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Title 17 . Transportation and Public Facilities
Chapter 42 . Miscellaneous Provisions
Section 655. Wait-list contingency

17 AAC 42.655. Wait-list contingency

(a) This section applies to a wait list for a tiedown category on the airport only after the commissioner finds that the waiting period for persons on that list exceeds five years.

(b) Upon the commissioner's finding under (a) of this section, the airport manager shall notify the public of that finding in accordance with 17 AAC 42.400. The manager shall also mail or deliver a copy of the notice to each person on the wait list for the tiedown category. The notice must identify the tiedown category of the wait list affected and state

(1) the date on which this section will apply to that wait list;

(2) the amount of the annual wait list fee established under 17 AAC 42.125;

(3) the date by which a person on the wait list must pay the fee; and

(4) the manager's address for receiving wait list requests and fees.

(c) Subject to the public notice requirement under (b) of this section, the airport manager shall begin charging an annual fee established under 17 AAC 42.125 for a person to remain on the wait list for that category and limit the number of tiedown spaces in that category available to persons on that list to one space per permittee.

(d) In order to remain on a wait list after that list becomes subject to this section, a person who is on that list on the effective date on which this section applies to that list must submit a written request to remain on the list and pay the fee established under 17 AAC 42.125 no later than 60 days after that effective date.

(e) In order to be added to a wait list that is subject to this section, a person who is not on that list on the effective date on which this section applies to that list must submit a written request to be added to the list in accordance with 17 AAC 42.650(b) and pay the fee established under 17 AAC 42.125.

(f) A person who is on a wait list after that list becomes subject to this section must by September 30 of each year submit to the airport manager a written request to remain on the list and pay the fee established under 17 AAC 42.125.

(g) If a person on a wait list subject to this section does not timely submit a request under (d) or (f) of this section, as applicable, to remain on the list and pay the required fee, the airport manager shall mail or deliver a written notice to the person informing the person that if the person does not submit, within 60 days of the date of the notice, a written request to remain on the wait list along with the required fee, the person's name will be removed from that list. If a person does not submit a written request and the required payment within the period stated in the notice, the manager shall remove the person's name from the list.

(h) This section ceases to apply to a wait list if and when the commissioner finds that no person has been on that wait list for more than two years. The airport manager shall notify the public in accordance with 17 AAC 42.400 of the commissioner's finding. The notice must identify the affected tiedown category and state the date that this section will no longer apply to the wait list. The manager shall mail or deliver a copy of the notice to each permittee in the affected category. If a wait list exists for the affected category, the manager shall also mail or deliver a copy of the notice to each person on that wait list.

(i) Nothing in this section limits a permittee who at the time the commissioner makes a finding under (a) of this section has more than one tiedown permit in the category affected by the finding from continuing to hold the permits or from obtaining subsequent permits so long as the permittee otherwise continues to qualify for those permits under 17 AAC 42.600 - 17 AAC 42.699.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090


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Last modified 7/05/2006