Section R12-5-106. Assignments; Subleases

A.      A person shall not assign or sublease any right, entitlement, or interest, in whole or in part, in State land, or possession, occu- pancy, or right to remove anything, in whole or in part, from State land unless:

1.        The person has made application for the assignment or sublease; and

2.        The Commissioner has approved the assignment or sub- lease in writing.

B.       In addition to the conditions and provisions of the lease sought to be subleased, any approved sublease is subject to further conditions and provisions as the Commissioner may determine are necessary to further the best interest of the Trust, including but not limited to provisions relating to ownership of improve- ments on the lease and disposition of proceeds relating to the improvements.

C.      The Department may cancel a lease if a sublessee violates a provision of a lease.

D.      The Department shall hold the lessee and sublessee jointly and severally liable for damages arising out of a violation of a pro- vision of a lease.

E.       The Department shall not approve a sublease of a sublease for State land.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).