reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.500 - Assigned-space aircraft parking designation

Current through May 31, 2024
(a) The
				commissioner will designate an airport for assigned-space aircraft parking if
				the commissioner determines in writing that the designation is in the best
				interest of the state. In making this determination, the commissioner will
				consider the applicable factors set out at
				17 AAC 45.900 and the following:
(1) the number of aircraft based at the
				airport, other than those based on leased premises, the demand for transient
				aircraft fee parking, and the amount of space available for assigned-space
				aircraft parking at the airport;
(2) the potential impact of assigned-space
				aircraft parking fees on airport users; and
(3) the department's estimate of the cost to
				implement the requirements of
				17 AAC 45.500 -
				17 AAC 45.590 at the airport
				compared to the potential revenue the department would receive for
				assigned-space aircraft parking at the airport.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.510 - Assigned-space use and fees

Current through May 31, 2024
(a) The department
				will limit the type, weight, use, or dimensions of aircraft authorized to use
				an assigned space at an airport when doing so is justified by the design,
				safety, maintenance, or operation of the space, the parking area, or the
				airport.
(b) A person may park only
				one aircraft at a time in an assigned space on an airport and only an aircraft
				listed on the assigned-space permit issued for that space under
				17 AAC 45.520. A person is
				eligible to receive an assigned-space permit from the department only if
(1) the person owns or leases at least a
				one-third interest in each aircraft listed on the permit;
(2) each aircraft listed on the permit is
				airworthy;
(3) the person has
				submitted to the department a completed application that satisfies all
				requirements for approvals under
				17 AAC 45.520; and
(4) the person timely pays
(A) for a long-term permit, the first six
				months' space rent, and any electrical access surcharge required under (p) of
				this section; or
(B) for a
				short-term permit, the first three months' space rent and any electrical access
				surcharge required under (p) of this section.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.520 - Assigned-space permit application

Current through May 31, 2024
(a) To obtain a
				permit for an assigned space, a person must submit an application to the
				department. A person may not submit an application for an assigned space for an
				aircraft that is already listed on an assigned-space permit or on an
				application for a different permit unless the application identifies the other
				permit or application and states the applicant's intent to relinquish the other
				permit or withdraw the other application upon issuance of the new permit. The
				application must be on a form provided by the department and include
(1) the applicant's name, mailing address,
				and if available, telephone and facsimile numbers and electronic-mail
				address;
(2) a copy of the current
				aircraft registration and a statement of the dimensions of each aircraft that
				the applicant intends to park in the assigned space;
(3) a statement of the interest that the
				applicant owns or leases in each aircraft identified under (2) of this
				subsection, together with the name of and interest held by all other persons
				who own or lease an interest in that aircraft;
(4) a copy of the lease if the applicant
				leases the aircraft;
(5) a
				statement that each aircraft identified in (2) of this subsection is
				airworthy;
(6) a list of each
				alternate assigned space for which the applicant requests consideration, in
				order of the applicant's preference;
(7) a statement as to whether the space is to
				be used in whole or in part in a commercial aviation business or strictly for
				noncommercial purposes;
(8) if the
				space will be used in whole or in part in a commercial aviation business, a
				description of the applicant's business and a copy of the applicant's Alaska
				business license;
(9) a
				non-refundable $35 application fee; and
(10) a statement as to whether the
				application is for a short-term permit or long-term permit.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.530 - Assigned-space permit

Current through May 31, 2024
(a) The term of a long-term assigned-space
				permit at an airport is five years unless the department determines that the
				space may be needed for airport development within that period or that a
				shorter term is otherwise in the best interest of the state. The term of a
				short-term assigned-space permit is one year or less.
(b) In addition to the requirements and
				conditions stated in
				17 AAC 45.510, the following
				requirements and conditions apply to assigned-space permits:
(1) the permittee may park on the assigned
				space only an aircraft identified in the permit;
(2) within 90 days after the effective date
				of a long-term permit, or 45 days after the effective date of a short-term
				permit, the permittee must begin parking an aircraft identified in the permit
				on the assigned space;
(3) if the
				department requires access to a permittee's assigned space for construction,
				repair, or other purposes, the department may temporarily assign an alternate
				space to the permittee for the duration of the department's need for the space,
				subject to the following:
(A) except in the
				case of an emergency, the department will give the permittee at least 10 days
				written notice of the temporary assignment;
(B) during the temporary assignment period,
				the permittee shall pay rent for the temporary space only, at the rate
				applicable to either the temporary space or the permittee's assigned space,
				whichever is less;
(4) a
				permittee who has a permit that authorizes use of an assigned space to park an
				aircraft used in a commercial aviation business may also use the space for
				noncommercial purposes;
(5) the
				department is not obligated to perform snow removal or other maintenance or
				repair in an assigned space;
(6) a
				permittee may not transfer, assign, sublet, or loan an assigned space to
				another person;
(7) as between the
				department and the permittee, the permittee assumes sole responsibility for the
				care and protection of the permittee's aircraft parked on the assigned
				space;
(8) upon written request by
				the department at any time during the term of the permit, the permittee shall
				submit to the department additional information requested by the department to
				support the permittee's compliance with the applicable requirements of
				17 AAC 45.500 -
				17 AAC 45.590;
(9) a permittee must notify the department of
				any change in mailing address, telephone or facsimile number, or
				electronic-mail address.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.540 - Cancellation of an assigned-space permit

