17 AAC 45.210. Consideration of application for a lease, permit, concession, material amendment, or other interest subject to competition

(a) This section applies to an application for a lease, permit, concession, material amendment, or other interest submitted under 17 AAC 45.205, except an application that the department has determined under 17 AAC 45.215(b) is eligible for consideration without competition under AS 02.15.090 (c). An application to which this section applies is subject to a determination under 17 AAC 45.300(a) or under (g) of this section that the department will award the lease, permit, concession, or other interest by competitive means under 17 AAC 45.300 - 17 AAC 45.399.

(b) The department will review the application and will determine whether it is approvable, subject to public notice and comment under 17 AAC 45.400. An application is approvable under this subsection unless

(1) the proposed use is prohibited by or inconsistent with

(A) the state's obligations under a covenant running with the airport land;

(B) an exclusive right granted by the department to another person;

(D) the applicable provisions of this chapter and of any other statute or regulation, including any relating to noise or airport land use; or

(E) any applicable FAA grant assurance incorporated by reference under 17 AAC 45.010(e) or any written plan or program required for compliance with applicable state or federal law;

(2) the proposed use would be inconsistent with the best interest of the state;

(3) the department has already issued final approval of an application submitted under AS 02.15.090 (c) and 17 AAC 45.215(b) for the same land;

(4) the department has received an approvable application that has a proposed use of higher priority as determined under (e) of this section;

(5) the applicant fails to establish financial responsibility acceptable to the department; or

(6) approval must be denied under 17 AAC 45.010(g) .

(c) If the department determines that an application is approvable, subject to public notice and comment under 17 AAC 45.400, and the department has not received another approvable application to put the same land, space, or interest to a use of the same priority as provided in (e) of this section, the department will advise the applicant of the cost to provide public notice of the application in accordance with 17 AAC 45.400. Upon receipt of the applicant's payment of that cost, the department will give notice to the public under 17 AAC 45.400 and include a request for competing applications. Advance payment of the cost of public notice is not required to the extent the applicant is, under federal law or the terms of a grant to the department, exempt from the payment or not permitted to make the payment in advance.

(d) After the public comment period established in the notice given under (c) of this section has closed, the department will

(1) consider only public comments that the department received before the close of the public comment period;

(2) review any other applications that the department has received for the same property or interest before the close of the public comment period to determine whether any of those applications is approvable under (b) of this section or under 17 AAC 45.215(b) ;

(3) determine whether the application remains approvable under (b) of this section; and

(4) enter into a lease, permit, concession, material amendment, or other interest with the applicant unless the department determines in writing that

(A) the application should be denied under this chapter;

(B) the department timely received at least one other approvable competing application of the same or higher priority class of use determined under (e) of this section; or

(C) the department will, either under (g) of this section or for a reason set out in 17 AAC 45.300(a) , award the property or interest by competitive means.

(e) If the department timely receives two or more approvable competing applications submitted under 17 AAC 45.205 for different classes of use of the same property or interest, and none qualifies for consideration without competition under 17 AAC 45.215, the department will award the requested lease, permit, concession, material amendment, or other interest for the highest class of use requested according to the following priority order:

(1) for an aviation use;

(2) for an auxiliary use;

(3) for a nonaviation use.

(f) The department will award a lease, permit, concession, or other interest for a combination of two or more classes of use if the department determines that the combination of uses is in the best interest of the state.

(g) If, either before providing public notice under (c) of this section regarding an application for a property or interest or by the date set in that notice, the department has received more than one application to put the same property or interest to a use of the same priority as provided in (e) of this section and which is also subject to and approvable under (b) of this section, the department will award the property or interest by competitive means under 17 AAC 45.300 - 17 AAC 45.399.

(h) Upon making a determination under (d)(4) of this section to enter into a lease, permit, concession, material amendment, or other interest with an applicant, the department will mail or deliver to the applicant a lease, permit, concession, or other document form for the interest awarded. If the applicant does not, within 60 days after the date the department mails or delivers it to the applicant, sign and mail or deliver the lease, permit, concession, or other document form back to the department, the department will not enter into the lease, permit, concession, or other interest and will so notify the applicant in writing. The department may extend the response time provided under this subsection for good cause shown. To request an extension, the applicant must submit to the department a written request for extension stating the reasons for the request.

(i) The department may not execute a lease, permit, concession, or other interest earlier than the day after the date set in the notice given under (c) of this section for submission of public comment or competing applications, or later than one year after that date.

(j) The department will state in writing any decision to deny an application or request for an extension under this section, including the reasons for the denial. An applicant may protest the denial of an application or the denial of a request for an extension in accordance with 17 AAC 45.910.

History: Eff. 3/28/2002, Register 161

Authority: AS 02.15.020

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.