Section Ed 1019.07 - Transfers and Promotions of Licensed Managers(a) When a location becomes available for bid, the vacancy shall be announced to all licensed managers and individuals on the roster.(b) When an opportunity to bid on a location is announced, a manager may bid or not bid without prejudice to future consideration of a subsequent bid by the potential applicant.(c) A manager shall be informed of additional requirements of a particular property management, including, but not limited to, security clearance background checks and drug screenings, and shall agree to the additional requirements as a condition of being assigned.(d) Any manager who is in probationary status as outlined in Ed 1019.06(b), has not completed the continuing education requirements set forth in Ed 1019.18, or is delinquent with respect to filing any reports or had any indebtedness to the BEP or the state of New Hampshire at the time of the vacancy announcement shall not be permitted to bid for the vacancy.(e) A selection committee shall be convened by the administrator of SBVI when new opportunities become available for promotion or transfer. The selections committee shall include a representative of the state committee of licensed managers assigned by the chair or co-chairs, the BEP coordinator, and a SBVI representative appointed by the SBVI administrator.(f) The selection committee shall interview all candidates who submit a bid and score the candidates using the following criteria: (1) Record of performance for the past 2 years;(2) The manager's plan for the new business including a business plan if applicable;(3) Responses to interview questions; and(4) Personal appearance, demeanor, and attitude.(g) After considering all criteria, each review committee member shall award points to the candidates as follows: (1) First choice, 3 points;(2) Second choice, 2 points; and(3) Third choice, 1 point.(h) The BEP coordinator shall total up the points, and the candidate with the most points shall be awarded the facility. In the event of a tie, the candidate with the most seniority shall be awarded the facility.(i) When experience has proven that a manager, who SBVI has determined is committed to the successful operation of their vending facility, is assigned to a location or locations beyond the manager's capacities, the manager shall be given opportunities for training. Except that if the training does not result in improved performance, an assignment to a location commensurate with the manager's ability shall be made. If no such facility is available, the manager's name shall be placed on the roster.(j) A manager shall not be assigned to a facility of lesser income or convenient location without an explanation and an evidentiary hearing if requested by the manager.(k) If no qualified manager has submitted a bid on a vacant vending facility, BEP, with active participation of the committee shall:(1) Assign the vending facility on a temporary basis to a licensed manager assigned to another vending facility;(2) Enter into a third-party agreement with a private entity with the commissions being used in accordance with any state or federal regulations to perpetuate the BEP. Such agreements shall not exceed one year and are subject to renewal if no manager is still available to manage the vending facility; or(3) Permanently attach the vending facility to another vending facility being managed by a licensed manager if it is evident that the location will never sustain a manager nor will there be an opportunity in the foreseeable future to use the location when creating a vending route.N.H. Admin. Code § Ed 1019.07
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031