§ 311.05. Procedure for permanent removal of a problem phone.

(a)

Before issuing an order requiring the permanent removal of a problem telephone hereunder, the director or his/her designee shall conduct an informal hearing upon reasonable notice to the parties involved to determine whether the remedial measure(s) ordered pursuant to section 311.04 have or have not adequately remedied the problem(s) created by the pay telephone, or whether the telephone should be removed permanently. The informal hearing shall be preceded by at least ten (10) days' written notice to the licensee and the owner of the public telephone at the address indicated on the subject telephone, describing the time, place and subject matter of the hearing. The director or his/her designee may consider any evidence with probative value commonly accepted by reasonable prudent persons in the conduct of their affairs.

(b)

Upon a finding of fact that the remedial measure(s) have not remedied the problem(s) created by the particular problem telephone, the director or his/her designee may issue an order, which shall be in writing and addressed to the owner of the telephone and to the licensee, directing the removal of the telephone.

(c)

Failure to comply with the order for removal shall be grounds for adverse action against all licenses held by the licensee for the licensed premises where the telephone is located.

(C.F. No. 95-64, § 1, 2-8-95)