BIL 171 Draft 01 2010-2012 - Laserfiche WebLink

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(1) To determine when a publication dispensing rack space has been abandoned or surrendered; and al To establish procedures relating to the abandonment or surrender of publication dispensing rack spaces. (0 When the authorized association makes an initial determination that a publication dispensing rack space has been abandoned or surrendered, the affected permittee shall be notified of the authorized association's initial determination and given an opportunity to contest the initial determination. The authorized association shall adopt rules approved by the director pursuant to section 35 -71 relating to notification of the authorized association's determination, the permittee's opportunity to contest the initial determination, and the procedure and notification requirements for the making of a final determination. Upon the final determination, any permit purporting to be a permit for the space or spaces finally determined to be surrendered or abandoned shall be void as to the space or spaces so determined and the holder of the voided permit shall no longer be deemed a permittee as to the space or spaces so determined. () A permittee may surrender a publication dispensing rack space prior to expiration of the permit for the space when the permittee no longer wishes to dispense the publication through the space. (R) The authorized association shall maintain a record of unallocated, abandoned, and surrendered spaces and may reallocate them pursuant to procedures set forth in its approved rules. (f No person, including the person to whom a publication dispensing rack space has been allocated or reallocated, may place an insert or any publication in the space if the space has been finally determined to have been abandoned or surrendered, until such time as the space has been reallocated, after which the permittee under the reallocation may place its insert and publication in the space. Section 35 -66. Installation, maintenance, and repair of publication dispensing enclosures, spaces, and inserts. cal It shall be the responsibility of the authorized association to install, maintain, and repair the publication dispensing rack enclosures, either directly by contract with a private contractor. Any cost for the installation, maintenance, and repair of the enclosure shall be borne by the authorized association. It shall be the responsibility of the permittee to maintain in good operating order and repair any publication dispensing rack insert inserted into a space in a publication dispensing rack enclosure for which it holds a permit. Any cost to maintain the insert shall be borne by the permittee. Section 35 -67. Temporary dislocations. The authorized association may direct a permittee to remove copies of the permitted publication and the permittee's publication dispensing rack insert from a publication dispensing rack enclosure temporarily during any public, private, or utility construction work conducted on the public sidewalk, the abutting roadway, an adjacent building, or structure or to any utility, when the director determines that the removal is necessary in the interest of public safety. 9