Or. Admin. Code § 585-015-0015

Current through Register Vol. 63, No. 12, December 1, 2024

Section 585-015-0015 - Vacancies

(1) NOTICE - When a new or existing vending facility becomes available, the Business Enterprise Program shall send an announcement to all vending facility managers and licensees. The announcement shall provide the following information for the vending facility (as applicable):

(a) The vending facility agreement or permit;

(b) A list of equipment provided;

(c) A list of the types of products sold;

(d) Sales figures and net proceeds for the past three (3) years;

(e) Number of employees needed for current staffing levels;

(f) For new vending facilities, a survey if available;

(g) The required date to respond to the vacancy notice;

(h) Whether or not the vending facility manager would be required to relinquish their existing vending facility, if selected.

(2) APPLICATION - A vending facility manager or licensee may apply for any vacancy, and shall meet the following conditions:

(a) Has no past due indebtedness to the Commission;

(b) Has met the continuing education requirement as outlined in the Section above;

(c) Has submitted a resume and letter of interest to the Director;

(d) The Director shall use the above conditions to determine which vending facility managers; or

(e) licensees qualify for the selection process.

(3) SELECTION - A selection committee shall be formed to interview vending facility managers and licensees who have applied for a vacancy.

(a) The selection committee shall recommend to the Director one candidate for selection. The selection committee shall consist of:

(A) The Business Enterprise Consumer Committee chair;

(B) The Director or Business Enterprise staff assigned by the Director;

(C) A vending facility manager or licensee selected by the mutual agreement of the Director and Business Enterprise Consumer Committee Chair;

(D) The building manager or a representative, if the building manager requests to participate, provided the Program has provided an orientation to blindness training to that individual.

(b) A vending facility manager may not participate on any selection committee for a vacancy they have applied for. If the Business Enterprise Committee Elected Chair has applied for a vacancy, then the Vice-Chair of the Business Enterprise Consumer Committee shall assume the Chair's duties in the selection process.

(c) The selection committee shall conduct either in-person or telephone interviews. The selection committee shall establish a list of questions that will be asked of all applicants. The selection committee shall grade each applicant in the following categories:

(A) Vending facility manager experience;

(B) Other management experience;

(C) Customer service experience;

(D) Operational performance;

(E) Financial performance;

(F) Education background;

(G) Training completed;

(H) Operational plan for the facility if selected.

(d) The selection committee members shall score each of the categories zero (0) to ten (10), the maximum score being eighty (80). Each selection committee member shall add all eight (8) category scores to calculate a total score for each applicant. The selection committee members shall then add their total scores together to give the applicant an aggregated total score. The applicant with the highest aggregated total score shall be recommended. In the event of a tie, the applicant with the most years of experience in the Oregon Business Enterprise program shall be recommended.

(e) The Director shall award the facility to the vending facility manager recommended by the selection committee unless the Director can justify to the selection committee the reason for selecting another vending facility manager.

(f) If there is only one applicant for a vending facility, the Director may select the applicant without using a selection committee.

(4) OPERATING AGREEMENT - The Commission shall enter into biennial operating agreements with vending facility managers for the operation of vending facilities.

(a) Termination of Operating Agreement: The operating agreement may be terminated and the VFM removed from the vending facility when any of the following has occurred:

(A) The vending facility named in this agreement is permanently closed;

(B) The VFM resigns from operating the vending facility;

(C) The VFM subcontracts facilities/sites that have not been approved by the Commission, or utilizes a subcontractor that is not on the list of approved subcontractors;

(D) The VFM's license has been terminated by the Commission;

(E) The VFM has failed to fulfill the terms and conditions of the vending facility agreement or permit;

(F) The VFM has failed to fulfill their responsibilities outlined in the operating agreement, after being afforded the opportunity to remedy specific failures.

(b) A VFM shall receive due process prior to the operating agreement being terminated under the provisions of items C, D, E or F above.

(5) TEMPORARY ASSIGNMENT - If a vending facility manager or licensee is not available or selected for permanent assignment to a vending facility, the Commission shall select a vending facility manager or licensee to operate the vending facility under a temporary operating agreement if a vending facility manager is available and willing to accept the temporary assignment. A vending facility manager or licensee with indebtedness to the Commission shall not be eligible to operate a vending facility under a temporary operating agreement.

(a) The following process shall be used to select a temporary manager:

(A) The Director shall send an announcement of a temporary vending facility assignment to all vending facility managers and licensees. The announcement shall contain the following:

(i) The vending facility agreement or permit;

(ii) A list of equipment provided;

(iii) A list of the types of products sold;

(iv) Sales figures and net proceeds for the past three (3) years;

(v) For new vending facilities, a survey if available;

(B) A vending facility manager or licensee shall apply to the Director for assignment as the temporary manager.

(C) If more than one vending facility manager or licensee applies for the temporary assignment the Director shall interview the applicants.

(D) The Director shall select a vending facility manager or licensee based on the following categories:

(i) Vending facility manager experience;

(ii) Other management experience;

(iii) Customer service experience;

(iv) Operational performance;

(v) Financial performance;

(vi) Educational background;

(vii) Training received.

(E) The Director shall score each of the categories zero (0) to ten (10), the maximum score being seventy (70). The Director shall add up all seven (7) category scores to calculate an overall total score for each applicant. The applicant with the highest total score shall be selected. In the event of a tie score the applicant with the most years of experience in the Oregon Business Enterprise program shall be selected.

(F) After a vending facility manager or licensee has been selected, the Commission and the selected vending facility manager or licensee shall fully execute a temporary operating agreement for the vending facility.

(b) If no vending facility manager or licensee is willing to accept a temporary operating agreement for the vending facility, the Commission shall contract with a private vendor for the continued operation of the vending facility until a vending facility manager or licensee is selected to operate the vending facility.

(c) If a vending facility becomes vacant without prior notice by the vending facility manager, the Commission may elect to contract with a third-party vendor to ensure continuous operation of a vending facility. With the active participation of the BECC, a decision will be made as to when to announce the vacant facility so that all vending facility managers and licensees can bid. In such instances, the vending facility will not be operated by the third party for more than six months without bidding it out to the vending facility managers and licensees, unless there are unique circumstances in the judgement of the Commission. If the facility is no longer viable, the Commission, with the active participation of the BECC, may choose not to bid it out and may make other arrangements. Other arrangements may include, changing the business type of the facility (i.e. cafeteria to micro market) or closing the facility due to low profitability.

Or. Admin. Code § 585-015-0015

CFTB 3-2017, adopt filed 12/20/2017, effective12/21/2017; CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 6/9/2021; CFTB 1-2021, amend filed 02/18/2021, effective 2/19/2021

Statutory/Other Authority: HB 3253 (2017)

Statutes/Other Implemented: ORS 346.510 to 346.570