{"data":{"id":"us-ak/as-18.20.430","jurisdiction":"us-ak","citation":"AS 18.20.430","heading":"Enforcement, offenses, and penalties.","body":"(a) The commissioner shall administer AS 18.20.400 — 18.20.499 and adopt regulations for implementing and enforcing AS 18.20.400 — 18.20.499.\n(b) A complaint alleging a violation of AS 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.\n(c) If the commissioner finds that a health care facility has knowingly violated an overtime provision of AS 18.20.400 — 18.20.499, the following civil penalties shall apply:\n(1) for a first violation of AS 18.20.400 — 18.20.499, the commissioner shall reprimand the health care facility;\n(2) for a second violation of AS 18.20.400 — 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of $500;\n(3) for a third violation of AS 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;\n(4) for each violation of AS 18.20.400 — 18.20.499 after a third violation of AS 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.\n(d) As an employer, a health care facility violates an overtime provision of AS 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.","path":["Title 18. Health, Safety, Housing, Human Rights, and Public Defender.","Chapter 20. Hospitals and Nursing Facilities.","Article 4. Overtime Limitations for Nurses."],"source_url":"https://www.akleg.gov/basis/statutes.asp#18.20.430","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:17:20Z","sha256":"fce0dc1f01749313a6aef8ade584c08962ca60812bf665bf01f3758346bdf2fa","source_id":"us-ak","stale":false,"prev":"us-ak/as-18.20.420","next":"us-ak/as-18.20.440"},"notice":"GroundRules: Original legal text. Not legal advice."}