Section 17 AAC 45.430 - Cancellation of a lease, permit, or concession(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 violation to be a material deviation from the requirements of the lease, permit, or concession. Notice under this section is considered effective the earlier of the date the lessee, permittee, or concessionaire is in actual receipt of the written notice, or three days after mailing to the address the lessee, permittee, or concessionaire most recently provided to the department in writing. The department will allow the lessee, permittee, or concessionaire the time specified in this chapter for the specific type of lease, permit, or concession, the time specified in the lease, permit, or concession, or 30 days if no time is specified in this chapter or in the lease, permit, or concession, to correct the violation. However, if the department determines, under (d) of this section, that the violation constitutes an imminent threat to public health or safety, the department may require immediate correction. Provision of notice as described in this subsection to a permittee does not diminish the right of the department under (h) of this section to cancel a permit.(b) If a lessee, permittee, or concessionaire does not correct the violation by the time allowed in the notice, the department will(1) grant an extension of time to correct the violation for good cause shown by the lessee, permittee, or concessionaire;(2) take enforcement action as provided under the lease or as available by law; or(3) cancel the lease, permit, or concession.(c) Cancellation of a lease, permit, or concession by the department will be in writing and will state the reasons for the cancellation.(d) If the department determines that a violation creates an imminent threat to public health or safety, the department will(1) direct the lessee, permittee, or concessionaire to stop the activity immediately;(2) provide the lessee, permittee, or concessionaire less time than otherwise specified in the lease, permit, or concession to correct the violation; or(3) correct the violation.(e) If the department acts to correct a violation that constitutes an imminent threat to public health or safety as provided under (d) of this section, the lessee, permittee, or concessionaire shall reimburse the department for any cost, including legal fees and administrative costs, reasonably incurred by the department in acting to correct the violation.(f) A lessee, permittee, or concessionaire may protest the department's decision to enforce or cancel the lease, permit, or concession in accordance with 17 AAC 45.910.(g) This section applies to all leases, permits, and concessions granted by the department under this chapter, except (a) and (b) of this section do not apply to (1) an assigned-space aircraft parking permit issued under 17 AAC 45.500 - 17 AAC 45.590;(2) a transient aircraft fee parking permit issued under 17 AAC 45.600;(3) a first amendment activity permit issued under 17 AAC 45.800 - 17 AAC 45.810;(4) a commercial passenger vehicle permit issued under 17 AAC 45.095; or(5) a business activity permit issued under 17 AAC 45.110.(h) Except as otherwise provided in this chapter or in the permit, a permit issued after March 22, 2008 may be cancelled by the permittee, or by the department in the best interest of the state, for any reason not in violation of applicable law with 10 days' written notice to the other party.Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185Authority:AS 02.15.020
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