Section 17 AAC 42.010 - Airport manager; enforcement of chapter(a) Except as otherwise provided by this chapter or other applicable law, the airport manager is authorized to operate the airport in accordance with this chapter and other applicable law.(b) When an action or decision of the airport manager under this chapter requires or otherwise calls for the manager to exercise discretion, the manager shall evaluate such action or decision considering the best interest of the state.(c) Except as otherwise provided by this chapter and subject to (b) of this section, the airport manager 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 02.15.260 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.(d) 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.(e) The airport manager shall make a decision under this chapter in good faith and on a reasonable basis. If the manager does not make a decision within 60 days of receipt of an application or request, the manager shall mail or deliver to the applicant or requester written notice of the status of the application or request.(f) If the airport manager denies an application or request under this chapter, 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 manager shall deny an application or request under this chapter if the manager determines that the applicant or requester is (1) in violation of a provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or this chapter;(2) in violation of a material term of a contract with the department;(3) in arrears on a rental payment or other material financial obligation due the department; or(4) in default of a material obligation under any lease, permit, or concession the department has issued to the applicant or requester for any property or activity at any airport 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 airport manager determines that the matter under protest or appeal has a direct bearing on the application or request under consideration, the airport manager may defer action on the application or request until that protest or appeal is decided.Eff. 1/14/2001, Register 157; am 3/28/2002, Register 161; am 1/17/2016, Register 217, April 2016As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 17 AAC45.42.010.
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