| Standard Operating Procedures |
SOP No.: T-70 | Page No.: 1 | |||||
| Effective: October 21, 2005 | |||||||
| Subject: | Supersedes: T-70 | Dated: 2/25/00 | |||||
TITLE REVOCATION / RECALL ADMINISTRATIVE HEARING |
Form No.: | ||||||
| Statute: AS 28.10.221; AS 28.05.041 (b) | Regulation: AAC | ||||||
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The Division has the authority to revoke/recall a title when:
The Division will take action to revoke a title if it discovers that the title was issued in error or with an error that could affect the rights of an owner or lienholder. Examples of this would be the use of the wrong conjunction between owners' names, omitting the name of an owner, giving the title to the owner instead of the lienholder, etc. If a person believes that a title has been issued in error, he/she may file a written complaint with the Registrar and request that the Division revoke the title. The written complaint is mailed to the Registrar. See Appendix A for the current address. The complaint must clearly state the reasons for the revocation request. Each complaint will be reviewed and if necessary the revocation action will be started. A revocation is a formal action and certain procedures must be followed to ensure that the rights of all parties are protected. Only Division administrative staff or, in certain cases, office managers, may start the formal revocation action. If the Division does start this process, a certified letter will be sent to all owners and any lienholder. The letter will inform all parties of the intended action and the reasons for the action. It will inform all parties that they may request an administrative hearing if they wish to contest the action. If the letter is returned for any reason or if no administrative hearing is requested, the Division will revoke the title and issue a title to the proper owner. If a person requests an administrative hearing, it will be held at the office closest to the person's residence and an impartial hearing officer will preside. The hearing officer will make a decision based on the facts given in the hearing. The decision of the hearing officer may be appealed within 30 days to the Superior Court. An administrative hearing may be requested only if the Division takes formal action to revoke or recall a title. An applicant is not entitled to a hearing because an application is rejected. The Division may reject an application that is not submitted in accordance with Standard Operating Procedures. When an application is rejected the applicant should be advised what further information or documentation is needed. If the applicant refuses to or is not able to comply with the requirements a supervisor may review the application and make the decision on the acceptability of the application. Cross Reference:
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