Section 3 AAC 306.809 - Notice of violation(a) A notice of violation must be in writing on a form approved by the board and include (1) a description of each violation;(2) a statement of applicable statutes, regulations, or local laws that were violated;(3) a description of any history of prior violations of AS 17.38 and this chapter by the licensee;(4) the recommended disciplinary action, including a fine or probation; and(5) the signature of the investigator from the office.(b) The notice of violation must be delivered to the licensee at the licensee's licensed premises, filed with the board, and, if applicable, delivered to the appropriate law enforcement agency. The notice of violation must be documented in the licensee's enforcement file maintained by the director.(c) A licensee may contest a notice of violation or a recommended disciplinary action by filing a written response to the director not later than 10 days after licensee's receipt of the notice. In the written response, the licensee may either contest the notice of violation as an appeal of the director's decision as described under 3 AAC 306.845 or request an informal conference with the director under 3 AAC 306.844.(d) If a licensee's written response requests an informal conference with the director under 3 AAC 306.844, the director shall schedule the conference not later than 10 days after receipt of the request. Thereafter, the director may uphold the recommended disciplinary action, reduce the disciplinary action, or dismiss the notice of violation. The director's decision to uphold the recommended disciplinary action, reduce the disciplinary action, or dismiss the notice of violation must be documented in the licensee's enforcement file maintained by the director.(e) If the licensee requests that the notice of violation be addressed by the board, either after or without conferencing with the director, the board will consider the notice of violation as an appeal of a director's decision at its next regularly scheduled meeting. At that meeting, the director shall present information and witnesses sufficient to prove to the satisfaction of the board that the violation occurred and the recommended fine or other disciplinary action is consistent with board precedent; the licensee may present information and witnesses to contest the disciplinary action and rebut the director's presentation.(f) Following the presentation described in (e) of this section, the board shall determine whether a preponderance of evidence supports upholding the notice of violation and, if so, determine the appropriate fine or other disciplinary action based on board precedent. The board may vacate the notice of violation, decrease the recommended disciplinary action, or order additional disciplinary action, including a request that the director prepare an accusation for suspension or revocation of the license.(g) A decision by the board relating to a notice of violation, civil fine, or other disciplinary action may be appealed to the superior court under AS 44.62.560, excluding a request that the director prepare an accusation for suspension or revocation of a license.(h) A notice of violation may be the basis of a proceeding to suspend or revoke a marijuana establishment's license as set out under 3 AAC 306.810.Eff. 7/23/2023, Register 247, October 2023Authority:AS 17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.131
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS 17.38.900