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.550 - Assigned-space permit lottery

Current through May 31, 2024
(a) The department
				will award by lottery initial permits for a category of assigned space at an
				airport if
(1) when designating an airport for
				assigned-space aircraft parking under
				17 AAC 45.500, the commissioner
				determines that the demand for assigned space in that category at the airport
				exceeds the space available for that category; or
(2) the number of applications received by
				the department for assigned space in that category in response to the public
				notice given under
				17 AAC 45.500 exceeds the number
				of spaces available for that category.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.560 - Assigned-space switch list

Current through May 31, 2024
(a) For each
				airport designated for assigned-space aircraft parking, the department will
				establish and maintain a switch list by which a permittee may have an
				opportunity to receive reassignment to a different assigned space in the same
				category. Each switch list will be maintained in chronological order according
				to the date the department receives each written switch request under (b) of
				this section for that category of assigned space. Each switch list is a public
				record and will include
(1) each requesting
				permittee's
(A) name;
(B) mailing address;
(C) if available, telephone and facsimile
				numbers and electronic-mail address; and
(D) currently assigned space and the category
				of space and list or description of spaces to which the permittee would accept
				reassignment; and
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.580 - Birchwood airport transitional compliance requirements

Current through May 31, 2024
The Birchwood Airport is designated for assigned-space
				  aircraft parking. The provisions of
				  17 AAC 45.500(a)
				  - (c) do not apply to the Birchwood Airport.
Authority:
AS
					 02.15.020
AS 02.15.060
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 5 - Assigned-Space Aircraft Parking › 17 AAC 45.590 - Definitions

Current through May 31, 2024
In
				  17 AAC 45.500 -
				  17 AAC 45.590, unless the context
				  otherwise requires,
(1) "long-term"
				means a term more than one year;
(2) "noncommercial purpose" means the use of
				an assigned space to park an aircraft that is flown only for purposes other
				than commercial aviation business;
(3) "short-term" means a term of one year or
				less;
(4) "tail-in" means a type of
				assigned space into which the aircraft must be backed, tail first;
(5) "taxi-through" means a type of assigned
				space configured to allow an aircraft to be moved into and out of the parking
				position under its own power.
Authority:
AS
					 02.15.020
AS 02.15.060
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 6 - Transient and Open Aircraft Parking › 17 AAC 45.600 - Transient aircraft fee parking

Current through May 31, 2024
(a) The
				commissioner will designate a portion of an airport for transient aircraft fee
				parking on a temporary, seasonal, or year-round basis if the commissioner
				determines in writing that it is in the best interest of the state to do so
				considering the applicable factors set out in
				17 AAC 45.900 and
(1) the volume of transient aircraft traffic
				at the airport and the amount of space available for the parking of transient
				aircraft;
(2) the potential impact
				of transient aircraft parking fees on airport users;
(3) the estimated cost of implementing the
				requirements of this section at the airport as compared to the potential
				revenue the department would receive; and
(4) the parking services for transient
				aircraft that are, or could be, provided by lessees at the airport and the
				potential impact implementation of transient aircraft fee parking by the
				department would have on those lessees.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 6 - Transient and Open Aircraft Parking › 17 AAC 45.610 - Open aircraft parking

