17 AAC 42.840. Complaints and revocation of a first amendment activity permit

(a) If a permittee violates the terms of a first amendment activity permit, the airport manager may revoke the permit. The airport manager shall designate a person to process and monitor complaints about and violations of permits issued under 17 AAC 42.800 - 17 AAC 42.840.

(b) If the airport manager's designee under this section receives a complaint about a permittee's activity on the airport, the designee shall, within five working days, mail or deliver a copy of the complaint to the permittee or permittee's representative. If the designee determines that the complaint involves activity that violates the permit, this chapter, or applicable law, the designee shall mail or deliver with the complaint a letter describing the violation. If the designee observes a violation of the permit, this chapter, or applicable law, the designee shall, within five working days, mail or deliver a notice of violation describing the violation to the permittee or the permittee's representative. The designee may suspend a permit until the complaint or violation is resolved if the designee determines that suspension is in the best interest of the state.

(c) The designee shall deliver or mail a complaint or notice of violation and, if applicable, notice that the designee has suspended the permit to the address of the permittee or the permittee's representative stated in the permit application or deliver the complaint, notice of violation, or notice of suspension to the permittee's representative at the airport.

(d) Before the airport manager may revoke a permit, the airport manager's designee shall deliver to the permittee in the manner described for delivery of complaints and notices under (c) of this section notice of intent to revoke, along with a statement of the reasons for revocation and an offer of an opportunity to dispute the revocation. Within five working days after the permittee receives the notice of intent to revoke, the permittee may dispute the revocation by delivering a written statement or a request for a hearing to the airport manager.

(e) The airport manager shall issue a decision on a revocation dispute within five working days of receipt of a written statement under (d) of this section. If the permittee requests a hearing under (d) of this section, the manager shall hold a hearing within five working days of receipt of the request and issue a decision on the revocation dispute within five working days thereafter.

(f) Only the airport manager may revoke a first amendment activity permit. The manager may not delegate the authority to revoke a first amendment activity permit. If, after considering the permittee's written statement or arguments at hearing, the manager determines that the violation occurred and that the permit should be revoked, the manager shall mail or deliver to the permittee a written decision and a notice of revocation. The revocation is effective immediately upon delivery of the notice of revocation to the permittee in the manner described for delivery of complaints and notices under (c) of this section.

(g) The airport manager's decision revoking a first amendment activity permit is a final administrative decision of the department and may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

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

Authority: AS 02.15.020

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