8 AAC 62.070 - Definitions
In 8 AAC 62.010 - 8 AAC 62.065
(1) "cause" means
(A) providing false information on the
application furnished by the applicant or certificate holder to the
department;
(B) evidence of
improper handling, transportation, use, or storage of explosives by the
applicant or certificate holder;
(C) a mental or physical disability that,
even with reasonable accommodation, would interfere with the applicant or
certificate holder's safe handling of explosives;
(D) the applicant's or certificate holder's
indictment for or conviction of a crime as described in
18 U.S.C.
842(i)(1) or
8 AAC 62.030(a) (6);
(E) prohibition of the applicant or
certificate holder from transporting, possessing, storing, or manufacturing
explosives under 18 U.S.C.
842(i)(2) - (7);
or
(F) other conduct considered by
the department to show the applicant not to be competent to hold a certificate
of fitness as set out in
8 AAC 62.020(a);
(2) "commissioner" means the Commissioner of
Labor and Workforce Development or his designee;
(3) "department" means the Department of
Labor and Workforce Development;
(4) "director" means the director of the
division of labor standards and safety, Department of Labor and Workforce
Development, or a designee;
(5)
"examination" means a series of prepared questions administered either in
writing or orally;
(6) "convicted"
or "conviction" means a judgment entered by a court of competent jurisdiction
in this state or another jurisdiction, either upon the entry of a plea,
including a plea of no contest or nolo contendre, or after a bench or jury
trial; "convicted" or "conviction"
(A)
includes a suspended imposition of sentence, even if the conviction is formally
set aside under
AS
12.55.085; and
(B) does not include an executive order of
clemency, or a record that has been expunged by order of a court;
(7) "indictment" means one of the
following, pending adjudication or dismissal of the matter, or a decision by
the district attorney's office not to prosecute:
(A) an indictment by information or
presentment for an offense;
(B) an
arrest and provision of a uniform summons and complaint for an
offense.
Notes
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
Authority:AS 08.52.010
AS 08.52.040
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