1. A. The BEP shall, following prior notification to the APOC chairperson, place a BEP Operator on Performance Probation for no longer than six months when the operation of a Business Facility is adversely affected by the deteriorated performance of a BEP Operator.

2. B. Deficiencies shall be identified by:

   1. 1. A substantiated, written and signed complaint from any member of the public that has been filed with the Department; or
   2. 2. The BEP during an onsite inspection.

3. C. The BEP shall provide a written notice to a BEP Operator who is placed on Performance Probation. The notice shall:

   1. 1. State the grounds for the action and shall refer to any applicable agreement sections or legal provisions; and
   2. 2. Identify the corrective action to be taken, the length of the Performance Probation, the consequences of failure to timely complete the corrective action, and notice of right to Appeal.

4. D. At the end of the Performance Probation, the Department shall either:

   1. 1. Issue a written notice of satisfactory completion and termination of the Performance Probation to the BEP Operator if the BEP Operator takes the required corrective action; or
   2. 2. Terminate the Operator’s Agreement after notifying the APOC chairperson if the BEP Operator fails to take the required corrective action as described under R6-4-318.

Historical Note

Adopted effective May 7, 1990 (Supp. 90-2). Amended by final rulemaking at 31 A.A.R. 3921 (October 3, 2025), effective November 2, 2025 (Supp. 25-3).