Current through May 31, 2024
(a) This section applies to use of an area
				that the department has designated for aircraft parking on an airport at which
				the department has not designated an area for assigned-space aircraft parking
				under 17 AAC 45.500 -
				17 AAC 45.590 or transient
				aircraft fee parking under
				17 AAC 45.600.
(b) The department will limit the type,
				weight, use, or dimensions of aircraft that may be parked in an open parking
				area if the department determines the limitation is appropriate for the design,
				safety, maintenance, or operation of the open parking area or the
				airport.
(c) Space in an open
				parking area is available for aircraft parking when the space is not occupied
				by another aircraft.
(d) An open
				parking area may not be used for parking an aircraft that is not airworthy
				unless the pilot, owner, or other person responsible for the aircraft is making
				reasonable efforts to restore the aircraft to an airworthy condition or to
				remove it.
(e) If the airport
				manager determines that an aircraft that is not airworthy is parked in an open
				parking area in violation of (d) of this section or that there is insufficient
				open parking area at the airport for parking of other aircraft and that an
				alternative private or public area is available at the airport for an aircraft
				under repair, the department will or the airport manager shall mail or hand
				deliver to the pilot, owner, or other person responsible for the aircraft, or
				post on the aircraft, a written notice of the violation or order to move the
				aircraft. The notice or order shall state that, if the aircraft is not removed
				from the open parking area or restored to an airworthy condition in a period
				ending not less than 14 days after the date of the notice, the department may
				impound the aircraft under
				17 AAC 45.115.
(f) A person may use an open parking area
				only to park, fuel, maintain, load, and unload aircraft, unless the airport
				manager authorizes the person also to fuel, maintain, or repair an aircraft or
				temporarily to park a vehicle or equipment on the area in connection with use
				or servicing of an aircraft. An open parking area may not be used to store
				fuel, equipment, or cargo or to park an unattended vehicle.
(g) An aircraft, vehicle, or other personal
				property parked, placed, or left in an open parking area in violation of this
				section is subject to impoundment by the department under
				17 AAC 45.115.
(h) The airport manager may restrict
				pedestrian and vehicular access to an open parking area if the department
				determines that the restriction is necessary for the safety or security of the
				airport.
Authority:
AS
					 02.15.020
AS 02.15.060
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 7 - Airport Closure; Disposal of State-Owned Airport Property › 17 AAC 45.700 - Airport abandonment or closure

Current through May 31, 2024
(a) The
				commissioner will order the abandonment or the temporary or permanent closure
				of an airport to aircraft operations if the commissioner finds that it is in
				the best interest of the state to do so, considering
(1) safety to aircraft and the traveling
				public;
(2) construction or other
				development activities at or near the airport;
(3) the nature and extent of use of the
				airport;
(4) the cost to maintain
				the airport;
(5) the need for and
				cost of repairs or other improvements at the airport;
(6) any applicable Airport Sponsor
				Assurances, as identified in
				17 AAC 45.010(e);
				and
(7) any other factor that the
				commissioner determines may be relevant under the circumstances.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 7 - Airport Closure; Disposal of State-Owned Airport Property › 17 AAC 45.710 - Disposal of state-owned buildings or abandoned personal property on an airport

Current through May 31, 2024
(a) The department will dispose of a
				state-owned building on an airport or an item of personal property abandoned
				under 17 AAC 45.115 or abandoned on a
				premises on an airport after the lease, permit, or concession expires or
				terminates if the commissioner determines in writing that
(1) the department does not need the building
				or personal property for any airport-related purpose;
(2) the department is legally entitled to
				dispose of the building or personal property; and
(3) disposal of the building or personal
				property is in the best interest of the state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 8 - First Amendment Activity at Rural Airports › 17 AAC 45.800 - Purpose

Current through May 31, 2024
(a) The purpose of
				17 AAC 45.800 -
				17 AAC 45.810 is to regulate the
				conduct of first amendment activity at an airport, but to avoid any inference
				of intended or inadvertent designation of any part of an airport as a public
				forum.
(b) A first amendment
				activity on an airport must not interfere with the primary transportation
				function of an airport facility or with the ability of the department to carry
				out the following objectives:
(1) ensure that
				passengers, airport employees, lessees, permittees, concessionaires, and the
				public can use an airport facility safely, conveniently, and
				efficiently;
(2) prevent
				interference with the rights of passengers to have unobstructed access to
				public areas of an airport facility and to avoid undue delay in passage within
				and between facilities;
(3) reduce
				opportunities for a traveler, and particularly a traveler unfamiliar with the
				currency or customs of the United States, to be deceived or improperly
				restrained by any individual or group at an airport facility;
(4) prevent interference with emergency,
				anti-hijack, and other security procedures at an airport;
(5) avoid impairment of the financial
				self-sustainability of the airport.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 8 - First Amendment Activity at Rural Airports › 17 AAC 45.810 - Conduct of first amendment activity on an airport

