Conn. Agencies Regs. § 10-303-7

Current through October 16, 2024

Section 10-303-7 - Transfer promotion and selection, readmittance to program

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.

Conn. Agencies Regs. § 10-303-7

Effective July 23, 1987