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Jump to full article: Alaska Court System, 2007-11-23
Intro:
In summary, when an industry engages in commercial activity that routinely
exposes the public to significant harm, the legislature has a legitimate interest in holding
the industry's licensed participants accountable for all conduct in exercising the license,
not just for the licensee's personal negligence or fault. Here AS 43.70.075 serves the
legitimate social purpose of holding licensed participants accountable: "In the interest
of the larger good it puts the burden of acting at hazard upon a person otherwise innocent
but standing in responsible relation to a public danger."28
MATTHEWS, Justice, with whom FABE, Justice, joins, dissenting.
. . .
For the above reasons, negligence on the part of a clerk is, in my view, an
issue of central importance in licensee sanction proceedings and a licensee is entitled to
a meaningful hearing on this issue. It follows that, to the extent that AS 43.70.075(m)(1)
bars such a hearing, it violates a licensee's due process rights.
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