Section 33-33-03-04 - Inspection of machines and commissaries1. 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. N.D. Admin Code 33-33-03-04
Effective August 1, 1988.General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24