Title 17 . Transportation and Public Facilities

Chapter 45 . Miscellaneous Provisions

Section 550. Assigned-space permit lottery

17 AAC 45.550. Assigned-space permit lottery

(a) The department will award by lottery initial permits for a category of assigned space at an airport if

(1) when designating an airport for assigned-space aircraft parking under 17 AAC 45.500, the commissioner determines that the demand for assigned space in that category at the airport exceeds the space available for that category; or

(2) the number of applications received by the department for assigned space in that category in response to the public notice given under 17 AAC 45.500 exceeds the number of spaces available for that category.

(b) Before conducting an assigned-space permit lottery, the department will give notice of the lottery to the public in accordance with 17 AAC 45.400. The notice will include

(1) the name of the airport;

(2) the number of assigned-space permits in the category being made available;

(3) a description of the permits being made available, including term, conditions, and limitations;

(4) the address and last date and time by which an application must be received by the department to be included in the lottery; the date will be at least 30 days after the date the notice is first published or posted under 17 AAC 45.400; and

(5) the date, time, place, and manner of conducting the lottery, which may include either random assignment of spaces or space assignment based upon preferences stated in randomly drawn applications.

(c) The department will include in a lottery under this section each applicant who has submitted an assigned-space permit application in accordance with 17 AAC 45.520(a) and (b), as applicable, and whose application has been approved by the department under 17 AAC 45.520(c) .

(d) The department will conduct an assigned-space permit lottery at the time and place stated in the public notice substantially as follows:

(1) attendance at the lottery is open to the public;

(2) a separate lottery is conducted for each category of assigned space identified in the public notice;

(3) the department draws applications one at a time until all applications have been drawn;

(4) as each application is drawn, the applicant's name and either the randomly-assigned space number or the order of the applicant's space preferences, as applicable, are announced and recorded;

(5) if spaces are to be assigned based upon applicant preference,

(A) the applicant whose application is drawn first is awarded a permit for the highest choice of assigned space listed in the application; and

(B) for each subsequent application drawn, the department awards to the applicant

(i) a permit for the highest choice of assigned space that is listed in the application and has not yet been awarded; or

(ii) if each space listed in the application is already awarded, a permit for an available space as determined by the department; if the applicant has stated in the application that the applicant only desires award of an assigned space specifically listed in the application, then no space is awarded to the applicant;

(6) if the department has assigned all available spaces before all applications have been drawn, the department will establish a wait list under 17 AAC 45.570 starting with the remaining applicants in the order that remaining applications are drawn.

(e) An applicant for a permit under this section may protest a decision by the department regarding that person's application 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