Rule 672-9-.04 - Airport License Issuance/Renewal/Revocation; Cease and Desist OrderA. An Airport License shall be renewed on a biennial basis and a biennial inspection will determine if the facility meets licensing requirements.B. An Airport License is not transferable with an Airport change of ownership.C. Grandfathered licensing provisions will not be transferred with an Airport change of ownership.D. New Airport ownership will contact the Department by written notification 30 days prior to ownership transfer.E. On or after July 1, 2010, the Airport License fee for an original License and each renewal thereafter will be one hundred dollars ($100.00) per runway up to a maximum of four hundred dollars ($400.00) per Airport for the biennial period.F. The owner of a licensed Airport shall prominently display the License at the Airport, or if there are no buildings at the Airport, at the place of business of the licensee.G. The Airport owner shall maintain a current listing of all based Aircraft and each Aircraft shall be listed by type and federal Aircraft registration number (the N-number). A copy of the Aircraft listing shall be provided to the Department upon request.H. The Airport owner is responsible for maintaining the facility in compliance with Department licensing standards throughout the biennial period. The runway, taxiway and Aircraft parking areas must conform to the minimum standards for licensing as established in Rule 672-9-.03 G.I. The Airport owner shall be notified by letter of any violations of the minimum standards set forth herein discovered during an Airport inspection. The noted violation(s) may result in the immediate suspension/revocation of the current operating License if the Department determines that the nature of the violation(s) causes a serious safety hazard for Aircraft operating to and from the Airport. If noted violations are considered to be of no immediate serious hazard, a period of 120 days will be authorized for corrective action. Failure to correct the noted violations within the authorized period may result in the revocation of the Airport License. If revoked, an Airport License may be reinstated if the Airport owner reapplies for and meets all qualifications for licensure, which shall include, but is not limited to, demonstrating to the Department's satisfaction that any previously unaddressed violations have been fully corrected.J. Airport Inspections and Enforcement:1. Inspections. An applicant for or a holder of an Airport License shall offer full cooperation to any representative of the Department inspecting the Airport or proposed Airport site.2. Enforcement. Applications for an Airport License or its renewal may be denied or a License may be revoked by the Department after notice and opportunity for a hearing is given to the licensee after the Department reasonably determines that: i. The licensee has failed to comply with the conditions of the License or renewal thereof.ii. The licensee has failed to comply with the minimum standards for the issuance of an Airport License as prescribed in the Department's Rules.iii. Because of changed physical or legal conditions or circumstances, the Airport has become either unsafe or unusable for the purposes for which the License or renewal was issued.3. Administrative Review. The decision of the Department to deny or revoke any License or renewal thereof shall be subject to review in the manner prescribed for the review of contested cases as prescribed by Chapter 13 of Title 50, the "Georgia Administrative Procedures Act."4. Unlicensed Airport Ownership or Operation. It shall be unlawful for any Person to own or operate an Airport without first obtaining and thereafter maintaining a License as required by O.C.G.A. § 32-9-8. i. Any Person owning or operating an Airport without a valid License shall be subject to the issuance of a cease and desist order by the Department in accordance with O.C.G.A. § 32-9-8(i). ii. Any Person violating the terms of a final cease and desist order shall be liable to the Department for a civil penalty not to exceed $1,000.00 per violation per day. In assessing a maximum per-day civil penalty pursuant to these rules, the Department shall take into consideration the gravity of the violation, the history of any previous violations by such Person, and any other such contributing factors or circumstances in mitigation or aggravation thereof. iii. Nothing set forth herein shall prevent the Department, in its discretion, from compromising or modifying any civil penalty imposed pursuant to O.C.G.A. § 32-9-8 or these rules. iv. Any Person assessed a civil penalty for violating the terms of a final cease and desist order shall have the right to request a hearing as provided for in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any such request for a hearing shall be made within ten days after written notification of the penalty's assessment has been served on the Person. If a hearing is not requested in a timely manner, the civil penalty assessed shall be final and subject to collection by the Department. v. All civil penalties assessed pursuant to O.C.G.A. § 32-9-8 and these rules shall be paid in full to the Department by certified check or money order within 30 days of their becoming final. All costs of collection including, but not limited to, interest, court costs, and attorney's fees, shall be recoverable by the Department against any Person whom the civil penalties have been assessed and are final but have not been timely paid. Ga. Comp. R. & Regs. R. 672-9-.04
O.C.G.A. §§ 32-2-2(b), 32-9-8, 50-13-4.
Original Rule entitled "Inspections and Enforcement" adopted. F. July 3, 1979; eff. July 23, 1979.Repealed: New Rule entitled "Airport License Issuance/Renewal/Revocation" adopted. F. Jul. 12, 2013; eff. Aug. 1, 2013.Amended: New title, "Airport License Issuance/Renewal/Revocation; Cease and Desist Order." F. Dec. 14, 2021; eff. Jan. 3, 2022.