Section 3.06 - Selection of Vendor(1)Notice of Opportunity. Subsequent to execution of a permit or subsequent to receipt of notice of pending vacancy in a facility operating under a permit reasonably anticipated to remain effective for one year or more, the Commission shall give notice to all licensees and invite applications for operation of the facility. Notice and invitation shall be furnished by program newsletter or by letter and shall describe the facility's gross sales for the previous year, if any; availability of the permit for review by licensees; directions to the facility; a deadline for receipt of applications; and such other information as may be deemed necessary.(2)Application. No application may be accepted for review by the Commission unless it consists of a signed writing containing identification of date, applicant, vending facility, a clear statement of the applicant's desire to operate the facility, a clear statement of order of preferred facilities where more than one is the subject of concurrent application by the same licensee, and unless prior to the deadline for the submission of applications it is delivered either by certified mail return receipt requested to the program or by the applicant or his or her designee to a program staff member in exchange for a signed receipt.(3)Selection Board. Selection for operation of vending facilities shall be performed pursuant to 111 CMR 3.06 by the Director, taking into consideration the recommendation of a Selection Board consisting of two program staff members chosen by the Commission and three Committee members chosen by the State Committee of Blind Vendors. Selection Board members shall serve coterminous with State Committee members: i.e. for two year terms beginning the first day of September of every odd numbered year. Each formal Board decision shall require participation by at least four Board Members.(4)Selection Process.(a) The Selection Board shall select for recommendation to the Director the most senior qualified applicant in the highest priority category.(b) Relative seniority of applicants shall be measured pursuant to 111 CMR 3.06(5) as of the day of notice of invitation to apply issued pursuant to 111 CMR 3.06(1).(c) Any licensee shall be deemed qualified for purposes of selection if and only if both on the day of notice of invitation to apply under 111 CMR 3.06(1) and on the day of selection he or she:1. has a license which is not under suspension and is valid for the type of facility sought; and2. received an averaged passing score on his or her most recent two evaluations, if any; and3. within the previous 45 days has not rejected a selection to operate a vending facility which is functioning or was reasonably anticipated to be functioning within a reasonable time after selection; and4. within the previous 90 days has not accepted selection and become vendor of record to operate a vending facility which is functioning or was reasonably anticipated to be functioning within a reasonable time after selection; provided that the average sales of the previous vendor, if any, at the advertised location, are 20% greater than the current stand, except that this proviso shall not apply if the vendor is the sole bidder for the facility in question; and5. within the previous 30 days has not received a warning letter pursuant to 111 CMR 3.12; and6. meets the requirements of the permit in question.(d) The first highest priority category shall consist of licensees who have worked as vendors for at least six consecutive months within three years of the date of notice and invitation to apply issued pursuant to 111 CMR 3.06(1). The second highest priority category shall consist of all licensees who are not in the highest priority category. For purposes of determining priority status, licensees within each category shall be of equal priority.(e) In the event two or more qualified applicants in the highest priority category have the same seniority which seniority is greater than that of any other qualified applicant, then the Board shall select the applicant whose seniority includes the greater number of days as a vendor as opposed to licensee. In the event two or more applicants in the highest priority category have the same seniority which seniority is greater than that of any other qualified applicant, and no such applicant has worked a greater number of days as facility operator as opposed to facility employee, the Director shall make the selection, using his discretion.(f) Where the decision of the Director is different than the recommendation of the Selection Board, the Director shall advise the Committee of the rationale underlying such decision.(5)Seniority.(a) Seniority shall accrue only during a licensee's full-time operation of or employment by a facility. With respect to operation of a facility, seniority shall begin to accrue on the date a vendor begins operation, and shall continue to accrue for up to two years if the facility is closed through no fault of the vendor. With respect to employment by a facility, seniority shall begin to accrue on the date remunerative employment begins. Seniority shall not accrue during one or more personal leave of absence days or when a license is under suspension. Seniority accrued prior to the effective date of 111 CMR 3.00 shall be measured according to the regulation then in effect. Accrued seniority shall be lost upon revocation of a vendor's license.(b) Seniority of persons in the first highest priority category as described at 111 CMR 3.06(4)(d) shall be calculated such that the number of days worked as a licensee shall be deemed 1/2 the value of days worked as vendor.(6)Acceptance and Non-acceptance of Selection. Within seven calendar days of the Selection Board's recommendation to the Director of an applicant for operation of a facility, the Director shall give him or her written notice of the decision, provided the Director accepts the recommendation. Within five business days of the Director or his designee tendering the notice, the applicant shall give written notice of acceptance or non-acceptance. Acceptance shall be indicated by delivering a signed vendor's agreement to the Commission. Failure to so deliver within the five-day period automatically shall be deemed a non-acceptance. Upon a licensee's non-acceptance of selection, or upon revocation of acceptance occurring within 90 days of acceptance of selection, or upon a licensee's death the Director shall successively select and give notice to the next most senior qualified applicant in the highest priority category subject to the Director's discretion as above. The above stated seven and five day notice requirements shall apply to each successive selection of an applicant. Where no qualified applicant is available, the Director may identify an alternative procedure of vendor selection. All notices furnished pursuant to 111 CMR 3.06(6) shall be delivered certified mail return receipt requested or in-hand in exchange for a signed receipt.