Md. Code Regs. 13A.11.04.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.11.04.06 - Assignment of Vendors

A. Ready-for-Assignment List.

(1) The Division with the active participation of the Committee shall establish and maintain a Ready-for-Assignment List of all licensed blind persons awaiting assignment to a vending facility by ranking the persons in the order in which they were licensed or accrued seniority, whichever applies.

(2) The Division shall give persons on the Ready-for-Assignment List announcements of vending facility openings distributed in accordance with §E(1).

B. Seniority List.

(1) The Division with the active participation of the Committee shall establish and maintain a seniority list of vendors based upon this regulation.

(2) Vendors shall accrue seniority only for periods when an Operating Agreement is in effect.

(3) Calculation of vendors' seniority shall be based upon the determination of accumulated seniority published by the Division on January 19, 1987.

(4) If a vendor's license is terminated, the vendor shall forfeit all seniority and be removed from the seniority list. However, if the vendor appeals the termination under Regulation .13 of this chapter and prevails, the seniority continues. If the vendor loses the appeal, the vendor may reapply for a license after a 2-year waiting period. If the request is approved, the vendor only accumulates seniority from the time of the issuance of the second license.

(5) The Division shall provide each vendor with a notice of the vendor's seniority annually or upon request. If the vendor disagrees with the seniority list, the Division shall provide an explanation to the vendor upon request.

C. Assignment Procedures.

(1) When a vending facility becomes available for assignment, the Division shall first comply with any ruling in an appeal under Regulation .13 of this chapter.

(2) If a property managing agency relocates an existing vending facility within the building or to a new building, the Division shall reassign the vendor who was assigned to the existing vending facility to the new vending facility unless the property managing agency or the Division shows cause why the reassignment should not take place.

(3) If a property managing agency establishes a new vending facility and closes an existing vending facility in the same building, the Division shall reassign the vendor who was assigned to the closed vending facility to the new vending facility.

(4) If a property managing agency establishes an additional vending facility in a building where one vending facility is already located, the senior vendor who is operating the existing vending facility may request reassignment and has priority for assignment to the newly established vending facility, unless the property managing agency or Division shows cause why the assignment should not take place.

D. Assignment Criteria.

(1) The Division with the active participation of the Committee shall establish written criteria for each vending facility which an applicant is required to meet in order to qualify for assignment to the vending facility. Minimum criteria for assignments are established in the Administrative Manual.

(2) The Division shall assign applicants to vending facilities based on qualifications, described in §D(1) of this Regulation, and seniority unless the Division or the Committee can show that the senior applicant does not qualify based on the assignment criteria.

(3) If the most senior applicant does not qualify for the vending facility, the Division shall assign the next most senior applicant who qualifies to the vending facility, subject to the opportunity for the meeting described in §E(2) of this Regulation.

E. Assignment Procedures.

(1) Announcement.

(a) The Division shall send announcements, including pertinent data defined in the Administrative Manual of all vending facilities not subject to assignment under §C of this Regulation, by email and first-class mail to all licensed vendors, including those holding provisional licenses.

(b) The announcements shall contain a statement of the assignment criteria under §D which an applicant shall meet in order to qualify for assignment on the basis of seniority and the due date for responses.

(2) Evaluation.

(a) After the due date for responses, the Division shall submit to the Committee Chair the name of the applicant recommended for the assignment.

(b) If the recommended applicant is not the most senior applicant, the Division shall also submit to the Committee Chair a report identifying any applicants with more seniority and the reasons for finding the applicants unqualified.

(c) The Division shall also notify the applicant who is found unqualified of the reasons for the finding and the applicant's right to appear before the Committee to present information supporting qualifications for the assignment.

(3) Committee Meeting. Upon receipt of the Division's recommendation, the Committee shall schedule a meeting with the Division and the applicant found unqualified if the applicant wishes to show that the applicant is qualified.

(4) Committee Review and Recommendation.

(a) The Committee shall agree or disagree with the Division's recommendation, or make its own recommendation within 7 business days after receipt of the recommendation, unless the time is extended by mutual agreement.

(b) If the Committee does not respond within this period, in writing, the Division's recommendation shall be effective.

(c) If the Committee disagrees with the Division's recommendation, the Division and the Committee shall hold a conference to resolve the disagreement.

(d) If the Division and the Committee do not resolve the disagreement, the Division's recommendation shall be effective. An aggrieved applicant may appeal under Regulation .13 of this chapter.

F. Satellite Locations. The Division shall assign satellite locations in accordance with procedures described in the Administrative Manual.

Md. Code Regs. 13A.11.04.06

Regulation .06F amended effective December 6, 2007 (34:24 Md. R. 2159)
Regulation .06 amended effective 42:14 Md. R. 881, eff.7/20/2015