Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0075 - ODA Review of Application for Non-Commercial Aeronautical Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall review the application for lease for non-commercial
			 aeronautical activities at a State-owned airport, as well as the financial
			 responsibility documentation, and determine whether to approve or deny the
			 application. The decision shall be made in writing to the prospective
			 Lessee.
(2) The Department may deny
			 any prospective Lessee's application if it is determined that:
(a) The proposed construction would create a
			 safety hazard at the airport or the surrounding community;
(b) The prospective Lessee, for any reason,
			 does not meet the qualifications, standards, and requirements of the Department
			 or exhibit adequate financial responsibility or capability to undertake and
			 complete the proposed construction (the burden of proof shall be on the
			 applicant and the standard of proof shall be by clear and convincing
			 evidence);
(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, or
			 will result in a financial loss (or hardship) for the airport;
(d) No appropriate, adequate, or available
			 site or building(s) exist(s) to accommodate the needs of the prospective Lessee
			 as presented in the lease application, nor is such contemplated within a
			 reasonable time frame;
(e) The
			 proposed development does not comply with the Airport Master Plan and/or
			 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 on the airport, and/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 the
			 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 in the performance of any other agreement
			 with the State;
(j) The prospective
			 Lessee cannot or will not provide a performance bond or applicable insurance in
			 the amounts and type required by the Department for the proposed development;
			 or
(k) It is determined that the
			 prospective Lessee's proposed development, activities and/or operations could
			 be detrimental in any way whatsoever to the airport.