New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.11 - REMOVAL OF NEWSPAPER VENDING MACHINES

Current through Register Vol. 35, No. 13, July 16, 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.