12-150-15 Me. Code R. § 6

Current through 2024-44, October 30, 2024

Section 150-15-6 - TERMINATION OF LICENSES

1. A license shall be issued to an individual for the operation of a vending facility for an indefinite period of time while actively managing a BEP facility. This license may be subject to suspension or termination if, after affording the manager an opportunity to participate in a corrective action plan and for a full evidentiary hearing, the SLA finds any of the following:

A. Failure of the manager to operate the BEP facility according to the operating agreement between the facility manager and the SLA and other rules and regulations of the SLA;

B. Failure to operate the facility according to health and sanitation laws;

C. Failure to maintain equipment in good repair;

D. Failure to file required financial and other records with the SLA or preserve them for a specified time and/or refusal to permit a review or audit or records by SLA;

E. Failure to consistently pay suppliers;

F. Defrauding any agency of the government (including SLA) or any supplier regarding any financial obligation or delinquency in paying taxes, fees, or assessments to any governmental agency, including the SLA;

G. Misconduct by the facility manager in the operation of the facility, including but not limited to the use of alcoholic beverages, or illegal drugs on the premises;

H. Operation of a BEP facility in such a way that the SLA's investment is obviously endangered as a result of fraud, waste and abuse;

I. Sexual harassment of employees, customers, or those under the facility manager's direction;

J. Determination by the SLA that the facility manager no longer has the skills and abilities to perform essential functions necessary to manage a BEP facility;

K. Use of the facility to conduct unlawful activities;

L. Failure to maintain the required insurance coverage;

M. Failure to personally operate and manage the vending facility;

N. Inability of the manager to maintain a positive working relationship with building management.

O. Failure to participate in Manager semi-annual meetings and upward mobility training without an excused absence for more than 3 consecutive occurrences.

2. Written notice shall be given in an accessible format or manager's preferred method of communication to any manager who is in jeopardy of having their license suspended or terminated. The reason for the possible suspension or termination shall be stated, and the manager shall be informed of their right to an administrative review and/or full evidentiary hearing. All such reviews or hearings shall be held in accordance with the provisions contained in this Chapter.

3. Managers may be afforded a corrective action period beginning with a probationary letter provided in an accessible format or preferred method of communication outlining specific violations, the length of the probationary period, the remedy required and the consequences of inaction. This probationary letter shall be reviewed with the manager and BEP staff, with both parties signing the probationary agreement plan. Failure to reach agreement could result in action leading to the manager's license revocation.

4. Individuals who do not qualify for the program because of improvement in vision rendering them not legally blind, shall be required to submit a resignation.

12-150 C.M.R. ch. 15, § 6