13 AAC 67.240 - Suspension and revocation of license

(a) The department will, in its discretion, suspend a license when it determines, following an investigation, that the process server

(1) lacks the ability, knowledge, skill, or professional judgment to perform the professional duties of a process server as required by AS 22.20, this chapter, rules of court, or department procedures;

(2) failed to perform the duties and responsibilities of a process server as required by AS 22.20, this chapter, rules of court, or department procedures, but that failure is not a cause for revocation under (b) of this section;

(3) failed to notify the department of a change of name, address, or telephone number as required by 13 AAC 67.910; or

(4) failed to comply with the fee requirements of 13 AAC 67.220.

(b) The department will, in its discretion, revoke a license when it determines, following an investigation, that the process server

(1) is not qualified to hold a license under 13 AAC 67.020;

(2) has intentionally or recklessly failed to perform the duties and responsibilities of a process server as required by AS 22.20, this chapter, rules of court, or department procedures, and that failure resulted in

(A) the life, health, or safety of a member of the public being placed in jeopardy of death or injury; or

(B) a person's property being placed in jeopardy of loss or injury;

(3) has been convicted since licensure of a felony, a misdemeanor crime involving abuse or assault, or a misdemeanor crime involving dishonesty or fraud as defined in AS 11.46 and AS 11.56;

(4) falsified or omitted information required to be provided in the process server's license application or in the supporting documents;

(5) impersonated a law enforcement officer;

(6) misapplied property;

(7) engaged in misaccounting;

(8) engaged in misconduct with respect to the examination required under 13 AAC 67.100;

(9) failed to comply with AS 22.20, this chapter, rules of court, or department procedures relating to the service of process;

(10) failed to maintain the surety bond required by 13 AAC 67.920;

(11) engaged in conduct that is a cause for license suspension under (a) of this section and has already had two license suspensions; or

(12) failed to keep adequate records as required by 13 AAC 67.930.

Notes

13 AAC 67.240

Eff. 11/11/92, Register 124

Authority:AS 22.20.100

AS 22.20.110

AS 22.20.120