In addition to the requirements for licensing vending facility
operators as set forth in Section
10-303-3(a)
through Section
10-303-3(c)
inclusive, of these regulations, this section establishes the standards and
procedures to be used in the transfer, promotion and selection and readmittance
of a vending facility operator to a specific vending facility.
(a)
List of Applicants for Transfer or
Promotion
During February of each year, the board shall compile a new
list of all vendors who express the desire to be considered for transfer or
promotion from one vending facility location to another location that may
become available and who have been approved for placement on such list. Any
vendor who desires to be placed on such list must complete and submit a written
application form to the board requesting such transfer or promotion. The agency
will send out a reminder in December of each year. Such application form is to
be submitted annually during the month of January and shall include the
folllowing information:
(1) the type
of facility requested, such as a dry facility, wet facility, snack bar or
cafeteria;
(2) the vendor's
expected income range;
(3)
geographical preference; and
(4)
qualifying experience and training.
(b)
Approval of Application for
Transfer or Promotion
Approval of vendor's applications to be considered for transfer
or promotion shall be based on the following standards and procedures:
(1) review of each application by the
promotional subcommittee with its comment and recomendations concerning
approval to be given to the full committee of blind vendors;
(2) review of each application and the
recommendation of its promotional subcommittee by the full committee of blind
vendors and its recommendation and comments concerning approval to be given to
the executive director;
(3) review
of such applications, comments, and recommendations by the executive director
for a decision concerning approval by him, or his designee; and
(4) establishment by the executive director
or his designee of an approved list of applicants for promotional or transfer
consideration.
(5) procedures in
parts (1), (2) and (3) to be implemented at a public session of the committee
to which all applicants will be invited. Operator vending facility files may be
reviewed with the signed release of the applicant.
(c)
Criteria for Approval of
Applications for Transfer or Promotion
The following factors shall be used by the committee of blind
vendors and its promotional subcommittee in reviewing applications for
promotion or transfer and by the executive director or his designee in
approving or disapproving requests for transfer or promotion by vending
facility operators:
(1) no vendor who
has been situated in his current vending facility program for less than one
year shall be considered for transfer or promotion except in cases of
hardship;
(2) the
vendor shall have
demonstrated the ability to successfully operate a
vending facility and must
possess a good work record as demonstrated by having:
(A) a satisfactory attendance
record;
(B) maintained the facility
in a neat and orderly fashion;
(C)
timely and accurately completed reports;
(D) shown initiative in the operation of the
facility with sufficient stock levels permitting an efficient operation;
and
(E) having a proven record of
financial stability.
(3)
the vendor's past work experience and/or training has adequately prepared him
to undertake the operation of the type of facility requested;
(4) the vendor's willingness to accept
specialized or advanced training prior to or after transfer or promotion;
and
(5) reassignment will be
considered promotional when the vendor can realize a net gain in excess of
$2,000 per year.
(d)
Notice to Vendor
Upon final decision the executive director or his designee
shall notify each vendor who has applied for consideration for transfer or
promotion of the disposition of his request.
(1) Any vendor who is dissatisfied with the
decision denying him consideration for transfer or promotion shall be given the
opportunity for an administrative review. Written request for such review must
be made within ten (10) days of mailing of the decision. Such request for
administrative review is to be filed in accordance with the provisions for
administrative review set forth in these regulations.
(e)
Selection of Vendor
The following procedures will be used to fill a vacancy in a
vending facility location:
(1) the
executive director or his designee shall automatically consider all vendors on
the approved list of vendors for promotional or transfer consideration to
achieve an appropriate vendor-job match. Such selection to be based on the
seniority of the vending facility operator except in special cases of hardship
or financial need as approved by the committee and the executive
director;
(2) the selected vendor
shall be contacted to determine whether or not placement would be accepted if
offered and be allowed three days from the date of contact to accept or waive
the offer of placement;
(3) if the
offer is waived or if the selected vendor fails to notify the board of
acceptance of the offer within the time allowed, the executive director or his
designee shall follow the procedure set forth in this section of the
regulations to select an alternate approved vendor from the list; and
(4) if appointment of a qualified vendor
cannot be made from the approved list by promotion or transfer, a new vendor
may be assigned to the vending facility.
(f)
Readmittance to the Program
The request of an individual, who has been in the program
previously and seeks readmittance, will be reviewed by the committee for their
recommendation to the executive director based on conformance with these
regulations and prior performance as an operator. Seniority will be based from
the date of the most recent reentry to the program.