Common use of HEARING/APPEAL Clause in Contracts

HEARING/APPEAL. A. In the event the SBSD serves the Operator with a written reprimand or suspension, the Operator may request a hearing within seven calendar days by submitting a request in writing to the Local Station Commander. If a hearing is requested, it shall be held as soon as practicable. The hearing shall be conducted by the Local Station Commander or his/her designee, and the Operator shall be entitled to present all relevant facts and circumstances in support of his/her position. The Operator shall be further entitled to present testimony of at least one representative of a tow truck association or other qualified person. The hearing shall be recorded. The Operator shall be notified in writing of the decision of the Local Station Commander, within 10 business days of the date of completion of the hearing. B. Following a hearing, if the Operator is dissatisfied with the Local Station Commander’s decision, the Operator may request an appeal (as defined in Attachment A) by submitting a request in writing to the regional deputy chief for the affected region within 7 calendar days. If an appeal is requested, an appellate hearing shall be held as soon as practicable. The appeal shall be conducted by the regional deputy chief or his/her designee of equal rank. The Operator shall have the same rights as those provided at the local station level, except only newly discovered evidence may be presented, along with argument, at the appellate hearing. This hearing shall also be recorded. The Operator shall be notified in writing of the decision of the regional deputy chief within 10 business days of the date of the appeal. The regional deputy chief’s decision shall be subject to no further administrative appeal. C. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of Operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates the terms and conditions of the SBSD TSA. If an Operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the Local Station Commander shall be final and the suspension shall take effect upon written notification to the Operator by the Local Station Commander. If the suspension takes them past the required application period then the Operator may apply to be on the rotation tow list, but will not be reinstated until the suspension is complete.

HEARING/APPEAL. A. In A hearing shall be granted, upon an operator’s request, within ten (10) calendar days, for any of the event following circumstances: 1) Operator is served with disciplinary action. 2) Denial of an operator’s rotation tow application (CHP 234A) or an operator/driver application (CHP 234F). B. The Area commander shall provide written notification to the SBSD serves the Operator with a written reprimand or suspension, the Operator may request operator requesting a hearing within seven calendar days by submitting a indicating acknowledgement of the hearing request in writing to the Local Station Commander. If and a hearing is requested, it date assigned. C. A hearing shall be held as soon as practicable. . D. The hearing shall be conducted by the Local Station Commander Area commander or his/her designee, and the Operator operator shall be entitled to present all relevant facts and circumstances in support of his/her the operator’s position. . 1) The Operator operator shall be further entitled to present testimony of at least one representative of a tow truck association qualified person (i.e., representation by counsel or other qualified person. attorney). E. The hearing shall be recorded. The Operator operator shall be notified in writing of the decision of the Local Station Commander, Area commander’s decision(s) within 10 ten (10) business days of the date of completion of the hearing. B. Following a hearingF. Upon receipt of the Area commander’s written hearing decision, if the Operator operator is dissatisfied with the Local Station Commander’s decisiondecision(s), the Operator operator may request an appeal (as defined in Attachment A) by submitting a written request in writing to the regional deputy chief for CHP Division commander within ten (10) business days. G. The appeal shall be conducted by the affected region within 7 calendar days. If an appeal is requested, an appellate hearing Division commander or designee and shall be held as soon as practicable. . H. The Division commander shall provide written notification to the operator requesting an appeal shall be conducted by indicating acknowledgement of the regional deputy chief or his/her designee of equal rank. appeal request and an appeal date assigned. 1) The Operator operator shall have the same rights as those provided afforded at the local station Area level, except only newly discovered evidence may be presented, along with argument, at the appellate hearing. This hearing shall also be recorded. . 2) The Operator operator shall be notified in writing of the decision of the regional deputy chief Division commander’s decision(s) within 10 ten (10) business days of the date of the appeal. . 3) The regional deputy chiefDivision commander’s decision decision(s) shall be subject to no further administrative appeal. C. A suspension I. Disciplinary action shall not take effect until the hearing and appeal process has been exhausted, with the exception of Operators operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates who continue to violate the terms and conditions of the SBSD this TSA. . J. If an Operator operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the Local Station Commander CHP Area commander shall be final and the suspension disciplinary action shall take effect upon written notification to the Operator operator by the Local Station Commander. If the suspension takes them past the required application period then the Operator may apply to be on the rotation tow list, but will not be reinstated until the suspension is completeArea commander.