Current through May 31, 2024
(a) A person who
				conducts a first amendment activity on an airport must abide by the provisions
				of this section.
(b) To ensure that
				a first amendment activity on an airport is conducted in a manner consistent
				with the considerations set out at
				17 AAC 45.800(b),
				the department may
(1) place reasonable
				restrictions on time, place, number of participants, and manner of exercise of
				a first amendment activity; and
(2)
				as is necessary for the proper functioning of the airport, require a person
				conducting a first amendment activity to relocate the activity from one area on
				the airport to another upon reasonable notice to the person.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 9 - Miscellaneous Provisions › 17 AAC 45.910 - Protest

Current through May 31, 2024
(a) Except as expressly excluded in this
				subsection, a person with a legally recognized right or interest that is
				adversely affected by a decision of an airport manager or the department under
				this chapter may seek review of that decision only by filing a protest with the
				department under this section. This section does not apply to a rent adjustment
				under 17 AAC 45.295 or to a decision to
				reject a rent adjustment protest under
				17 AAC 45.297. With respect to a
				notice of an intent to award under
				17 AAC 45.300 -
				17 AAC 45.399, a person who has
				not submitted a timely bid, proposal, or competing application relating to the
				subject of the notice does not have a legally recognized right or interest for
				purposes of this section. With respect to any other decision on an action
				proposed in a public notice under
				17 AAC 45.400, a person who has
				not submitted timely written comment, objection, or application relating to the
				action proposed in the notice does not have a legally recognized right or
				interest for purposes of this section.
(b) Except as provided under (c) of this
				section, a person protesting a decision of the department must deliver a
				protest in compliance with (d) of this section so the department receives it
				within 30 calendar days after
(1) the earliest
				date that the airport manager or the department mailed or delivered the
				decision being protested to the protester; or
(2) if the decision is not in writing, the
				earliest date that the airport manager or the department orally communicated
				the decision to the protester or announced the decision publicly under
				17 AAC 45.342(a).
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 9 - Miscellaneous Provisions › 17 AAC 45.920 - Appeal

Current through May 31, 2024
(a) This section applies to an appeal of a
				decision made by the department on a protest under
				17 AAC 45.297 or
				17 AAC 45.910. A decision subject
				to appeal under this section is subject to review only as provided under this
				section.
(b) Except as provided
				under (c) of this section, the commissioner must receive an appeal within 30
				calendar days after
(1) the earliest date that
				the department mailed or delivered the decision being appealed to the appellant
				or the appellant's representative;
(2) the date that the department orally
				conveyed the decision to the appellant or the appellant's representative, if
				the department did not put the decision in writing; or
(3) the date the department's decision on the
				protest was due, if the department has not mailed, delivered, or orally
				conveyed a decision on the protest to the appellant or the appellant's
				representative by that date.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 9 - Miscellaneous Provisions › 17 AAC 45.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
				  otherwise,
(1) "air carrier" means a
				person engaged in the transportation of passengers or cargo in air commerce for
				compensation;
(2) "air freight
				forwarding" means
(A) accepting or
				consolidating goods or property for delivery to an air carrier for transport as
				cargo; and
(B) receiving cargo from
				an air carrier for surface delivery to or pick-up by the cargo
				consignee;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 50 - Buildings › 17 AAC 50.010 - Construction of public buildings accessible to persons with physically disability

