Ellensburg Licensing 1905 - Laserfiche WebLink

Home Browse Search

2) Level III Breach -Termination Meeting: Agent will arrange for a Termination Meeting to take place within fourteen (14) calendar days from the date of Subagent's response to the notice of the Level III Breach, unless Agent and Subagent mutually agree upon another date. The Termination Meeting will be in-person unless all parties agree to use a telephonic or web -based meeting. The purpose of the Termination Meeting is to determine the following factors: i. Whether the Subagent agrees or contests, in whole or in part, to the underlying factual elements of each breach, as presented by Agent; ii. Whether Agent needs to engage in further investigation to determine if the breach was caused, permitted, and/or allowed by the Subagent based on facts presented. iii. Whether a temporary suspension of the Agreement will be maintained or implemented during any additional period of investigation, corrective action, and/or decision making. iv. Whether additional meetings are required to determine the ongoing level of compliance. V. Whether the Subagent should be given the opportunity to cure the breach through corrective action, and/or whether the Agreement should be immediately terminated, suspended for a set period, or whether the matter should be reduced to a Level I I Breach. Subagent may waive its appearance at the Termination Meeting by providing written notice to Agent prior to the meeting. Final Decision: Upon conclusion of the Termination Meeting or waiver of said meeting, Agent will issue a written final decision which must include the basis of the decision, and must be issued within ten (10) calendar days of the meeting or waiver. If termination is confirmed, then the Final Decision will immediately terminate this Agreement upon issuance. If a different outcome is determined, then the parties will follow the requirements as set forth in the decision. (d) APPEAL PROCESS Subagent has the right to appeal a Final Decision of an Agent that results in a suspension or a termination. A Level I and Level II Breach, or a temporary suspension during any investigative or corrective action period are not subject to appeal. Notice of Appeal Initiation: Subagent initiates its appeal by sending a written "Notice of Appeal" to the Agreement Manager of the Agent, and to DOL's Vehicle and Vessel Operations Administrator. DOL, pursuant to Policy and Procedure, will forward copies of the "Notice of Appeaf' to the President of the Washington Association of Vehicle Subagents (WAVS), and the President of the Washington State Association of County Auditors (WSACA). Notice of Al2ptal Content: The "Notice of Appeaf' must include four matters: the specific determination that is being appealed, the reason the appeal is being made (why Subagent feels the final decision is improper), • the Subagent's statement of facts and evidence that supports its basis for its appeal, and • the specific relief or alternative final decision that is being sought. Failure to properly include all four of the above content may result in the Subagent's appeal being rejected by the Review Board, prior to further application of the review process. County Agent/Subagent Contract- Page 10 of 28 Version: January 2020 Agent/Subagent Agreement County VLO #VO1905