Sec. 8 AAC 62.070 - Definitions

ยง 8 AAC 62.070. Definitions

In 8 AAC 62.010 - 8 AAC 62.065

(1) "cause" means

(A) providing false information on the application furnished by the applicant or certificate holder to the department;

(B) evidence of improper handling, transportation, use, or storage of explosives by the applicant or certificate holder;

(C) a mental or physical disability that, even with reasonable accommodation, would interfere with the applicant or certificate holder's safe handling of explosives;

(D) the applicant's or certificate holder's indictment for or conviction of a crime as described in 18 U.S.C. 842(i)(1) or 8 AAC 62.030(a) (6);

(E) prohibition of the applicant or certificate holder from transporting, possessing, storing, or manufacturing explosives under 18 U.S.C. 842(i)(2) - (7); or

(F) other conduct considered by the department to show the applicant not to be competent to hold a certificate of fitness as set out in 8 AAC 62.020(a);

(2) "commissioner" means the Commissioner of Labor and Workforce Development or his designee;

(3) "department" means the Department of Labor and Workforce Development;

(4) "director" means the director of the division of labor standards and safety, Department of Labor and Workforce Development, or a designee;

(5) "examination" means a series of prepared questions administered either in writing or orally;

(6) "convicted" or "conviction" means a judgment entered by a court of competent jurisdiction in this state or another jurisdiction, either upon the entry of a plea, including a plea of no contest or nolo contendre, or after a bench or jury trial; "convicted" or "conviction"

(A) includes a suspended imposition of sentence, even if the conviction is formally set aside under AS 12.55.085; and

(B) does not include an executive order of clemency, or a record that has been expunged by order of a court;

(7) "indictment" means one of the following, pending adjudication or dismissal of the matter, or a decision by the district attorney's office not to prosecute:

(A) an indictment by information or presentment for an offense;

(B) an arrest and provision of a uniform summons and complaint for an offense.

(Eff. 1/2/71, Register 36; am 5/26/79, Register 70; am 10/2/83, Register 87; am 9/27/2008, Register 187)

As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.

Authority:AS 08.52.010

AS 08.52.040

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