Md. Code Regs. 13A.11.04.12

Current through Register Vol. 51, No. 18, September 6, 2024

Section 13A.11.04.12 - Resignation, Extended Illness, and Suspension and Termination of Licenses

A. Resignation.

(1) Notice.

(a) When a vendor resigns from a vending facility or the program, the vendor shall give the Division written notice at least 90 calendar days in advance of the effective date of resignation unless the vendor is reassigned to another vending facility.

(b) The Division may waive this requirement in an emergency.

(c) If a vendor fails to comply with this requirement, the Division may terminate the vendor's license and the vendor shall be disqualified from reapplying for a license for 2 years.

(2) When a vendor resigns from the program, the Division shall terminate the vendor's license.

B. Extended Illness.

(1) If a vendor has an extended illness, as defined in the Administrative Manual, the vendor or the vendor's representative may, subject to §B( 3) of this regulation:

(a) Continue to operate the vending facility and receive the net proceeds from the facility less the cost for substitute personnel; or

(b) Terminate the Operating Agreement and relinquish the vending facility.

(2) If the vendor terminates the Operating Agreement, the vendor may not accrue additional seniority after the vending facility is relinquished.

(3) If the illness continues beyond 1 year with a medically documented diagnosis of prolonged incapacity of the vendor to operate a vending facility, the Division may terminate the vendor's Operating Agreement or license.

C. Probation and Suspension and Termination of Licenses.

(1) Grounds for Probation. The Division may place a licensed vendor on probation for:

(a) Not maintaining the vending facility according to established health standards and for scoring below average on two consecutive health inspections; or

(b) Not meeting the requirements set forth in a mutually agreed upon corrective action plan between the vendor and the Division for vendor or facility improvement, or both.

(2) Grounds for Suspension. The Division may suspend a vendor's license when the Division finds that the vendor has:

(a) Repeatedly violated the requirements of COMAR Title 10 or the current U.S. Public Health Service Food Code which endangers the health or public safety of consumers and employees;

(b) Failed to comply with the terms of the permit or contract; or

(c) Failed to abide by the terms of the Operating Agreement.

(3) Grounds for Termination. The Division may terminate a vendor's license when the Division finds that the vendor has:

(a) Possessed alcohol or an illegal substance on the vending facility;

(b) Operated the vending facility while under the influence of alcohol or an illegal substance;

(c) Abandoned a vending facility;

(d) Regained vision to the extent that the vendor is no longer a blind person;

(e) Failed to operate the vending facility in compliance with:

(i) This chapter;

(ii) The terms and conditions of the permit or contract with the property managing agency;

(iii) The terms and conditions of the Operating Agreement; or

(iv) The sanitation requirements of COMAR Title 10 or the current U.S. Public Health Service Food Code;

(f) Received a license from another state to operate a vending facility; or

(g) Exceeded the time period for obtaining an Operating Agreement as described in the Administrative Manual, Section 3.A.

(4) Procedures for Probation.

(a) The Division shall give the vendor written notice of probation.

(b) The written notice shall state the:

(i) Reason or reasons for the probation;

(ii) Date on which the probation period begins; and

(iii) Corrective action that the vendor shall successfully complete during the 6-month probation period.

(c) The notice shall be personally delivered to the vendor by Program personnel, or mailed to the vendor's last known address by certified mail, return receipt requested.

(d) A vendor who does not successfully complete the corrective action for two consecutive probation periods shall be terminated from the Program.

(5) Procedures for Suspension or Termination.

(a) The Division shall give the vendor written notice of the suspension or termination of the license.

(b) The written notice shall state the:

(i) Reason or reasons for the suspension or termination;

(ii) Length of the suspension, if applicable;

(iii) Corrective action required to rescind the suspension, if applicable; and

(iv) Vendor's right to request review of the suspension or termination in accordance with Regulation .13 of this chapter.

(c) The notice shall be personally delivered to the vendor by Program personnel, or mailed to the vendor's last known address by certified mail, return receipt requested.

(d) The suspension or termination shall take effect 15 days after the vendor's receipt of the notice unless, before the effective date, the vendor has:

(i) Taken the corrective action specified in the suspension or termination notice; or

(ii) Requested review of the suspension or termination in accordance with Regulation .13 of this chapter.

(6) Operation of the Facility. During the period of a suspension or revocation, the Division shall:

(a) Operate the vending facility;

(b) Pay all facility obligations associated with the operation out of facility proceeds; and

(c) Pay the vendor net proceeds from the operation of the facility less operating costs, and less outstanding debts to the Division, suppliers, and State and federal agencies.

D. Temporary Removal.

(1) The Division may remove a vendor temporarily from a vending facility in advance of a hearing only under emergency conditions.

(2) The Division shall give the vendor written notice of the temporary removal personally or by certified mail, return receipt requested, stating the reasons for the action and the vendor's right to appeal the action.

(3) The temporary removal shall be effective immediately after receipt of the notice by the vendor.

(4) The vendor's license and the Operating Agreement shall remain in effect during the period of the temporary removal.

(5) If the vendor appeals the action, the vendor shall continue to receive the net proceeds from the vending facility less the cost of substitute personnel until the final decision, resulting from the full evidentiary hearing, issued pursuant to Regulation .13B(12) of this chapter.

Md. Code Regs. 13A.11.04.12

Regulation .12 amended effective 42:14 Md. R. 881, eff.7/20/2015