(a) The department will, in its discretion, suspend a license when it determines, following an investigation, that the process server
- (1) lacks the ability, knowledge, skill, or professional judgment to perform the professional duties of a process server as required by AS 22.20, this chapter, rules of court, or department procedures;
- (2) failed to perform the duties and responsibilities of a process server as required by AS 22.20, this chapter, rules of court, or department procedures, but that failure is not a cause for revocation under (b) of this section;
- (3) failed to notify the department of a change of name, address, or telephone number as required by 13 AAC 67.910; or
- (4) failed to comply with the fee requirements of 13 AAC 67.220.
(b) The department will, in its discretion, revoke a license when it determines, following an investigation, that the process server
- (1) is not qualified to hold a license under 13 AAC 67.020;
(2) has intentionally or recklessly failed to perform the duties and responsibilities of a process server as required by AS 22.20, this chapter, rules of court, or department procedures, and that failure resulted in
- (A) the life, health, or safety of a member of the public being placed in jeopardy of death or injury; or
- (B) a person's property being placed in jeopardy of loss or injury;
- (3) has been convicted since licensure of a felony, a misdemeanor crime involving abuse or assault, or a misdemeanor crime involving dishonesty or fraud as defined in AS 11.46 and AS 11.56;
- (4) falsified or omitted information required to be provided in the process server's license application or in the supporting documents;
- (5) impersonated a law enforcement officer;
- (6) misapplied property;
- (7) engaged in misaccounting;
- (8) engaged in misconduct with respect to the examination required under 13 AAC 67.100;
- (9) failed to comply with AS 22.20, this chapter, rules of court, or department procedures relating to the service of process;
- (10) failed to maintain the surety bond required by 13 AAC 67.920;
- (11) engaged in conduct that is a cause for license suspension under (a) of this section and has already had two license suspensions; or
- (12) failed to keep adequate records as required by 13 AAC 67.930.
(Eff. 11/11/92, Register 124)
Authority: AS 22.20.100, AS 22.20.110, AS 22.20.120