17 AAC 42.125 - Fee adoption, interest, late fees, and security for payment
(a) After giving
notice to the public in accordance with
17 AAC 42.400 and an opportunity
to comment, the commissioner will by order establish a schedule of all charges,
rents, and fees imposed at an airport. This fee schedule is a public record and
is available to the public upon request. The fee schedule is subject to
revision in accordance with this section from time to time as the commissioner
determines appropriate.
(b) After
giving notice to the public in accordance with
17 AAC 42.400 and providing an
opportunity to comment, the commissioner will periodically establish a land
lease rate based on relevant appraisal data, adjusted if necessary by the
Consumer Price Index for All Urban Consumers for the Anchorage Metropolitan
Area compiled by the Bureau of Labor Statistics, United States Department of
Labor, or other means described in the commissioner's order that adopts the
rate. The rate established may not exceed average fair market rent for land to
which it applies, with due consideration given to the restrictions on the
development and use of airport property.
(c) Interest at the rate provided in
AS
45.45.010 will be assessed on any rent or fee
that is not paid on time.
(d) A
lessee, permittee, or concessionaire who fails to submit a certified activity
report to the airport manager by the date required in a lease, permit, or
concession shall, unless the delay is due to an error of the department, pay a
late fee as set out in the fee schedule adopted under (a) of this section for
each such failure.
(e) If the
airport manager determines it is necessary to guarantee payment of any charge,
rent, or fee payable by a person for use of an airport or performance of any
other obligation to the department in connection with that use, the manager
shall require the person to make a deposit, post a bond, or provide a letter of
credit, personal guarantee, or other form of security. The deposit, bond,
letter of credit, personal guarantee, or other security must be in a form and
in an amount that the manager finds acceptable considering the person's
financial obligations to the airport, financial responsibility, and past and
proposed activities on the airport.
(f) Unless otherwise specified in a lease,
permit, concession, or other written agreement with the department, a person
required to pay the department under this chapter shall make payment within 30
days of the date of mailing or hand delivery of written demand by the
department.
(g) Any fee established
under this section for an application under this chapter is non-refundable
unless other wise stated in the schedule described in (a) of this
section.
Notes
The fee schedule adopted under 17 AAC 42.125 is available in the commissioner's office and the airport manager's office at each international airport at the address provided in 17 AAC 42.005.
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.090
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