Ala. Admin. Code r. 795-7-3-.04 - Temporary Assignments

(1) If circumstances require, the SLA may place a facility under temporary management. A BEP representative shall select the person assigned to a facility on a temporary basis. Temporary assignments shall be selected from the following order:

(a) displaced vendors,

(b) temporarily displaced vendors,

(c) licensed vendors who have suffered a 25% loss of average gross income as reported in the previous year due to no fault of their own,

(d) licensees, or

(e) others. Individuals selected for temporary assignments shall be in good standing with BEP. As a last resort, a BEP representative may secure approval from the SLA to place someone who is not a vendor or licensee in the temporary assignment. All sales, expenses, and income records derived from a temporary assignment shall be maintained and reported separately from those incurred in a vendor's permanent facility.

(2) All temporary operators must sign a standard temporary operating agreement. The temporary operating agreement will clearly define the responsibilities of the SLA and the operator with respect to the terms and conditions governing the effective and efficient operation of the facility. A copy of initial inventory will be provided. All temporary operators must abide by and comply with the rules and regulations governing BEP.

(3) A temporary agreement will be in effect until a permanent vendor is assigned. A temporary agreement shall extend for an initial period of not greater than 90 days and, at the option of the SLA, may be extended. Either party upon the receipt of a ten-day written notice may cancel a temporary agreement.

(4) At each quarterly meeting the SLA shall provide a list of all BEP facilities being operated on a temporary basis to the Elected Committee of Blind Vendors. The list shall include:

(a) the name of the temporary operator;

(b) the date on which the facility began operations with a temporary operator.

Notes

Ala. Admin. Code r. 795-7-3-.04

New Rule: Filed January 19, 2000; effective February 23, 2000. Amended (Rule No. Only): Filed June 9, 2006; effective July 14, 2006. Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017, eff. 4/20/2017.

Rule was previously 795-7-3-.03 and renumbered to 795-7-3-.04 as per certification filed June 9, 2006; effective July 14, 2006.

Authors: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors

Statutory Authority: Code of Ala. 1975, §§ 21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.