Section 411-5-008 - ADMINISTRATIVE008.01 The Department or the Agent shall give one public notice of intent to erect TODS panels at an intersection 30 days prior to accepting requests to place Activity plaques on the signs. Said notice of intent shall be published in a legal newspaper of the county or counties where the signs will be erected. Said notice shall specify from whom applications may be requested, and where or to whom said applications must be submitted for consideration.008.02 Application 008.02A Written requests for space on the TODS panels shall be submitted to the Department or the Agent.008.02B All requests must be made by the owner or responsible operator of a qualified activity.008.02C A maximum of four Activity plaques each for the left-turn direction, right-turn direction and for the ahead direction will be available at any location.008.02D In the event that the requests to place Activity plaques on TODS panels exceeds the available space, the following criteria shall be used to determine the allocation of spaces on TODS panels: 008.02D1 In all instances, those activities nearest to the intersection will be given priority.008.02D2 The first four applications received from qualified activities shall be selected to place their Activity plaque on the TODS panel if said applicants meet the criteria set forth in these regulations. The applications may be received by either the Agent or the Department headquarters in Lincoln, Nebraska, whichever is designated in the public notice required in section 008. 008.02D3 Once the maximum number of activities are posted on the TODS panels at an intersection, other similar type activities closer to the intersection shall have priority over the first applicant. The first applicant shall have the right to occupy his or her space for one year from the date of installation or rental period.008.03 Audit008.03A At the request of the Department or Agent, the owner or responsible operator of an activity must provide any information and/or documentation available to the owner or responsible operator which demonstrates that the activity derives the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area of the activity. The owner or responsible operator of the activity shall keep, maintain, and make such information and/or documentation available for inspection and audit at any time, following reasonable notice, after an application for a TODS panel has been submitted. The records may include, but are not limited to, guestbooks, attendance records, license plate numbers, tax receipts, and credit card receipts.008.04 Maintenance 008.04A The Department or Agent shall repair or replace within four weeks after damage occurs, any TODS panels that are destroyed or damaged by act of God or vehicle accident.008.04B The Agent shall be responsible for washing all TODS panels and Activity plaques on an annual basis or at any time the reflectorized facing becomes dull.008.04C The Agent shall be responsible for conducting an inspection annually on any breakaway mechanism for dirt or other obstruction that may interfere with the breakaway mechanism. All bolts shall be loosened and retorqued to proper specification.008.04D The Agent shall be responsible for the cost of the relocation of TODS panels for highway improvements and shall complete the relocation within 60 days after notification that the sign must be removed.008.05 Removal of Activity Plaques and Covering Seasonal Activity Plaques 008.05A The owner of any Activity plaque must be notified by certified mail a minimum of 30 days in advance of the removal of his or her plaque for any cause.008.05B Activity plaques may be covered or removed for any of the following:008.05B1 Failure to pay rental fee.008.05B2 Owning signs, leasing a sign, or leasing space on signs that are in conflict with the Rules and Regulations, Title 410, Chapter 3, section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System.008.05B3 Failure to meet the minimum requirements as set forth in the state statutes, these Rules and Regulations, and as provided under section 003.008.05B4 Repeated delinquency as to any of the aforesaid violations.008.05C If an activity is closed due to fire, accident, remodeling or other emergencies for more than seven, but not more than 90 days, then the Agent shall have the Activity plaque covered to prevent inconveniencing the traveling public. The business shall not lose its priority or be required to reapply prior to the normal expiration of its contract. Extensions of time beyond 90 days may be granted in such case where insurance claims or financial arrangements require additional time. However, an owner who, due to his or her own negligence, fails to open within the 90-day period may lose his or her right to occupy the TODS panel.008.05D The Agent shall be responsible for covering, or removing and subsequently reinstalling, the Activity plaque for activities operated on a seasonal basis within five working days of the activities' closure. Where all of the activities on a TODS panel are closed, the entire sign, including posts, shall be removed or the entire sign panel can be covered. In addition, all Trailblazer signs shall be removed or covered.008.05E Sign and panel covers shall be constructed of opaque and reasonably substantial material, bearing no advertising or readable message, and be fastened in such a manner that wind and normal weather conditions will not dislodge, tear, or permit fluttering of the covering. Lost, torn, vandalized, or unsightly coverings shall be replaced as soon as weather and road conditions permit.008.06 Fees for TODS Panels 008.06A The fee for placing Activity plaques on TODS panels shall include, but not be limited to: the fair market rental value of the sign site; fabrication, erection, maintenance or servicing of TODS panels and Activity plaques; removal or covering Activity plaques; other costs associated with the program; and when applicable, reasonable profit for the Agent operating the program. An additional fee shall be charged for required Trailblazer signs. The fee for each space on the TODS panel shall be the same for all activities, except seasonal activities. The annual fee paid by the seasonal activity may be reduced by the ratio that the number of full or partial months that the facility is closed to the public usage bears to the number of months in a year, but the resulting fee shall be not less than 50% of the annual fee. The lease agreement shall be for a term of not less than one year, nor more than five years. It shall specify the cost of Trailblazer signs and the covering of Seasonal plaques and other information that is necessary.008.07 Oversight of the Agent by the Department 411 Neb. Admin. Code, ch. 5, § 008