Cal. Code Regs. tit. 9 § 7214.4

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

Section 7214.4 - Selection Interviews of Applicants

(a) Each qualified applicant is required to appear for a selection interview on the date and at the time and location specified on the DR 461, Notification of Selection Committee for Vending Facilities Meeting (Rev. 09/09), incorporated by reference herein. Any applicant who does not appear for the selection interview on the date and at the time and location in the notice, and who has not submitted a written notice of withdrawal in accordance with these regulations, shall be disqualified from:

(1) Participation in the selection interview process; and

(2) Applying for a vending facility for 183 calendar days from the date he or she last failed to appear.

(b) Depending on the number of qualified applicants and interviews to be scheduled, the Selection Committee for Vending Facilities Meeting may be conducted over two or more days.

(c) If the Selection Committee for Vending Facilities is comprised only of representatives from the contracting agency, then all qualified applicants shall be interviewed and scored by the same committee members. The BEP shall encourage the contracting agency to have at least three members on the Selection Committee for Vending Facilities.

(d) If the Selection Committee for Vending Facilities is comprised of representatives recruited by the Business Enterprises Program for the Blind (BEP) and fewer than three members are present during an interview on any given day, but the Selection Committee for Vending Facilities wishes to conduct the selection interviews, the interviews scheduled for that day shall be conducted. In such case, applicant scores shall be assigned in accordance with subsection (e) (1) herein.

(e) All three members of the Selection Committee for Vending Facilities are expected to be present and participate in selection interviews of all applicants, except that:

(1) When a member who is present is not present for the entire interview of an applicant or is unable to assess and score an applicant fairly and impartially, that member shall withdraw from all selection interviews and that member's score shall not be recorded for any of the applicants. The remaining two committee members shall be the scores all of the applicants in the selection process.

(f) The BEP shall request that the California Vendors Policy Committee (CVPC) provide a delegate or a CVPC representative to attend and observe selection interviews of applicants. The role of the CVPC delegate is strictly limited to that of an observer, and the CVPC delegate or representative does not participate in the selection process.

(1) The CVPC delegate or representative shall not discuss the substance of applicant selection interviews with any of the applicants or any other person either during or after completion of the selection process.

(2) Any applicant may request that the CVPC delegate or representative not observe his or her selection interview.

(g) With the exception of a resume and business plan described in Section 7214.2 of these regulations and personal notes, the applicant is prohibited from bringing any reference materials or displays into the selection interview and is prohibited from presenting any other materials to the Selection Committee for Vending Facilities. The applicant is prohibited from bringing persons acting as references or spokespersons into the selection interview.

(h) No applicant shall be questioned about his or her disability or disabilities during the selection interview.

(i) Members of the Selection Committee for Vending Facilities shall score each applicant on the member's DR 463, Selection Committee for Vending Facilities Rating Report (Rev. 07/07), incorporated by reference herein. At the conclusion of the selection interviews, completed reports from each member shall be forwarded to the Selection Coordinator.

(j) The Selection Committee for Vending Facilities shall score each applicant based upon:

(1) A resume that describes the applicant's education and experience relevant to the operation of a vending facility, as required by Section 7214.2(a) of these regulations.

(2) A business plan as required by Section 7214.2(a) of these regulations.

(3) Opening and closing statements and responses to questions asked during the selection interview process.

(k) The Selection Committee for Vending Facilities shall select the applicant with the highest total score to operate the announced vending facility. The contracting agency shall determine if they wish to verify information submitted to the Selection Committee for Vending Facilities prior to making a decision to permit the establishment of a vending facility on property owned, leased, rented, or otherwise controlled or occupied by the contracting agency. After the contracting agency verifies any information provided, the Selection Coordinator shall contact the applicant with the highest score and advise the applicant of his or her selection to operate the announced vending facility. Such applicant has three working days from the date he or she is notified of being selected to operate the announced vending facility to accept or reject the announced vending facility. If the selected applicant rejects the announced vending facility, the Selection Committee for Vending Facilities shall select the applicant with the next highest total score to operate the announced vending facility.

(l) After the selection of an applicant is made, the Selection Coordinator may provide information specified in Section 7214.3(d) of these regulations to any applicant who was interviewed by the Selection Committee for Vending Facilities.

(m) The licensee or vendor selected to operate the announced vending facility shall be provided with a vendor's operating agreement, which shall include the permit or contract for the vending facility as an exhibit thereof, for the announced vending facility he or she has been selected to operate. The BEP shall also provide the vendor operating agreement, including exhibits thereof, in the vendor's preferred mode of communication, to the extent possible.

(n) The licensee or vendor selected to operate the vending facility must agree to abide by the terms and conditions for operation of the vending facility, as set forth in the vendor's operating agreement, and sign and return the agreement to the BEP within 10 working days of receipt.

(1) Failure to sign the vendor's operating agreement shall be considered good cause for rejecting the licensee or vendor selected to operate the announced vending facility and awarding that vending facility to the next highest scoring applicant.

Cal. Code Regs. Tit. 9, § 7214.4

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 107, 107(a)(5), 107(b), 107(e) and 107b-1(3); 34 CFR Sections 395.1(i), 395.2, 395.3(a)(4), 395.3(a)(7), 395.5, 395.7 and 395.14(b); and Sections 19011, 19625 and 19638(b), Welfare and Institutions Code.