(a)

1. (1) Upon written notice by the Director of the Division of Environmental Quality or designee to the affected used tire program or grantee, a reimbursement or grant may be suspended or terminated if the director or designee determines that because of the used tire program or grantee’s inability or unwillingness to complete or meet the conditions of the reimbursement or grant, there is just cause for suspending or terminating the reimbursement or grant.
2. (2) The notice shall be sent by certified mail no later than thirty (30) calendar days before the effective date of suspension or termination.

3. (3) The notice shall include:

   1. (A) The director’s decision to suspend or terminate the reimbursement or grant, the date of the director’s decision, and the effective date of the suspension or termination;
   2. (B) A statement giving the explanation for the suspension or termination;
   3. (C) Notice of any applicable conditions;
   4. (D) If the action taken is suspension, a statement that the used tire program or grantee’s failure to address the reasons for suspension in a timely manner may result in termination of the reimbursement or grant; and
   5. (E) A statement that the used tire program or grantee may request an adjudicatory hearing and Arkansas Pollution Control and Ecology Commission review on whether the decision of the director should be reversed or modified.

(b)

1. (1) Suspension shall be for a period of time to be approved by the Division of Environmental Quality after negotiations with the used tire program or grantee, but not to exceed twelve (12) months.
2. (2) During the period of suspension, no funds shall be disbursed to the used tire program or grantee, and the used tire program or grantee must demonstrate to the division’s satisfaction that the reasons for suspension have been addressed and corrected in order for the reimbursement or grant funding to be reinstated.
3. (3) If, at the end of the specified suspension period, the director or designee determines that the used tire program or grantee’s grant project and conditions cannot be continued or completed, the reimbursement or grant shall be automatically terminated and the director or designee shall notify the used tire program or grantee of termination in writing.