17 AAC 45.570. Assigned-space wait list

(a) When permits have been issued for all assigned spaces in a category on an airport, the department will establish and maintain in chronological order according to the date the department receives written assigned-space or wait-list applications, a wait list of applicants for space in that category. A wait list is a public record.

(b) The department will add to a wait list for an airport a person who has submitted to the department either a completed application for an assigned space or a wait-list application on a form provided by the department.

(c) A wait list will include each applicant's name, mailing address and, if available, telephone and facsimile numbers and electronic-mail address, and the date the application was received by the department.

(d) Except as provided for a wait list established in connection with an assigned-space permit lottery under 17 AAC 45.550(d) , the department will add names to a wait list for a category of space at an airport in the order that the department receives applications for that category of space or wait list at that airport.

(e) An applicant on a wait list shall promptly notify the department in writing of any change in the applicant's name, mailing address, telephone or facsimile number, or electronic-mail address.

(f) In order to remain on a wait list, an applicant must submit to the department between September 1 and October 31 of each calendar year a written request to do so. The department will remove from a wait list the name of a person who fails timely to submit a written request under this subsection.

(g) When an assigned space becomes available and is not assigned to another permittee on a switch list under 17 AAC 45.560, the department will identify the applicant who is first on any applicable wait list and whose application lists an aircraft that satisfies any limitation established for the space under 17 AAC 45.510(a) . If, within the preceding 12 months, the applicant has submitted an assigned-space permit application that is approvable under 17 AAC 45.520(c) , the department will mail or hand deliver to the applicant a permit form for the space. If the applicant has not submitted an assigned space application that is approvable under 17 AAC 45.520(c) within the preceding 12 months, the department will mail or hand deliver to the applicant a new permit application to be submitted in accordance with 17 AAC 45.520.

(h) When the department mails or delivers a new permit application to an applicant under (g) of this section, the applicant must complete and submit the application and, if the applicant has not already done so for a pending application, pay the application fee required under 17 AAC 45.520(a) to the department within 20 days after the date that the department mails or hand delivers the application. If the applicant does not timely submit the application and application fee, if applicable, the applicant's opportunity to apply for the available space lapses, and the department will remove the applicant's name from the wait list, mail or deliver written notice to the applicant that the department has done so, and make the space available to the next person on the wait list in accordance with (g) of this section.

(i) The department will approve an assigned space application submitted under (h) of this section if the application is approvable under 17 AAC 45.520(c) , except that the applicant has 90 days from the date the application is submitted to acquire at least a one-third ownership or leasehold interest in an airworthy aircraft that the applicant seeks to list on the permit. If the department approves an application under this paragraph, the department will mail or hand deliver a permit for the space to the applicant.

(j) An applicant to whom the department mails or hand delivers a permit form under (g) or (i) of this section must, within 20 days after the date of that mailing or delivery, sign the permit and return it to the department together with payment of the rent due under 17 AAC 45.510( l ) - (p), as applicable. If the applicant timely signs and returns the permit and pays the required rent, the department will award the permit for the assigned space to the applicant and remove the applicant's name from the wait list. If the applicant does not timely sign and return the permit with the rent payment, the applicant's opportunity to accept the permit lapses, and the department will remove the applicant's name from the wait list, mail or deliver written notice to the applicant that the department has done so, and make the permit available to the next person on the list in accordance with (g) of this section.

(k) A permit applicant who applies to be placed on a wait list or an applicant on a wait list may protest a decision of the department 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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