17 AAC 45.910 - Protest

(a) Except as expressly excluded in this subsection, a person with a legally recognized right or interest that 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. With respect to a notice of an intent to award under 17 AAC 45.300 - 17 AAC 45.399, a person who has not submitted a timely bid, proposal, or competing application relating to the subject of the notice does not have a legally recognized right or interest for purposes of this section. With respect to any other decision on an action proposed in a public notice under 17 AAC 45.400, a person who has not submitted timely written comment, objection, or application relating to the action proposed in the notice does not have a legally recognized right or interest for purposes of this section.

(b) Except as provided under (c) of this section, a person protesting a decision of the department must deliver a protest in compliance with (d) of this section so the department receives it 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) if the decision is not in writing, the earliest date that the airport manager or the department orally communicated the decision to the protester or announced the decision publicly under 17 AAC 45.342(a).

(c) A person protesting a notice of intent to execute under 17 AAC 45.210 or 17 AAC 45.285, a decision under 17 AAC 45.300 - 17 AAC 45.399, or a decision under 17 AAC 45.710 must deliver a protest in compliance with (d) of this section so the department receives it within seven calendar days after the date described in (b)(1) of this section if the decision is in writing, or (b)(2) of this section if the decision is not in writing. The department will reject a protest if the department determines in writing that

(1) the protest was not timely submitted under (b) or (c) of this section;

(2) the department did not cause the delay; and

(3) there is no other equitable reason to extend the time to protest.

(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 adverse effect on a legally recognized right or interest of the protester, 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 complete and timely filing of a protest in compliance with this section stays the decision being protested until the department decides the protest, or 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.

Notes

17 AAC 45.910

Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.200

AS 02.15.220