Title 08 — Business and Professions

A person may not establish, operate, or maintain a commercial or public junk yard without a certificate of location prescribed by AS 08.60.050 — 08.60.100.

A person using or proposing to use a location for a commercial or public junk yard shall obtain a certificate of approval for the location. If the location is in a city of any class, the certificate shall be procured from the city council or its designee. If the location is outsi…

The commissioner of public safety, the city council, and organized borough assembly, in considering applications and regulations, shall take into account (1) the nature and development of surrounding property; (2) the need to protect the local economy, adjacent land owners, and t…

The commissioner of public safety or the cities or organized boroughs shall examine the location or proposed location of a junk yard and adopt reasonable regulations concerning the establishment, operation, and maintenance of businesses under the standards set out in AS 08.60.070…

A person who operates, establishes, or maintains a junk yard in any location without procuring a certificate of approval is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for a term of not more than one year, or by bo…

Article 2. Scrap Metal Dealer Record Requirements. In AS 08.60.050 — 08.60.100, (1) “junk” means any secondhand and used machinery, scrap iron, copper, lead, zinc, aluminum, or other metals; it also includes wrecked automobiles, tools, implements, rags, used building materials, r…

(a) A scrap metal dealer shall maintain an accurate paper or electronic record of each in-person transaction in which the dealer purchases scrap metal for $100 or more from another person. (b) The record of a transaction must include (1) the date, time, location, and value of the…

A scrap metal dealer shall require a person from whom the dealer is purchasing scrap metal for $100 or more to sign a written or electronic statement that the scrap metal is not stolen property. The person shall date the statement, and the scrap metal dealer, or the dealer's empl…

A dealer shall make the records required by AS 08.60.200 and 08.60.210 available for inspection by a law enforcement officer during the dealer's regular hours of business or at reasonable times if the dealer does not keep regular hours of business.

A dealer shall maintain the records of a transaction required by AS 08.60.200 and 08.60.210 for five years after the date of the transaction.

The requirements of AS 08.60.200 and 08.60.210 do not apply to a person's transactions with a dealer if the person maintains on file with the dealer the name, address, and telephone number of the person, and a taxpayer identification number issued by the federal Internal Revenue …

A dealer who knowingly fails to comply with AS 08.60.200 or 08.60.210 or a person who knowingly makes a false entry for a record required under AS 08.60.200 or 08.60.210 is guilty of a class A misdemeanor. In this section, “knowingly” has the meaning given in AS 11.81.900.

In AS 08.60.200 — 08.60.290, unless the context requires otherwise, (1) “dealer” means a scrap metal dealer; (2) “record” means a record required by AS 08.60.200 or 08.60.210; (3) “scrap metal” means used, discarded, or previously owned brass, copper, bronze, aluminum, lead, stai…

The Board of Massage Therapists is established in the department. The board consists of five members appointed by the governor as follows: (1) four licensed massage therapists who have been engaged in the practice of massage therapy in the state for the three years immediately pr…

In addition to the duties specified in AS 08.01, the board shall (1) provide for the examination of applicants by the board or through a nationally recognized competency examination approved by the board and issue licenses to applicants the board finds qualified; (2) adopt regula…

The board shall issue a license to practice massage therapy to a person who (1) applies on a form provided by the department; (2) pays the fees established under AS 08.61.090; (3) furnishes evidence satisfactory to the board that the person has completed a (A) course of study of …

The board shall issue a license to practice massage therapy to a person who (1) is 18 years of age or older; (2) applies on a form provided by the department; (3) pays the fees established under AS 08.61.090; (4) has submitted the person's fingerprints and the fees required by th…

The board shall renew a license issued under this chapter to a licensee who (1) pays the required fee; (2) meets the continuing education requirements established by the board; (3) has not been convicted of, or pled guilty or no contest to, a crime involving moral turpitude, or h…

After a hearing, the board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter if the board finds that the person (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional …

(a) A person may not practice massage therapy or represent that the person is a massage therapist unless the person holds a valid license under this chapter. In this subsection, a person represents that the person is a massage therapist when the person adopts or uses a title or d…

This chapter does not apply to a (1) person licensed in the state under a statute outside this chapter who performs massage therapy within the scope of practice for which the person's license was issued; (2) person who, while acting in an official capacity as an employee of the U…

The department shall set fees under AS 08.01.065 for application, license issuance, license renewal, and investigation under this chapter.

In this chapter, (1) “approved massage school” means a massage therapy school or program that (A) has an authorization to operate from the Alaska Commission on Postsecondary Education or a similar entity in another state; or (B) is accredited by a nationally recognized accreditin…

There is created the Board of Marine Pilots. It consists of two pilots licensed under this chapter who have been actively engaged in piloting on vessels subject to this chapter, two registered agents or managers of vessels subject to this chapter who are actively engaged in the p…

The governor shall appoint the members of the board under AS 08.01.020.

The board shall hold at least three regularly scheduled meetings each year. The board may hold special meetings at the call of the chair or at the request of a majority of the members of the board.

