Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-9 - RULES AND REGULATIONS FOR LICENSING OF CERTAIN OPEN-TO-THE-PUBLIC AIRPORTS › Rule 672-9-.04 - Airport License Issuance/Renewal/Revocation; Cease and Desist Order

Current through Rules and Regulations filed through June 27, 2024
A. 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.