Current through Register Vol. 35, No. 18, September 24, 2024
A. Each machine shall be maintained in a
clean, neat and attractive condition and in good repair at all times. Machines
that are damaged, in a state of disrepair due to wear and tear no longer are in
a clean, neat and attractive condition or in good condition shall be replaced
or repaired by the owner as soon as practicable after discovery or notification
by the Department to do so.
B.
Should the Department determine that a newspaper vending machine has been
placed or is being maintained in violation of the provisions of these
regulations, the following procedures shall be followed:
(1) A written notice (Notice of Violation)
shall be given to the person or organization identified in the permit
application. The Notice of Violation shall be posted to such person or
organization to the address provided in the application or to such address as
has otherwise been provided to the Department. The Notice of Violation shall
describe the violation and shall advise that the newspaper vending machine may
be required to be removed unless the violation is corrected within ten (10)
days from the date of the Notice of Violation, and shall state the procedure
for obtaining a hearing concerning the violation as provided herein.
(2) If within ten (10) days of the date of
the Notice of Violation, the violation has not been corrected or otherwise
resolved to the satisfaction of the Department or a hearing has not been
requested per Section 12 [Section 12 of 18.32.2 NMAC], the Department may issue
a "Request To Remove" the machine. The Request To Remove the machine shall
notify the owner that if the machine is not removed within seven (7) days from
the date of the removal notice, the Department may cause the machine to be
removed and impounded and the site returned to its original condition. A Notice
of Removal and Impoundment shall be mailed to such person or organization
within five (5) days after removal. The Notice of Removal and Impoundment shall
state the date of removal, the reasons therefor, and the location and
procedures for claiming the newspaper vending machine.
(3) The cost of removal and storage and the
expense of restoring the site to its original condition shall be borne by the
owner of the confiscated machine. Failure to claim the confiscated machine
within a thirty-day (30) period will result, at the option of the Department,
in either the destruction or sale of the machine. Proceeds from any sale, less
the total moneys owed the Department for its costs and expenses will be
returned to the owner. If a deficiency results, the Department shall have an
action to recover its deficiency, attorneys fees and litigation
expenses.
(4) If a hearing is
requested within ten (10) days of the Notice of Violation per Section 12 or if
otherwise specifically allowed by the Department, the machine in violation of
the provisions of this section may remain until a hearing is held and a final
administration decision is made as regards the violation.
C. Notwithstanding any other provision in
this rule, the Department may summarily remove, without prior hearing, any
newspaper vending machine which poses a threat to the health, safety or welfare
of the public, or has been placed without having first filed a written
application with the Department, or which contains obscene or scandalous
material.
