17 AAC 45.275. Approval or denial of an assignment, assignment for security purposes, or sublease

(a) This section applies to approval or denial of a request for consent to an assignment under 17 AAC 45.260, an assignment for security purposes under 17 AAC 45.265, or a sublease under 17 AAC 45.270.

(b) The department will consent to a request to assign all or a portion of a lease or concession and the department will consent to a request to sublease all or a portion of a lease, permit, or concession if the department determines that

(1) the assignment or sublease is authorized under the lease, permit, or concession;

(2) the proposed assignee or sublessee has demonstrated acceptable financial responsibility;

(3) the proposed assignee or sublessee has demonstrated its ability to perform under the lease, permit, or concession;

(4) denial of the request is not required under 17 AAC 45.010(g) with respect to either party to the assignment or sublease;

(5) the assignment or sublease would provide the proposed assignee or sublessee with no greater rights, privileges, or authorities than those granted in the lease, permit, or concession being assigned or subleased;

(6) the proposed assignee's or sublessee's proposed use of the premises is authorized by the lease, permit, or concession being assigned or subleased;

(7) the terms and conditions of the proposed assignment or sublease adequately recognize and protect the department's interests under the lease, permit, or concession;

(8) the assignment or sublease is in the best interest of the state; and

(9) the premises subject to the assignment or sublease, when combined with the premises subject to other leases, permits, or concessions on the airport held by the assignee or sublessee, will not

(A) exceed the proposed assignee's or sublessee's needs, including reasonable future expansion; or

(B) result in the monopolization of an aviation use held by the proposed assignee or sublessee on the airport.

(c) The department will approve or deny a request under this section in writing. If the department denies the request, the department will state the reasons for the denial in writing. The department will make a determination on a request for consent to assignment, assignment for security purposes, or sublease within 60 days after the assignor or sublessor has submitted a complete request.

(d) An applicant may protest a denial of an assignment, assignment for security purposes, or sublease in accordance with 17 AAC 45.910.

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

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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.