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24.HEARING/APPEAL <br /> A. In the event the Special Operations Commander notifies an Operator of disciplinary <br /> action,the Operator may request a hearing within seven calendar days by submitting a <br /> request in writing to the Special Operations Commander. If a hearing is requested, the <br /> hearing shall be held as soon as practicable but no more than 30 calendar days from the <br /> date the hearing was requested. <br /> B. The hearing shall be conducted by the Special Operations Commander and the Operator <br /> shall be entitled to present all relevant facts and circumstances in support of the <br /> Operator's position. <br /> C. The Operator shall be entitled to present evidence, including, but not limited to, <br /> testimony of at least one person. The hearing shall be informal. The Special Operations <br /> Commander shall determine the issue. <br /> D. The Operator shall be notified in writing of the Special Operations Commander's <br /> decision(s) within ten business days of the date of the completion of the hearing. <br /> E. Following the hearing, if the Operator is dissatisfied with the Special Operations <br /> Commander's decision(s), the Operator may appeal by submitting a request in writing to <br /> the Police Chief within seven calendar days. If an appeal is requested, it shall be held as <br /> soon as practicable, but no more than 30 calendar days from the date the appeal was <br /> filed. The Operations Division Commander shall give the Operator written notice of the <br /> time and place of the hearing at least ten calendar days prior to the date of the hearing, <br /> either by causing a copy of the notice to be delivered to the Operator personally or by <br /> certified mail addressed to the Operator at the address shown on the appeal. The <br /> appeal shall be conducted by the Operations Division Commander. The Operator shall <br /> have the same rights as those listed above. The Operator shall be notified in writing of <br /> the decision(s)of the Police Chief within ten business days of the date of the appeal. <br /> Participation by the Operator in the PPD Rotation Tow Program is a privilege, not a right. <br /> The Operator waives any further administrative appeal(s) rights upon notification of the <br /> Operations Division Commander's decision. <br /> F. A suspension shall not take effect until the hearing and appeal process, if an appeal was <br /> filed, as set forth above has been exhausted, with exception of the Operators whose <br /> conduct is deemed to be a danger to the motoring public or who continue to violate the <br /> terms and 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 <br /> appear at a scheduled hearing or appeal,the action taken by the Special Operations <br /> Commander shall be final and the disciplinary action shall take effect upon written <br /> notification to the Operator by the Special Operations Commander without further <br /> appeal. <br /> 2011-2013 TSA Page 28 of 30 <br />