Section 13.85.260. Denial of certificate.

	(a)  The council may deny a basic certificate upon a finding that the applicant for the certificate  
		(1) falsified or omitted information required to be provided on the application for certification or on supporting documents; or  
		(2) has been discharged, or resigned under threat of discharge, from employment as a probation, parole, correctional, or municipal correctional officer in this state or any other state or territory for cause for inefficiency, incompetence, or some other reason that adversely affects the ability and fitness of the officer to perform job duties or that is detrimental to the reputation, integrity, or discipline of the correctional agency where the officer worked.  
	(b)  The council will deny a basic certificate upon a finding that the applicant for the certificate  
		(1) has been convicted of a misdemeanor crime of domestic violence, or after hire as a  
			(A) probation, parole, or correctional officer, has been convicted of any felony, or of a misdemeanor crime listed in 13 AAC 85.210(b)(2); or  
			(B) municipal correctional officer, has been convicted of any felony, or of a misdemeanor crime listed in 13 AAC 85.215(b)(2) or (3);  
		(2) has, after hire as a probation, parole, correctional, or municipal correctional officer,  
			(A) used marijuana;  
			(B) illegally used or possessed a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person; or  
			(C) illegally purchased, sold, cultivated, transported, manufactured, or distributed a controlled substance;  
		(3) of a probation, parole, or correctional officer does not meet the standards in 13 AAC 85.210;  
		(4) of a municipal correctional officer does not meet the standards in 13 AAC 85.215; or  
		(5) has been discharged, or resigned under threat of discharge, from employment as a probation, parole, correctional, or municipal correctional officer in this state or any other state or territory for cause for conduct that would cause a reasonable person to have substantial doubt about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States or that is detrimental to the integrity of the correctional agency where the officer worked.  
	(c)  The executive director may act on an application for certification, consistent with standards and qualifications adopted by the council and consistent with AS 18.65.130 - 18.65.290. The executive director may deny an application, if the applicant does not satisfy those requirements. An applicant aggrieved by the decision of the executive director may petition for review of that decision by the council. The council's review of that decision is controlled by the Administrative Procedure Act.  
	(d)  If a person has been denied a basic certificate under this section, the person may petition the council for rescission of the denial after one year following the date of the denial. The petitioner must state in writing the reasons why the denial should be rescinded. A denial may be rescinded for the following reasons:  
		(1) newly discovered evidence that by due diligence could not have been discovered before the effective date of the denial;  
		(2) the denial was based on a mistake of fact or law, or on fraudulent evidence; or  
		(3) conditions or circumstances have changed so that the basis for the denial no longer exists.  
	(e)  If a petition for rescission is based on one or more of the reasons set out in (d) of this section, a hearing on the petition for rescission will be held before a hearing officer or the council. Following the hearing, the council will decide whether to rescind the denial, and will state on the record at the hearing, or in writing, the reasons for the decision. If the denial is rescinded, the applicant is eligible for hire by a correctional agency, but must serve the full probationary period required under 13 AAC 85.230 or 13 AAC 85.235, as applicable, before reapplying for certification.  
	(f)  A personnel action or subsequent personnel action regarding a probation, parole, correctional, or municipal correctional officer by the officer's employer, including a decision resulting from an appeal of the employer's action, does not preclude the council from denying the officer's basic certificate under this section.  
	(g)  In this section, "discharged" includes a termination initiated by the probation, parole, correctional, or municipal correctional officer's employer because the officer does not meet the standards in 13 AAC 85.210(a) or (b).  

Authorities

18.65.220;18.65.242;18.65.245;18.65.248;18.65.270;18.65.285

Notes

Reference

13 AAC 85.275

Authority

AS 18.65.220 AS 18.65.242 AS 18.65.245 AS 18.65.248 AS 18.65.270 AS 18.65.285

History

Eff. 8/8/90, Register 115; am 10/24/92, Register 124; am 9/6/96, Register 139; am 7/15/98, Register 147; am 4/12/2001, Register 158; am 8/8/2007, Register 183; am 9/24/2016, Register 219