Section 17 AAC 45.010 - Operation of airports; enforcement of chapter(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 (1) 60 days for a lease, permit, or concession that is not awarded competitively under 17 AAC 45.300 - 17 AAC 45.399; or(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.Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217, April 2016The Airport Sponsors Grant Assurances document, adopted by reference in 17 AAC 45.010, is available at the commissioner's office at the address set out in 17 AAC 45.005, and is also available at http://www.faa.gov/airports/aip/grant_assurances/. A list identifying each department-operated airport located within each administrative region of the department and the address of the office of the regional director for each administrative region are also available at the commissioner's office at the address set out in 17 AAC 45.005. The address for persons designated to carry out the functions and responsibilities of the department for the airports in each administrative region, and the name and address of the airport manager designated for a specific airport are available at the office of the regional director for the administrative region of the department in which the airport is located, or through the commissioner's office at the address set out in 17 AAC 45.005.
As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 17 AAC 45.010.
Authority:AS 02.15.020
AS 02.15.060
AS 02.15.090
AS 02.15.200
AS 02.15.220
AS 02.15.230