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<br />business on the Airport or to use any area of the Airport. <br /> <br />9.5 Action on Application. Unless denied by inaction, the Airport Man- <br />ager shall issue a written decision on the application. The application <br />shall be allowed only upon execution of a permit or lease on a form and con- <br />taining provisions acceptable to the City. The decision of the Airport <br />Manager on allowing an application shall be final. <br /> <br />9.6 Appeal of Denial of Application. An applicant may appeal the <br />denial of an application within 15 days after the date of notice of denial. <br />The appeal shall be in writing and state the name and address of the appel- <br />lant and how the Airport Manager made a factual error in denying the appli- <br />cation. Unless the City and the appellant agree to a longer period, the <br />appeal shall be heard by a hearings official appointed by the City Manager <br />and conducted within 15 days of the receipt of the notice of appeal. At <br />least 10 days prior to the hearing the City shall mail notice of the time <br />and location thereof to the appellant. The hearings official shall hear and <br />determine the appeal on the basis of any evidence the hearings official deems <br />appropriate. The rules of evidence used in courts do not apply. The hear- <br />ings official shall issue a written decision on the appeal within 10 days of <br />the hearing date. If the hearings official concludes that the Airport Man- <br />ager made a factual error in denying the application, the matter shall be <br />remanded to the Airport Manager for further review. The decision of the <br />hearings official denying the appeal is final. <br /> <br />9.7 Charges and Rents. The permit or lease shall provide for the peri- <br />odic payment to the City of a sum based on the following: <br /> <br />9.7.1 The amount charged for such use in the past; <br /> <br />9.7.2 Comparable amounts or rates, if any, charged by other air- <br />ports; <br /> <br />9.7.3 The amounts paid or benefits given by comparable users of <br />the Airport; and <br /> <br />9.7.4 The revenue needs of the Airport. <br /> <br />9.8 Operating Agreements. The provisions of Rules 9.1 to 9.6 do not <br />apply to operating agreements for the following operators. Use of the air- <br />field shall be allowed for such entities subject to federal and state law <br />and to reasonable conditions for such use imposed in an operating agreement. <br /> <br />9.8.1 Certificated Route Air Carriers, i.e., an air carrier hold- <br />ing a certificate of public convenience and necessity issued by the <br />Oregon Department of Transportation to conduct scheduled services; <br /> <br />9.8.2 Supplemental Air Carriers, i.e., an air carrier holding a <br />certificate of public convenience and necessity issued by the Oregon <br />Department of Transportation authorizing the carrier to perform passen- <br />ger and cargo charter services supplementing the scheduled service of <br />the Certificated Route Air Carriers; <br /> <br />Rules - 29 <br />