Section 2 AAC 91.030 - Action on application for license: approval and denial(a) A representative of the department will review, under the provisions of this section, an application for a license under this chapter.(b) The representative of the department will approve or deny an application submitted under this chapter, or request additional information, within 60 days after the date that the department received the application or additional information.(c) The department may, before approving or rejecting an application under this section, request another state or local governmental agency to review the application, curriculum, or facility of the school.(d) If the application is for a license to operate a school for training drivers, the department will, before the application is approved or denied, (1) inspect the premises of the school for training drivers to ensure that the school is located on a commercially zoned property and has satisfactorily complied with all applicable state and local health and safety codes;(2) review all applicable city and county business licenses of the school;(3) if the application requests approval to offer instruction in a classroom, inspect the premises of the school for training drivers to ensure the satisfactory existence of (A) a facility with an environment conducive to learning with equipment in good repair;(B) adequate square footage for class sizes;(C) facilities for persons with disabilities;(G) a copy of current proof of insurance posted in a readily accessible location; and(H) adequate parking for all students.(e) The department may deny a license to an applicant if the department determines that(1) the applicant has made a material false statement or concealed a material fact in connection with the application;(2) the applicant for a school or third-party tester license or an officer, director, stockholder or partner or other person directly or indirectly interested in the school was the former holder or was an officer, director, stockholder or partner in a corporation or a partnership that was the former holder of a school or third-party tester license that was revoked or suspended by the department or when one of these persons was an applicant for a license that was denied for a cause that remains valid;(3) the applicant for a school or third-party tester license or an officer, director, stockholder, or partner in a corporation or partnership or a person directly interested in the business has been convicted of a felony or of a misdemeanor that affects the business or applicant's ability to adequately and safely provide driver training or testing services;(4) the applicant has not met the applicable provisions of AS 28.17 or the requirements of this chapter, with respect to the type of license applied for;(5) the applicant for an instructor or third-party examiner license is the former holder of a school, instructor, third-party tester, or third-party examiner license that is suspended, revoked, or denied by the department for a cause that remains valid;(6) the applicant for an instructor or third-party examiner license has been convicted of a felony or of a misdemeanor that affects the applicant's ability to adequately and safely provide driver training or examination services; a conviction for the purposes of this paragraph includes a conviction involving fraud or fraudulent practices by the applicant;(7) the applicant for a school or third-party tester license has failed to require all persons with a financial interest in the school or third-party tester to be signatories to the application;(8) the applicant's privilege to drive has been disqualified, suspended, or revoked in the five years preceding application.Eff. 7/1/2006, Register 178; am 10/10/2014, Register 212, January 2015; am 1/12/2018,Register 225, April 2018Authority:AS 28.15.081
AS 28.17.041
AS 28.17.051