HEARING/APPEAL. ‌ A. In the event the SBSD RCPD serves the Operator with a written reprimand or suspension, the Operator may request a hearing within seven calendar days by submitting a request in writing to the Local Station CommanderChief of Police. If a hearing is requested, it shall be held as soon as practicable. The hearing shall be conducted by the Local Station Commander Chief of Police or his/her designee, and the Operator shall be entitled to present all relevant facts and circumstances in support of his/her position. The Operator shall be further entitled to present testimony of at least one representative of a tow truck association or other qualified person. The hearing shall be recorded. The Operator shall be notified in writing of the decision of the Local Station CommanderChief of Police, within 10 business days of the date of completion of the hearing. B. Following a hearing, if the Operator is dissatisfied with the Local Station CommanderChief of Police’s decision, the Operator may request an appeal (as defined in Attachment A) by submitting a request in writing to the regional deputy chief for the affected region City Manager or his/her designee within 7 calendar days. If an appeal is requested, an appellate hearing shall be held as soon as practicable. The appeal shall be conducted by the regional deputy chief City Manager or his/her designee of equal rankdesignee. The Operator shall have the same rights as those provided at the local station levelearlier proceeding, except only newly discovered evidence may be presented, along with argument, at the appellate hearing. This hearing shall also be recorded. The Operator shall be notified in writing of the decision of the regional deputy chief City Manager or his/her designee within 10 business days of the date of the appeal. The regional deputy chiefCity Manager or his/her designee’s decision shall be final and not subject to no any further administrative appeal. C. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of Operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates the terms and conditions of the SBSD TSA. If an Operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the Local Station Commander Chief of Police shall be final and the suspension shall take effect upon written notification to the Operator by the Local Station CommanderChief of Police. If the suspension takes them past the required application period then the Operator may apply to be on the rotation tow list, but will not be reinstated until the suspension is complete.

HEARING/APPEAL. A. In the event the SBSD VPD serves the Operator operator with a written reprimand or suspension, the Operator operator may request a hearing within seven calendar days by submitting a request in writing to the Local Station CommanderVPD towing officer. If a hearing is requested, it shall be held as soon as practicable. The hearing shall be conducted by the Local Station Commander or his/her designee, and the Operator VPD towing officer. The operator shall be entitled to present all relevant facts and circumstances in support of his/his or her position. The Operator operator shall be further entitled to present testimony of at least one representative (as defined in Attachment A) of a tow truck association or other qualified person. The hearing shall be recorded. The Operator operator shall be notified in writing of the decision of the Local Station CommanderVPD towing officer, within 10 ten business days of the date of completion of the hearing. B. Following a hearing, if the Operator operator is dissatisfied with the Local Station CommanderVPD towing officer’s decision, the Operator operator may request an appeal (as defined in Attachment A) by submitting a request in writing to the regional deputy chief for the affected region VPD Traffic Division Commander within 7 seven calendar days. If an appeal is requested, an appellate hearing it shall be held as soon as practicable. The appeal shall be conducted by the regional deputy chief Traffic Division commander or his/his or her designee of equal rankdesignee. The Operator operator shall have the same rights as those provided at the local station level, except only newly discovered evidence may be presented, along with argument, at the appellate hearing. This hearing shall also be recordedabove. The Operator operator shall be notified in writing of the decision of the regional deputy chief Division Commander within 10 ten business days of the date of the appeal. The regional deputy chief’s Division Commander's decision shall be subject to no further administrative appeal. C. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of Operators operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates the terms and conditions of the SBSD TSAVPD Tow Service Agreement. If an Operator operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the Local Station Commander VPD tow officer shall be final and the suspension shall take effect upon written notification to the Operator operator by the Local Station Commander. If the suspension takes them past the required application period then the Operator may apply to be on the rotation VPD tow list, but will not be reinstated until the suspension is completeofficer.

