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business on the Airport or to use any area of the Airport. <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 /> 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 /> 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 /> 9.7.1 The amount charged for such use in the past; <br /> 9.7.2 Comparable amounts or rates, if any, charged by other air- <br /> ports; <br /> 9.7.3 The amounts paid or benefits given by comparable users of <br /> the Airport; and <br /> 9.7.4 The revenue needs of the Airport. <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 /> 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 /> 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 /> <br />