Code of Massachusetts Regulations › 111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND › Title 111 CMR 3.00 - Vending Facilities Program › Section 3.06 - Selection of Vendor

Current through Register 1525, July 5, 2024
(1)
Notice of Opportunity
. Subsequent to execution of a
			 permit or subsequent to receipt of notice of pending vacancy in a facility
			 operating under a permit reasonably anticipated to remain effective for one
			 year or more, the Commission shall give notice to all licensees and invite
			 applications for operation of the facility. Notice and invitation shall be
			 furnished by program newsletter or by letter and shall describe the facility's
			 gross sales for the previous year, if any; availability of the permit for
			 review by licensees; directions to the facility; a deadline for receipt of
			 applications; and such other information as may be deemed necessary.
(2)
Application
. No
			 application may be accepted for review by the Commission unless it consists of
			 a signed writing containing identification of date, applicant, vending
			 facility, a clear statement of the applicant's desire to operate the facility,
			 a clear statement of order of preferred facilities where more than one is the
			 subject of concurrent application by the same licensee, and unless prior to the
			 deadline for the submission of applications it is delivered either by certified
			 mail return receipt requested to the program or by the applicant or his or her
			 designee to a program staff member in exchange for a signed receipt.
(3)
Selection Board
.
			 Selection for operation of vending facilities shall be performed pursuant to
			 111 CMR 3.06 by the Director, taking into consideration the recommendation of a
			 Selection Board consisting of two program staff members chosen by the
			 Commission and three Committee members chosen by the State Committee of Blind
			 Vendors. Selection Board members shall serve coterminous with State Committee
			 members:
i.e.
for two year terms beginning the first day of
			 September of every odd numbered year. Each formal Board decision shall require
			 participation by at least four Board Members.
(4)
Selection
			 Process
.
(a) The Selection Board
			 shall select for recommendation to the Director the most senior qualified
			 applicant in the highest priority category.
(b) Relative seniority of applicants shall be
			 measured pursuant to 111 CMR 3.06(5) as of the day of notice of invitation to
			 apply issued pursuant to 111 CMR 3.06(1).
(c) Any licensee shall be deemed qualified
			 for purposes of selection if and only if both on the day of notice of
			 invitation to apply under 111 CMR 3.06(1) and on the day of selection he or
			 she:
1. has a license which is not under
			 suspension and is valid for the type of facility sought; and
2. received an averaged passing score on his
			 or her most recent two evaluations, if any; and
3. within the previous 45 days has not
			 rejected a selection to operate a vending facility which is functioning or was
			 reasonably anticipated to be functioning within a reasonable time after
			 selection; and
4. within the
			 previous 90 days has not accepted selection and become vendor of record to
			 operate a vending facility which is functioning or was reasonably anticipated
			 to be functioning within a reasonable time after selection; provided that the
			 average sales of the previous vendor, if any, at the advertised location, are
			 20% greater than the current stand, except that this
proviso
shall not apply if the vendor is the sole bidder for the facility in question;
			 and
5. within the previous 30 days
			 has not received a warning letter pursuant to
			 111 CMR
			 3.12; and
6. meets the requirements of the permit in
			 question.
(d) The first
			 highest priority category shall consist of licensees who have worked as vendors
			 for at least six consecutive months within three years of the date of notice
			 and invitation to apply issued pursuant to 111 CMR 3.06(1). The second highest
			 priority category shall consist of all licensees who are not in the highest
			 priority category. For purposes of determining priority status, licensees
			 within each category shall be of equal priority.
(e) In the event two or more qualified
			 applicants in the highest priority category have the same seniority which
			 seniority is greater than that of any other qualified applicant, then the Board
			 shall select the applicant whose seniority includes the greater number of days
			 as a vendor as opposed to licensee. In the event two or more applicants in the
			 highest priority category have the same seniority which seniority is greater
			 than that of any other qualified applicant, and no such applicant has worked a
			 greater number of days as facility operator as opposed to facility employee,
			 the Director shall make the selection, using his discretion.
(f) Where the decision of the Director is
			 different than the recommendation of the Selection Board, the Director shall
			 advise the Committee of the rationale underlying such decision.