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(a) The department will approve an application for a business activity permit under 17 AAC 45.105 if the department does not determine that
(1) approval must be denied under 17 AAC 45.010(g) ;
(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;
(3) the proposed activity would violate applicable law, the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550, an exclusive right the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 45.010(e) ; or
(4) the proposed activity would be inconsistent with sound airport planning.
(b) A decision by the department to deny an application for a business activity permit will be in writing.
(c) A business activity permit is not transferable and may not exceed a term of five years.
(d) A business activity permittee shall pay any annual business activity permit fee required under 17 AAC 45.127(r) and any other applicable fee established under this chapter.
(e) A business activity permittee shall provide such evidence of insurance coverage for the permittee's operations on the airport to which the permit applies as the department determines appropriate under 17 AAC 45.410(b) (15), considering the nature and scope of the permittee's activities.
(f) A business activity permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The department will order a permittee to remove from service any permittee vehicle that the department determines to be unsafe or otherwise in violation of this section.
(g) A business activity permittee may park and operate a vehicle on an airport in connection with a business activity allowed under the permit only in an area the department has designated for that purpose.
(h) A business activity permittee may cancel a business activity permit and cease operations at an airport at any time on 30 days advance written notice to the department.
(i) The department will, after written notice to the business activity permittee, cancel a business activity permit if the department determines that the permittee
(1) is not in compliance with the permit and has not corrected the noncompliance within 10 days after receipt of the notice; or
(2) has ceased operations on that airport.
(j) The department's cancellation of a business activity permit will be in writing and state the reasons for the cancellation.
(k) An applicant or business activity permittee may protest the department's decision to deny an application or cancel a business activity permit, in whole or in part, in accordance with 17 AAC 45.910.
History: Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168
Authority: AS 02.15.020
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Last modified 7/05/2006