HEARING/APPEAL. A. In A hearing shall be granted, upon an operator’s request, within ten (10) calendar days, for any of the event following circumstances: 1) Operator is served with disciplinary action. 2) Denial of an operator’s rotation tow application (CHP 234A) or an operator/driver application (CHP 234F). B. The Area commander shall provide written notification to the SBSD serves the Operator with a written reprimand or suspension, the Operator may request operator requesting a hearing within seven calendar days by submitting a indicating acknowledgement of the hearing request in writing to the Local Station Commander. If and a hearing is requested, it date assigned. C. A hearing shall be held as soon as practicable. . D. The hearing shall be conducted by the Local Station Commander Area commander or his/her designee, and the Operator operator shall be entitled to present all relevant facts and circumstances in support of his/her the operator’s position. . 1) The Operator operator shall be further entitled to present testimony of at least one representative of a tow truck association qualified person (i.e., representation by counsel or other qualified person. attorney). E. The hearing shall be recorded. The Operator operator shall be notified in writing of the decision of the Local Station Commander, Area commander’s decision(s) within 10 ten (10) business days of the date of completion of the hearing. B. Following a hearingF. Upon receipt of the Area commander’s written hearing decision, if the Operator operator is dissatisfied with the Local Station Commander’s decisiondecision(s), the Operator operator may request an appeal (as defined in Attachment A) by submitting a written request in writing to the regional deputy chief for CHP Division commander within ten (10) business days. G. The appeal shall be conducted by the affected region within 7 calendar days. If an appeal is requested, an appellate hearing Division commander or designee and shall be held as soon as practicable. . H. The Division commander shall provide written notification to the operator requesting an appeal shall be conducted by indicating acknowledgement of the regional deputy chief or his/her designee of equal rank. appeal request and an appeal date assigned.‌‌ 1) The Operator operator shall have the same rights as those provided afforded at the local station Area level, except only newly discovered evidence may be presented, along with argument, at the appellate hearing. This hearing shall also be recorded. . 2) The Operator operator shall be notified in writing of the decision of the regional deputy chief Division commander’s decision(s) within 10 ten (10) business days of the date of the appeal. . 3) The regional deputy chiefDivision commander’s decision decision(s) shall be subject to no further administrative appeal. C. A suspension I. Disciplinary action shall not take effect until the hearing and appeal process has been exhausted, with the exception of Operators operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates who continue to violate the terms and conditions of the SBSD this TSA. . J. If an Operator operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the Local Station Commander CHP Area commander shall be final and the suspension disciplinary action shall take effect upon written notification to the Operator operator by the Local Station Commander. If the suspension takes them past the required application period then the Operator may apply to be on the rotation tow list, but will not be reinstated until the suspension is completeArea commander.

HEARING/APPEAL. A. In the event the SBSD serves the Operator operator with a written reprimand or suspension, the Operator operator may request a hearing within seven calendar days by submitting a request in writing to the Local Station Commanderlocal station commander. If a hearing is requested, it shall be held as soon as practicable. The hearing shall be conducted by the Local Station Commander local station commander or his/her designee, and the Operator operator shall be entitled to present all relevant facts and circumstances in support of his/her position. The Operator operator shall be further entitled to present testimony of at least one representative of a tow truck association or other qualified person. The hearing shall be recorded. The Operator operator shall be notified in writing of the decision of the Local Station Commanderlocal station commander, within 10 business days of the date of completion of the hearing. B. Following a hearing, if the Operator operator is dissatisfied with the Local Station Commanderlocal station commander’s decision, the Operator operator may request an appeal (as defined in Attachment A) by submitting a request in writing to the regional deputy chief for the affected region within 7 calendar days. If an appeal is requested, an appellate hearing shall be held as soon as practicable. The appeal shall be conducted by the regional deputy chief or his/her designee of equal rank. The Operator operator shall have the same rights as those provided at the local station level, except only newly discovered evidence may be presented, along with argument, at the appellate hearing. This hearing shall also be recorded. The Operator operator shall be notified in writing of the decision of the regional deputy chief within 10 business days of the date of the appeal. The regional deputy chief’s decision shall be subject to no further administrative appeal. C. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of Operators operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates the terms and conditions of the SBSD TSA. If an Operator operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the Local Station Commander local station commander shall be final and the suspension shall take effect upon written notification to the Operator operator by the Local Station Commander. If the suspension takes them past the required application period then the Operator may apply to be on the rotation tow list, but will not be reinstated until the suspension is completelocal station commander.