(a) The commissioner shall administer Alaska Stat. § 18.20.400 – 18.20.499 and adopt regulations for implementing and enforcing Alaska Stat. § 18.20.400 – 18.20.499.
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Terms Used In Alaska Statutes 18.20.430

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(b) A complaint alleging a violation of Alaska Stat. § 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 Alaska Stat. § 18.20.400 – 18.20.499, the following civil penalties shall apply:

(1) for a first violation of Alaska Stat. § 18.20.400 – 18.20.499, the commissioner shall reprimand the health care facility;
(2) for a second violation of Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 18.20.400 – 18.20.499 after a third violation of Alaska Stat. § 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 Alaska Stat. § 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.
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