PURPOSE: This rule provides the commission’s responsibilities and requirements for the placement of publication vending machines on interstate highway rest areas for sale or 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. (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, no publication vending machine shall be installed at a rest area except those machines owned and installed by the commission. At each rest area, the commission shall provide one (1) publication vending machine bin which may hold up to four (4) individual machines to allow the vending of publications as provided in 7 CSR 10-16.020 through 7 CSR 10-16.050. The commission, in its sole discretion, shall locate and install the bins on the exterior of the rest area buildings and adjacent to the entrance and exit doors of the rest areas. The commission will provide additional bins and machines provided there are publishers that have made application under 7 CSR 10-16.045 to lease such additional machine spaces. No machine shall dispense more than one (1) publication.

2. (2) Procedures for Noncompliance with Rules.

   1. (A) Prohibitions. A publisher shall not—

      1. 1. Install its own newsrack(s);
      2. 2. Fail to pay required license fee(s);
      3. 3. Damage commission bin(s) and/or

machine(s); or

1. 4. Fail to pay the cost of the commis-

sion’s remedial action(s).

1. (B) Notice of Violation and Commission Remedial Action. The commission shall take any remedial action it deems necessary and appropriate to address the publisher’s noncompliance with 7 CSR 10-16.020 through 7 CSR 10-16.050. Such remedial action shall include, but is not limited to, the following:

   1. 1. Seizure of the publisher’s newsracks;
   2. 2. Revocation of the publisher’s author-

ity 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

1. 3. Repair of the damaged commission

bin(s) and/or machine(s).

1. (C) Timing and Costs of Remedial Action. The commission may take such remedial action(s) immediately and without prior approval of the publisher. The costs of any remedial actions taken by the commission under 7 CSR 10-16.035(2)(B) shall be paid by the publisher.
2. (D) Notice of Remedial Action. After the commission takes any remedial action(s) authorized by 7 CSR 10-16.030(2)(B), the commission shall within ten (10) days send written notice to the publisher, either by certified U.S. mail or by electronic mail, stating the alleged violation, the remedial action(s) taken by the commission, and the action(s) the publisher is required to take, including, but not limited to 1) retrieving the noncompliant publisher newsracks and 2) payment of all delinquent license fees and payment of all costs incurred by the commission to carry out the remedial action(s). If the commission is unable to determine the mailing address or electronic mail address of the publisher, it shall 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, notice shall be satisfied by the commission posting a written notice consistent with this 7 CSR 10-16.030(2)(D) in a conspicuous place located at the rest area and on the Missouri Department of Transportation website.
3. (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 shall have thirty (30) days from the date on the notice to request an informal hearing before the department’s State Maintenance Engineer, or the State Maintenance Engineer’s designee. Such request for an informal hearing shall be addressed to the Commission Secretary, PO Box 270, Jefferson City, MO 65102. Such informal hearing shall be conducted at a date, time, and location as determined by the department’s State Maintenance Engineer, or the State Maintenance Engineer’s designee. A publisher’s failure to request a hearing within the time allowed under this 7 CSR 10- 16.035(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.

1. (3) The commission incorporates by reference in this rule the provisions of Title 23, Code of Federal Regulations (CFR) Part 752 Transportation Commission

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 2000,* 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.

*Original authority: 226.020, RSMo 1939; 226.150, RSMo 1939, amended 1977; 226.750–226.790, RSMo 1965; and 227.030, RSMo 1939.