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(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.
History: Eff. 1/14/2001, Register 157
Authority: AS 02.15.020
Editor's note: 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.
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Last modified 7/05/2006