1. A. The Department shall terminate an Operator’s Agreement:

   1. 1. Under the terms of the Operator’s Agreement;
   2. 2. Due to a BEP Operator’s failure to meet conditions of Initial Probation or Performance Probation;
   3. 3. Upon revocation or surrender of a license;
   4. 4. Upon termination of the Grantor agreement; or
   5. 5. In the event of an Abandoned Facility.

2. B. The BEP, following notification to the APOC chairperson, shall provide a notice of termination of the Operator’s Agreement to a BEP Operator in writing or in person that:

   1. 1. States the grounds for the termination of the BEP Operator’s Agreement;
   2. 2. Refers to any applicable provision of law or agreement; and
   3. 3. Advises the BEP Operator of the right to Appeal the termination of the Operator’s Agreement.
3. C. The BEP shall reconcile all records and inventoried items for which the BEP Operator was responsible upon termination of an Operator’s Agreement. The report of the reconciliation shall be transmitted in writing to the BEP Operator or the BEP Operator’s estate within 90 calendar days from termination of the Operator’s Agreement and shall include notice of the BEP Operator’s right to Appeal.
4. D. Termination of an Operator’s Agreement shall not relieve the BEP Operator of any business obligations existing as of the date of the termination of the BEP Operator’s Agreement.

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).