Sec. 190.7. Termination of towing contracts

(a) Termination for regulatory violation.

The department may terminate any contract awarded pursuant to this Part upon a finding of a violation of the terms of the contract, violation of these regulations, violations of law, or other incapacity. Contracts can be terminated whenever it is found that the contractor has failed to comply with the qualifications herein, or in its contract, or has fallen below these qualifications. Grounds for termination shall include, but shall not be limited to: charging in excess of the authorized schedule, failure to timely respond to towing calls, unsafe practices, failure to maintain proper insurance and failure to timely submit contract fee. No refund of fee shall be made to a contractor upon such termination or suspension.

(b) Termination in the public interest.

The Department of Transportation is empowered to terminate any contract at any time without a specific finding of regulatory violation whenever it believes that the public interest or safety would better be served by such termination. However, in such case, the department shall refund to contractor, on a pro rata basis, that portion of the fee paid by the contractor for the period of termination.

(c) If any contract is terminated under this section, the Department of Transportation may make such interim arrangements as may be necessary for the protection of public safety, pending award of another contract pursuant to these regulations.