Sec. 18.20.430. Enforcement, offenses, and penalties.

319 words·~1 min read·/ak/title-18/chapter-20/18-20-430

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(a)The commissioner shall administer AS 18.20.400 — 18.20.499 and adopt regulations for implementing and enforcing AS 18.20.400 — 18.20.499.

(b)A complaint alleging a violation of AS 18.20.400 — 18.20.499 must be filed with the commissioner within 30 days after the date of the alleged violation. The commissioner shall provide a copy of the complaint to the health care facility named in the filing within three business days after receiving the complaint.

(c)If the commissioner finds that a health care facility has knowingly violated an overtime provision of AS 18.20.400 — 18.20.499, the following civil penalties shall apply:

(1)for a first violation of AS 18.20.400 — 18.20.499, the commissioner shall reprimand the health care facility;

(2)for a second violation of AS 18.20.400 — 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of $500;

(3)for a third violation of AS 18.20.400 — 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $2,500 but not more than $5,000;

(4)for each violation of AS 18.20.400 — 18.20.499 after a third violation of AS 18.20.400 — 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $5,000 but not more than $25,000.

(d)As an employer, a health care facility violates an overtime provision of AS 18.20.400 — 18.20.499 “knowingly” when the facility is either aware that its conduct is of a nature prohibited by the overtime provision or aware that the circumstances described in the overtime prohibition exist; however, when knowledge of the existence of a particular fact is required to establish that the violation was knowing, that knowledge exists when the facility is aware of a substantial probability of its existence, unless the facility reasonably believes it does not exist.