(a) An airport
subject to this chapter is operated by the department. From time-to-time and as
the commissioner or the regional director for the administrative region of the
department in which the airport is located determines appropriate, the
commissioner or the regional director may designate for an airport one or more
department employees or other persons to carry out functions and
responsibilities relating to leasing and property management at an airport and
one or more department employees or other persons to carry out functions and
responsibilities relating to maintenance and operation of an airport. One or
more functions and responsibilities of the department may also be delegated to
the airport manager.
(b) The
department employee or other person designated by the commissioner or a
regional director under (a) of this section to act for the department,
including an airport manager, shall make a decision under this chapter in good
faith and on a reasonable basis.
(c) When an action or decision of either the
department or an airport manager under this chapter requires or otherwise calls
for the department or the manager, as applicable, to exercise discretion, the
department will or the manager shall evaluate such action or decision
considering the best interest of the state.
(d) Except as otherwise provided by this
chapter or in the designation made under (a) of this section, and subject to
(c) of this section, a department employee or other person designated by the
commissioner or a regional director under (a) of this section to act for the
department or as a manager for an airport is authorized to enforce
(1) the provisions of this chapter;
(2) applicable laws and programs relating to
aviation or air transportation that are consistent with
AS
02.15.010 -
AS
02.15.270 and this chapter; and
(3) the provisions of AS 28 and 13 AAC as
they apply to vehicles or to persons operating vehicles on the
airport.
(e) The Airport
Sponsors Grant Assurances of the FAA, dated March 2014 and incorporating
amendments published in 79 Fed. Reg.
18755 -
18757 (April 3, 2014), is adopted
by reference in this chapter.
(f)
If the department or an airport manager, as applicable, does not make a
decision within 60 days of receipt of an application or request, the department
will or the manager shall, as applicable, mail or deliver to the applicant or
requester written notice of the status of the application or request. If the
department or manager denies an application or request under this chapter, the
department will or the manager shall provide the applicant or requester with
the specific grounds for the denial in writing.
(g) Subject to (h) of this section, the
department will and the airport manager shall deny an application or request
under this chapter if the department or manager, as applicable, determines that
the applicant or requester
(1) has violated a
provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 42, or
this chapter, which violation the applicant or requester has not resolved to
the satisfaction of the department or manager;
(2) has violated a material term of a
contract with the department, which violation the applicant or requester has
not resolved to the satisfaction of the department or manager;
(3) is in arrears on a rental payment or
other material financial obligation due the department; or
(4) is in default of a material obligation
under any lease, permit, or concession that the department has issued to the
applicant or requester for any property or activity at any airport that the
department owns, operates, or otherwise controls.
(h) If an applicant or requester has filed a
protest or appeal in connection with a matter described in (g) of this section
that is pending under
17 AAC 40.382 in effect before
March 28, 2002,
17 AAC 42.910,
17 AAC 42.920,
17 AAC 45.910, or
17 AAC 45.920 and the department
or airport manager, as applicable, determines that the matter under protest or
appeal has a direct bearing on the application or request under consideration,
the department or manager may defer action on the application or request until
that protest or appeal is decided.
(i) If a provision of this chapter that
requires the airport manager, commissioner, or department to issue a written
notice to a person does not specify the method of delivery, the notice may be
delivered by mail, by hand, or by electronic transmission, with confirmation of
receipt by the addressee requested. However, unless this chapter requires
another form of supplemental notice, an attempted delivery to the address the
intended recipient last provided to the department in writing constitutes
effective notice with or without confirmation of receipt.
(j) When an application for a lease, permit,
or concession under this chapter is approved and the department sends the
applicant a lease, permit, or concession for signature, the applicant shall
return the signed lease, permit, or concession to the department or airport
manager, as applicable, within 60 days after the date the lease, permit, or
concession was mailed to the applicant, unless a letter or notice mailed with
the lease, permit, or concession requires the applicant to return the signed
lease, permit, or concession within a different time. If a letter or notice
establishes a different time for return of the signed lease, permit, or
concession, the time for returning the signed documents may not be less than
(2) the time stated in the bid documents or
proposal documents for a lease or concession that is awarded competitively
under
17 AAC 45.300 -
17 AAC 45.399.
