AS Title 28, Chapter 17: Commercial Driver Training Schools

Chapter 17. Commercial Driver Training Schools. Sec. 28.17.010. Regulatory and enforcement duty of commissioner of public safety. [Repealed, § 20 ch 241 SLA 1976.] Sec. 28.17.011. License required. A person may not operate a commercial driver training school or act as an instructor of a commercial driver training school unless licensed by the department as provided in this chapter. Sec. 28.17.020. Driver training school licenses. [Repealed, § 20 ch 241 SLA 1976.] Sec. 28.17.021. Exemptions. A driver education course or training that is approved by the department or the Department of Education and Early Development with the concurrence of the department, or is taught at an accredited college or university, is exempt from the provisions of this chapter, but an instructor employed by such a school or institution is exempt only to the extent that the instructor's activities are as an agent of the school or institution. Sec. 28.17.030. Instructor licenses. [Repealed, § 20 ch 241 SLA 1976.] Sec. 28.17.031. Issuance and expiration of licenses; fees. (a) The department shall issue a school or instructor license to an applicant who has complied with the provisions of this chapter and regulations adopted under this chapter. All licenses issued under this section expire on the last day of each calendar year. (b) Every application for an original or renewed school license must be accompanied by a fee of $25, and each application for an original or renewed instructor license must be accompanied by a fee of $5. Fees specified in this section may not be refunded if a license is refused, suspended, or revoked. (c) The department shall require an applicant for a license under this chapter to submit the applicant's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. The department shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 . Sec. 28.17.040. License renewal and fees. [Repealed, § 20 ch 241 SLA 1976.] Sec. 28.17.041. Regulations. (a) The commissioner of administration shall adopt regulations necessary to carry out the provisions of this chapter, and may call upon the commissioner of education and early development for assistance in formulating these regulations. (b) Regulations adopted under this section must state the requirements for a school license, including requirements concerning manner and form of application, location, place of business, facilities, records, equipment, courses and standards of instruction, instructors, previous records of the school and instructors, financial statements, schedule of fees and charges, character and reputation of the operators and instructors, vehicle equipment and condition, inspection during reasonable business hours, insurance or bonds in the sum and with the provisions the commissioner considers necessary, and other matters the commissioner may prescribe for the protection of the public. Regulations regarding courses and standards of instruction for (1) noncommercial motor vehicles must be consistent with standards adopted by the commissioner; and (2) commercial motor vehicles must meet or exceed the model curriculum for training tractor-trailer drivers adopted by the United States Department of Transportation. (c) Regulations adopted under this section must state the requirements for an instructor's license, including requirements concerning manner and form of application, moral character, reputation, physical condition, knowledge of the courses of instruction and traffic laws and safety principles and practices, driving record, driving ability, previous personal and employment record, and other matters the commissioner may prescribe for the protection of the public. Sec. 28.17.050. License suspension or revocation. [Repealed, § 20 ch 241 SLA 1976.] Sec. 28.17.051. Refusal, suspension, or revocation of license. (a) The department may refuse to issue or renew or may suspend or revoke a license issued under this chapter when it finds that the applicant or licensee has violated or failed to comply with a provision of this chapter or a regulation adopted under this chapter. (b) A suspension, revocation, or denial of a license under this chapter is subject to the notice and hearing requirements of AS 28.05.131 and 28.05.141. (c) A suspended or revoked license shall be returned immediately to the department by the licensee. Sec. 28.17.060. Exemptions. [Repealed, § 20 ch 241 SLA 1976.] Sec. 28.17.061. Civil penalty. (a) If the department determines a person has violated a provision of this chapter, or a regulation adopted under this chapter, the department may impose a civil penalty not to exceed $5,000. In determining the amount of a civil penalty imposed under this section, the department shall consider the economic benefit resulting from the violation, the person's prior violations under this section, and the seriousness of the violation. (b) Before imposing a civil penalty under this section, the department shall provide notice of the civil penalty and an opportunity to request an administrative hearing. If a hearing is not requested within 30 days after notice of the civil penalty is received, the right to a hearing is considered waived. If a hearing is requested, the hearing shall be conducted as provided under AS 28.05.141 . (c) If a person fails to pay a civil penalty imposed under this section within 30 days after the civil penalty is imposed by the department, or if the civil penalty is stayed pending an appeal, within 10 days after the court enters a final judgment in favor of the department, the department shall notify the attorney general. The attorney general may commence a civil action to recover the amount of the civil penalty. Sec. 28.17.070. Penalties. [Repealed, § 20 ch 241 SLA 1976.] Sec. 28.17.071. Definitions. In this chapter and regulations adopted under this chapter, unless the context otherwise requires, (1) “commercial driver training school” or “school” means a business or nonprofit enterprise for the education and training of persons, either practically or theoretically, or both, in the driving of motor vehicles, for which a consideration or tuition is charged; (2) “instructor” means a person, whether acting personally as operator of a school or acting for a school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons in the driving of motor vehicles. Sec. 28.17.080. Definitions. [Repealed, § 20 ch 241 SLA 1976.]