Current through May 31, 2024
A person, department, or agency responsible for the
				construction of a public building or facility by or for the state (including
				the University of Alaska) or its political subdivisions shall assure that the
				public building or facility is accessible to and usable by persons with
				physically disabilities. As the standard to meet this requirement, the
				Department of Transportation and Public Facilities adopts by reference and
				makes a part of this chapter of the Alaska Administrative Code the
American National Standard Specifications for Making Buildings and
				Facilities Accessible to and Usable by Physically Handicapped
				People,
approved March 3, 1980 by the American Standards Association,
				Incorporated under the sponsorship of the National Society for Crippled
				Children and Adults and the President's Committee for Employment of the
				Physically Handicapped and the Department of Transportation and Public
				Facilities' associated amendments dated December 12, 1980.
Copies of the American National Specifications for Making
				  Buildings and Facilities Accessible to and Usable by Physically Handicapped
				  People (ANSI A117.1-1980) and DOT/PF associated amendments are available from
				  the Department of Transportation and Public Facilities, P.O. Box 6900,
				  Anchorage, Alaska 99502.
With Register 179, October 2006 and under the authority of
				  AS
				  44.62.125, the regulations attorney changed
				  obsolete terminology concerning persons with disabilities in conformity with
				  ch. 25, SLA 2006.
Authority:
AS
				  35.10.015
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 55 - Local Control of State Public Works Projects › 17 AAC 55.010 - Application by municipality for local control of public works

Current through May 31, 2024
(a) If the
			 governing body of a municipality wishes to exercise its right under
			 AS
			 35.15.080 to request the assumption of any of
			 the department's planning, design, and construction responsibilities for a
			 public works project located within its boundaries, the governing body must
			 submit a letter of intent not more than 90 days after the effective date of the
			 appropriation funding the project, or within 30 days after a request by the
			 department that a municipality assume any portion of the department's
			 responsibilities for the planning, design, or construction of a public works
			 project. The department will, in its discretion, consider late requests if it
			 determines that granting the request would not substantially delay the project
			 or add to its cost.
(b) The
			 department will, in its discretion, require that the governing body's request
			 be supplemented to include a completed application, on a form prescribed by the
			 department, containing sufficient information to enable the department to
			 determine which project responsibilities the municipality proposes to assume,
			 whether the request is consistent with the legislative intent of the
			 appropriation, how much money the request will entail, and any other
			 information that may enhance the timely processing of the request and aid in
			 the determination that the transfer of responsibility is practical and in the
			 best interest of the state.
Authority:
AS
				  35.15.080
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 55 - Local Control of State Public Works Projects › 17 AAC 55.020 - Agreements for local control of state public works projects

Current through May 31, 2024
(a) If the
			 department transfers any of its planning, design, and construction
			 responsibilities to a municipality, the department will, and the municipality
			 shall, enter into a transfer of responsibilities agreement. This agreement
			 defines the conditions governing the transfer of responsibilities and must
			 provide that
(1) the municipality, and any
			 contractor engaged by the municipality, shall comply with the provisions of any
			 affirmative action plan applicable to the project, AS 35, AS 36,
			 AS
			 44.27.060, 17 AAC and any other statutes or
			 regulations governing the department's legal responsibilities in constructing
			 public works;
(2) the municipality
			 shall indemnify, defend, and hold harmless the state, its officers, agents,
			 employees, and contractors for any claims or suits arising out of any local
			 assumption of planning, design, and construction responsibilities;
			 and
(3) the municipality shall
			 coordinate all regulatory agency reviews and obtain all necessary written
			 approvals from regulatory agencies.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 55 - Local Control of State Public Works Projects › 17 AAC 55.030 - Selection of design and construction contractors

Current through May 31, 2024
(a) If a
			 municipality determines that it is necessary to engage the services of a
			 private consultant to design a public works project under an agreement, the
			 selection of the consultant must be accomplished under procedures that comply
			 with AS 36.98 and 17 AAC 07.010 - 17 AAC 07.900.
(b) The construction of a public works
			 project under an agreement by a municipality must be performed under bid
			 contract in accordance with
			 AS
			 35.15.010. However, if the estimated cost of
			 the construction portion of the project is less than $100,000, or if it appears
			 to be in the best interests of the state, the municipality may with the prior
			 approval of the commissioner, construct the public works project itself using
			 its own employees.
(c) The
			 municipality shall provide a procedure for administrative review of complaints
			 filed by aggrieved bidders for construction contracts which provides for
(1) an appeal within five days after the
			 award;
(2) a hearing with notice to
			 all interested parties; and
(3) a
			 redetermination and final award in accordance with law.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 55 - Local Control of State Public Works Projects › 17 AAC 55.040 - Payments to the municipality

