Title 08 — Business and Professions
52 chapters · 1,415 sections in this title.
AS 08.76.250 Extension of grace period.
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A pawnbroker and a pledgor may agree to extend the 30-day grace period allowed under AS 08.76.270(b), but each extension may not exceed 30 days. An extension must be in writing, and the pawnbroker shall give the pledgor a copy of the extension agreement. The agreement must clearl…
AS 08.76.260 Retention, storage, and lease.
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A pawnbroker shall store pledged property in a secure area and maintain the pledged property in an unaltered condition. A pawnbroker may not lease pledged property.
AS 08.76.270 Redemption.
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(a) Unless there is a hold order on the pledged property, the pledged property is subject to a claim under AS 08.76.370 or 08.76.380, or the property is returned to a lessor under AS 08.76.400, a pledgor may redeem pledged property by paying the amount financed and the finance fe…
AS 08.76.280 Military personnel.
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A pawnbroker shall waive the unpaid amount financed and the finance fee due on a pawn transaction and hold, except as provided in AS 08.76.320 — 08.76.380, the pledged property that is the subject of the pawn transaction on the pawnbroker's business premises until 60 days after t…
AS 08.76.290 Business operation method and hours.
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A pawnbroker may not engage in the business of being a pawnbroker (1) by using a method, including a drive-through window, in which a person remains in a motor vehicle while conducting the pawnbroker transaction; or (2) between the hours of 12 midnight and 6:00 a.m.
AS 08.76.300 Waiver prohibited.
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A pawnbroker may not require or allow a person to waive a provision of AS 08.76.100 — 08.76.590.
AS 08.76.310 Employees.
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A pawnbroker may not knowingly employ a person to work in a pawnshop if, within five years before the employment begins, the person was convicted of, entered a plea of guilty to, entered a plea of no contest to, or had adjudication withheld for a felony or for a misdemeanor invol…
AS 08.76.320 Issuance of police hold order.
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(a) When a law enforcement officer has probable cause to believe that property in the possession of a pawnbroker at a pawnshop in the law enforcement officer's jurisdiction has been misappropriated, the law enforcement officer may issue a police hold order that directs the pawnbr…
AS 08.76.330 Evidentiary hold order.
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(a) When property in the possession of the pawnbroker may be needed as evidence in a filed court action involving a criminal charge, a law enforcement agency may issue an evidentiary hold order to a pawnbroker that directs the pawnbroker not to release or dispose of the property …
AS 08.76.340 Contents and form of hold order.
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A hold order must be in writing and contain (1) the name of the pawnbroker; (2) if a police hold order, the name, title, and identification number of the law enforcement officer issuing the police hold order, and the name and address of the law enforcement agency for which the la…
AS 08.76.350 Duration of police hold order.
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(a) A police hold order may not exceed 30 days. However, a law enforcement officer may extend the police hold order for two additional successive 30-day periods by giving written notification to the pawnbroker before the expiration of each 30-day period. (b) A law enforcement age…
AS 08.76.360 Noncompliance with hold order.
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The department may suspend or revoke a pawnbroker's license if the pawnbroker knowingly fails to comply with a hold order.
AS 08.76.370 Claim notification.
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(a) If a person believes that property in the possession of a pawnbroker was misappropriated from the person, and if the person wants to obtain possession of the property from the pawnbroker, the person shall first notify the pawnbroker by certified mail, return receipt requested…
AS 08.76.380 Court action on claim.
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If a claimant and a pawnbroker do not resolve a claim within 10 days after the pawnbroker's receipt of a notice of the claim under AS 08.76.370, the claimant may bring an action in superior court to require the pawnbroker to return the property to the claimant. After a pawnbroker…
AS 08.76.390 Liability of pledgor.
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A pledgor or seller of property to a pawnbroker is liable to the pawnbroker for the full amount that the pledgor or seller received from the pawnbroker, all charges owed by the pledgor for the pawnbroker transaction, and attorney fees and other costs as allowed by the rules of co…
AS 08.76.400 Recovery of leased property.
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(a) If property in the possession of a pawnbroker was leased to a pledgor or seller when the pledgor or seller pledged or sold the property to the pawnbroker, but the property did not have a permanent label or other conspicuous mark identifying it as the lessor's property, the pa…
AS 08.76.410 Law enforcement reports.
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(a) A pawnbroker shall provide a law enforcement officer with a law enforcement report in paper or in an electronic format on a weekly basis. (b) A law enforcement report is confidential under AS 40.25.100 — 40.25.220, and a law enforcement officer and a law enforcement agency ma…
AS 08.76.420 Contents of law enforcement reports.
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(a) A law enforcement report must contain (1) a complete and accurate description of all property pledged to or purchased by the pawnbroker, including, as applicable, the property's (A) brand name, model number, and manufacturer's serial number; and (B) type of action and caliber…
AS 08.76.430 Inspection by law enforcement entities.
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If a law enforcement agency provides the case number assigned to the investigation for which the inspection is being made, a pawnbroker may not refuse to allow the law enforcement agency to inspect during normal business hours the pawnbroker's register and the purchased property …
AS 08.76.440 Discipline.
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(a) The department may, after notice to the licensee and reasonable opportunity to be heard, take the following disciplinary action against a licensee if the licensee or an officer, agent, or employee of the licensee violates AS 08.76.100 — 08.76.590: (1) permanently revoke a lic…
AS 08.76.450 Civil penalty.
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If a licensee, or an officer, agent, or employee of a licensee violates AS 08.76.100 — 08.76.590, the licensee is liable to the state for a civil penalty. Notwithstanding AS 08.01.075(a)(8), the penalty may not be less than $200 or more than $2,000. The amount of the civil penalt…
AS 08.76.460 Municipal regulation.
