Sec. 44.29.094. Procedure and form of citation.

506 words·~2 min read·/ak/title-44/chapter-29/44-29-094·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A citation issued under AS 44.29.092 must comply with the standards adopted under AS 12.25.175 and 12.25.200 and must contain a notice to appear in court. A person receiving the citation is not required to sign the notice.

(b)The time specified in the notice to appear in court on the citation shall be at least five working days after the issuance of the citation.

(c)The department is responsible for issuing to its agents or employees books containing the appropriate form of citations and shall maintain a record of each book issued and each form contained in the book. The department shall require and retain a receipt for each book issued under this subsection to an agent or employee of the department.

(d)The original or a copy of the form of citation shall be deposited with a court having jurisdiction over the alleged offense. Upon deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. A citation, copies of a citation, or the record of issuance may not be disposed of except as required under this subsection and

(e)of this section.

(e)The department shall require the return of a copy of each citation issued by an agent or employee of the department and all copies of the citation that have been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with each citation issued by an agent or employee, a record of the disposition of the charge by the court where the original copy of the citation is deposited.

(f)A citation issued under AS 44.29.092 is considered to be a lawful complaint for the purpose of prosecution.

(g)The department shall notify the person who holds the business license endorsement required by AS 43.70.075

(a)that the person's agent or employee has received a citation for a violation of AS 11.76.100 , 11.76.106, or 11.76.107. The department may make the notification by delivering a copy of the citation or another document that includes the essential facts constituting the violation charged. The department shall accomplish the delivery by

(1)hand delivery of the citation or other document to a person who confirms that the person serves in a management or supervisory position at the location, or outlet in a location, where the alleged violation occurred; or

(2)mailing the citation or other document by first class mail to the person who holds the business license endorsement; the department shall use the person's most current address that the Department of Commerce, Community, and Economic Development has on file for the person's business license endorsement under AS 43.70.075 ; the citation or other document shall be postmarked within five business days after the citation is issued.

(h)In this section, “department” means the Department of Health.

Article 3. Advisory Board on Alcoholism and Drug Abuse.