N.M. Admin. Code § 18.32.2.9 - PERMITS

A. No newspaper vending machines shall be placed in rest areas unless the Department has issued a written permit to the appropriate vendor.

B. A written permit will only be issued upon receipt of a written application in which the vendor has provided the following information:

(1) the vendor's name;

(2) the vendor's address;

(3) the vendor's telephone number;

(4) the name of a spokesperson or contact employed by the vendor;

(5) the name of the newspaper or publication;

(6) the particular rest area desired for the newspaper vending machine;

(7) a description of the vending machine listing its dimensions, its weight, its material composition, and its manufacturer.

C. The Department shall have fifteen (15) days from receipt of an application to either issue a written permit or deny the application. The letter of denial shall contain specific reasons for denying the application. The fifteen (15) day period may be extended upon mutual agreement of the parties. The fifteen (15) day response period by the Department shall not begin to run until the application has been received by the appropriate maintenance engineer.

D. The permits shall be for one (1) year and must be renewed by the vendor by a timely application submitted prior to the expiration of the term.

E. The permit shall be effective as to each newspaper vending machine described in said permit until the expiration date of the permit, or the newspaper vending machine is permanently removed by the Department or by the vendor; except that a permit shall terminate if the newspaper vending machine is not installed within sixty (60) days of issuance of the permit.

F. A permit issued under this rule is non-transferable. All vendors must seek and obtain a written permit as described in this rule prior to placing any newspaper vending machines or making use of newspaper vending machines purchased from other vendors.

G. The permit issued by the Department shall designate the area authorized for placement of the approved newspaper vending machine. No other area may be used by the vendor except with the express written permission of the Department.

H. A vendor may appeal any adverse determination of the Department pursuant to the appeal process set forth in Section 12.

I. Applications for permits shall be directed by the vendors to the district engineer, or his designee, of the appropriate highway district having control over the rest area.

J. Except as specifically authorized by this rule, all communications relevant to the administration of this rule, including interpretation of provisions therein, shall occur between the vendor and the maintenance engineer or his designee in the highway district having control over the rest area affected.

K. No permit shall be issued for the dissemination of obscene materials or any other materials not protected by the First Amendment to the United States Constitution.

Notes

N.M. Admin. Code § 18.32.2.9

Recompiled 11/16/01