28-9521. Unlawful use of device; authorization to prevent such use; seizure; violation; classification
(Eff. 7/1/16)
A. When any commercial device specified in this chapter is in commercial use and a valid license for the device has not been procured by the owner, the owner's agent or the operator of the device, the department, after giving notice of the licensing requirements to the owner, the owner's agent or the operator, shall prohibit the further commercial use of the unlicensed device until the proper license has been issued. The department may employ and attach to the device such forms, notices or security seals as it considers necessary to prevent the continued unauthorized use of the device.
B. A registered service representative may also:
1. With approval of the department, remove an official rejection tag placed on a commercial device.
2. Place in service, until an official examination can be made, a commercial device that has been officially rejected or placed out of service.
3. Place in service, until an official examination can be made, a commercial device for which a commercial device application has been completed and submitted to the department.
C. The owner of any business who has not applied for and has not been issued a license for the right to do business involving the use of a commercial device by the department and who is found selling or offering for sale or delivering or distributing to a consumer is guilty of a class 2 misdemeanor, and the department shall confiscate and seize the commercial device or any other such measuring device used by the business for the sale, delivery or distribution as evidence.
D. The director and any other authorized personnel are not liable to the owner or any other persons, firms, partnerships, corporations, trusts or agencies for damages, directly or indirectly, caused by or resulting from the seizure.
E. If a commercial device licensed pursuant to this chapter is used contrary to any provision of this chapter or any rule adopted pursuant to this chapter, the department, in addition to any other penalty imposed by this chapter, shall suspend, revoke or refuse to renew the license.
Section: Previous 28-9501 28-9502 28-9503 28-9504 28-9505 28-9506 28-9507 28-9521 28-9522 28-9523 28-9524 28-9525 28-9526 28-9551 28-9552 NextLast modified: October 13, 2016