N.M. Admin. Code § 9.4.5.36

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

Section 9.4.5.36 - OPERATING AGREEMENT BETWEEN STATE LICENSING AGENCY AND LICENSED MANAGER

A.Purpose:The SLA shall develop, with the active participation of the state committee of licensed managers, an operating agreement which shall be entered into between the SLA and each manager. The operating agreement (see Appendix B) [now 9.4.5.40 NMAC] shall contain the terms and conditions of the licensed manager's conduct of business in a location for which a permit or contract has been entered into by the SLA. The operating agreement at a minimum must specify:

(1) the duties of the licensed manager and the level of performance required for such duties in accordance with standards prescribed by the SLA (developed with the active participation of the committee of licensed managers), applicable health laws and regulations, and with the terms of the permit granted by, or the contract entered into with the federal, state or other agency or organization in control of the site of the vending facility; and

(2) the responsibilities of the SLA to provide management services to the licensed manager including assistance and supervision, and the ways in which such responsibilities are carried out.

B.Frequency of use:An operating agreement is to be used each time a manager is assigned to a facility and shall be dated and signed prior to or upon the first day of business at any facility (See Appendix B) [now 9.4.5.40 NMAC]. A complete inventory of all equipment, saleable merchandise and initial stock provided by the SLA will be furnished to the manager as part of the operating agreement within 30 calendar days of the first day of business at the facility.

For a current copy of Appendices A through D [now 9.4.5.39 through 9.4.5.42 NMAC], call the: New Mexico Commission for the Blind, PERA Building, Room #553, Santa Fe, NM 87503 (505)827-4479 Fax: (505) 827-4475

N.M. Admin. Code § 9.4.5.36

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