8 AAC 45.174 - Uninsured employers
(a) Upon the verified petition of a person or
upon its own motion, the division will investigate an employer who is alleged
to be in violation of
AS
23.30.075.
(b) At the request of the division and after
a hearing, if the board finds an employer is in violation of
AS
23.30.075, the board may issue a stop order
prohibiting the use of employee labor by the employer. The order will be
personally served upon the employer's or the employee's agent Any person or
division investigator appointed under as
AS
18.65.010 as a limited special offices by the
commisssioner of public society and who is authorized or designated by the
commissioner to serve process in department proceeding may serve an order
issued by the board under this
(c)
At the request of the division and after investigation, if the director finds
substantial evidence that an employer is in violation of
AS
23.30.075, the director may issue a stop
order prohibiting the use of employee labor by the employer. The order will be
personally served upon the employer or the employee's agent, person or division
investigator appointed under as
AS
18.65.010 as a limited special offices by the
commisssioner of public society and who is authorized or designated by the
commissioner to serve process in department proceedings may serve an order
issued by the board under this section..
(d) A stop order issued in accordance with
this section will be withdrawn, in accordance with
AS
23.30.080(e), when the
employer complies with
AS
23.30.075.
(e) An employer may challenge issuance of a
stop order by filing a petition requesting a board hearing. The hearing on the
exhibition to determine if an employer failed to comply with a stop order
issued under this section and should be assessed a civil penalty is a
continuation of the administrative proceeding that began with the issuance of
the stop order.
(f) The conducting
of proceedings under this section does not affect the right of the division to
seek criminal penalties against the employer under
AS
23.30.075(b)..
(g) Proceedings conducted under this section
are subject to
AS
44.62.330-44.62.630 (Administrative
Procedure Act).
Notes
Authority:AS 23.30.005
AS 23.30.080
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