Current through August 30, 2024
(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 the airport
exceeds the space available for that category; or
(2) the number of applications received by
the department for assigned space in that category in response to the public
notice given under
17 AAC 45.500 exceeds the number
of spaces available for that category.
(b) Before conducting an assigned-space
permit lottery, the department will give notice of the lottery to the public in
accordance with
17 AAC 45.400. The notice will
include
(1) the name of the airport;
(2) the number of assigned-space permits in
the category being made available;
(3) a description of the permits being made
available, including term, conditions, and limitations;
(4) the address and last date and time by
which an application must be received by the department to be included in the
lottery; the date will be at least 30 days after the date the notice is first
published or posted under
17 AAC 45.400; and
(5) the date, time, place, and manner of
conducting the lottery, which may include either random assignment of spaces or
space assignment based upon preferences stated in randomly drawn
applications.
(c) The
department will include in a lottery under this section each applicant who has
submitted an assigned-space permit application in accordance with
17 AAC 45.520(a) and (b), as applicable, and whose application has
been approved by the department under
17 AAC 45.520(c).
(d) The department will conduct an
assigned-space permit lottery at the time and place stated in the public notice
substantially as follows:
(1) attendance at
the lottery is open to the public;
(2) a separate lottery is conducted for each
category of assigned space identified in the public notice;
(3) the department draws applications one at
a time until all applications have been drawn;
(4) as each application is drawn, the
applicant's name and either the randomly-assigned space number or the order of
the applicant's space preferences, as applicable, are announced and
recorded;
(5) if spaces are to be
assigned based upon applicant preference,
(A)
the applicant whose application is drawn first is awarded a permit for the
highest choice of assigned space listed in the application; and
(B) for each subsequent application drawn,
the department awards to the applicant
(i) a
permit for the highest choice of assigned space that is listed in the
application and has not yet been awarded; or
(ii) if each space listed in the application
is already awarded, a permit for an available space as determined by the
department; if the applicant has stated in the application that the applicant
only desires award of an assigned space specifically listed in the application,
then no space is awarded to the applicant;
(6) if the department has assigned all
available spaces before all applications have been drawn, the department will
establish a wait list under
17 AAC 45.570 starting with the
remaining applicants in the order that remaining applications are
drawn.
(e) An applicant
for a permit under this section may protest a decision by the department
regarding that person's application in accordance with
17 AAC 45.910.
Authority:AS
02.15.020
AS 02.15.060
AS
02.15.090
