Section 15.02.30.140 - TERMINATION AND SUSPENSION OF AGREEMENTS/CONTRACTS01.Grounds for Termination. Agreements and contracts may be terminated if:a. The vendor is not operating the facility on a cash basis;b. The health and safety of the vendor, the employees, or the customers are jeopardized;c. The set aside report indicates the vendor did not show an average one thousand dollar ($1,000) net profit per month, after set aside payment, for the prior federal fiscal year;d. The vendor jeopardizes the state's investment in the facility by violating the terms of the permit, agreement or contract, or by placing the facility in danger of being closed;e. The business and premises of the facility are not covered by adequate insurance;f. The facility is not being operated in accordance with the agreement, contract, Commission rules, or with applicable federal, state, or local laws, rules, and regulations;02.Notice of Termination. The notice shall be in writing and specify the grounds upon which the notice of termination is based and advise the vendor of his right to administrative review and a full evidentiary hearing.03.Request for Review Not a Stay. A timely filed request for administrative review shall not stay the termination of an agreement or contract.04.Review. The termination becomes effective following the fifteen (15) day notice period unless the vendor seeks administrative review, in which case the License may be suspended and any contract or agreement may be terminated pending completion of the administrative review, full evidentiary hearing, and subsequent appeals. Until the review process has been concluded, the Program shall operate the facility. At the conclusion of the review process, should the vendor prevail, the Program shall restore all rights and benefits to the vendor including compensation for the period of termination calculated at a weekly rate determined by averaging the net income for the facility for the eight (8) weeks prior to the notice of termination.05.Grounds for Suspension. Agreements and contracts may be suspended if: a. The vendor has committed any of the acts enumerated in Subsection 140.01 of these rules; orb. The property manager requests the removal of the vendor and documents the request in writing, and the Program determines that immediate removal of the vendor is in the best interest of the Program; orc. The Supervisor and the vendor cannot agree on a plan to resolve violations and improve performance.06.Notice of Suspension. A written notice of suspension shall be delivered to the vendor and shall state the reason for the suspension. Suspension may continue up to sixty (60) days. If the vendor seeks administrative review of the suspension, the suspension shall continue until the administrative review, evidentiary hearing, and subsequent proceedings have concluded. During the suspension, the facility shall be operated by the Program. At the conclusion of the review process, should the vendor prevail, the Program shall restore all rights and benefits to the vendor including compensation for the period of termination calculated at a weekly rate determined by averaging the net income for the facility for the eight (8) weeks prior to the notice of termination.07.Cancellation. An agreement or contract may be cancelled by the Program at any time should the facility cease to be a vending facility by revocation of the permit by the property manager. Cancellation under this Subsection shall not affect licensure and does not give rise to a right to administrative review, evidentiary hearing or other relief.Idaho Admin. Code r. 15.02.30.140