(a)Charging Document. The charging document for a minor offense may be in the form of a citation. Each citation may name only one defendant and only one offense. Except as provided in (h) below, a citation must name an individual as the defendant.(b)Uniform Table of Minor Offenses.** The citation must include the statute, regulation or ordinance that the defendant is alleged to have violated as identified in the uniform table of minor offenses maintained by the court system.(c)Content and Format. The administrative director shall establish content and format requirements for minor offense citations by administrative bulletin, including requirements that the citations include: (1) the essential facts constituting the offense charged,(2) notice of the defendant's rights listed in AS 12.25.200, (3) the procedure for responding to the citation, (4) the consequences of a failure to respond, and (5) if forfeiture of seized items is authorized by statute or ordinance, the citation must list the seized items and state that they will be forfeited if defendant waives appearance by entering a no contest plea or if a default judgment is entered.(d)Adequacy of Citation. If a citation meets the requirements set forth in the bulletin, it is presumed to provide adequate notice of the charges, the defendant's rights listed in AS 12.25.200, the procedure for responding to the citation, the consequences of failure to respond, and the potential for forfeiture. In addition, all citations filed with the court must comply with any standards adopted by the Department of Public Safety under AS 12.25.175. (e)Social Security Number. The defendant's social security number may not appear on a citation. This subsection applies to citations issued on or after April 15, 2013. (f)Required Statements. The officer must state on the citation that the officer has probable cause to believe the defendant committed the offense but need not state the grounds for the probable cause determination beyond the essential facts. The officer must certify, under penalty of perjury, that the information in the citation is true and that the officer served the citation on the defendant as required by AS 12.25.175-12.25.190.(g)Personal Service. Methods of Service of Citation. (1)Offenses Requiring Personal Service. The issuing officer must personally serve the citation on the defendant by handing the citation to the defendant if the citation charges one of the following:(A) an offense involving a moving motor vehicle, (B) an offense punishable by a fine of more than $500, or(C) a violation of AS 04.16.050 or similar ordinance of a municipality.(2)Other Offenses. For all other offenses, the citation may be served by one of the following methods: (A) personal service as provided in (1) above; (B) property service under AS 12.25.175(d)(1) by leaving the citation in a conspicuous place on the vehicle or other personal or real property that was the subject of the infraction or violation; or(C) any other method of service allowed by Civil Rule 4, including: (i) other methods of personal service by an officer, a process server, or other person authorized to serve process as provided in Civil Rule 4(d); or (ii) certified mail, restricted delivery, with return receipt requested as provided in Civil Rule 4(h). If certified mail is used, the postal return receipt shall be addressed so it is returned to the person serving the citation. Service of process by mail is completed when the return receipt is signed. (3)Proof of Service. If the citation was served by any method in subparagraph 2(C), proof of service must be filed with the citation. The proof of service must set forth the method, place, and date of service of the citation.(h)Corporations, Limited Liability Companies, and Other Entities. A citation issued to a corporation or limited liability company must name the corporation or company as the defendant. The officer must personally serve the citation on the on-site manager, a managing member, an officer, a managing or general agent, or on any other agent authorized by appointment or by law to receive service of process. If personal service cannot be made on one of the above in Alaska, service may be made as provided in AS 10.06.175(b) or 10.50.065(b). A citation issued to a sole proprietorship must name the owner of the business as the defendant and must be served on that person. A citation issued to a partnership, unincorporated association or other entity must name the entity as the defendant and must be served on a person designated for that entity in Civil Rule 4. The citation must name the person served.(i)Authority of Clerk. The clerk shall return any citation for correction if the citation is deficient because (1) the offense listed on the citation is not in the court system's uniform table of minor offenses; or(2) the citation does not list the classification of the offense required by Administrative Bulletin 83; (3) the citation does not list the penalty information or the procedure for responding required by Administrative Bulletin 83;(4) the citation lists more than one defendant, lists more than one offense, or fails to name the defendant as required by subsections (a) and (h); (5) the citation does not list the name of the person who was served on behalf of the entity described in subsection (h);(6) the citation does not state the method of service; or(7) proof of service of the citation is not provided, if required by paragraph (g)(3) of this rule because the citation was served by a method other than personal service or property service; (8) the form of the citation does not meet the requirements of this rule or Administrative Bulletin 83; or(9) the officer's signature, printed name, identification number, or the date of issuance is missing. ** The Uniform Minor Offense Table (UMOT) is maintained by the Alaska Court System. It is available on the Court System's website at: http://courts.alaska.gov/trialcourts/umot.htm
Rescinded and readopted by SCO 1794 effective 4/15/2013; renamed and renumbered by SCO 1797 effective 4/15/2013; amended by SCO 1827 effective June 24, 2014; amended by SCO 1895 effective 11/1/2016; by SCO 1909, effective 6/21/2017.Rule 3(c) refers to Administrative Bulletin 83 "Form of Citation" available on the court system website at http://www.courts.alaska.gov/adminbullpublic.htm.
Note to SCO 1827:
Minor Offense Rule 3(f) was amended by § 3 of ch. 53 SLA 2014 (CSSB 116), effective June 24, 2014, to delete the word "personally" and add "as required by AS 12.25.175 - 12.25.190" in the second sentence. Section 1 of this Order was adopted for the sole reason that the legislature has mandated the amendments.
Minor Offense Rule 3(g) Personal Service was repealed by § 4 of ch. 53 SLA 2014 (CSSB 116), effective June 24, 2014. Section 3 of this Order was adopted for the sole reason that the legislature has mandated the repeal. Section 5 of this Order re-adopted a new subsection (g) Methods of Service of Citation.