Cal. Code Regs. tit. 9 § 7214.1

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 7214.1 - Application Requirements and the Application Process

(a) Licensees and vendors who are applying to operate a vending facility shall submit a completed DR 462, Vending Facility Application (Rev. 07/07), incorporated by reference herein, to the BEP. The licensee or vendor may submit an application in an alternative form, as long as the application contains all information required by the DR 462, Vending Facility Application (Rev. 07/07). The completed application may be delivered to the BEP by mail, electronic mail, facsimile, or personal delivery. Applications must be postmarked or date stamped by the Department on or before the final filing date in order to be accepted.

(b) A vendor currently operating a vending facility on a permanent basis must have operated that vending for at least 183 calendar days before the final filing date on the DR 460, Vending Facility Announcement (Rev. 09/09), incorporated by reference herein, to be eligible to submit an application to operate a different vending facility.

(c) The application requirements established in subsection (b) herein may be waived by the BEP Manager after notification to the California Vendors Policy Committee (CVPC) of the waiver for the following reasons:

(1) The vendor can demonstrate that the current vending facility he or she was selected for and assigned to operate was not opened within a reasonable period of time due to delays beyond the vendor's control; or

(2) The vendor can demonstrate that he or she was unable to remain at his or her vending facility for at least 183 days due to circumstances beyond the vendor's control.

(d) Grounds for immediate disqualification of an applicant include any one of the following:

(1) Failure to submit all required information on the DR 462, Vending Facility Application (Rev. 07/07) or on an application submitted in an alternative format.

(2) Failure to submit the application by the final filing date.

(3) Failure to comply with the provisions of subsection (b) herein, absent a waiver specified in subsection (c) herein.

(4) Failure to provide all requested information.

(5) Failure to appear at the designated time and date for the interview.

(6) Failure to pass any criminal or other background check required by the contracting agency.

(e) In addition to the grounds for immediate disqualification of an applicant established in subsection (d) herein, the BEP shall disqualify an applicant who owes the BEP monies, including, but not limited to, set-aside fees, payment for workers' compensation or liability insurance, and penalties, with the exception of subsection (e)(2) herein, or has any outstanding DR 478, Vendor's Monthly Operating Report (Rev. 06/16), incorporated by reference herein.

(1) The Department's Accounting Office shall verify that each applicant who is a vendor is not delinquent in the submission of any DR 478, Vendor's Monthly Operating Report (Rev. 06/16), or payment of set-aside fees, penalties, or insurance payments. If the vendor is found to be delinquent on any of these payments, he or she may satisfy the delinquency by paying the amount of the delinquency in full, in the form of a cashier's check or money order, no later than five calendar days before the date of his or her interview. The applicant shall bring evidence of recent payment to the interview to avoid any potential disqualification.

(2) A vendor's application shall not be disqualified because the vendor is delinquent on, or has outstanding, payments of money owed to the BEP, if the amount of the delinquent payment is less than $100 or the amount owed has been delinquent for less than 60 calendar days from the final filing date specified on the DR 460, Vending Facility Announcement (Rev. 09/09).

(f) The BEP shall mail a DR 461, Notification of Selection Committee for Vending Facilities Meeting (Rev. 09/09), incorporated by reference herein, to each qualified applicant. This notice shall be sent at least 15 calendar days before the date of the interview specified in the notice. A scheduled time for a walkthrough of the available vending facility by prospective vendors shall be included in the notice, and the walkthrough shall occur at least seven days before the interview date specified in the notice. The BEP may schedule the walkthrough of the available vending facility, after consultation with the CVPC.

(g) The DR 461, Notification of Selection Committee for Vending Facilities Meeting (Rev. 09/09) must include, but is not limited to, the following information:

(1) The status of the application (i.e., accepted/qualified or rejected/disqualified). If the application is rejected, the reason(s) for rejection shall be stated, including, but not limited to: failure to meet the requirements of subsection (b) herein, absent a waiver specified in subsection (c) herein, or grounds specified in subsections (d) and (e) herein.

(2) Notice that any applicant may withdraw his or her application by notifying the Selection Coordinator in writing no later than five calendar days before the scheduled date for the Selection Committee for Vending Facilities Meeting.

(3) The date and time for the walkthrough specified in (f) herein.

(4) The date, time, and location of the Selection Committee for Vending Facilities Meeting, including the time of the applicant's interview.

(5) Notice that a vendor who is an applicant may not participate in a selection interview unless he or she pays any delinquent or outstanding payments as specified in subsection (e) herein, or files any delinquent or outstanding DR478, Vendor's Monthly Operating Report (Rev. 06/16).

(h) If the applicant does not appear at the date and time specified on the DR 461, Notification of Selection Committee for Vending Facilities Meeting (Rev. 09/09) and fails to give the notification specified in subsection (g)(2) herein, the applicant shall be subject to the restrictions specified in Section 7214.4(a) of these regulations.

Cal. Code Regs. Tit. 9, § 7214.1

1. New section filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
2. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).
3. Change without regulatory effect amending subsection (a) filed 1-14-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 3).
4. Amendment of subsections (e)-(e)(1) and (g)(5) filed 10-18-2017; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2017, No. 42).

Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107, 107a(a)(5), 107a(b), 107a(e), 107b(3) and 107b-1(3); 34 CFR Sections 395.1(i), 395.2, 395.3(a)(4), 395.5, 395.7, 395.9 and 395.14(b); and Sections 19011, 19625, 19629 and 19638(b), Welfare and Institutions Code.