105 IAC 3-4-6 Enforcement of department actions

Sec. 6. (a) The Indiana department of transportation shall, after notice and opportunity for hearing to any certified ultralight flightpark, revoke such certification when it reasonably determines the following: (1) There has been failure to maintain compliance with the conditions of the certification. (2) The physical appearance would indicate that there has been abandonment of the site as a certified ultralight flightpark. (3) That because of physical or legal conditions or circumstances that site no longer meets the standards by which the approval was granted. (b) Any person adversely affected by this rule or any orders of the Indiana department of transportation issued under this rule may appeal the decision according to the procedures for review set forth in IC 4-21.5-3. (c) When any certified ultralight flightpark or runway is abandoned or closed voluntarily, the owner shall file the Federal Aviation Administration Form 7480 with the Federal Aviation Administration and a copy to the Indiana department of transportation. The owner of the flightpark shall also mark the airport in accordance with the Federal Aviation Administration Advisory Circular 150/5340-1G Section 4 "Standards for Airport Markings", effective September 27, 1993, which is hereby incorporated by reference. (d) If certification is revoked, the ultralight flightpark shall not be construed as deficient, rather the Indiana department of transportation shall no longer endorse the ultralight flightpark as meeting preferred characteristics that maximize the safety of modern ultralight flightparks.