17 AAC 45.540. Cancellation of an assigned-space permit

(a) A permittee may cancel an assigned-space permit for any reason upon 30 days written notice to the department.

(b) The department will cancel an assigned-space permit if, 30 days after the department mails or delivers to the permittee written notice of the noncompliance, the permittee has failed to pay the required rent for the space when the rent is due as provided in 17 AAC 45.510 or has otherwise failed to comply with an applicable requirement of 17 AAC 45.500 - 17 AAC 45.590 or the terms of the permit.

(1) 45 days after the department mails or delivers to the permittee written notice of the department's intent to do so, if the permit may be canceled under 17 AAC 45.500(f) ;

(2) 90 days after the department mails or delivers to the permittee written notice of the department's intent to do so, if the department determines that the space is needed for a purpose other than assigned-space parking; or

(3) after as much notice as may be practical under the circumstances if the department determines that the space is needed on an emergency basis.

(d) After cancellation of an assigned-space permit, the department will determine the rent payable for the space to the date the permittee relinquishes and vacates the space under 17 AAC 45.530(h) . The department will refund any excess rent paid by the permittee after deducting

(1) any amount owed to the department by the permittee under a contract with the department; and

(2) the amount applicable to any remainder of the first six months after the permit was issued.

(e) An assigned-space permittee may protest the department's cancellation of a permit under 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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