17 AAC 42.640. Switch-list procedures

(a) The airport manager shall establish and maintain a switch list by which a permittee may have an opportunity to receive reassignment to a different tiedown space in the same category. Placement on a switch list does not create a right to reassignment to a different space.

(b) The airport manager shall maintain a switch list for each category of space established under 17 AAC 42.610 (f) or (g) for which the manager receives a written switch request. Each list must be maintained in chronological order according to the date the airport manager receives a request for that category of tiedown space as described in (c) of this section. However, a permittee placed on a switch list under 17 AAC 42.670(c) (2) or (3) or (e) shall be placed at the top of the list and ordered chronologically only as to any other permittee also placed on the list under 17 AAC 42.670(c) (2) or (3) or (e). A switch list is a public record and must include each requesting permittee's

(1) name;

(2) mailing address;

(3) date of request; and

(4) if available, telephone and facsmile numbers and electronic mail address; and

(5) list of the specific numbered spaces to one of which the permittee requests reassignment.

(c) A permittee in good standing may request to be placed on a switch list by submitting to the airport manager a written request on an airport form, together with any applicable fee established under 17 AAC 42.125.

(d) To the extent provided in this section, a permittee on a switch list has an opportunity to switch to an available space listed on the permittee's switch request before the space is made available to a person on a wait list.

(e) When a tiedown space becomes available, the airport manager shall identify the first permittee on the applicable switch list. The manager shall

(1) if the first permittee on the applicable switch list was placed on the list under 17 AAC 42.670(c) (2) or (3), assign the available space to the permittee and mail or deliver to the permittee notice of assignment to the available space; assignment to a space under this paragraph is effective unless, within 20 days after the assignment, the permittee rejects the permittee's opportunity to receive a space by mailing or delivering to the manager a written rejection of the assignment; a permittee who rejects an assignment to a space under this paragraph abandons the permittee's opportunity to receive a space unless, along with the written rejection, the permittee requests to remain on the top of the switch list to receive an opportunity to switch to another space under the procedures of (2) of this subsection; and

(2) in all other cases, including placement on the list under 17 AAC 42.670(e) , mail or deliver a written offer to switch to that space to the first permittee on the applicable switch list who listed that space on the permittee's switch request.

(f) The airport manager shall remove a permittee's name from the applicable switch list 30 days after the date the manager mails or delivers an offer to the permittee to switch to an available space under (e)(2) of this section if the permittee

(1) accepts the offer;

(2) rejects the offer; or

(3) does not respond to the offer.

(g) If a permittee who is on the switch list and to whom the airport manager offers an available tiedown space does not timely accept the offer to switch, the manager shall, until the space is accepted or the list exhausted, offer the space in the manner described in (e)(2) of this section to each successive permittee on the switch list who has listed that space on the permittee's switch request. If no permittee on the switch list timely accepts the offer, the manager shall offer the space to the first person on the wait list for the applicable category as provided under 17 AAC 42.650.

(h) A permittee who accepts an offer to switch to a new tiedown space shall comply with the requirements of 17 AAC 42.620(v) and (w).

(i) If the airport manager determines that requiring confirmation of a permittee's desire to remain on a switch list will expedite the issuance of tiedown permits for a category of space, the manager shall require at least the first five permittees on the applicable switch list to confirm that desire. The manager's request for confirmation must be in writing. If the manager does not receive written confirmation from a permittee within 30 days after the date that the manager mails or delivers a written request for confirmation to the permittee, the manager shall remove the permittee's name from the applicable switch list.

(j) If a permittee's permit terminates, is cancelled, or expires and is not followed by a subsequent permit, the airport manager shall remove the permittee's name from the switch list for that category of tiedown space effective as of the date the permit terminated, was cancelled, or expired.

(k) The airport manager shall mail or deliver to the permittee notice that the permittee's name has been removed from the switch list under (f)(2) or (3), (i), or (j) of this section.

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

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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