state; (3) solicit the right to collect or receive payment of a claim for …
AS 08.24.100 Licensed operator required; exceptions; renewal.
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(a) Notwithstanding any other provision of this chapter, a licensee may not engage in the collection agency business unless and until the collection agency and each branch office of the agency is under the management and control of a licensed operator for each office. The departm…
AS 08.24.110 Qualification for operator's license.
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(a) To qualify for an operator's license, the applicant shall (1) be a high school graduate, or have the equivalent education of a high school graduate; (2) be of good moral character; (3) not have been convicted of violating this chapter, nor have any unsettled complaints under …
AS 08.24.120 Application for operator's license.
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(a) An application for an operator's license shall be made on forms furnished by the department and must contain the information required in AS 08.24.110 and the following: (1) a complete set of fingerprints and the fees required by the Department of Public Safety under AS 12.62.…
AS 08.24.130 Application for agency license.
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(a) An application for a collection agency license or for a renewal of a license shall be made upon forms furnished by the department and must contain the following information: (1) the full name and proposed business name of the applicant; (2) the address of the applicant's prin…
AS 08.24.135 Fees.
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The department shall set fees for licenses and applications under AS 08.01.065 and shall set delayed renewal penalties under AS 08.01.100.
AS 08.24.140 Fee, bond, and other material.
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(a) The application must be accompanied by (1) if it is an original application, the application fee; (2) the biennial license fee for a collection agency for the principal place of business and the same amount for each branch office; (3) a bond running to the state with a surety…
AS 08.24.150 Bond.
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(a) The bond provided for in AS 08.24.140 shall be in the sum of $5,000, executed by the applicant, as principal, and by a corporation that is licensed or authorized to transact business of fidelity and surety insurance within the state as surety. The department may at any time r…
AS 08.24.160 Form of bond.
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The bond required by AS 08.24.140 and 08.24.150 shall be in the form substantially as follows: BONDKnow all Men by These Presents that we,.................................., as principal, and ..................................as surety, are held and firmly bound to the State of A…
AS 08.24.170 Return of fees and bond.
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If the department does not issue the license applied for, the license fee and bond shall be returned. The application fee may not be returned.
AS 08.24.180 Persons presently engaged in collection business. [Repealed, § 62 ch 21 SLA 1991.]
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[Repealed or reserved.]
AS 08.24.190 License not assignable; death of licensee.
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(a) Except as provided in (b) of this section, a license granted under this chapter is a personal privilege and is not assignable. (b) Upon the death of a collection agency licensee, the department has the right to transfer the license of the decedent to the executor or administr…
AS 08.24.200 Expiration and renewal.
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(a) All licenses required by this chapter shall expire on June 30, 1970, and June 30 of each second year thereafter and shall be renewed as of July 1 following upon payment of required biennial fees. (b) If a licensee under this chapter is delinquent for a period of 15 days in ap…
AS 08.24.210 Annual statement of collection.
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Each collection agency licensee shall, not later than January 31 of each calendar year, file with the department a verified annual statement for the preceding calendar year, showing the respective amounts of all customers' money collected by the licensee during the preceding cale…
AS 08.24.220 Semiannual statement of employees. [Repealed, § 19 ch 6 SLA 1998.]
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[Repealed or reserved.]
AS 08.24.230 False declarations in statement.
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The wilful making of a false declaration in the annual statement or biennial statement of employees constitutes sufficient grounds for revocation of the license of the licensee.
AS 08.24.240 Failure to file statement.
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If the annual statement of collection is not filed as required under AS 08.24.210, the failure to file constitutes grounds for the immediate suspension of the collection agency license of the licensee failing to file the statement, and the department shall notify the licensee by …
AS 08.24.250 Information confidential.
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Except as otherwise provided in this chapter, information in whatever form required to be filed by the terms of AS 08.24.210 shall be confidential and may not become a public record, but it may be introduced in evidence in a suit, action, or proceeding in a court or in a proceedi…
AS 08.24.260 Investigations.
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The department may, upon its own motion, and shall, upon the sworn complaint in writing of a customer of a collection agency, investigate the actions of a licensee claimed to have violated this chapter and, for that purpose, shall have free access to the offices and place of busi…
AS 08.24.270 Administrative Procedure Act.
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The department shall comply with AS 44.62 (Administrative Procedure Act) both as to adoption of regulations and adjudication.
AS 08.24.280 Records and funds.
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(a) A collection agency shall keep a record of all sums collected by it, and of all disbursements made by it, and shall maintain and keep all the records and all customers' funds in a trust account with a recognized financial institution in this state. Collection agencies shall m…
AS 08.24.290 Suspension, revocation, or refusal to renew or grant a license or certificate.
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The department may suspend, revoke, or refuse to renew or grant a license issued or applied for under this chapter if the licensee or applicant or a partner, associate, or major stockholder of a collection agency has since the date of the application been disbarred from the pract…
AS 08.24.300 Court action by agency.
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A collection agency is not entitled to maintain a suit or action involving the collection of money on behalf of its customers in a court of this state without alleging and proving that it is licensed and has procured a bond, as provided in this chapter. A copy of the collection a…
AS 08.24.310 Additional business names.
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A collection agency using a business name other than the one appearing on the application for its license shall secure a separate license and bond as provided in this chapter for each business name used.
AS 08.24.320 Documents which imitate judicial process.
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Forms of demand or notice or other documents drawn to resemble court process may not be used by collection agencies in the collection of bills, accounts, or other indebtedness.
AS 08.24.330 Duty to maintain a public office.
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Each collection agency shall maintain its principal office and any branch office at a street address that is stated in its original application for license or another address that the agency may designate to the department; the office shall be maintained in such a manner as to be…
AS 08.24.340 Statement of persons employed by agency.
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(a) Within 15 days after licensure under this chapter, a collection agency shall submit to the department a list of all persons employed by the agency. Thereafter, upon hiring a new employee, the collection agency shall, within 15 days after the hiring, submit to the department t…
AS 08.24.350 Notice of withdrawal of employees.
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When an employee withdraws from employment or the employee's employment with a collection agency is terminated for any reason, the agency shall, within 15 days of withdrawal or termination of employment, notify the department in writing of the employee's withdrawal from employmen…
AS 08.24.360 Fines and penalties.
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A collection agency or an operator who fails on written demand to render a true and complete account to the person from whom an indebtedness was taken for collection or who fails to turn over to that person the proceeds of the collection within 30 days after written demand, or wh…
AS 08.24.370 Nonresidents.
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A nonresident may apply for and receive a collection agency license or an operator license or both on the same basis as a resident. The application fee and the biennial license fee for a nonresident operator or nonresident agency license are double the same fees established by re…
AS 08.24.380 Definitions.
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In this chapter, (1) “collection agency” means a person licensed and authorized to engage in the collection agency business; (2) “collection agency business” means the business of engaging directly or indirectly and having as a primary or secondary object, business or pursuit the…