Section 571.14.7. Suspension or termination for cause.

       14.7(1) Emergency suspension. If the department determines that continued operation of the concession presents an immediate hazard to the public health, safety or welfare or is in violation of any state law or policy, the department may immediately suspend the contract by notice procedures described in the contract. The notice shall contain specific reasons for the emergency suspension.

The department may enforce the suspension by physically closing the concession premises. The department may assign employees to operate any part of a concession which the department determines should be opened during a suspension in order to provide continued services for park users.

If possible, the concessionaire may take action to correct the hazardous situation and request reinstatement of the contract if the department agrees that a hazardous situation no longer exists.

       14.7(2) Termination of contract. The department may terminate the contract for one or more of the following reasons:

        a.           Failure to correct a hazardous condition within a reasonable time specified in the notice of emergency termination.

        b.           Nonconformance with the stipulations of the contract including payment of fees.

        c.           Unsatisfactory performance of the concessionaire.

Upon notice of termination of the contract, the concessionaire may request a hearing under the provisions of natural resource commission rules 571—Chapter 7.