17 AAC 42.670. Cancellation of permit, reassignment of space, or suspension of permit

(a) A permittee may cancel a tiedown permit for any reason upon written notice to the airport manager.

(b) The airport manager shall cancel a permit if the permittee fails to comply with an applicable material requirement of 17 AAC 42.600 - 17 AAC 42.699 or other applicable provision of this chapter within 30 days after the manager mails or delivers written notice of the noncompliance to the permittee.

(c) If the airport manager determines that it is necessary temporarily or permanently to convert a tiedown space to another category of tiedown space or to another use to accommodate airport expansion, development, operation, or other state purpose or that it is otherwise in the best interest of the state to do so, the manager shall require the permittee to vacate the space and

(1) if another tiedown space in the same category as the space vacated is available, reassign the permit to that space;

(2) if another space in the same category is not available, reassign the permittee to a space in a category as similar as possible to the space vacated and give the permittee the opportunity to provide the information required under 17 AAC 42.640(b) and be placed on the top of the applicable switch list for reassignment under 17 AAC 42.640(e) (1); or

(3) if no other space is vacant and available, suspend the permit and give the permittee the opportunity to provide the information required under 17 AAC 42.640(b) and be placed on the top of the applicable switch list for reassignment under 17 AAC 42.640(e) (1).

(d) The airport manager shall mail or deliver written notice to the permittee at least 60 days before reassigning the permittee to another space or suspending the permit under (c) of this section. The notice must state the reasons for reassigning the permittee or suspending the permit.

(e) If the permittee within 30 days of the reassignment under (c)(1) of this section submits a list of preferred spaces and the other information required under 17 AAC 42.640(b) , the manager shall place the permittee on the top of the switch list to receive an opportunity to switch spaces under the procedures of 17 AAC 42.640(e) (2). The permittee's name may remain on that list without paying any fee otherwise charged under 17 AAC 42.640 for placement on the switch list so long as the permittee still qualifies for a permit under 17 AAC 42.610 (a) and is otherwise in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699.

(f) If a permit is suspended under (c)(3) of this section and the permittee is placed at the top of the applicable switch list under that provision, the permittee may remain on that list without paying any fee otherwise charged under 17 AAC 42.640 for placement on the switch list or under 17 AAC 42.620 for holding the permit so long as the permittee still qualifies for a permit under 17 AAC 42.610(a) and is otherwise in compliance with the applicable requirements of 17 AAC 42.600 - 17 AAC 42.699.

(g) A permittee who is temporarily reassigned to another tiedown space under (c) of this section must pay either the fee for the temporary tiedown space or the fee for the permittee's permanently assigned tiedown space, whichever is less, for the duration of the reassignment.

(h) If, under (c) of this section, the airport manager reassigns a permittee to another space or suspends the permittee's permit, subject to the availability of an appropriation for the purpose, the manager shall compensate the permittee for the reasonable transportation cost of relocating any portable building from the vacated space to another location on the airport and any electrical disconnect and reconnect fee so long as the manager had approved the portable building or electrical connection, as applicable, in writing before installation.

(i) A permittee who is permanently reassigned to another tiedown space under (c) of this section must timely and at the permittee's own expense

(1) pay the fee for the reassigned tiedown space; and

(2) comply with the requirements of 17 AAC 42.620(v) and (w).

(j) Upon cancellation of a permit, the airport manager shall refund the permit fee on a pro rata basis except to the extent of any liability of the permittee to the department under this chapter.

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

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

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