Commission Responsibilities and Requirements

PURPOSE: This rule provides the commission’s responsibilities and requirements for the placement of publication vending machines on interstate highway rest areas for distribution of publications to the public. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Location of Bins and Machines. In order to ensure the safety of patrons of rest areas, to protect the physical integrity of the rest area building and facilities, and to provide for the general aesthetics of the rest areas, only publication vending machines owned and installed by the commission are permitted at a rest area. The commission, in its sole discretion as provided in 7 CSR 10-16.020 through 7 CSR 10-16.050, will provide and install publication vending machines in easily accessible locations on the exterior near doors of the rest area buildings. Only one (1) publication will be dispensed in each bin. (2) Procedures for Noncompliance with Rules. (A) Noncompliance. The following are identified as a publisher’s noncompliance with these rules: 1. Installation of noncommission equipment for purpose of publication distribution; 2. Failure to pay required license fee(s); 3. Damage to commission bin(s) and/or machine(s); or 4. Failure to pay the cost of the commission’s remedial action(s). (B) Notice of Violation and Commission Remedial Action. The commission, in its sole discretion as provided in 7 CSR 10-16.020 through 7 CSR 10-16.050, may take any remedial action deemed necessary and appropriate to address the publisher’s noncompliance. Such remedial action is not limited to the following: 1. Seizure and removal of the publisher’s noncommission equipment and storage of such equipment at a site determined in the commission’s sole discretion; 2. Revocation of the publisher’s authority to participate in the publication vending machine program, removal of all the publisher’s publications in any commission machines, and prevention of such publisher from future use of commission machines; and/or 3. Repair of the damaged commission bin(s) and/or machine(s). (C) Timing and Costs of Remedial Action. The commission may take such remedial action(s) immediately and without prior approval of the publisher. The publisher is responsible to pay all costs of remedial actions taken by the commission under 7 CSR 10-16.035(2)(B). (D) Notice of Remedial Action. After the commission takes any remedial action(s) authorized by 7 CSR 10-16.035(2)(B), the commission shall provide written notice to the publisher, either by certified U.S. mail or by electronic mail within ten (10) days. The written notice will include the alleged violation, the remedial action(s) taken by the commission, and the action(s) the publisher is required to take. The commission will make reasonable effort to locate either the mailing address or the electronic address of the publisher in order to send the written notice. In the event the mailing address or electronic mail address cannot be determined in the ten (10) days, the commission will post a written notice consistent with this 7 CSR 1016.035(2)(D) in a conspicuous place located at the rest area and on the Missouri Department of Transportation website. (E) Opportunity for Informal Hearing. If the publisher disagrees with the allegation(s) of noncompliance and the remedial action(s) taken as set forth in the commission’s written notice, the publisher may request an informal hearing before the department’s General Services Director, or the General Services Director’s designee, no later than thirty (30) days from the date on the notice. Such request for an informal hearing shall be addressed to the Commission Secretary, PO Box 270, Jefferson City, MO 65102. The department’s General Services Director, or the General Services Director’s designee, determines the date, time, and location of the informal hearing. A publisher’s failure to request a hearing within the time allowed under this 7 CSR 1016.035(2)(E), or a publisher’s failure to appear at the hearing, will result in the publisher’s forfeiture of the opportunity for the informal hearing. (3) The commission incorporates by reference in this rule the provisions of Title 23, Code of Federal Regulations (CFR) Part 752 as published by the United States Government Printing Office, 732 North Capitol Street NW, Washington DC 20401 on April 1, 2009. This rule does not incorporate any subsequent amendments or additions to 23 CFR Part 752. AUTHORITY: section 29 of Art. IV, Mo. Const., sections 226.020, 226.150, 226.750– 226.790, and 227.030, RSMo 2016,* Title 23, United States Code section 111(b), and Title 23, Code of Federal Regulations part 752. Original rule filed July 2, 2010, effective Feb. 28, 2011. Amended: Filed Feb. 9, 2018, effective Sept. 30, 2018. *Original authority: 226.020, RSMo 1939; 226.150, RSMo 1939, amended 1977; 226.750–226.790, RSMo 1965; and 227.030, RSMo 1939.