Section Ed 1019.14 - Performance Probation(a) Licensed managers shall be placed on performance probation when SBVI determines that the vending facility is not being operated in accordance with: (1) The rules governing the program pursuant to Ed 1019;(2) The terms and conditions of the permit or contract;(3) The terms and conditions of the operating agreement;(4) State law, the violation of which is, or reasonably may, result in financial or physical harm to the customers of the facility or other persons, the department or the manager; or(5) Rules of other agencies of the state of New Hampshire which have regulatory authority directly related to the operation of a vending facility.(b) A written notice of performance probation shall state the reason(s) for probation, steps to be taken, if any, to avoid termination, and the manager's right to appeal SVBI's action pursuant to Ed 1019.21.(c) The probationary period shall be in effect for 30 days from the date of a written notification as follows: (1) If hand delivered, the program representative shall document that the notice was received by the manager as evidenced by a signed acknowledgment of receipt. The 30-day probationary period shall begin on the date the manager signed the receipt;(2) If sent by U.S. mail, the notice shall be sent certified mail with return receipt requested. The 30-day probationary period shall begin on the date the manager signed the return receipt; or(3) If sent via email, it shall be sent to an email address provided by the manager for all official correspondence. The 30-day probationary period shall begin on the date the email is sent.(d) Managers placed on performance probation pursuant to (a) above shall not be permitted to bid on vacant vending facilities.(e) If a manager is placed on disciplinary probation for the same offense for the third time during a 12-month period, the manager's license shall be terminated in accordance with Ed 1019.16 and Ed 1019.21.N.H. Admin. Code § Ed 1019.14
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031