17 AAC 70.265. Denial and revocation of terminal use

(a) The system director for the Alaska Marine Highway System, may deny an application for terminal use if

(1) the applicant has billings for previous marine highway system terminal use which are more than 30 days past due;

(2) the vessel to be docked at a specific marine highway system terminal facility is of a size or configuration that exceeds the facility's design capacity;

(3) the applicant fails to provide, when required by the system director, the certificates of insurance required under 17 AAC 70.250(a) (8);

(4) the applicant fails to provide the payment bond required by 17 AAC 70.280(b) ; or

(5) the period for use of the marine highway system terminal facility has been previously assigned to another private sector operator or a vessel of the Alaska Marine Highway System, or if the applicant's proposed use conflicts with construction, repair, or operational activities at the terminal facility.

(b) The system director for the Alaska Marine Highway System, may revoke a terminal use authorization or contract if

(1) billings to the permittee for use of the marine highway system terminal facility are 30 days past due;

(2) the private sector user operates a vessel at the terminal facility which is different than the vessel specified in the use authorization or contract, and that vessel is of a size or configuration that exceeds the facility's design capacity;

(3) the insurance required by 17 AAC 70.250(a) (8) is cancelled;

(4) the payment bond required under 17 AAC 70.280(b) is cancelled; or

(5) a material violation of any of the terms of the terminal use authorization or contract occurs.

History: Eff. 9/22/84, Register 91; am 1/23/93, Register 125

Authority: AS 44.42.020

AS 44.42.030

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