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18.6.430    APPLICATION PROCEDURE AND NOTICE

(1) The franchisee shall give at least one public notice of desire to erect specific information sign panels at an interchange or tourist-oriented directional signs at an intersection or shall contact each qualified business in the area, or both, at least 30 days prior to the deadline set for receiving applications to place business signs on a specific information sign or tourist-oriented directional sign. The notice shall be published in a newspaper published in the county or counties where the signs will be erected. The notice shall specify from whom applications may be requested, and where and to whom the applications must be submitted for consideration.  

(2) The franchisee shall retain complete records showing the notice and all contacts with local businesses for at least one year after the notice and contacts were made. These records are subject to review by the department.

(3) The franchisee shall require that requests for space on specific information signs or tourist-oriented directional signs be submitted to him.

(4) The franchisee shall require that all requests be made by the owner of a qualified business or his designee.

(5) In the event that the requests to place business signs on information sign panels exceed the available space, the franchisee shall use the following criteria to determine the allocation of spaces on information sign panels.

(a) In all instances, those businesses nearest to the interchange shall be given priority. Distances shall be measured from the gore of the exit along public highways to the nearest driveway of the business.

(b) The applicants must meet the minimum criteria of these rules.

(c) Where two qualified businesses are the same distance from the interchange and there is only space for one, the earliest application shall be given priority.

(6) The franchisee shall use the same criteria as provided in (5) to determine allocation of space on tourist-oriented directional signs. The business nearest the intersection shall be given priority.

History: 60-5-503, MCA; IMP, 60-5-505, MCA; NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.330, 2011 MAR p. 2393, Eff. 11/11/11.

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