North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0900 - DISTRIBUTION OF NEWSPAPERS FROM DISPENSERS AT REST AREAS AND WELCOME CENTERS › Section 02E .0905 - CONDITIONS, NOTICE OF VIOLATIONS AND APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  continued placement, use and maintenance of newspaper dispensers is conditioned
				  upon compliance with all the provisions of this Section. If any of the
				  provisions of this Section are alleged to have been violated or if the
				  location, installation, or condition of the newspaper dispenser no longer meets
				  with the specifications of this Section the permittee shall be notified of the
				  non-compliance by registered mail, return receipt requested.
(b) The notice shall state the specific
				  provision(s) of this Section which are alleged to have been violated.
(c) The notice shall further state that, upon
				  request by the permittee within 15 days of the receipt of said notice, the
				  official issuing the notice of violation shall meet with the permittee 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 Section, except in emergency situations. 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
				  Paragraph (c) of this Rule, in the event a meeting is requested and does not
				  resolve the dispute in a mutually acceptable manner, or the permittee has
				  failed to remove the newspaper dispenser or otherwise correct the violation or
				  reason for non-compliance, the permit shall be revoked and the permittee shall
				  be notified by registered mail that the permit has been revoked.
(e) The decision as provided for in Paragraph
				  (d) of this Rule shall be the final agency decision.
(f) If the permittee (or applicant where no
				  permit has been issued) fails to appeal from the revocation of a permit or a
				  decision not to grant a permit, and does not remove or have removed the
				  newspaper dispenser in question within 30 days from the receipt of a revocation
				  notice, the newspaper dispenser shall be removed by the Department of
				  Transportation maintenance personnel and stored at a Department of
				  Transportation maintenance yard. The permittee shall be notified by registered
				  mail of the location of the newspaper dispenser and the hours when it may be
				  obtained. The Department of Transportation shall not be liable for any damage
				  to the newspaper dispenser, to any material contained therein, or for any lost
				  sales caused by the removal, transportation or storage of the newspaper
				  dispenser.
Authority
					 G.S.
					 136-18(9);
Eff.
					 October 1, 1991;
Amended Eff. December 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.