(a) The board shall (1) provide for the maintenance of efficient and competent pilotage service on the inland and coastal water of and adjacent to the state to assure the protection of shipping, the safety of human life and property, and the protection of the marine environment; …

[Repealed or reserved.]

(a) A pilot organization recognized by the board shall adopt and publish rates for the provision of pilotage services. The pilot organization shall adopt rates for pilotage services as provided under this section. Notwithstanding this section, a pilot organization may enter into …

Article 2. Licensing. (a) The department, with the approval of the board, may hire a marine pilot coordinator who is qualified to assist the board in administering and enforcing the provisions of this chapter. The coordinator is in the partially exempt service under AS 39.25.120.…

(a) A person may not pilot a vessel subject to this chapter unless the person is licensed under this chapter and is a member of a pilot organization recognized by the board. (b) A pilot may not be licensed in more than one pilotage region at one time unless the commissioner deter…

(a) A person who desires to be licensed under this chapter shall apply in writing to the department. (b) The application shall provide the information and be made on a form prescribed by the department. (c) In order to be eligible to take the next scheduled examination, a person …

(a) The board shall issue a deputy marine pilot license for a marine pilotage region to a person who (1) is a citizen of the United States; (2) passes the written and oral examinations that may be required by the board; (3) has completed training requirements established by the b…

(a) The board shall establish standards for training programs for a deputy marine pilot license. The standards may include requirements for (1) supervised familiarization and training trips on vessels subject to this chapter; (2) supervised dockings, undockings, and tug assisted …

(a) The board shall issue a marine pilot license for a marine pilotage region to a person who (1) is a citizen of the United States; (2) passes examinations that may be required by the board; (3) has three years experience as a deputy marine pilot licensed under this chapter; and…

[Repealed or reserved.]

(a) In order to renew a marine pilot license, a person who is licensed under AS 08.62.100 shall (1) submit an application for renewal of the license on a form provided by the department; (2) submit proof of continued qualification under AS 08.62.100 to receive a marine pilot lice…

(a) The board shall reinstate a lapsed marine pilot license if, in addition to complying with the requirements of AS 08.01.100(a) — (c) and AS 08.62.120, the pilot takes and passes a written and oral examination if the license has been lapsed one year or more. (b) The board shall…

(a) The department shall set fees under AS 08.01.065 for applications, licenses, agent registrations, investigations, audits, and training. (b) The fee for an application for an exemption under AS 08.62.180(b) from the mandatory pilotage requirement of this chapter is $250 plus $…

(a) The board shall impose a disciplinary sanction on a person licensed under this chapter when the board finds that the person (1) is incompetent in the performance of pilotage duties; (2) is chemically impaired; (3) illegally possesses, uses, or sells narcotic or hallucinogenic…

Article 3. Miscellaneous Provisions. (a) The board may take disciplinary action against a person licensed under this chapter under AS 08.01.075. (b) The board may impose a civil fine not to exceed $5,000 on a marine pilot organization recognized by the board if the organization v…

(a) A person licensed under this chapter has a primary duty to safely navigate vessels under the pilot's direction and control and to protect life and property and the marine environment while engaged in the provision of pilot services. (b) A person licensed under this chapter sh…

A vessel subject to this chapter navigating the inland or coastal water of or adjacent to the state as determined by the board in regulation shall employ a pilot holding a valid license under this chapter. The board shall define the mandatory pilotage water of the state.

(a) Pilots licensed under this chapter are independent contractors and may not be employed as an employee of the owner or operator of a vessel subject to this chapter. (b) The owner or operator of a vessel subject to this chapter may not employ a person licensed under this chapte…

(a) A pilot licensed under this chapter is not liable for damages in excess of $250,000 per incident for damages or loss occurring as a result of the error, omission, fault, or neglect of the pilot in performing pilotage services, except that the limitation does not apply in a ca…

Each vessel, its tackle, apparel, and furniture and the owner of the vessel are jointly and severally liable for the compensation of a pilot employed on the vessel and the pilot has a lien on the vessel, the vessel's tackle, apparel, and furniture for the pilot's compensation.

(a) To the extent permitted under federal and state law, persons licensed under this chapter may form organizations of pilots within each pilotage region established by the board. (b) The board shall recognize pilot organizations that satisfy the minimum standards established by …

(a) This chapter does not apply to (1) vessels subject to federal pilot requirements under 46 U.S.C. 8502 except as provided in AS 08.62.185; (2) fishing vessels, including fish processing and fish tender vessels, registered in the United States or in British Columbia, Canada; (3…

(a) Any oil tanker, whether enrolled or registered, of 50,000 dead weight tons or greater, shall, when navigating in state water beyond Alaska pilot stations employ a pilot licensed by the state under this chapter. (b) The pilot required in (a) of this section shall control the v…

A person may not act as an agent of a vessel subject to this chapter unless the person's name appears on the register of agents kept under AS 08.62.040(a)(3).