(a) Notwithstanding any other provision of law, a state agency or municipality may impound a derelict vessel immediately if the vessel constitutes a clear and present danger to public health, safety, or general welfare.
(b) When action is taken to impound a derelict vessel under (a) of this section, the state agency or municipality impounding the vessel shall, after 24 hours of the impoundment, provide notice of the action and the opportunity for a post-impoundment hearing by hand-delivery or certified mail, return receipt requested, to the owner of the vessel if the name and location of the owner is known.
(c) The owner of the vessel or a person with a financial or security interest in the vessel may file a written demand for a post-impoundment hearing within 15 days after the postmark date of the notice of impoundment under (b) of this section. An owner or a person with a financial or security interest in the vessel who fails to request or attend a scheduled post-impoundment hearing waives the right to the hearing.
(d) The state agency or municipality that impounded the vessel shall conduct a post-impoundment hearing within 48 hours after receiving a written demand for a post-impoundment hearing. The 48-hour period does not include Saturdays, Sundays, days that the state agency or municipality that impounded the vessel is officially closed, and legal holidays. The state agency or municipality shall conduct the post-impoundment hearing in an informal manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a post-impoundment hearing.
(e) A post-impoundment hearing officer shall determine whether there is substantial evidence establishing that the derelict vessel constituted a clear and present danger. If the hearing officer determines that there is substantial evidence to impound the vessel, the state agency or municipality or its designee may proceed to dispose of the vessel as provided under AS 30.30.055. If the hearing officer determines that there was not substantial evidence to impound the vessel, the state agency or municipality that impounded the vessel
(1) shall release the vessel to the owner;
(2) may not require the owner to pay the towing, storage, impoundment, or abatement charges; and
(3) shall refund or reimburse any towing, storage, impoundment, or abatement charges previously paid by the owner.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.