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22. DISCIPLINARY ACTION <br /> A. Disciplinary action includes, but is not limited to, written reprimand, suspension, denial <br /> of an application, or termination from the Rotation Tow Program. <br /> B. The Special Operations Commander shall take disciplinary action against an Operator for <br /> violations that have been investigated and sustained. Furthermore, the Operator agrees <br /> that failure by the Operator to comply with the terms and conditions of the TSA shall be <br /> cause for disciplinary action. <br /> 1) The Special Operations Commander shall retain discretion regarding the type and <br /> length of any disciplinary action imposed pursuant to the terms and conditions of <br /> the TSA. <br /> C. Nothing shall preclude the PPD from taking the appropriate enforcement or <br /> administrative action for any violations of law. <br /> D. Nothing shall preclude the Special Operations Commander from immediately <br /> suspending, terminating or denying an application of any Operator whose conduct, in <br /> the opinion of the Special Operations Commander, is deemed to be a danger to the <br /> motoring public (for example, a registered sex offender) or who has engaged in conduct <br /> constituting a violation of the TSA. <br /> E. Records of violations shall be retained by the PPD for 36 months. <br /> F. Any unsatisfactory rating based upon any safety violation of the Biennial Inspection of <br /> Terminals (BIT) Program shall be cause for suspension. Any unsatisfactory rating based <br /> on any other violation of the BIT Program may be cause for suspension. The suspension <br /> shall remain in effect until the period of suspension is completed, the Operator has <br /> presented proof of compliance with the BIT requirements and the Special Operations <br /> Commander has notified the Operator in writing the suspension has concluded. <br /> G. Failure of an Operator to maintain the minimum insurance requirements set forth in the <br /> TSA shall immediately terminate the TSA as to that Operator. The Operator shall be <br /> subject to an additional suspension period for the failure to notify the PPD 30 calendar <br /> days in advance of the insurance policy expiration or cancellation. <br /> H. Failure of an Operator to comply with Section 18 (Demeanor and Conduct) and/or <br /> Section 20 (Compliance with Law) may be cause for suspension if deemed appropriate <br /> by the Special Operations Commander. <br /> 2011-2013 TSA Page 26 of 30 <br />