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

Current through Register Vol. 56, No. 14, July 15, 2024
(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.