Current through May 31, 2024
(a) If a
			 municipality has assumed partial or complete control of a public works project,
			 the department will, in its discretion, require the municipality to submit
			 certification of amounts and vouchers indicating payments of expenditures
			 before the department will transfer money to the municipality from the special
			 account established for the project under
			 AS
			 35.15.090. Any transfer of money is subject
			 to audit. Alternatively, the department will, in its discretion, establish a
			 schedule under which a specified percentage of the total project appropriation
			 will be transferred to the municipality for each phase of the project. The
			 agreement will identify which method of payment will be used. If the schedule
			 method is used, the agreement will also specify what percentage will be
			 allocated to each phase and when the fund transfers will be made.
(b) If project design documents submitted by
			 the municipality conflict substantially with the project as it is described in
			 the agreement, the municipality will be notified that further payments of
			 project money will not be made until the conflicting areas are
			 corrected.
(c) If status or
			 expenditure reports submitted by the municipality indicate that the project is
			 not on schedule, the department will, in its discretion, decline to adhere to
			 any payment schedule set out in the agreement under (a) of this section, and
			 will, in its discretion, withhold the periodic payments until they are actually
			 needed by the municipality.
(d) The
			 department will, in its discretion, withhold a portion of the total project
			 appropriation, not to exceed five percent, until the audit of the project is
			 complete. The agreement will specify what percentage of the appropriation, if
			 any, will be withheld.
Authority:
AS
				  35.15.080
AS 35.15.090
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 55 - Local Control of State Public Works Projects › 17 AAC 55.050 - Termination of local control agreement by department for cause

Current through May 31, 2024
(a) If a
			 municipality that has assumed control of a public works project under
			 AS
			 35.15.080 is in substantial violation of an
			 agreement executed under
			 17 AAC 55.020, or if the
			 municipality has failed to fulfill its responsibilities under the agreement in
			 a proper and timely manner, the department will, in its discretion, notify the
			 municipality of the violation or failure. If the municipality fails to correct
			 the violation within a reasonable time, or to offer assurance satisfactory to
			 the department that the violation or failure will be remedied or the work
			 defects cured, the department will, in its discretion, terminate the agreement
			 and assume control of the project. The department will give written notice to
			 the municipality at least 15 days before the effective date of termination, and
			 will state the reasons for the termination. The municipality may appeal the
			 department's decision to the commissioner within 10 days. Pending the
			 commissioner's decision, no work may proceed on the project. The commissioner's
			 decision is final.
(b) If an
			 agreement is terminated for cause under this section, the department will
			 compensate the municipality for satisfactory work on the project to the extent
			 that the municipality has not been compensated. However, the municipality is
			 not relieved of any liability to the department for damages caused by the
			 contract breach, and the department will, in its discretion, withhold
			 compensation due under this subsection until the amount of damages owing to the
			 department can be determined and deducted against the department's
			 obligations.
(c) The department
			 will, in its discretion, waive the requirements of this section in an agreement
			 if the municipality must sell revenue bonds to provide money for construction
			 of a public works project as proposed in that agreement.
Authority:
AS
				  35.15.080
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 55 - Local Control of State Public Works Projects › 17 AAC 55.060 - Termination of local control agreement by department for convenience of state

Current through May 31, 2024
(a) The department will, in its discretion,
			 at any time, terminate an agreement executed under
			 17 AAC 55.020 and assume control
			 of the project itself, if the department determines that termination is in the
			 best interests of the state. The department will give written notice to the
			 municipality of its decision to terminate the agreement not less than 15 days
			 before the effective date of termination. The written notice will include a
			 statement of why the decision to terminate was made.
(b) If an agreement is terminated for the
			 convenience of the state under this section, the department will reimburse the
			 municipality for that portion of its expenses which was not otherwise
			 reimbursed under the agreement, and which is directly attributable to
			 performance under the agreement. The department will also reimburse the
			 municipality for any costs properly incurred by the municipality in honoring
			 convenience termination clauses in its agreements with its contractors, as long
			 as those clauses conform to the standard convenience termination clause used by
			 the state for similar type contracts.
(c) The department will, in its discretion,
			 waive the requirements of this section in an agreement if the municipality must
			 sell revenue bonds to provide money for construction of a public works project
			 as proposed in that agreement.
Authority:
AS
				  35.15.080
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 55 - Local Control of State Public Works Projects › 17 AAC 55.070 - Inspection, audit, and maintenance

