Alaska Statutes — Title 43 (Revenue and Taxation)
AS 43.82.445
Administrative termination of a contract
# (a)
The commissioner shall include terms in a contract developed under AS 43.82.020 that provide for administrative termination of a party's rights under the procedures and conditions set out in this section if the party has
# (1)
ceased to meet the requirements of AS 43.82.110 as a qualified sponsor or qualified sponsor group;
# (2)
intentionally or fraudulently misrepresented, in whole or in part, material facts or circumstances upon which the contract was made;
# (3)
failed to comply with a condition or material term of the contract or a provision of this chapter; or
# (4)
failed to comply with the approved qualified project plan or any updated project plan.
# (b)
Before administrative termination of a contract under this section, the commissioner shall give notice to the parties of the commissioner's intent to terminate the contract and an opportunity to be heard. The commissioner may also provide the parties an opportunity to cure any deficiency that is the basis for the termination if the commissioner determines that curing the deficiency is appropriate under the circumstances.
# (c)
Notwithstanding (a) and (b) of this section, the commissioner may not administratively terminate a contract after the party has committed full project funding except as provided in (e) of this section.
# (d)
A party to a contract who is affected by the commissioner's action to terminate under (a) of this section may file an appeal with the superior court under the Alaska Rules of Appellate Procedure.
# (e)
The commissioner may provide terms and conditions in a contract developed under AS
43.82.020 upon which a party's rights under the contract may be administratively terminated after the party commits full project funding.
Source: official source document (full Title 43 PDF)
In this chapter (39 sections)
- 43.82.010 · Purpose
- 43.82.020 · Contracts for payments in lieu of other taxes and for…
- 43.82.100 · Qualified project
- 43.82.110 · Qualified sponsor or qualified sponsor group
- 43.82.120 · Applications
- 43.82.130 · Qualified project plan
- 43.82.140 · Review of applications and determination of qualifications
- 43.82.150 · Actions challenging determinations on applications
- 43.82.160 · Multiple applications for similar or competing qualified…
- 43.82.170 · Application deadline
- 43.82.180 · Withdrawal of applications
- 43.82.200 · Contract development
- 43.82.210 · Contract terms relating to payment in lieu of one or more…
- 43.82.220 · Contract terms relating to royalty
- 43.82.230 · Contract terms relating to hiring of Alaska residents and…
- 43.82.240 · Use of an independent contractor
- 43.82.250 · Term of contract; effective date
- 43.82.260 · Change of parties to an application or a contract;…
- 43.82.270 · Project plans and work commitments
- 43.82.300 · Requests for information
- 43.82.310 · Disclosure of information; confidentiality
- 43.82.400 · Preliminary findings and determination regarding the…
- 43.82.410 · Notice and comment regarding the contract
- 43.82.420 · Coordination of public and legislative review
- 43.82.430 · Final findings, determination, and proposed amendments;…
- 43.82.435 · Legislative authorization
- 43.82.440 · Judicial review
- 43.82.445 · Administrative termination of a contract
- 43.82.500 · Obligation to share payments with municipalities
- 43.82.505 · Payments to economically affected municipalities
- 43.82.510 · Municipal advisory group
- 43.82.520 · Duties of the commissioner of revenue in relation to…
- 43.82.600 · Governing law
- 43.82.610 · Regulations
- 43.82.620 · Procedures for collection of amounts due; security
- 43.82.630 · Reports and audits
- 43.82.640 · Annual report of the commissioner of labor and workforce…
- 43.82.900 · Definitions
- 43.82.990 · Short title