17 AAC 45.910. Protest

(a) Except as expressly excluded in this subsection, a person who is adversely affected by a decision of an airport manager or the department under this chapter may seek review of that decision only by filing a protest with the department under this section. This section does not apply to a rent adjustment under 17 AAC 45.295 or to a decision to reject a rent adjustment protest under 17 AAC 45.297.

(b) Except as provided under (c) of this section, the department must receive a protest within 30 calendar days after

(1) the earliest date that the airport manager or the department mailed or delivered the decision being protested to the protester; or

(2) the date that the manager or the department orally conveyed the decision to the protester if the manager or the department did not put the decision in writing.

(c) The department must receive a protest relating to a decision under 17 AAC 45.300 - 17 AAC 45.399 within seven calendar days after the date described in (b)(1) and (2) of this section, as applicable.

(d) A protest is not effective unless it is submitted in writing, is signed by the protester or the protester's representative, and includes

(1) a reference to any case, agreement, or application number under which the decision was made;

(2) a copy of the decision being protested, if written, or, if either the decision was not written or a copy of the decision is not available to the protester, a summary description of the decision;

(3) a detailed statement of the factual and legal basis of the protest, including a statement of the facts alleged to be in dispute and a copy of any relevant documents, and a statement of the remedy requested;

(4) the address of the protester or the protester's representative to whom any notice or decision concerning the protest is to be mailed or delivered; and

(5) a reference, by case, agreement, or application number, if applicable, to any other affected agreement, contract, lease, permit, concession, or application.

(e) A protester protesting a decision under 17 AAC 45.300 - 17 AAC 45.399 must mail or deliver a copy of the protest documents filed with the department to any other bidder or proposer, as applicable, at the same time the protester mails or delivers the protest to the department.

(f) The proper and timely filing of a protest under this section shall stay the decision being protested until the protest is decided unless and until the department determines in writing that it is contrary to the best interest of the state to stay the decision beyond the date of that determination or another stated date.

(g) The department will mail or deliver a written decision on the protest to the protester or the protester's representative and any other bidder or proposer or their representatives within 15 days after the protest is filed unless the protester agrees, in writing, to a longer period. If the department does not mail or deliver a decision to the protester or the protester's representative by the date it is due, the protester may proceed as if the department had issued a decision adverse to the protester.

(h) The protester may appeal an adverse decision on the protest in accordance with 17 AAC 45.920.

(i) A decision subject to this section but not timely protested in accordance with this section is not subject to appeal under 17 AAC 45.920.

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

Authority: AS 02.15.020

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