70:11:03:01.  Grounds for revocation of permit. Noncompliance with any requirement or other provision of chapters 70:11:01 or 70:11:02 authorizes the department to revoke a permit issued in accordance with § 70:11:01:05 and to cause the removal of the newspaper vending device from the interstate rest area or information center.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:03:02.  Notice of revocation. Upon learning of a condition authorizing the revocation of a permit issued in accordance with § 70:11:01:05, the department shall notify the person responsible for the day-to-day operation and maintenance of the newspaper vending device by first-class mail at the address provided to remove the device by a date certain. The department may take any action intended to alleviate the effects of a condition of noncompliance immediately, including the removal of the newspaper vending device from the interstate rest area or information center without a requirement to first provide actual notice to the responsible person. In such a case, the written notice required by this section shall include information on where the device is located and may be retrieved.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:03:03.  Removal of newspaper vending device. Upon notification of a condition of noncompliance as provided by § 70:11:03:02, the owner of the newspaper vending device shall have 14 days from the date of notification to remove the newspaper vending device from the interstate rest area or information center. If the newspaper vending device has not been removed from the interstate rest area or information center within 14 days after the date of the notice required by § 70:11:03:02, the department may remove and dispose of the device as abandoned property, without liability or payment to the owner.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.

          70:11:03.04.  Reapplication for a permit after revocation -- Revocation of all permits. No applicant whose permit has been revoked may reapply for a permit for a newspaper vending device at any interstate rest area or information center for a minimum period of 90 days following revocation. If an applicant has a permit revoked three time within a five-year period, the applicant is no longer eligible for a permit, and all permits previously issued and held by applicant are deemed revoked.

          Source: 41 SDR 53, effective October 7, 2014.

          General Authority: SDCL 31-29-83.

          Law Implemented: SDCL 31-29-83.