BOE Procedural Due Process Arising from Controlled Substance and/or Alcohol Consumption and Abuse Sample Clauses

BOE Procedural Due Process Arising from Controlled Substance and/or Alcohol Consumption and Abuse. The Contractor does hereby stipulate and agree that Federal and State of New York courts and the SED have issued judicial decisions requiring the BOE to administer forms of procedural due process under certain circumstances in cases where any of the Contractor’s employees or subcontractor employees have their BOE certifications of approval suspended and/or permanently revoked as a consequence of positive test results for the presence of a controlled substance(s) and/or alcohol. The Contractor does hereby further stipulate and agree to comply fully with all Federal, State of New York, City of New York and BOE laws, bylaws, rules, regulations, procedures and policies applicable to the prohibition of consumption of, and testing for, controlled substances and alcohol with respect to its employees and subcontractor employees that affect the safe operation of school bus vehicles as the same currently exist or shall be added, deleted, updated, amended, revised or otherwise changed during the Term of this Contract. The Contractor does hereby further stipulate and agree that compliance with the preceding sentence shall require the Contractor to administer effectively a program of controlled substance and alcohol abuse prevention, training, testing and other services, for portions of which the Contractor may elect to use professional subcontractors. The Contractor shall submit to the BOE for advance and continuing(10)
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BOE Procedural Due Process Arising from Controlled Substance and/or Alcohol Consumption and Abuse. The Contractor does hereby stipulate and agree that Federal and State of New York courts and the SED have issued judicial decisions requiring the BOE to administer forms of procedural due process under certain circumstances in cases where any of the Contractor’s employees or subcontractor employees have their BOE certifications of approval suspended and/or permanently revoked as a consequence of positive test results for the presence of a controlled substance(s) and/or alcohol. The Contractor does hereby further stipulate and agree to comply fully with all Federal, State of New York, City of New York and BOE laws, bylaws, rules, regulations, procedures and policies applicable to the prohibition of consumption of, and testing for, controlled substances and alcohol with respect to its employees and subcontractor employees that affect the safe operation of school bus vehicles as the same currently exist or shall be added, deleted, updated, amended, revised or otherwise changed during the Term of this Contract. The Contractor does hereby further stipulate and agree that compliance with the preceding sentence shall require the Contractor to administer effectively a program of controlled substance and alcohol abuse prevention, training, testing and other services, for portions of which the Contractor may elect to use professional subcontractors. The Contractor shall submit to the BOE for advance and continuing(8) approval by the OPT Director full and detailed written information(9) about every subcontractor that the Contractor shall elect to use to provide controlled substance and alcohol abuse prevention, training, testing and other services under this Contract. The Contractor does hereby further stipulate and agree that, if the OPT Director shall reasonably determine that the reversal, disqualification or other nullification by the BOE, a Federal or State court, the SED and/or any other tribunal of competent jurisdiction of a positive test result for a controlled substance(s) and/or alcohol shall have been caused and/or permitted by the Contractor’s failure and/or refusal to administer effectively a program of controlled substance and alcohol abuse prevention, training, testing and other services, the Contractor shall pay all BOE and/or
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