Alaska Administrative Code — Title 15 (Revenue)
15 AAC 40.620
Revocation of qualified dealer license
# (a)
The department may revoke a qualified dealer license if
# (1)
the licensee fails to comply with a requirement of AS 43.40 or this chapter;
# (2)
the licensee is not currently engaged in the activities specified in AS 43.40.100(3);
# (3)
the licensee, or a responsible person of a licensee that is a business organization, has been convicted within the last 10 years, in this state or any other taxing jurisdiction, of crimes involving fuel tax under AS 43.05.290 or similar provisions in other taxing jurisdictions; or
# (4)
except if under appeal, the licensee has failed to pay in full the taxes, interest, and penalties levied under AS 43.05 and AS 43.40.
# (b)
If the department determines a qualified dealer license should be revoked, the department will mail a notice of proposed revocation at least 30 days before the revocation is to take effect.
If the person has not cured the cause for revocation by the thirtieth day from the date of issuance of notice, or timely filed a notice of appeal under (d) of this section, the license is revoked by default on the thirtieth day from the date of issuance of notice. The department will mail a notice of revocation to the person.
# (c)
If the department revokes a qualified dealer license for failing to comply with AS 43.40, the person is not eligible for a new license until 60 days after the date of revocation. The person must apply for a new qualified dealer license.
# (d)
A person may appeal a notice of proposed revocation under this section to the department. The appeal must be filed within 10 days after the date of the issuance of the notice of proposed revocation. The department will follow the appeal procedures of 15 AAC 05. The department may stay a revocation proceeding if the qualified dealer is in the process of contesting in court or with the department the amount of tax assessed under AS 43.40.
# (e)
If the department revokes a license under this section, the licensee shall, after all appeals have been exhausted, immediately surrender the license to the department.
(Eff. 4/1/2001, Register 157; am 10/16/2013, Register 208; am 7/8/2020, Register 235)
Statutory Authority:
Authority:
AS 43.05.080 AS 43.40.100
Amendment history
Eff. 4/1/2001, Register 157; am 10/16/2013, Register 208; am 7/8/2020, Register 235
Source: official source document (full AAC Title 15 PDF)
In this chapter (29 sections)
- 40.010 · Tax return filing requirements
- 40.020 · Fuel subject to tax, bulk sales, and exemptions
- 40.030 · Certificate requirements for certain sales
- 40.040 · Qualified dealer license
- 40.045 · Affidavit of motor fuel taxes due
- 40.050 · Security requirement for qualified dealer license
- 40.055 · Waiver of security
- 40.060 · Revocation of qualified dealer license
- 40.070 · Records
- 40.100 · Refunds and credits on certain sales or transfers of motor fuel
- 40.110 · Additional tax due for sales of diesel fuel not used for…
- 40.200 · Refunds on certain uses of motor fuel
- 40.210 · Requirements for filing claims for refund of motor fuel tax
- 40.220 · Recovery of erroneous refunds
- 40.230 · Records
- 40.300 · Fuel subject to tax; incidence of tax
- 40.310 · Exempt sales, transfers, or uses
- 40.320 · Sales or transfers for mixed uses
- 40.330 · Certificate of use
- 40.340 · Gasohol control period
- 40.400 · Tax return filing requirements
- 40.500 · Refunds and credits on sales or transfers by resellers
- 40.510 · Other refunds
- 40.600 · Qualified dealer license
- 40.610 · Bonding requirement
- 40.615 · Demand on bond or other security
- 40.620 · Revocation of qualified dealer license
- 40.800 · Recordkeeping requirements
- 40.900 · Definitions