17 AAC 45.430. Cancellation of a lease, permit, or concession

(a) The department will mail or hand deliver a written notice to a lessee, permittee, or concessionaire who violates a term of a lease, permit, or concession when the department considers the violation to be a material deviation from the requirements of the lease, permit, or concession. The department will allow the lessee, permittee, or concessionaire the time specified in the lease, permit, or concession or 30 days, if no time is specified, to correct the violation, unless the violation constitutes an imminent threat to public health or safety.

(b) If a lessee, permittee, or concessionaire does not correct the violation by the time allowed in the notice, the department will

(1) grant an extension of time to correct the violation for good cause shown by the lessee, permittee, or concessionaire;

(2) take enforcement action as provided under the lease or as available by law; or

(3) cancel the lease, permit, or concession.

(c) Cancellation of a lease, permit, or concession by the department will be in writing and will state the reasons for the cancellation.

(d) If the department determines that a violation creates an imminent threat to public health or safety, the department will

(1) direct the lessee, permittee, or concessionaire to stop the activity immediately;

(2) provide the lessee, permittee, or concessionaire less time than otherwise specified in the lease, permit, or concession to correct the violation; or

(3) correct the violation.

(e) If the department acts to correct a violation that constitutes an imminent threat to public health or safety as provided under (d) of this section, the lessee, permittee, or concessionaire shall reimburse the department for any cost, including legal fees and administrative costs, reasonably incurred by the department in acting to correct the violation.

(f) A lessee, permittee, or concessionaire may protest the department's decision to enforce or cancel the lease, permit, or concession in accordance with 17 AAC 45.910.

(g) This section applies to all leases, permits, and concessions granted by the department under this chapter, except an assigned-space aircraft parking permit issued under 17 AAC 45.500 - 17 AAC 45.590, a transient aircraft fee parking permit issued under 17 AAC 45.600, and a first amendment activity permit issued under 17 AAC 45.800 - 17 AAC 45.810.

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

Authority: AS 02.15.020

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