Cal. Code Regs. tit. 9 § 7214.3

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

Section 7214.3 - Selection Committee for Vending Facilities; Selection Coordinator; Committee Chairperson; Selection Process

(a) The selection of a licensee or vendor to operate a vending facility shall be made by a Selection Committee for Vending Facilities, as defined in Section 7211(a)(40) of these regulations. The Selection Committee for Vending Facilities shall consist of three representatives of the contracting agency, as defined in Section 7211(a)(12) of these regulations, unless a written waiver stating that the Selection Committee for Vending Facilities shall consist of less than three representatives has been signed by the individual responsible for representing the contracting agency. If the contracting agency chooses not to be represented, the Selection Committee for Vending Facilities members shall be individuals with administrative or managerial experience in food service recruited by the Business Enterprises Program for the Blind, herein BEP, who do not work for the BEP.

(1) The contracting agency may reverse its decision not to be represented until such time as all three members of the Selection Committee for Vending Facilities recruited by the BEP have agreed to serve.

(b) Members of the Selection Committee for Vending Facilities shall:

(1) Be present at each applicant selection interview.

(2) Comply with any instructions from the Selection Coordinator and the Selection Committee Chairperson.

(3) Ask only questions developed by the Selection Committee and approved by the Selection Coordinator.

(4) Score each applicant fairly and consistently.

(5) Not solicit opinions from the Selection Coordinator regarding a particular applicant.

(6) Not discuss the scores of any applicant prior to announcement of the results of the selection process. Any contacts with applicants following selection interviews shall only be made by the Selection Coordinator.

(c) The Selection Coordinator, as defined in Section 7211(a)(41) of these regulations, shall serve as a non-scoring facilitator and coordinator for the Selection Committee for Vending Facilities. The Selection Coordinator shall:

(1) Contact a representative of the contracting agency and request the contracting agency identify the person who shall serve as the Selection Committee for Vending Facilities Chairperson and assist in establishing the Selection Committee for Vending Facilities.

(2) If the contracting agency declines to participate in the selection process, assist in the recruitment of Selection Committee for Vending Facilities members and, if necessary, assist members to select a Chairperson.

(3) Provide orientation to Selection Committee for Vending Facilities members and provide any needed materials.

(4) Not offer any opinions as to any applicants at any time.

(5) Prior to the commencement of selection interviews, advise members of the Selection Committee for Vending Facilities that the selection process must remain confidential, and that members may not discuss the substance of selection interviews of applicants with anyone either during or after the completion of the selection process, except other members of the Selection Committee for Vending Facilities, and that the applicant selected is not to be discussed with anyone other than members of the Selection Committee for Vending Facilities until results are released under conditions specified in subsection (d) herein.

(6) Prior to the commencement of selection interviews, advise applicants that:

(A) All information contained in the applicant's resume and business plan and any other statements made by the applicant during the selection interview are subject to confirmation by the contracting agency prior to a final decision by the Selection Committee for Vending Facilities.

(B) Each applicant's selection interview is being recorded by the Department for administrative purposes.

(C) On request, the Department shall record the applicant's selection interview for his or her personal use. The applicant must provide a blank cassette tape for this purpose.

(D) If the applicant later requests an administrative review and/or a full evidentiary hearing and requests copies of recorded selection interviews, the Department shall provide only his or her recorded interview.

(7) Be present during all selection interviews of applicants.

(8) Call each applicant into the selection interview room and introduce the applicant to the Selection Committee for Vending Facilities members. Any member from the contracting agency shall be identified by name and position title.

(9) Provide and operate a tape recorder and record all selection interviews for the Department and at the request of an applicant.

(10) Ensure that all applicants are asked the same questions and advise members of the Selection Committee for Vending Facilities when they ask an inappropriate question that cannot be permitted.

(11) Clarify conditions and requirements that apply to the vending facility for which applicants are competing, as necessary.

(12) Assure that applicants do not present any materials or persons prohibited pursuant to Section 7214.4(g) of these regulations.

(13) At the conclusion of the selection interviews, verify computations of scores assigned to applicants by members of the Selection Committee for Vending Facilities and record those scores for approval by the Chairperson.

(d) After all applicants scores have been recorded and approved by the Chairperson of the Selection Committee for Vending Facilities, the Selection Coordinator shall provide the following information to each applicant who was interviewed:

(1) His or her total score and placement in the selection interviews;

(2) The name of the applicant selected; and

(3) A copy of the list of applicant scores and placements without identifying the applicants in relation to the scores.

(e) Duties of the Chairperson of the Selection Committee for Vending Facilities shall include the following:

(1) Ensure that the selection interview schedule is maintained. Selection interviews shall be limited to one hour for each applicant unless the Selection Committee for Vending Facilities members determine a longer period is needed before the first selection interview and each applicant is given the same opportunity.

(2) Provide the applicant with the opportunity to state his or her relevant education and experience and discuss his or her overall plan to manage the vending facility, including the business plan, and ask standard questions developed by the Selection Committee for Vending Facilities.

(3) Ask the questions developed prior to the interviews by the Selection Committee for Vending Facilities.

(4) Ensure that each member of the Selection Committee for Vending Facilities has the opportunity to ask the questions he or she has selected from a list of predetermined interview questions, as well as other questions that arise during the selection interview that pertain to the operation of the vending facility.

(5) Ensure that all questions asked of the applicant are relevant to the applicant's education, experience, or plans for the operation of the vending facility.

(6) Provide the applicant with the opportunity to give a closing statement.

(7) Provide the contracting agency with time to perform any independent confirmation of an applicant's experience or other information on the applicant's resume and conduct any criminal and substance abuse background checks, if deemed necessary, prior to selection of the applicant.

(8) Record the scores of each applicant. The Chairperson shall review the scores with the Selection Coordinator before concluding the selection interview process. Any applicant who is rejected by the contracting agency pursuant to subsection (e)(7) herein shall be notified by the Chairperson of the Selection Committee for Vending Facilities that he or she has been eliminated from the selection process for good cause, as determined by the contracting agency.

Cal. Code Regs. Tit. 9, § 7214.3

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).

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 107b(6) and 107d-1(a); 34 CFR Sections 395.2, 395.3(a)(7) and 395.13; and Sections 19011 and 19635, Welfare and Institutions Code.