17 Alaska Admin. Code § 45.540

Current through May 31, 2024
Section 17 AAC 45.540 - Cancellation of an assigned-space permit
(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 cancel an assigned-space permit if, 30 days after the department mails or delivers written notice of noncompliance to the long-term permittee, or 10 days after the department mails or delivers written notice of noncompliance to the short-term permittee, the permittee has failed to pay the required rent for the space and any applicable electrical access fee when the rent is due as provided in 17 AAC 45.510 or has otherwise failed to comply with an applicable requirement of 17 AAC 45.500 - 17 AAC 45.590 or the terms of the permit.
(c) The department may cancel an assigned-space permit for any reason not in violation of the law
(1) 45 days after the department mails or delivers written notice of the department's intent to cancel to a short-term permittee;
(2) 90 days after the department mails or delivers written notice of the department's intent to cancel to the long-term permittee; or
(3) after as much notice as may be practical under the circumstances if the department determines that the space is needed on an emergency basis.
(d) After cancellation of an assigned-space permit, the department will determine the rent payable for the space to the date the permittee relinquishes and vacates the space under 17 AAC 45.530(h). The department will refund any excess rent paid by the permittee after deducting
(1) any amount owed to the department by the permittee under a contract with the department; and
(2) the amount applicable to any remainder of the first three months of a short-term permit or the first six months of a long-term permit.
(e) An assigned-space permittee may protest the department's cancellation of a permit under this section in accordance with 17 AAC 45.910.

17 AAC 45.540

Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.090