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(a) Subject to (b) of this section, a municipality with the authority under AS 29 to enact ordinances regulating pawnbrokers and pawnbroker transactions may adopt an ordinance regulating pawnbrokers and pawnbroker transactions if, at a minimum, the ordinance complies with AS 08.7…
AS 08.76.470 Regulations.
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(a) The department may adopt regulations to implement AS 08.76.100 — 08.76.590. (b) Before the department adopts a regulation to implement AS 08.76.100 — 08.76.590, the department shall, in addition to any other requirements under AS 44.62 (Administrative Procedure Act), notify l…
AS 08.76.500 Exemptions.
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This chapter does not apply to (1) a financial institution that is subject to the regulation of the department under AS 06, including a commercial bank, savings bank, credit union, premium finance company, small loan company, bank holding company, financial holding company, trust…
AS 08.76.590 Definitions.
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In AS 08.76.100 — 08.76.590, (1) “amount financed” means the amount of money, excluding a finance fee, charged by a pawnbroker for a pawn transaction; (2) “business” includes advertising; (3) “claim” means a claim under AS 08.76.370; (4) “claimant” means a person who makes a clai…
AS 08.80.003 Practice of pharmacy as a profession.
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The practice of pharmacy is declared to be a professional practice affecting the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest that only qualified persons be permitted t…
AS 08.80.005 Statement of purpose.
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It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy.
AS 08.80.010 Creation and membership of board; officers.
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(a) There is created the Board of Pharmacy, composed of seven members, five of whom shall be pharmacists licensed in the state who have been actively engaged in the practice of pharmacy in the state for a period of three years immediately preceding their appointment. One shall be…
AS 08.80.020 Term of office. [Repealed, § 20 ch 80 SLA 1996. For current provisions, see AS 39.05.053.]
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[Repealed or reserved.]
AS 08.80.030 Powers and duties of the board.
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(a) The board is responsible for the control and regulation of the practice of pharmacy. (b) In order to fulfill its responsibilities, the board has the powers necessary for implementation and enforcement of this chapter, including the power to (1) elect a president and secretary…
AS 08.80.040 Duties of the board. [Repealed, § 28 ch 45 SLA 1996.]
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[Repealed or reserved.]
AS 08.80.045 Nonprescription drugs and devices.
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(a) Except as provided in (b) of this section the board may not regulate the sale of patent or nonprescription drugs that are prepackaged for use by the consumer, are in their original, unbroken packaging, and are labeled in accordance with requirements of the federal government.…
AS 08.80.050 Applicability of Administrative Procedure Act.
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The board shall comply with AS 44.62 (Administrative Procedure Act).
AS 08.80.060 Meetings of the board.
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The board shall meet at least three times each year at the call of the president for the transaction of business properly before it. The president shall also call the board into session when requested in writing by at least two members. Meetings may be held telephonically.
AS 08.80.070 Quorum.
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Four members constitute a quorum for the transaction of business. However, when the board meets for the purpose of examining applications for licensure, three members of the board constitute a quorum.
AS 08.80.080 Expenses of members.
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Members of the board are entitled to reimbursement for actual travel expenses incidental to the discharge of their duties and, while in the performance of their duties, are entitled to the per diem expenses allowed by law.
AS 08.80.090 Disposition of fees. [Repealed, § 54 ch 37 SLA 1985.]
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[Repealed or reserved.]
AS 08.80.100 Board secretary as certifying officer. [Repealed, § 3 ch 59 SLA 1966.]
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[Repealed or reserved.]
AS 08.80.105 Removal of board members.
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Article 2. Licensing and Registration. A member of the board may be removed from office by the governor for cause.
AS 08.80.110 Qualifications for licensure by examination.
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An applicant for licensure as a pharmacist shall (1) be fluent in the reading, writing, and speaking of the English language; (2) be a graduate of a college in a degree program approved by the board; (3) pass an examination or examinations given by the board or acceptable to the …
AS 08.80.115 Registration of pregraduate and postgraduate intern pharmacist. [Repealed, § 40 ch 177 SLA 1978.]
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[Repealed or reserved.]
AS 08.80.116 Internship and other training programs.
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(a) An applicant for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance, or both, under terms and conditions the board shall determine. (b) The board shall establish licensure requirements for interns…
AS 08.80.117 Malpractice insurance. [Repealed, § 7 ch 94 SLA 1980; § 21 ch 166 SLA 1980.]
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[Repealed or reserved.]
AS 08.80.120 Grading and content of examination.
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The examination or examinations shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with an organization or consultant in the preparation and grading of an examination, but shall retain …
AS 08.80.130 Reexamination. [Repealed, § 28 ch 45 SLA 1996.]
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[Repealed or reserved.]
AS 08.80.140 License by credentials. [Repealed, § 28 ch 45 SLA 1996.]
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[Repealed or reserved.]
AS 08.80.145 Reciprocity; license transfer.
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If another jurisdiction allows licensure in that jurisdiction of a pharmacist licensed in this state under conditions similar to those in this section, the board may license as a pharmacist in this state a person licensed as a pharmacist in the other jurisdiction if the person (1…
AS 08.80.147 Renewal of licensure.
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If a pharmacist fails to apply for renewal of a license within five years from the expiration of the license, the person must pass an examination for license renewal, except that a person who has continually practiced pharmacy in another state under a license issued by the author…
AS 08.80.150 Temporary license.
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The board shall adopt regulations regarding the issuance of a temporary license to practice pharmacy.
AS 08.80.155 Emergency permit.
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The board shall adopt regulations regarding the issuance of an emergency permit to practice under this chapter.