Section 17-403-9 - Transfer and promotion procedures for licensed vendors(a) Purpose. It is the purpose of this section to provide a fair, unbiased, and impartial process for selection, transfer, and promotion of licensed vendors.(b) Vacancy announcements. The SLA shall prepare and mail a vacancy announcement to all licensed vendors by regular mail, place a telephone call to each vendor's number of record, and send the announcement electronically when a vendor has so requested, within 15 days of the date of receipt of notification that a facility will become available. A vacancy announcement shall contain the following: (1) The estimated starting date of the new Operator;(2) A description of the facility with:(A) An estimate of the number of customers served each day, including a statement of the number of customers that are building occupants, and an estimate of the number of other customers;(B) Seating capacity (if any);(C) The types of food Services the facility provides (e.g., carry-out, vending, Cafeteria, or other);(E) Items stocked for sale (including dollar amount of most recent inventory);(F) Opening day cash recommendation;(G) Information about how much space, if any, is available at the facility for inventory storage or if the Operator must provide off-site storage and product transport;(H) The name, address of the facility, and the facility's telephone number;(I) The yearly gross receipts and net proceeds, with vending machine income stated separately, for as many of the three preceding fiscal years as records allow;(J) If a new facility, the department's study as required for the selection of suitable vending facility locations shall be included, along with projected daily gross receipts, and the number of expected employees in the building or number of other anticipated customers;(K) Reasons for fluctuation in proceeds, if known;(L) The days and hours of Operation, including any limits to accessibility to the facility after hours and on weekends;(M) The number of vending facility employees presently employed, with notation that persons who are blind or otherwise disabled and are qualified for the job shall be given preference when hiring in any blind vending facility;(N) Available public transportation;(O) Projected changes in the facility (e.g., relocation and remodeling);(P) Any special training, physical requirements, and mobility skills required for the job;(Q) The location, type, and level of competition; and(R) A statement that the applicant has the right and is strongly recommended to visit the facility.(c) Application deadline. A deadline for Submission of applications shall be established, at least 15 calendar days from the date of the vacancy announcement. For an application to be considered by the SLA, by the 15th day from the mailing date of the application, it must be:(1) hand delivered to the SLA;(2) mailed (verified by date of postmark);(3) submitted by telephone; or(4) submitted by email. All applicants shall be contacted by telephone by the SLA to verify receipt of the application.
(d) Evaluation of applications. Applicants shall be evaluated according to a transfer and promotion policy promulgated with the active participation of the HSCBV as approved by the Commissioner of the Rehabilitation Services Administration of the Department of Education from time to time. The promotion and transfer policy shall have the following elements: (1) An evaluation panel, which shall include at least one licensed vendor appointed by the HSCBV;(2) Performance and objective factors consisting of whether or not the vendor has been the subject of verified complaints, has submitted timely profit and loss reports, has adhered to a RSRA debt repayment plan (if any) , active participation with the HSCBV, participation in training, and on-site evaluations;(3) An interview by the evaluation panel; and(4) Longevity in the Hawaii vending program. In the event two vendors achieve the same score, the total number of years of service as a blind vendor in Hawaii shall determine the selection. [Eff ; am and com NOV 13 2010] (Auth: HRS § 102-14, 34 C.F.R. section 394.3) (Imp. 34 C.F.R. section 394.3 )