Common use of Violation Processing Clause in Contracts

Violation Processing. (a) Subject to the limitations of applicable Law, TSP shall perform all functions necessary to process and enforce toll violations recorded by the BOS in accordance with the applicable provisions of TR Sections CS and BO, the approved Business Rules, and the CSC Operations Plan. The Business Rules shall establish procedures pursuant to which the TSP shall administer and process all hearings and appeals and support collection of Violations through administrative hearings or traffic courts in the State and the Commonwealth. The TSP shall consult with the Joint Board promptly upon receipt of any Violator’s request for administrative review, and shall notify the Joint Board of egregious, chronic violators (as such concepts are articulated or defined through the Business Rules or Joint Board policy), and shall periodically provide a list of such violators to the State and the Commonwealth as provided in the TR. The Joint Board shall have sole discretion to direct that the TSP proceed with or settle any such matter. (b) If TSP charges a toll, fine or penalty in excess of the applicable rate set forth in the then effective Business Rules, the amount by which the actual charge exceeds the established toll, fine or penalty shall constitute an overcharge. An overcharge shall be returned to the toll customer, where possible, and otherwise shall become the property of the Joint Board. The procedure for refunding overcharges shall be specified in the approved Business Rules consistent with TR Section FR. The Business Rules shall define circumstances in which the Joint Board shall authorize the reduction, compromise and settlement of amounts owed to the Joint Board by Violators. Any reduction, compromise and settlement of an amount owed to the Joint Board in circumstances other than those defined as preauthorized in the Business Rules shall be subject to the Joint Board’s prior written approval. If TSP charges a Violator a toll, fine or penalty which is less than the applicable rate set forth in the then effective Business Rules, or is short of funds in its daily reconciliation, then, unless such reduction was attributable to circumstances defined to be preauthorized by the Joint Board, or TSP obtains the Joint Board’s prior written consent to compromise a claim, the amount by which the actual charge or deposit is less than the authorized charge or deposit shall constitute a shortage, and an amount equal to the shortage shall be promptly deposited by TSP into the Custodian Account. If such deposit is not made, the Joint Board shall be authorized to deduct the amount of such shortage from its payment of sums otherwise owing to the TSP pursuant to this Contract. In the event of any discrepancy between the Joint Board’s and TSP’s records regarding the number and types of Violations, the Joint Board’s records shall control, subject to dispute resolution pursuant to Section 19.

Violation Processing. (a) Subject to the limitations of applicable Law, TSP shall perform all functions necessary to process and enforce toll violations recorded by the BOS in accordance with the applicable provisions of TR Sections CS and BO, the approved Business Rules, and the CSC Operations Plan. The Business Rules shall establish procedures pursuant to which the TSP shall administer and process all hearings and appeals and support collection of Violations through administrative hearings or traffic courts in the State and the Commonwealth. The TSP shall consult with the Joint Board promptly upon receipt of any Violator’s request for administrative review, and shall notify the Joint Board of egregious, chronic violators (as such concepts are articulated or defined through the Business Rules or Joint Board policy)violators, and shall periodically provide a list of such violators to the State and the Commonwealth as provided in the TR. The Joint Board shall have sole discretion to direct that the TSP proceed with or settle any such matter. (b) If TSP charges a toll, fine or penalty in excess of the applicable rate set forth in the then effective Business Rules, the amount by which the actual charge exceeds the established toll, fine or penalty shall constitute an overcharge. An overcharge shall be returned to the toll customer, where possible, and otherwise shall become the property of the Joint Board. The procedure for refunding overcharges shall be specified in the approved Business Rules consistent with TR Section FR. The Business Rules shall define circumstances in which the Joint Board shall authorize the reduction, compromise and settlement of amounts owed to the Joint Board by Violators. Any reduction, compromise and settlement of an amount owed to the Joint Board in circumstances other than those defined as preauthorized in the Business Rules shall be subject to the Joint Board’s prior written approval. If TSP charges a Violator a toll, fine or penalty which is less than the applicable rate set forth in the then effective Business Rules, or is short of funds in its daily reconciliation, then, unless such reduction was attributable to circumstances defined to be preauthorized by the Joint Board, or TSP obtains the Joint Board’s prior written consent to compromise a claim, the amount by which the actual charge or deposit is less than the authorized charge or deposit shall constitute a shortage, and an amount equal to the shortage shall be promptly deposited by TSP into the Custodian Account. If such deposit is not made, the Joint Board shall be authorized to deduct the amount of such shortage from its payment of sums otherwise owing to the TSP pursuant to this Contract. In the event of any discrepancy between the Joint Board’s and TSP’s records regarding the number and types of Violations, the Joint Board’s records shall control, subject to dispute resolution pursuant to Section 19.

Violation Processing. (a) Subject to the limitations of applicable Law, TSP shall perform all functions necessary to process and enforce toll violations recorded by the BOS in accordance with the applicable provisions of TR Sections CS and BO, the approved Business Rules, and the CSC Operations Plan. The Business Rules shall establish procedures pursuant to which the TSP shall administer and process all hearings and appeals and support collection of Violations through administrative hearings or traffic courts in the State and the Commonwealth. The TSP shall consult with the Joint Board promptly upon receipt of any Violator’s request for administrative review, and shall notify the Joint Board of egregious, chronic violators (as such concepts are articulated or defined through the Business Rules or Joint Board policy), and shall periodically provide a list of such violators to the State and the Commonwealth as provided in the TR. The Joint Board shall have sole discretion to direct that the TSP proceed with or settle any such matter. (b) If TSP charges a toll, fine or penalty in excess of the applicable rate set forth in the then effective Business Rules, the amount by which the actual charge exceeds the established toll, fine or penalty shall constitute an overcharge. An overcharge shall be returned to the toll customer, where possible, and otherwise shall become the property of the Joint Board. The procedure for refunding overcharges shall be specified in the approved Business Rules consistent with TR Section FR. The Business Rules shall define circumstances in which the Joint Board shall authorize the reduction, compromise and settlement of amounts owed to the Joint Board by Violators. Any reduction, compromise and settlement of an amount owed to the Joint Board in circumstances other than those defined as preauthorized in the Business Rules shall be subject to the Joint Board’s prior written approval. If TSP charges a Violator a toll, fine or penalty which is less than the applicable rate set forth in the then effective Business Indiana Finance Authority/Joint Board 25. Toll Services Agreement LSIORB Toll Services Project Execution Version Rules, or is short of funds in its daily reconciliation, then, unless such reduction was attributable to circumstances defined to be preauthorized by the Joint Board, or TSP obtains the Joint Board’s prior written consent to compromise a claim, the amount by which the actual charge or deposit is less than the authorized charge or deposit shall constitute a shortage, and an amount equal to the shortage shall be promptly deposited by TSP into the Custodian Account. If such deposit is not made, the Joint Board shall be authorized to deduct the amount of such shortage from its payment of sums otherwise owing to the TSP pursuant to this Contract. In the event of any discrepancy between the Joint Board’s and TSP’s records regarding the number and types of Violations, the Joint Board’s records shall control, subject to dispute resolution pursuant to Section 19.