(a) A licensee is in violation of the license if the commissioners determine that the licensee has

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Terms Used In Alaska Statutes 43.90.230

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • commissioners: means the commissioner of revenue and the commissioner of natural resources, acting jointly. See Alaska Statutes 43.90.900
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • license: means a license issued under this chapter. See Alaska Statutes 43.90.900
  • licensee: means the holder of a license issued under this chapter and all affiliates, successors, assigns, and agents of the holder. See Alaska Statutes 43.90.900
  • project: means a natural gas pipeline project authorized under a license issued under this chapter. See Alaska Statutes 43.90.900
  • sanction: means to make financial commitments to go forward with the project as evidenced by entering into financial commitments of at least $1,000,000,000 with third parties. See Alaska Statutes 43.90.900
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) requested and received money from the state under this chapter for an expenditure that is not a qualified expenditure under Alaska Stat. § 43.90.110;
(2) except as required to conform with a requirement of a regulatory agency with jurisdiction over the project, substantially departed from the specifications set out in the application without state approval of a project plan amendment or modification under Alaska Stat. § 43.90.210;
(3) violated any provision of this chapter or any other provision of state or federal law material to the license;
(4) failed to accept a certificate as required under Alaska Stat. § 43.90.200(a) or failed to sanction the project as required under Alaska Stat. § 43.90.200(b); or
(5) otherwise violated a material term of the license.
(b) The commissioners shall provide written notice to the licensee identifying a license violation. The commissioners and the licensee have 90 days after the date the notice is issued to resolve the violation informally.
(c) The commissioners may suspend disbursement of state reimbursements to the licensee beginning on the date that the notice of violation issued under (b) of this section is sent to the licensee. The commissioners may resume disbursement on the date that the commissioners determine that the violation is cured.
(d) If the commissioners and the licensee are unable to resolve the violation within the period described in (b) of this section, the commissioners shall notify the licensee that the violation has not been cured and provide the licensee with an opportunity to be heard. If, after notice and hearing, the commissioners determine that the violation has not been cured, the commissioners shall issue a written decision that is a final administrative action for purposes of appeal to the superior court in the state.
(e) If the determination issued under (d) of this section finds an unresolved violation, the commissioners may impose one or more of the following remedies:

(1) discontinuation of state reimbursements under this chapter;
(2) recoupment of state money that the licensee has received under this chapter to date, with interest, regardless of whether the licensee has expended or committed that money;
(3) license revocation;
(4) assignment to the state or the state’s designee of all engineering designs, contracts, permits, and other data related to the project that are acquired by the licensee during the term of the license; and
(5) any other remedies provided by law or in equity.
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