Section 13.85.270. Revocation of certificate.

	(a)  The council may revoke a basic certificate upon a finding that the holder of the certificate  
		(1) falsified or omitted information required to be provided on an application for certification, or in supporting documents;  
		(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;  
		(3) is a probation, parole, or correctional officer and does not meet the standards in 13 AAC 85.210(a) or (b); or  
		(4) is a municipal correctional officer and does not meet the standards in 13 AAC 85.215(a) or (b).  
	(b)  The council will revoke a basic certificate upon a finding that the holder of 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; or  
		(3) 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 of the council may initiate proceedings under the Administrative Procedure Act for the revocation of a certificate issued by the council when the revocation complies with AS 18.65.130 - 18.65.290 and 13 AAC 85.200 - 13 AAC 85.280.  
	(d)  If a basic certificate was revoked under this section, the former probation, parole, correctional, or municipal correctional officer may petition the council for rescission of the revocation after one year following the date of the revocation. The petitioner must state in writing the reasons why the revocation should be rescinded. The council may rescind a revocation for the following reasons:  
		(1) newly discovered evidence that by due diligence could not have been discovered before the effective date of the revocation;  
		(2) the revocation 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 revocation 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 revocation, and will state on the record at the hearing, or in writing, the reasons for the decision. If the revocation is rescinded, the petitioner 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 applying for reinstatement of a basic certificate.  
	(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 revoking 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 85.210
13 AAC 85.215
13 AAC 85.250
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