83-215. Rejection of device used for weighing, measuring or both; repair or destruction of device.

292 words·~1 min read·/ks/chapter-83/83-215

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The secretary is hereby authorized and empowered to reject and take out of service any device used for weighing, measuring or both that is found not to conform to state standards or that is found not to weigh or measure within authorized tolerances.

(b)A service company and city or county department of weights and measures or any agent or employee thereof shall be prohibited from condemning or rejecting a device used to* weighing, measuring or both or taking such device out of service.

(c)Any weighing or measuring device that has been rejected and taken out of service under authority of the secretary shall remain subject to the control of the secretary until such time that suitable and acceptable repair has been made of the same or an authorized disposition of the same has been approved. An authorized repair period of use not longer than 30 days for purposes of obtaining a repair of the device used for weighing, measuring or both by the owner, or a reasonable extension of that period, may be given by the secretary when it is determined that the immediate cessation of use of such device will work an undue hardship on the person using such device or the patrons of such person. The owner of such rejected device shall cause the same to be repaired and corrected to weigh or measure within authorized tolerances within 30 days after being rejected, or within such extension as may be authorized, or in lieu thereof, the owner of the same may dispose of or destroy such weighing or measuring device or any rejected weight or measure under specific authority from the secretary.