Alaska Administrative Code

(a) Unless the proposal documents state that alternate proposals are acceptable, the evaluation committee appointed under 17 AAC 45.366 shall consider a proposal as not responsive if the proposer submits more than one proposal under the same or different names. (b) The evaluation…

(a) The evaluation committee appointed under 17 AAC 45.366 may not recommend award to a proposer if the committee determines in writing that the proposer is not responsible under 17 AAC 45.390 or because the proposer fails timely to make a required presentation, attend an intervi…

(a) Subject to 17 AAC 45.378, the department will issue a written notice of intent to award the lease, permit, or concession to the successful proposer. At least seven days before awarding the lease, permit, or concession, the department will mail or deliver the notice to all pro…

At any time before or after issuing a notice of intent to award, the department will reject all proposals if the department determines in writing that rejection is in the best interest of the state. If the department rejects all proposals, the department will give to all proposer…

If the successful proposer does not sign the lease, permit, concession, or any other required document or perform any other requirement of the proposal documents within the time set under 17 AAC 45.375(b) or as extended by the department for good cause, the department will cancel…

(a) In determining whether a bidder or proposer under 17 AAC 45.300 - 17 AAC 45.399 is responsible, the department will or the evaluation committee shall, as applicable, consider such relevant factors as the bidder's or proposer's (1) record of operational and contractual perform…

A bidder or proposer under 17 AAC 45.300 - 17 AAC 45.399, as applicable, may protest the department's intent to award a lease, permit, or concession made available for bid or proposal or the department's rejection of a bid or proposal in accordance with 17 AAC 45.910. Notes 17 AA…

Notes 17 AAC 45.399 Eff. 3/28/2002, Register 161; repealed 3/22/2008, Register 185

(a) Except as otherwise provided in (b) or (d) of this section, when this chapter requires public notice, the department will give the public not less than (1) 30 days' notice by posting the required notice on the Alaska Online Public Notice System; (2) 21 days' notice by posting…

(a) The department will include provisions in a lease, permit, or concession that (1) identify the obligations and privileges of the parties; (2) produce fair and reasonable revenue for the state; (3) foster the safe, effective, and efficient operation of the airport; (4) require…

(a) In addition to the other applicable requirements of this chapter, and when not prohibited by applicable law, the department will include, as applicable, in a lease, permit, or concession a means for collection of data necessary for receipt of certain federal money, for partic…

(a) Except as provided under (b) of this section, the department will not require a lessee, permittee, or concessionaire to provide insurance coverage as a condition of that person's lease, permit, or concession. (b) The department will require a lessee, permittee, or concessiona…

(a) The department will deliver by mail, hand, electronic transmission, or posting on the premises a written notice to a lessee, permittee, or concessionaire that violates a term of a lease, permit with a term greater than 270 days, or concession when the department considers the…

(a) The commissioner will designate an airport for assigned-space aircraft parking if the commissioner determines in writing that the designation is in the best interest of the state. In making this determination, the commissioner will consider the applicable factors set out at 1…

(a) The department will limit the type, weight, use, or dimensions of aircraft authorized to use an assigned space at an airport when doing so is justified by the design, safety, maintenance, or operation of the space, the parking area, or the airport. (b) A person may park only …

(a) To obtain a permit for an assigned space, a person must submit an application to the department. A person may not submit an application for an assigned space for an aircraft that is already listed on an assigned-space permit or on an application for a different permit unless …

(a) The term of a long-term assigned-space permit at an airport is five years unless the department determines that the space may be needed for airport development within that period or that a shorter term is otherwise in the best interest of the state. The term of a short-term a…

(a) A long-term assigned-space permit holder may cancel the permit for any reason upon 30 days' written notice to the department. A short-term assigned-space permit holder may cancel the permit for any reason upon 10 days' written notice to the department. (b) The department will…

(a) The department will award by lottery initial permits for a category of assigned space at an airport if(1) when designating an airport for assigned-space aircraft parking under 17 AAC 45.500, the commissioner determines that the demand for assigned space in that category at th…

(a) For each airport designated for assigned-space aircraft parking, the department will establish and maintain a switch list by which a permittee may have an opportunity to receive reassignment to a different assigned space in the same category. Each switch list will be maintain…

(a) When permits have been issued for all assigned spaces in a category on an airport, the department will establish and maintain in chronological order according to the date the department receives written assigned-space or wait-list applications, a wait list of applicants for s…

The Birchwood Airport is designated for assigned-space aircraft parking. The provisions of 17 AAC 45.500(a) - (c) do not apply to the Birchwood Airport. Notes 17 AAC 45.580 Eff. 3/28/2002, Register 161 Authority:AS 02.15.020 AS 02.15.060 AS 02.15.090

In 17 AAC 45.500 - 17 AAC 45.590, unless the context otherwise requires, (1) "long-term" means a term more than one year; (2) "noncommercial purpose" means the use of an assigned space to park an aircraft that is flown only for purposes other than commercial aviation business; (3…

(a) The commissioner will designate a portion of an airport for transient aircraft fee parking on a temporary, seasonal, or year-round basis if the commissioner determines in writing that it is in the best interest of the state to do so considering the applicable factors set out …

