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1) This provision applies to the Operator working in any capacity within the tow business or <br />operating any tow business, even if operated under new ownership. <br />E. If an Operator is serving a suspension for six months or more, the Operator shall be required <br />to comply with all terms and conditions of the current TSA at the time of reinstatement. If the <br />TSA term expires, the Operator must resubmit an application during the enrollment period. <br />F. An Operator shall comply with all the terms of the suspension, including, but not limited to, <br />restitution to victims and court orders, prior to reinstatement or re -application. <br />24. HEARING/APPEAL <br />A. In the event the Police Captain notifies an Operator of disciplinary action, the Operator may <br />request a hearing within seven calendar days by submitting a request in writing to the Police <br />Captain for the Operations Division. If a hearing is requested, the hearing shall be held as <br />soon as practicable but no more than 30 calendar days from the date the hearing was <br />requested. <br />B. The hearing shall be conducted by such Police Captain or designee and the Operator shall be <br />entitled to present all relevant facts and circumstances in support of the Operator's position. <br />C. The Operator shall be entitled to present evidence, including, but not limited to, testimony of at <br />least one person. The hearing shall be informal. The Police Captain or designee shall <br />determine the issue. <br />D. The Operator shall be notified in writing of the Police Captain or designee's decision(s) within <br />ten business days of the date of the completion of the hearing. <br />Following the hearing, if the Operator is dissatisfied with the Police Captain or designee's <br />decision(s), the Operator may appeal by submitting a request in writing to the Police Chief <br />within seven calendar days. If an appeal is requested, it shall be held as soon as practicable, <br />but no more than 30 calendar days from the date the appeal was filed. The Police Chief's <br />Administrative Assistant shall give the Operator written notice of the time and place of the <br />hearing at least ten calendar days prior to the date of the hearing, either by causing a copy of <br />the notice to be delivered to the Operator personally or by certified mail addressed to the <br />Operator at the address shown on the appeal. The appeal shall be conducted by the Police <br />Chief. The Operator shall have the same rights as those listed above. The Operator shall be <br />notified in writing of the decision(s) of the Police Chief within ten business days of the date of <br />the appeal. Participation by the Operator in the PPD Rotation Tow Program is a privilege, not <br />a right. The Operator waives any further administrative appeal(s) rights upon notification of the <br />Police Chief's decision. <br />F. A suspension shall not take effect until the hearing and appeal process, if an appeal was filed, <br />as set forth above has been exhausted, with exception of the Operators whose conduct is <br />deemed to be a danger to the motoring public or who continue to violate the terms and <br />conditions of the TSA and whose suspension shall immediately begin. <br />G. If an Operator fails to request a hearing or appeal within the specified time or fails to appear at <br />a scheduled hearing or appeal, the action taken by the Police Captain shall be final and the <br />disciplinary action shall take effect upon written notification to the Operator by the Police <br />Captain without further appeal. <br />Page 22 of 24 <br />