17 AAC 42.910. Protest

(a) Except as expressly excluded in this subsection, a person who is adversely affected by a decision of an airport manager under this chapter may seek review of that decision only by filing a protest under this section. This section does not apply to a decision to revoke a first amendment activity permit issued under 17 AAC 42.800 - 17 AAC 42.840, to a rent adjustment under 17 AAC 42.295, to a decision to reject a rent adjustment protest under 17 AAC 42.297; or to a decision by the commissioner on a request for approval for airport construction under 17 AAC 42.710.

(b) Except as provided under (c) of this section, the airport manager must receive a protest within 21 calendar days after

(1) the earliest date the manager mailed or delivered the decision being protested to the protester; or

(2) the date that the manager orally conveyed the decision to the protester if the manager did not put the decision in writing.

(c) The airport manager must receive a protest relating to a decision under 17 AAC 42.300 - 17 AAC 42.399 within seven calendar days after the date described in (b)(1) and (2) of this section.

(d) A protest is not effective unless it is submitted in writing, is signed by the protester or the protester's representative, and includes

(1) a reference to any case, agreement, or application number under which the decision was made;

(2) a copy of the decision being protested, if written, or, if either the decision was not written or a copy of the decision is not available to the protester, a summary description of the decision;

(3) a detailed statement of the factual and legal basis of the protest, including a statement of the facts alleged to be in dispute and a copy of any relevant documents, and a statement of the remedy requested;

(4) the address of the protester or the protester's representative to whom any notice or decision concerning the protest is to be mailed or delivered; and

(5) a reference, by case, agreement, or application number, if applicable, to any other affected agreement, contract, lease, permit, concession, or application.

(e) The protester must mail or deliver a copy of the protest documents filed with the airport manager to any other bidder or proposer, as applicable, at the same time the protester mails or delivers the protest to the manager.

(f) The proper and timely filing of a protest under this section shall stay the decision being protested until the protest is decided unless and until the manager determines in writing that it is contrary to the best interest of the state to stay the decision beyond the date of that determination or another stated date.

(g) The airport manager shall mail or deliver a written decision on the protest to the protester or the protester's representative and any other bidder or proposer or their representatives within 15 days after the protest is filed unless the protester agrees, in writing, to a longer period. If the manager does not mail or deliver a decision to the protester or the protester's representative by the date it is due, the protester may proceed as if the manager had issued a decision adverse to the protester.

(h) The protester may appeal an adverse decision on the protest in accordance with 17 AAC 42.920.

(i) A decision subject to this section but not timely protested in accordance with this section is not subject to appeal under 17 AAC 42.920.

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

Authority: AS 02.15.020

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