17 AAC 42.275. Approval or denial of an assignment, assignment of security interest, or sublease

(a) This section applies to approval or denial of a request for consent to an assignment under 17 AAC 42.260, an assignment for security purposes under 17 AAC 42.265, or a sublease under 17 AAC 42.270.

(b) The airport manager shall consent to a request to assign or sublease all or a portion of a lease, permit, or concession if the manager determines that

(1) the proposed assignee has demonstrated acceptable financial responsibility;

(2) the proposed assignee or sublessee has demonstrated its ability to perform under the lease, permit, or concession;

(3) denial of approval is not required under 17 AAC 42.010(g) with respect to either party to the assignment or sublease;

(4) the assignment or sublease would provide the proposed assignee or sublessee with no greater rights, privileges, or authorities than those granted in the lease, permit, or concession being assigned or subleased;

(5) the proposed assignee's or sublessee's proposed use of the premises is authorized by the lease, permit, or concession being assigned or subleased;

(6) the terms and conditions of the proposed assignment or sublease adequately recognize and protect the department's interests under the lease, permit, or concession;

(7) the assignment or sublease is in the best interest of the state;

(8) the sublease or assignment is authorized under the lease, permit, or concession; and

(9) the premises subject to the assignment or sublease, when combined with the premises subject to other leases, permits, or concessions on the airport held by the assignee or sublessee, will not

(A) exceed the proposed assignee's or sublessee's needs, including reasonable future expansion; or

(B) result in the monopolization of an aviation use held by the proposed assignee or sublessee on the airport.

(c) The airport manager must approve or deny a request under this section in writing. If the manager denies the request, the manager shall state the reasons for the denial in writing. The manager shall make a determination on a request for consent to assignment, assignment for security purposes, or sublease within 60 days after the assignor or sublessor has submitted a complete request.

(d) An applicant may protest a denial of an assignment, assignment for security purposes, or sublease in accordance with 17 AAC 42.910.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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