Oregon Administrative Rules
Chapter 738 - OREGON DEPARTMENT OF AVIATION
Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS
Section 738-015-0015 - ODA Review of Application for Commercial Aeronautical Lease
Universal Citation: OR Admin Rules 738-015-0015
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department shall review the lease application for commercial aeronautical activities of the prospective Lessee and the financial responsibility documentation, and determine whether to approve or deny the application. The decision shall be conveyed in writing to the prospective Lessee.
(2) The Department may deny any prospective Lessee's application if it is determined that:
(a) The proposed commercial aeronautical
activities, operation, and/or construction would create a safety hazard at the
airport or surrounding community;
(b) The prospective Lessee, for any reason,
does not fully meet the qualifications, standards, and requirements of the
Airport Operating Minimum Standards;
(c) The granting of the lease application
will require the Department to expend funds, or supply labor or materials in
connection with the proposed activity and/or construction, that the Department
is unwilling or unable to spend, or the proposed activity and/or construction
will result in a financial loss or hardship to the airport;
(d) No adequate space is available or no
buildings exist at the State-owned airport that would accommodate the proposed
commercial operation at the time of the application, nor is such contemplated
within a reasonable time frame;
(e)
The proposed operation, development, and/or construction does not comply with
the Airport Master Plan and/or the Airport Layout Plan in effect at that time,
or those plans anticipated to be in effect within the time frame proposed by
the prospective Lessee;
(f) The
development or use of the area requested by the prospective Lessee is likely to
result in congestion of aircraft or airport buildings, or will unduly interfere
with operations or activities of any present Lessee at the airport, or will
prevent adequate access to the assigned Lease area of any present
Lessee;
(g) The prospective Lessee
has failed to make full disclosure or has misrepresented or omitted material
facts in its application or in supporting documents;
(h) The prospective Lessee, or a principal of
the prospective Lessee, has a record of violating the rules, regulations,
statutes, ordinances, laws, or orders of any airport, or any civil air
regulations, FAA regulations, or any other rules, regulations, statues,
ordinances, laws, or orders applicable to airports;
(i) The prospective Lessee, or a principal of
the prospective Lessee, has defaulted at any time in the performance of any
other agreement with the State;
(j)
On the basis of current financial information, the prospective Lessee does not,
in the discretion of ODA, exhibit adequate financial responsibility or
capability to undertake the proposed operation and activities;
(k) The prospective Lessee cannot or will not
provide a performance bond or applicable insurance in the amounts and type
required the Department for the proposed commercial aeronautical activity;
or
(l) It is determined that the
prospective Lessee's activities or operations could be detrimental in any way
whatsoever to the State-owned airport.
Stat. Auth.: ORS 835.035, 835.040 & 835.112
Stats. Implemented: ORS 935.035, 935.040, 835.112 & 836.055
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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