New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 41B - NEWSPAPER BOXES ON STATE HIGHWAY RIGHT-OF-WAY
Subchapter 5 - CONDITIONS, NOTICE OF VIOLATIONS AND APPEALS
Section 16:41B-5.1 - General requirements

(a) The continued placement, use and maintenance of news dispensers is conditioned upon compliance with all of the provisions of this chapter. If any of the provisions of this chapter are alleged to have been violated or if the location, installation, or condition of the news dispenser no longer meets with the specifications of this chapter and any amendments thereto, the owner of the news dispenser shall be notified of the non-compliance by registered mail.

(b) The notice shall state the specific provision(s) of this chapter which are alleged to have been violated.

(c) The notice shall further state that, upon request by the owner of the news dispenser within 15 days of the receipt of said notice, the official issuing the notice of violation shall meet with the owner of the news dispenser to discuss the basis for the determination that a violation exists and any proposed means of eliminating any violations. That meeting shall take place within 30 days of said request. A request for such a meeting shall stay the further enforcement of this chapter, except in emergency situations as set forth in 16:41B-3.1(c)5. Following any such meeting, the official issuing the notice of violation may rescind the notice if it is determined that there was no violation or in the event the alleged violation is otherwise eliminated. The official may also grant time for the correction of any violation upon request.

(d) If, within 30 days after mailing the notice of non-compliance, or within 30 days after the meeting referred to in (c) above, in the event a meeting is requested and does not resolve the dispute in a mutually acceptable manner, or the owner of the news dispenser has failed to remove the news dispenser or otherwise correct the violation or reason for non-compliance, the owner of the news dispenser shall be notified by registered mail that the news dispenser in question will not be permitted to remain in its present location.

(e) The owner of a news dispenser may appeal from a decision to prohibit a news dispenser to remain in a certain location within 15 days of the date of receipt of a notice informing the owner of the news dispenser that the news dispenser in question will not be permitted to remain in its present location. The owner of the news dispenser shall file a letter of appeal from the decision and request either a hearing in accordance with Department procedures or that the letter of appeal be forwarded by the Department to the Office of Administrative Law as a contested case to be heard in accordance with the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. In the event an informal Department hearing is requested, any decision therefrom may be referred to the Office of Administrative Law for a de novo hearing. Any appeal shall stay enforcement of this chapter except in emergency situations as set forth in 16:41B-3.1(c)5.

(f) If the owner of the news dispenser fails to appeal from the decision to prohibit the news dispenser to remain in its present location, and does not remove or have removed the news dispenser in question within 30 days from the receipt of a notice that the news dispenser will not be permitted to remain in its present location, the news dispenser shall be removed by and stored by the Department of Transportation. The owner of the news dispenser shall be notified by registered mail of the location of the news dispenser and the hours when it may be obtained. The Department of Transportation shall not be liable for any damage to the news dispenser, to any material contained therein, or for any lost sales caused by the removal, transportation or storage of the news dispenser. A charge of $ 50.00 shall be levied by the Department.

(g) If the owner of the news dispenser is unsuccessful on appeal, the owner of the news dispenser shall have 30 days within which to remove the news dispenser. If the news dispenser is not removed within 30 days, the Department of Transportation shall remove it in accordance with the procedures set forth in this subchapter.