Godfrey v. State, Department of Community & Economic Development

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The State of Alaska, under authority of AS 43.70.075, administratively suspended Richard Godfrey’s authority to sell tobacco for sixty-five days and imposed civil fines because two of his employees had been convicted under AS 11.76.100(a)(1) of negligently selling cigarettes to minors. The question here is whether it was a denial of Godfrey’s due process rights to impose these civil penalties against Godfrey without permitting him to dispute in the administrative proceedings whether his employees had been negligent. Because even a conviction “by plea”…