Section 1240-06-12-.03 - ELECTION OF THE COMMITTEE(1) The full Committee shall be elected biennially in every odd numbered year. Nominees for the Committee must be licensed managers who are either permanently or temporarily assigned to a vending facility. Only licensed managers who are permanently or temporarily assigned to a vending facility may vote in the elections. Managers must manage a facility in the same regions from which membership on the Committee is being determined. The number of Committee members from each region will be determined jointly by the Agency and Committee. By seeking membership on the Committee, a manager agrees to have his record of performance for the previous twelve (12) months released for inspection by all managers to be considered when casting their votes.(2) The Committee representative(s) in each region shall call a meeting of all managers on or prior to April 15th in each odd-numbered year. The purpose of the meeting is to determine the names of the nominees who will be competing for the available Committee seat(s) in the upcoming election. The number of nominees is limited to twice the number of representative(s) designated for the region. If there are more nominees than allowed for a region, the managers in attendance at the local meeting shall vote to determine which nominees will be submitted to the state office. It is the responsibility of the Committee representative(s) from each region to submit the names of the nominees in writing to the Agency by April 30th so that the election process may be commenced. A manager must be present at the regional meeting to nominate a candidate or have their name submitted for nomination. A manager may submit his/her own name for nomination. These meetings may be held in person or by teleconference.(3) After the Agency has received the names of the nominees, the ballots will be prepared for each region and sent only to permanently and temporarily assigned licensed managers in the region. The ballot will identify the region and all the names of the nominees will be listed. Additionally, space will be indicated and allowed for the names of write-in candidates, one for each seat available. The date when the ballots must be postmarked for return mailing shall also be indicated, which is twenty-one (21) calendar days from the date of the original mailing. (a) After the Agency has completed the preparation of the ballots, an auditor from the Division of Internal Audit shall review the ballots for each region and witness the process of sealing them in envelopes. The sealed ballot, in an envelope identified only as a "ballot", and a pre-addressed return envelope addressed to the Division of Internal Audit shall be sent to the managers by registered mail, return receipt requested. The process of depositing the ballots in the mail shall be the responsibility of the assigned auditor. In the event that a manager does not receive a ballot, the Agency will issue another, provided that information validating the non-delivery of the original ballot is received.(b) After the expiration of twenty-eight (28) calendar days from the date of the mailing of the ballots, a date and time will be set with the Division of Internal Audit for the counting of the ballots, so that the election process can be completed by June 20th. All candidates and the members of the Committee will be notified of the date and time, so that they may be present if they so choose. In addition to the personnel from the Division of Internal Audit, there shall be one Agency official available to witness the count.(c) In the event of a tie vote for one or more seats, a run-off election will be held. New ballots will be prepared for the managers in the particular region. The same process as described in subparagraph (a) above shall be used, except that no write-in candidates shall be permitted. The ballots shall be mailed within five (5) working days from the original date of the counting of the votes. Ten (10) working days shall be allowed for the return of the ballots. After the expiration of fifteen (15) working days from the date of the mailing of these ballots, a date and time will be set with the Division of Internal Audit for the counting of the ballots and notification will be provided as described in subparagraph (b) above so that the run-off election can be completed by July 15th. If the run-off election does not change the result, the full Committee shall select one of the candidates as the winner prior to its July meeting.(d) After the election is complete and the membership of the new Committee is determined, the official seating of the membership shall occur in the July meeting of the Committee after all business (old and new) has been transacted for the preceding fiscal quarter, and all other matters before the outgoing Committee have been addressed.(e) An elected member of the Committee automatically vacates the seat if the manager for whatever reason no longer has a temporary or permanent assignment or no longer meets the requirements of 1240-06-12-.03(1) in another region. Additionally, the seat is lost if a manager's license is terminated or if the Committee determines that the manager is in violation of the by-laws adopted by the Committee. Under any of these circumstances, an election must be held in order to fill the vacancy. Within ten (10) working days of the occurrence which leads to the vacancy, the Committee shall call a meeting of all managers in the region to select nominees to compete for the available seat. Immediately upon receipt of the names of the nominees, which shall be within twenty (20) working days after the vacancy occurs, the Agency shall conduct an election in accordance with the provisions of subparagraph (c) above relating to a run-off election, except that write-in candidates shall be permitted.Tenn. Comp. R. & Regs. 1240-06-12-.03
Original rule filed April 8, 2005; effective June 22, 2005. Amendments filed May 25, 2017; effective 8/23/2017.Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105(12), and 71-4-604(c); 34 C.F.R. § 395.14.