In 8 AAC 62.010 - 8 AAC 62.065

1. (1) "cause" means

   1. (A) providing false information on the application furnished by the applicant or certificate holder to the department;
   2. (B) evidence of improper handling, transportation, use, or storage of explosives by the applicant or certificate holder;
   3. (C) a mental or physical disability that, even with reasonable accommodation, would interfere with the applicant or certificate holder's safe handling of explosives;
   4. (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);
   5. (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
   6. (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. (2) "commissioner" means the Commissioner of Labor and Workforce Development or his designee;
3. (3) "department" means the Department of Labor and Workforce Development;
4. (4) "director" means the director of the division of labor standards and safety, Department of Labor and Workforce Development, or a designee;
5. (5) "examination" means a series of prepared questions administered either in writing or orally;

6. (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"

   1. (A) includes a suspended imposition of sentence, even if the conviction is formally set aside under AS 12.55.085; and
   2. (B) does not include an executive order of clemency, or a record that has been expunged by order of a court;

7. (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:

   1. (A) an indictment by information or presentment for an offense;
   2. (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)