S.C. Code Regs. § § 18-5

Current through Register Vol. 48, 12, December 27, 2024

Section 18-5 - Selection, Transfer and Promotion of Blind Licensed Vendors

A. When new vending facilities are built or existing facilities become vacant, all Blind Licensed Vendors will be notified by the Vending Facility BidLine. The BidLine information will include the location and description of the vending facility, number of prospective patrons, operating hours, items to be sold, condition of the facility, projected Blind Licensed Vendor net proceeds and the bid closing date.

B. Should a Blind Licensed Vendor wish to bid on the vending facility, he or she will fill out the Bid Application, sign it, and return it to the BEP Director on or before the closing date. As each bid is received it will be dated and time of receipt noted. Any bids received after the closing date will not be considered and will be returned to the bidder. Following the closing of bids, the BEP Director will make a list of all bids received on or before the closing date. The list will indicate the date and time the bid was received and will be kept on file in the BEP Director's office. No Blind Licensed Vendor will be allowed to bid if he or she has any debts due to the South Carolina Commission for the Blind, wholesalers, suppliers, or any facility related debts. After merchandise inventory is taken and if any money is due the South Carolina Commission for the Blind, it must be repaid within a one-year period. Failure to pay during this time frame will result in the Blind Licensed Vendor being removed from the vending facility.

C. The Agency Selection Committee will be composed of the BEP Director (one (1) vote), the BEP Counselor from the district where the vending facility is located (one (1) vote), one Commission employee selected by the Commissioner (one (1) vote), the BEP Representative from the district that the facility is located (one (1) vote), and an Independent Business person to be selected from a rotating pool of four (4) people from within the community (one (1) vote). The Vendors Committee will nominate candidates for the pool. The Commissioner and the BEP Selection Committee will take minorities into consideration when making their decisions. The Agency Selection Committee will determine if there is a qualified applicant and will make their selection based on the five general criteria:

35% 1. Demonstrated knowledge of business practices: bookkeeping and record keeping (5 points), purchasing and inventory control (11 points), sales promotion and display (4 points), restaurant and food equipment and vending machines (4 points), sales and profit margins (11 points).

25% 2. Work habits: reporting to work on time and attendance record (7 points), cleanliness and sanitation of the vending facility (10 points), personal hygiene (3 points), submission of Monthly Stand Reports on time (5 points).

25% 3. Work attitudes: good working relationship and positive attitude toward customers (10 points), salesmen, repair personnel, building management personnel, and agency staff (7 points), written complaints (4 points), attendance at the Annual BEP Vendors Meeting (2 points), hiring of a blind assistant (2 points).

5% 4. Demonstrated ability to handle the physical demands of the vending facility in question, including health (2 points) and mobility (3 points).

10% 5. Seniority (10 points): Seniority will begin on the first day a certified Blind Licensed Vendor begins operating a vending facility in South Carolina. Seniority is counted only for the years of service as a Stand Manager being certified and operating a vending facility under the Randolph-Sheppard program in South Carolina. (Blind Licensed Vendors who have been certified through the Training Center will receive one-half time credit for seniority as Blind Licensed Vendor Assistants. Work as a Blind Licensed Vendor Assistant must be verified by the Blind Licensed Vendor for whom the assistant worked.) A person who resigns or retires from a vending facility in South Carolina will lose all seniority, except in extreme circumstances such as drastic loss of sales and earnings through no fault of the Blind Licensed Vendor, or because of health reasons. Upon satisfactory improvement in health, with a Physician's certification, a Blind Licensed Vendor would retain all seniority. Seniority Verification Forms will be on file in the BEP Director's office for the use of Seniority Verification. (See exhibit...Seniority Verification Form in back of Manual). The Agency Selection Committee will have the authority to decide which facility the Blind Licensed Vendor will receive if he or she is the most qualified applicant for two or more facilities.

D. The BEP Director will develop an orientation procedure for the Agency Selection committee to be held annually at the South Carolina Commission for the Blind, Columbia facility. This training will be conducted by the BEP Director and will encompass the BEP Selection Criteria. If there is a change in the composition of the Selection Committee, the new committee member will meet with the BEP Director for orientation on the BEP Selection Committee prior to serving on this selection committee. Documentation of this orientation procedure and training will be kept in the BEP Director's office.

E. Letters of Recommendation will address the five criteria for the BEP Selection Process. Each sub category for the five criteria will be separately discussed in the BEP Counselor's recommendation. The last twelve (12) months of Contact and Inspection Reports will be used for the BEP Counselor's Recommendation Report.

F. A Blind Licensed Vendor will maintain a satisfactory performance rating prior to his or her request for transfer or promotion. A Blind Licensed Vendor must remain in a facility for one (1) year prior to transfer or promotion, except in extreme circumstances such as drastic loss of sales and earnings through no fault of the Blind Licensed Vendor, or because a Blind Licensed Vendor is forced to resign a facility for health reasons. Upon satisfactory improvement in health, with a Physician's Certificate, a Blind Licensed Vendor would be eligible to bid.

G. The bidders will be notified in writing by the BEP Director of the selection.

H. When a vending facility becomes vacant and the bid notice is on the BidLine and has resulted in no qualified Blind Licensed Vendor bidding on the vending facility, the South Carolina Commission for the Blind and the BEP Director have the authority to locate a qualified blind person, provide training, and upon successful completion of at least 6 months On-the-Job Training will be certified as a Blind Licensed Vendor. This person will be given the option to either accept this facility or to bid on another facility. If the Blind Licensed Vendor accepts this facility, the Blind Licensed Vendor must remain in the facility for one (1) year prior to transfer or promotion, except in extreme circumstances such as drastic loss of sales and earnings through no fault of the Blind Licensed Vendor or because a Blind Licensed Vendor is forced to resign a facility for health reasons. Upon satisfactory improvement in health with a Physician's certificate a Blind Licensed Vendor will be eligible to bid. If he or she does not accept the facility, the time that he or she worked in the facility will be awarded to him or her as half time.

I. If a Blind Licensed Vendor bids on a vending facility and decides that he or she wants to withdraw his or her bid, the withdrawal notice must be received before the selection has been made. If a Blind Licensed Vendor who has submitted a bid and is subsequently awarded a vending facility and refuses that vending facility, he or she may not bid on another facility for a period of six months.

J. Any Blind Licensed Vendor who resigns or retires from a vending facility in South Carolina for reasons other than health is not eligible to bid on a vending facility for a period of six months.

K. Any Blind Licensed Vendor who has satisfactorily operated his or her vending facility and has been displaced for reasons beyond his or her control will be entitled to priority for the next (one only) vending facility of comparable sales, earnings, and ability of the Blind Licensed Vendor to operate the facility.

S.C. Code Regs. § 18-5

Amended by State Register Volume 12, Issue No. 6, eff June 24, 1988; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 18, Issue No. 4, eff April 22, 1994; State Register Volume 28, Issue No. 3, eff March 26, 2004.