Ariz. Admin. Code § R6-4-315 - Performance Probation

A. When the operation of a business facility is adversely affected by the deteriorated performance of the BEP operator, the operator shall be placed on performance probation by the BEP, following prior notification to the APOC chairman, for no longer than six months.

B. Deficiencies shall be identified as follows:

1. By a substantiated, written and signed complaint from any member of the public which has been filed with the Department; or

2. By the BEP during onsite inspections.

C. An operator shall be given written notice of placement on performance probation by certified mail, return receipt requested, or in person. The notice shall state the grounds for the action and shall refer to any applicable agreement sections or legal provisions. It shall identify the corrective action to be taken, the length of the probation, the consequences of failure to timely complete the corrective action, and notice of right to appeal.

D. At the end of the performance probation period:

1. If the required corrective actions have been taken by the BEP operator, written notice of satisfactory completion and lifting of probation shall be immediately issued by the Department;

2. If the required corrective actions have not been taken by the BEP operator, the Department, following notification to the APOC chairman, shall terminate the operator's agreement.

Notes

Ariz. Admin. Code § R6-4-315

Adopted effective May 7, 1990 (Supp. 90-2).