Alaska § 18.65.684 - Denial, revocation, or lapse of certificate.

§ 18.65.684. Denial, revocation, or lapse of certificate.

 (a) The department may deny an individual's application for a village public safety officer certificate or revoke a village public safety officer certificate in accordance with AS 44.62 (Administrative Procedure Act) if        (1) the individual knowingly makes a false statement in an application or other document required for employment or certification; or

 (2) after the date of hire, has             (A) been convicted of a                  (i) felony;

 (ii) misdemeanor crime involving domestic violence; or

 (iii) misdemeanor crime of dishonesty, a crime that resulted in serious physical injury to another person, or of operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance two or more times;

 (B) illegally used, possessed, manufactured, transported, or delivered an alcoholic beverage in violation of a local option under AS 04.11 or a municipal ordinance or a controlled substance; or

 (C) used, sold, cultivated, transported, manufactured, or distributed marijuana.

 (b) The department is not required to deny an individual's application for a certificate or revoke a certificate if the individual or holder of the certificate establishes by clear and convincing evidence that, in connection with a conviction for a misdemeanor crime involving domestic violence, the underlying conviction        (1) has been expunged or set aside;

 (2) is for an offense for which the officer has been pardoned; or

 (3) is for an offense for which the officer has had civil rights restored that were lost upon the conviction.

 (c) The holder of a certificate shall immediately return the certificate to the department upon notification of the revocation.

 (d) An individual who is denied a certificate or a holder whose certificate is revoked may appeal to the commissioner for reversal of the denial or revocation. The appeal must be received in writing within 30 days after the date of the notice of denial or revocation and must set out the reasons for the appeal. The commissioner or the commissioner's designee shall issue a written decision within 45 days after receipt of the appeal.

 (e) A certificate lapses if the holder is not employed as a full-time village public safety officer for a period of 12 consecutive months.

 (f) An individual may request reinstatement of a lapsed certificate after undergoing additional training as determined by the department and serving an additional probationary period of up to 12 months, at the discretion of the commissioner in consultation with the grant recipient. A certificate may not be reinstated if the certificate has lapsed for more than 10 years.