Commissioner Kraft, voicing concern over the dual approval called for in the regulations, suggested the Commission have final say over matters in dispute. Emphasizing the good relationship between the MAC and the department, Commissioner Rosine responded that the appointment of the director in the dual approval process would provide added assurance to the public. The Chair called on Legal Counsel Isom for comment. Mr. Isom pointed out that the powers under the Aeronautics Code were divided between the Aeronautics Commission and the Department of Transportation by a 1973 Executive Order issued by then Governor Milliken. Since 1973, the statutes have been amended.
Ambiguity now exists in some areas of the code as to who has decision-making authority.
By providing dual approval, the Commission is insulated from legal challenges that the wrong entity made the decision. Asked for comment, Commissioner Gordon indicated that a division of authority exists between the Department of Natural Resources and the Natural Resources Commission. The Chair called for a vote on the motion for adoption of the proposed regulations. Commissioner Rosine reminded the Commissioners that the process is still in the beginning stages of the rule adoption process. The Chairman called on Rick Hammond, Airports Division, to present the next item under consideration.