Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment clarifies the type of bins
permitted in the rest areas and deletes unnecessary and restrictive
wording.
PURPOSE: This rule provides the commission's
responsibilities and requirements for the placement of publication vending
machines on interstate highway rest areas for distribution of publications to
the public.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Location of Bins and Machines. In order
to ensure the safety of patrons of rest areas, to protect the physical
integrity of the rest area building and facilities, and to provide for the
general aesthetics of the rest areas, only publication vending machines owned
and installed by the commission are permitted at a rest area. The commission,
in its sole discretion as provided in
7 CSR 10-16.020
through
7 CSR
10-16.050, will provide and install publication
vending machines in easily accessible locations on the exterior near doors of
the rest area buildings. Only one (1) publication will be dispensed in each
bin.
(2) Procedures for
Noncompliance with Rules.
(A) Noncompliance.
The following are identified as a publisher's noncompliance with these rules:
1. Installation of noncommission equipment
for purpose of publication distribution;
2. Failure to pay required license
fee(s);
3. Damage to commission
bin(s) and/or machine(s); or
4.
Failure to pay the cost of the commission's remedial action(s).
(B) Notice of Violation and
Commission Remedial Action. The commission , in its sole discretion as provided
in
7 CSR 10-16.020
through
7 CSR
10-16.050, may take any remedial action deemed
necessary and appropriate to address the publisher's noncompliance. Such
remedial action is not limited to the following:
1. Seizure and removal of the publisher's
non-commission equipment and storage of such equipment at a site determined in
the commission's sole discretion;
2. Revocation of the publisher's authority to
participate in the publication vending machine program, removal of all the
publisher's publications in any commission machines, and prevention of such
publisher from future use of commission machines; and/or
3. Repair of the damaged commission bin(s)
and/or machine(s).
(C)
Timing and Costs of Remedial Action. The commission may take such remedial
action(s) immediately and without prior approval of the publisher. The
publisher is responsible to pay all costs of remedial actions taken by the
commission under 7 CSR 10-16.035(2)(B).
(D) Notice of Remedial Action. After the
commission takes any remedial action(s) authorized by 7 CSR 10-16.035(2)(B),
the commission shall provide written notice to the publisher, either by
certified U.S. mail or by electronic mail within ten (10) days. The written
notice will include the alleged violation, the remedial action(s) taken by the
commission, and the action(s) the publisher is required to take. The commission
will make reasonable effort to locate either the mailing address or the
electronic address of the publisher in order to send the written notice. In the
event the mailing address or electronic mail address cannot be determined in
the ten (10) days, the commission will post a written notice consistent with
this 7 CSR 10-16.035(2)(D) in a conspicuous place located at the rest area and
on the Missouri Department of Transportation website.
(E) Opportunity for Informal Hearing. If the
publisher disagrees with the allegation(s) of noncompliance and the remedial
action(s) taken as set forth in the commission's written notice, the publisher
may request an informal hearing before the department's General Services
Director, or the General Services Director's designee, no later than thirty
(30) days from the date on the notice. Such request for an informal hearing
shall be addressed to the Commission Secretary, PO Box 270, Jefferson City, MO
65102. The department's General Services Director, or the General Services
Director's designee, determines the date, time, and location of the informal
hearing. A publisher's failure to request a hearing within the time allowed
under this 7 CSR 10-16.035(2)(E), or a publisher's failure to appear at the
hearing, will result in the publisher's forfeiture of the opportunity for the
informal hearing.
(3)
The commission incorporates by reference in this rule the provisions of Title
23, Code of Federal Regulations (CFR) Part 752 as published by
the United States Government Printing Office, 732 North Capitol Street N W,
Washington DC 20401 on April 1, 2009. This rule does not incorporate any
subsequent amendments or additions to 23 CFR Part 752.
*Original authority: 226.020, RSMo 1939; 226.150, RSMo
1939, amended 1977; 226.750-226.790, RSMo 1965; and 227.030, RSMo
1939.
