17 AAC 45.110 - Consideration of application for business activity permit; permit requirements

(a) The department will approve an application for a business activity permit under 17 AAC 45.105 if the department does not determine that

(1) approval must be denied under 17 AAC 45.010(g);

(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed activity would violate applicable law, the state's obligations under revenue bonds issued under AS 37.15.410-37.15.550, an exclusive right the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 45.010(e); or

(4) the proposed activity would be inconsistent with sound airport planning.

(b) A decision by the department to deny an application for a business activity permit will be in writing.

(c) A business activity permit is not transferable and may not exceed a term of five years.

(d) A business activity permittee shall pay any annual business activity permit fee required under 17 AAC 45.127(p) and any other applicable fee established under this chapter.

(e) If the department determines under 17 AAC 45.425(b), that a business activity permittee must carry insurance, the permittee shall provide evidence of insurance coverage that fully satisfies the insurance requirement established by the department under 17 AAC 45.425(c) for the permittee's operations on the airport to which the permit applies.

(f) A business activity permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The department will order a permittee to remove from service any permittee vehicle that the department determines to be unsafe or otherwise in violation of this section.

(g) A business activity permittee may park and operate a vehicle on an airport in connection with a business activity allowed under the permit only in an area the department has designated for that purpose.

(h) A business activity permittee may cancel a business activity permit and cease operations at an airport at any time by written notice to the department.

(i) Upon 10 days' written notice to the business activity permittee, the department

(1) will cancel the permit if the department determines that the permittee

(A) is not in compliance with the permit and has not corrected the noncompliance within 10 days after receipt of the notice; or

(B) has ceased operations on that airport; or

(2) may, unless the permit provides otherwise, cancel a permit issued after March 22, 2008 for any reason not in violation of applicable law.

(j) The department's cancellation of a business activity permit will be in writing and state the reasons for the cancellation.

(k) An applicant or business activity permittee may protest the department's decision to deny an application or cancel a business activity permit, in whole or in part, in accordance with 17 AAC 45.910.

Notes

17 AAC 45.110

Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 4/23/2009, Register 190

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.220

AS 02.15.230