Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 15 - LEASING FOR AERONAUTICAL ACTIVITIES AT STATE-OWNED AIRPORTS › Section 738-015-0015 - ODA Review of Application for Commercial Aeronautical Lease

Current through Register Vol. 63, No. 7, July 1, 2024
(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.