Current through May 31, 2024
(a) If the
			 department transfers control of a public works project to a municipality by an
			 agreement executed under
			 17 AAC 55.020, the department will
			 evaluate the project upon completion, to determine the project's compliance
			 with that agreement. As part of this evaluation, the department will, in its
			 discretion, require the municipality to furnish it with "as-built" drawings, a
			 statement by the responsible local official certifying that the project was
			 constructed according to these drawings, and a certified expenditure report. If
			 the evaluation discloses non-compliance with the agreement, the municipality,
			 as directed by the department, shall make, at its own expense, any changes
			 necessary to bring the project into compliance.
(b) The department will, in its discretion,
			 perform an audit of a project transferred to local control at any time during
			 the life of the project, or within three years after the project's acceptance
			 by the department. The audit will be preceded by written notice to the
			 municipality. If the audit or review of the certified expenditure report turns
			 up discrepancies or unauthorized activity or expenditures, the municipality
			 shall reimburse amounts attributable to the unauthorized activity or
			 expenditures.
(c) The department
			 will, in its discretion, require the municipality to provide for an independent
			 third-party audit of the project, and provide the audit report to the state.
			 The cost of any third-party audit required by the department is a valid charge
			 against the project. If the audit report discloses discrepancies or
			 unauthorized activity or expenditures, the municipality shall reimburse the
			 state for the amounts attributable to the unauthorized activity or
			 expenditures.
(d) Maintenance and
			 operation of a completed public works project constructed by the municipality
			 under an agreement will be determined on a case-by-case basis, and the
			 agreement will specify which party is to be responsible for its maintenance and
			 operation.
Authority:
AS
				  35.15.080
AS 35.15.090
AS 35.15.110
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 55 - Local Control of State Public Works Projects › 17 AAC 55.900 - Definitions

Current through May 31, 2024
(a) As used in this chapter,
(1) "agreement" means a contract executed
			 between the Department of Transportation and Public Facilities and a
			 municipality established under AS 29, by which the department agrees to
			 transfer to the municipality part or all of its duties to plan, design, or
			 construct a specific public works project;
(2) "commissioner" means the commissioner of
			 the Department of Transportation and Public Facilities;
(3) "department" means the Department of
			 Transportation and Public Facilities;
(4) "municipality" means a municipality
			 established under AS 29 which has the necessary power and authority to plan,
			 design, and construct public works.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 60 - Highway Signs for the Traveling Public › Article 1 - Tourist-Oriented Directional Signs › 17 AAC 60.001 - Purpose of TODS program

Current through May 31, 2024
The purpose of the tourist-oriented directional sign (TODS)
				  program is to provide a tourist-oriented activity located near a rural highway
				  with an opportunity to install within the highway right of way a sign that
				  contains the name of the activity and directs the traveling public to the
				  activity.
Authority:
AS
					 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.25.105
AS
					 19.25.200
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 60 - Highway Signs for the Traveling Public › Article 1 - Tourist-Oriented Directional Signs › 17 AAC 60.005 - TODS application procedure

Current through May 31, 2024
(a) A person who
				operates a tourist-oriented activity may apply to the department for a TODS
				permit by completing a TODS permit application. The applicant shall submit the
				application to the department representative specified on the application along
				with a nonrefundable $100 application fee.
(b) The department will review the
				application submitted under (a) of this section. Not later than 30 days after
				the date the completed application was received by the department
				representative, the department will send a written review decision to the
				applicant. If the department approves a TODS permit application under
				17 AAC 60.010, the written review
				decision will request from the applicant a nonrefundable TODS permit fee of
				$400. However, if the applicant currently holds a TODS permit for the TODS and
				is seeking renewal of the permit, the nonrefundable TODS permit fee is $300.
				Upon receipt of the permit fee, the department will issue the permit and send
				it to the applicant.
A TODS permit application may be obtained by writing
					 Commissioner, Department of Transportation and Public Facilities, 3132 Channel
					 Drive, Juneau AK 99801.
Authority:
AS
					 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.25.105
AS
					 19.25.200
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 60 - Highway Signs for the Traveling Public › Article 1 - Tourist-Oriented Directional Signs › 17 AAC 60.010 - Review of TODS permit applications

