17 AAC 45.520. Assigned-space permit application

(a) To obtain a permit for an assigned space, a person must submit an application to the department. A person may not submit an application for an assigned space for an aircraft that is already listed on an assigned-space permit or on an application for a different permit unless the application identifies the other permit or application and states the applicant's intent to relinquish the other permit or withdraw the other application upon issuance of the new permit. The application must be on a form provided by the department and include

(1) the applicant's name, mailing address, and if available, telephone and facsimile numbers and electronic-mail address;

(2) a copy of the current aircraft registration and a statement of the dimensions of each aircraft that the applicant intends to park in the assigned space;

(3) a statement of the interest that the applicant owns or leases in each aircraft identified under (2) of this subsection, together with the name of and interest held by all other persons who own or lease an interest in that aircraft;

(4) a copy of the lease if the applicant leases the aircraft;

(5) a statement that each aircraft identified in (2) of this subsection is airworthy;

(6) a list of each alternate assigned space for which the applicant requests consideration, in order of the applicant's preference;

(7) whether the space is to be used in a commercial aviation business or strictly for noncommercial purposes;

(8) if the space will be used in a commercial aviation business, a description of the applicant's business and a copy of the applicant's Alaska business license; and

(9) a non-refundable $50 application fee.

(b) The department may require an applicant to submit documentation or additional information to verify the statements made in an application for an assigned-space permit.

(c) Subject to the availability of a space and (d) and (e) of this section, the department will approve an application for assigned space unless

(1) the applicant fails to submit the information required under (a) or (b) of this section;

(2) the applicant is not in compliance with the requirements of 17 AAC 45.500 - 17 AAC 45.590;

(3) the aircraft the applicant intends to park on the assigned space does not conform to applicable dimension, weight, use, or type limits established by the department under 17 AAC 45.030 or 17 AAC 45.510(a) for any requested space;

(4) the applicant is not the owner or lessee of at least a one-third interest in the aircraft to be parked on the assigned space;

(5) the aircraft to be parked on the assigned space is not airworthy;

(6) the application must be denied under 17 AAC 45.010(g) ;

(7) the applicant is requesting an additional assigned space for a category of assigned space for which the applicant already holds the maximum number of spaces that the department allows per person under 17 AAC 45.500(e) or (f); or

(8) the applicant does not agree to accept an available space that the department proposes to assign to the permit under (e) of this section.

(d) Notwithstanding (c) of this section, the department may deny an application for an assigned space if the applicant is a current lessee or permittee under a lease or a permit at the airport for use of land that is suitable for aircraft parking and is accessible to the runway by aircraft.

(e) Except as provided under 17 AAC 45.550, if the department approves an application, the department will assign the applicant's first choice space to the permit if the space is available. If the applicant's first choice space is not available because it is the subject of another permit or because the department has determined that the space requested by the applicant is needed by the department for airport development or other state purpose, the department will assign the applicant's second choice space to the permit. With the applicant's agreement, if the applicant's first and second choice spaces are not available, the department may assign another available space to the applicant.

(f) The department will mail or hand deliver to the applicant a permit form for a space assigned under (e) of this section. The applicant has 20 days after the date the department mails or hand delivers the permit form to sign and return the form to the department, together with payment of the rent due under 17 AAC 45.510( l ) . If the applicant does not timely return the signed permit form to the department and pay the rent due, the opportunity to receive the permit lapses.

(g) Except when awarding permits in a lottery under 17 AAC 45.550, the department will issue permits for assigned space at an airport in the same order as the department receives completed applications.

(h) An applicant for an assigned-space may protest the department's denial of the applicant's application under (c) or (d) or the lapse of an opportunity to receive a permit under (f) of this section 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

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