N.M. Admin. Code § 9.4.5.33

Current through Register Vol. 35, No. 21, November 5, 2024

Section 9.4.5.33 - ASSIGNMENT, TRANSFER AND PROMOTION OF LICENSED MANAGERS

A.Purpose:To provide guidelines for the assignment of licensed managers to specific business enterprises.

B.Ready-for-assignment list:

(1) All blind persons who have successfully completed training and other requirements as stated in Subsection 12.2.6 of this rule [now Paragraph (6) of Subsection B of Section 9.4.5.12 NMAC], as determined by the SLA and recommended by the committee of licensed managers, shall be placed on a ready-for-assignment list.

(2) Persons on the ready-for-assignment list shall receive announcements of vending facility openings distributed in accordance with this section of the rules and regulations.

C.Priority assignment:A manager who has been displaced from a facility through no fault of his or her own may be given priority to a new or vacant facility, if the requirements of operating the facility and its potential or actual earnings are comparable to those of the facility from which the manager was displaced. The SLA may offer a facility with comparable earnings to the displaced manager without going through the biding process.

D.Manager selection:When a new facility is established or when a vacancy occurs in an existing facility to which no manager is entitled to be given a priority assignment, all managers on the ready-for-assignment list, and managers already assigned to facilities will be notified in writing of the availability of the facility, its operating requirements (including any special or unusual requirements), the current or potential earnings, and the time period in which to request assignment to it (please refer to procedures manual). Managers who wish to be assigned, transferred or promoted to the facility shall notify the SLA in writing.

E.Criteria for assignment, transfer or promotion to a business enterprise facility:The following evaluation procedure has been developed by the SLA staff and committee of licensed managers and will be followed in completing the evaluation and selection of managers. Details on the procedure are contained in the procedures manual. Assignment, transfer or promotion of a manager to a business enterprise facility shall include consideration of seniority, provided that all of the specified criteria listed below are satisfactorily met:

(1) Ability to meet the requirements of operating the facility as specified in the Permit for the particular facility. This is demonstrated in managing previous BEP facilities and/or on-the-job training.

(2) Satisfactory work habits including demonstrated ability to maintain required hours of work and comply with applicable health regulations. This is demonstrated in managing previous BEP facilities and/or on-the-job training.

(3) Work attitudes including good customer relations, and cooperation with property management and SLA staff. This is demonstrated by managing previous BEP facilities and/or on-the-job training.

(4) Knowledge and application of sound business practices including: timely and accurate submission of all reports pertaining to the operation of the facility; prompt payment of set-aside fees; prompt payment of creditors and employees; control of labor and food costs to demonstrate ability to make a reasonable profit; demonstrated ability to provide good quality menu items; and demonstrated ability to supervise, schedule, hire and terminate employees. This is demonstrated by managing previous BEP facilities and/or on-the-job training.

F.Method of selection:The applicant's evaluations and contact reports prepared by the SLA staff shall be utilized to obtain information pertaining to the foregoing criteria referenced in 33.5.1.A-D [now Paragraphs (1) through (4) of Subsection E of Section 9.4.5.33 NMAC], above. All applicants for assignment, transfer or promotion, other than the applicant entitled to a priority assignment referenced above, shall be evaluated on the basis of the above criteria by members of the vending facility program staff and the evaluation committee. The evaluation committee will make its considered recommendations to the executive director, who shall make the final decision as to which applicant will be assigned, transferred or promoted to the new or vacant facility or whether it is advisable to rebid the facility. See the procedures manual for detailed instructions and forms.

G.Temporary operation of vending facilities:In some cases, the SLA may determine that it is in the best interest of the program for a facility to be operated on an interim basis prior to bidding the facility. There are two methods by which the SLA provides for the temporary operation of vending facilities:

(1) The SLA may assign a licensed manager the operation of a vending facility for a period not to exceed six months without bidding the facility.

(2) The SLA may assign SLA staff or hire temporary staff to operate vending facilities on an interim basis.

H.Probation: All applicants chosen to be assigned, transferred or promoted to new or vacant facilities will be on probationary status for six months in order to evaluate the applicant's performance in the new facility. SLA staff will closely monitor the performance of the manager by making monthly evaluations. Staff will document any deficiencies in performance and ways to correct these deficiencies in a "Plan for Improvement" (see procedures manual). The probationary manager will be given a copy of the "Plan for Improvement" during a conference in which the SLA staff discusses the deficiencies with the manager and ways to correct the deficiencies. In addition, the licensed manager may request additional training in his or her areas of deficiencies as outlined during the probationary period. If at the end of the probationary period, deficiencies have not been corrected, the licensed manager's probationary period may be extended or the licensed manager may be removed from the facility with two weeks notice that he/she will be terminated. A manager removed for unsatisfactory performance will not be considered a displaced manager. If at the end of the six month period the manager has performed satisfactorily, he or she will be on permanent status.

I.Satellite program:

(1) If a vending facility goes out for bid and receives no satisfactory bids from any licensed manager, the facility becomes eligible for consideration as a satellite operation. The satellite facility shall be bid in the same manner as other facilities. If no bid is received from managers, the satellite may be put out to bid to any qualified blind individuals (e.g., non-licensed managers) to be operated under contract with the SLA. The facility will be rebid for period of time to be determined by the SLA as a primary facility. If the facility is not awarded as a primary facility, it will be rebid as a satellite. If no bid is received for the satellite, it will be released for bids from any member of the qualified blind community.

(2) If a licensed manager leaves the vending facility program for any reason, all claims to the satellite will be forfeited.

J.Manager rights and responsibilities.

(1) Each manager shall be provided with copies of all documents relative to the operation of the vending facility to which he or she is assigned including these rules and regulations, the operating agreement, and the contract or permit with the property managing agency. The SLA encourages vendor participation in the negotiating process whenever possible. The BEP staff will maintain records indicating that the licensed manager acknowledges receipt of such documents.

(2) Each manager shall acknowledge in writing that a copy of the documents listed above have been received and explained to him or her by the SLA (see Appendix 15, Procedures Manual) [now 9.4.7.26 NMAC].

(3) Each licensed manager shall comply with the terms set in his or her operating agreement. See Appendix B [now 9.4.5.40 NMAC].

N.M. Admin. Code § 9.4.5.33

4/15/97; Recompiled 10/01/01