738-015-0015 ODA Review of Application for Commercial Aeronautical Lease (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. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2004, f. & cert. ef. 2-17-04 AVIA 1-2002, f. & cert. ef. 9-3-02