NDAC 33-33-03-04
Inspection of machines and commissaries
Cite as N.D. Admin. Code ยง 33-33-03-04
1.
The department may inspect the servicing, maintenance, and operation of vending machines
and commissaries as often as needed to determine compliance with this chapter. The
department, after proper identification, shall be permitted to enter at any reasonable time upon
any private or public property within North Dakota where vending machines or commissaries
are operated, or from which such machines are otherwise serviced, for the purpose of
determining compliance with the provisions of these regulations. The operator shall make
provision for the department to have access, either in company with an employee or
otherwise, to the interior of all vending machines operated by the operator.
2.
Whenever the department discovers a violation of any provision of this chapter, it shall notify
the operator concerned either by the inspection report form or by other written notice. Such
form or notice shall (1) describe the condition found and state which section of this chapter is
violated by such condition; (2) provide a specific and reasonable period of time for the
correction of the condition; and (3) state that an opportunity for a hearing on inspection
findings will be provided, if a written request for such hearing is filed with the department
within ten days of receipt of the notice. The department may also advise the operator in writing
that unless the violations are corrected within the specified period of time, any license issued
under the provisions of this chapter may be suspended or revoked, in accordance with
provisions of section 33-33-03-02, or court action may be initiated.