Section 13 AAC 63.090 - Denial or revocation of certificate(a) The scientific director will, in his or her discretion, deny or revoke the certificate of a breath test operator or a supervisor if the scientific director determines that the operator or supervisor has repeatedly failed to follow approved procedures, has engaged in conduct detrimental to the reputation or integrity of the breath test program, or is otherwise unfit to perform his or her duties. An operator or supervisor whose certificate has been denied or revoked is not eligible to apply for a certificate until one year after the date of the denial or revocation, or until some other time designated by the scientific director.(b) An operator or supervisor may appeal the denial or revocation of a certificate by submitting to the commissioner, within 15 days after receipt of notice of the scientific director's decision, a written appeal and request for a hearing. The appellant must state the factual and legal basis for the appeal.(c) The commissioner will review the appeal and, within 20 days after receipt, advise the appellant of acceptance or rejection of the appeal. If the appeal is rejected, the commissioner will state the reason for the rejection.(d) If the commissioner determines that there is reason to believe that the denial or revocation of the certificate was an abuse of discretion, the commissioner will appoint a hearing officer and will schedule a hearing for the earliest practicable time, but not later than 30 days after the commissioner's decision.(e) The hearing officer shall submit a recording of the hearing, a summary of oral testimony, copies of any written testimony, and a written recommendation to the commissioner. The commissioner will make the final decision on the appeal.Eff. 4/29/89, Register 110Authority:AS 28.05.011
AS 28.35.033(d)