Current through May 31, 2024
The department will approve a TODS permit application
				  if
(1) the applicant's
				tourist-oriented activity derives at least 25 percent of its gross receipts, if
				any, from visiting motorists who reside more than 20 miles from the location of
				the tourist-oriented activity;
(2)
				the applicant's tourist-oriented activity complies with
				AS
				19.25.105 and this chapter;
(3) the applicant maintains the necessary
				licenses for the tourist-oriented activity;
(4) the applicant's tourist-oriented activity
				is not located more than 25 miles from the highway for which a TODS permit is
				requested, except the activity of an applicant who requests a gas or restaurant
				TODS permit must not be located more than three miles from the highway for
				which the TODS permit is requested;
(5) the applicant's tourist-oriented activity
				or the location of the driveway or intersecting road are not located within the
				urban portion of an organized borough that exceeds 2,500 permanent
				residents;
(6) neither the
				applicant's tourist-oriented activity nor an advertising sign for the activity
				are visible to a motorist traveling the highway until the motorist is within
				1250 feet of the driveway or intersecting road;
(7) the TODS may be placed at the proposed
				location in a manner consistent with the standards set out in the documents
				described in
				17 AAC 60.915(b);
(8) the proposed location has fewer than six
				current TODS permits; and
(9) the
				proposed sign location has not been designated a traveler information kiosk
				location under
				17 AAC 60.405(a).
Authority:
AS
					 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.25.105
AS 19.25.200
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 60 - Highway Signs for the Traveling Public › Article 1 - Tourist-Oriented Directional Signs › 17 AAC 60.015 - TODS placement limitations

Current through May 31, 2024
(a) A TODS may not
				be placed at the following junctions:
(1)
				Sterling Highway at Kenai Spur;
(2)
				Sterling Highway at Seward Highway;
(3) Parks Highway at Glenn Highway;
(4) Parks Highway at Palmer-Wasilla
				Highway;
(5) Parks Highway at
				Seward Meridian;
(6) Glenn Highway
				at Palmer-Wasilla Highway;
(7)
				Glenn Highway at Richardson Highway;
(8) Richardson Highway at Tok Cutoff
				Highway;
(9) Richardson Highway at
				Alaska Highway;
(10) Alaska Highway
				at Tok Cutoff Highway.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 60 - Highway Signs for the Traveling Public › Article 1 - Tourist-Oriented Directional Signs › 17 AAC 60.020 - Multiple TODS on a single set of posts

Current through May 31, 2024
Up to three TODS may share a set of sign posts. If two or
				  three TODS share a set of sign posts, the TODS permit holders shall share the
				  expense of maintaining the posts.
Authority:
AS
					 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.25.105
AS
					 19.25.200
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 60 - Highway Signs for the Traveling Public › Article 2 - Logo Signs › 17 AAC 60.101 - Purpose of logo sign program

Current through May 31, 2024
The purpose of the logo sign program is to provide a gas
				  station, restaurant, lodging facility, or campground with an opportunity to
				  install within the highway right of way a logo that reflects the identity of
				  the activity and directs the traveling public to the
				  activity.
Authority:
AS
					 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.25.105
AS
					 19.25.200
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 60 - Highway Signs for the Traveling Public › Article 2 - Logo Signs › 17 AAC 60.105 - Logo sign application procedure

Current through May 31, 2024
(a) A person who
				operates a specific service activity may apply to the department for a logo
				sign permit by completing a logo sign permit application. The applicant shall
				submit the application to the department representative specified on the
				application along with a
(1) nonrefundable
				$100 application fee; and
(2) color
				image of the logo that the applicant wishes to include on the logo
				sign.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 60 - Highway Signs for the Traveling Public › Article 2 - Logo Signs › 17 AAC 60.110 - Review of logo sign permit applications

Current through May 31, 2024
The department will approve a logo sign permit application
				  if
(1) the applicant's specific
				service activity complies with
				AS
				19.25.105 and this chapter;
(2) the applicant maintains the necessary
				licenses for the specific services activity;
(3) the applicant's specific service activity
				is not located more than 25 miles from the highway for which a logo sign permit
				is requested, except the activity of an applicant who requests a gas or
				restaurant logo sign permit must not be located more than three miles from the
				highway for which the logo sign permit is requested;
(4) neither the applicant's specific service
				activity nor an advertising sign for the activity are visible to a motorist
				traveling the highway until the motorist is within 1250 feet of the driveway or
				intersecting road;
(5) the logo
				sign may be placed at the proposed location in a manner consistent with the
				standards set out in the documents described in
				17 AAC 60.915(b);
(6) the proposed logo sign location has space
				for the logo under
				17 AAC 60.115 and
				17 AAC 60.120; and
(7) the proposed sign location has not been
				designated as a tourist information kiosk location under
				17 AAC 60.405(a).
Authority:
AS
					 19.05.010
AS 19.05.020
AS 19.05.040
AS 19.25.105
AS
					 19.25.200