(a) This section applies to use of an area that the department has designated for aircraft parking on an airport at which the department has not designated an area for assigned-space aircraft parking under 17 AAC 45.500 - 17 AAC 45.590 or transient aircraft fee parking under 17 A…

(a) The commissioner will order the abandonment or the temporary or permanent closure of an airport to aircraft operations if the commissioner finds that it is in the best interest of the state to do so, considering (1) safety to aircraft and the traveling public; (2) constructio…

(a) The department will dispose of a state-owned building on an airport or an item of personal property abandoned under 17 AAC 45.115 or abandoned on a premises on an airport after the lease, permit, or concession expires or terminates if the commissioner determines in writing th…

(a) The purpose of 17 AAC 45.800 - 17 AAC 45.810 is to regulate the conduct of first amendment activity at an airport, but to avoid any inference of intended or inadvertent designation of any part of an airport as a public forum. (b) A first amendment activity on an airport must …

(a) A person who conducts a first amendment activity on an airport must abide by the provisions of this section. (b) To ensure that a first amendment activity on an airport is conducted in a manner consistent with the considerations set out at 17 AAC 45.800(b), the department may…

(a) This section provides guidance to the airport manager and other decision makers acting for the department when a provision of this chapter calls for consideration of the best interest of the state. (b) The best interest of the state contemplates an action or practice that bes…

(a) Except as expressly excluded in this subsection, a person with a legally recognized right or interest that is adversely affected by a decision of an airport manager or the department under this chapter may seek review of that decision only by filing a protest with the departm…

(a) This section applies to an appeal of a decision made by the department on a protest under 17 AAC 45.297 or 17 AAC 45.910. A decision subject to appeal under this section is subject to review only as provided under this section. (b) Except as provided under (c) of this section…

In this chapter, unless the context requires otherwise, (1) "air carrier" means a person engaged in the transportation of passengers or cargo in air commerce for compensation; (2) "air freight forwarding" means (A) accepting or consolidating goods or property for delivery to an a…

A person, department, or agency responsible for the construction of a public building or facility by or for the state (including the University of Alaska) or its political subdivisions shall assure that the public building or facility is accessible to and usable by persons with p…

(a) If the governing body of a municipality wishes to exercise its right under AS 35.15.080 to request the assumption of any of the department's planning, design, and construction responsibilities for a public works project located within its boundaries, the governing body must s…

(a) If the department transfers any of its planning, design, and construction responsibilities to a municipality, the department will, and the municipality shall, enter into a transfer of responsibilities agreement. This agreement defines the conditions governing the transfer of …

(a) If a municipality determines that it is necessary to engage the services of a private consultant to design a public works project under an agreement, the selection of the consultant must be accomplished under procedures that comply with AS 36.98 and 17 AAC 07.010 - 17 AAC 07.…

(a) If a municipality has assumed partial or complete control of a public works project, the department will, in its discretion, require the municipality to submit certification of amounts and vouchers indicating payments of expenditures before the department will transfer money …

(a) If a municipality that has assumed control of a public works project under AS 35.15.080 is in substantial violation of an agreement executed under 17 AAC 55.020, or if the municipality has failed to fulfill its responsibilities under the agreement in a proper and timely manne…

(a) The department will, in its discretion, at any time, terminate an agreement executed under 17 AAC 55.020 and assume control of the project itself, if the department determines that termination is in the best interests of the state. The department will give written notice to t…

(a) If the department transfers control of a public works project to a municipality by an agreement executed under 17 AAC 55.020, the department will evaluate the project upon completion, to determine the project's compliance with that agreement. As part of this evaluation, the d…

(a) As used in this chapter, (1) "agreement" means a contract executed between the Department of Transportation and Public Facilities and a municipality established under AS 29, by which the department agrees to transfer to the municipality part or all of its duties to plan, desi…

The purpose of the tourist-oriented directional sign (TODS) program is to provide a tourist-oriented activity located near a rural highway with an opportunity to install within the highway right of way a sign that contains the name of the activity and directs the traveling public…

(a) A person who operates a tourist-oriented activity may apply to the department for a TODS permit by completing a TODS permit application. The applicant shall submit the application to the department representative specified on the application along with a nonrefundable $100 ap…

The department will approve a TODS permit application if (1) the applicant's tourist-oriented activity derives at least 25 percent of its gross receipts, if any, from visiting motorists who reside more than 20 miles from the location of the tourist-oriented activity; (2) the appl…

(a) A TODS may not be placed at the following junctions:(1) Sterling Highway at Kenai Spur; (2) Sterling Highway at Seward Highway; (3) Parks Highway at Glenn Highway; (4) Parks Highway at Palmer-Wasilla Highway; (5) Parks Highway at Seward Meridian; (6) Glenn Highway at Palmer-W…

Up to three TODS may share a set of sign posts. If two or three TODS share a set of sign posts, the TODS permit holders shall share the expense of maintaining the posts. Notes 17 AAC 60.020 Eff. 5/18/97, Register 142 Authority:AS 19.05.010 AS 19.05.020 AS 19.05.040 AS 19.25.105 A…