Section 218-RICR-50-00-3.14 - CORRECTIVE ACTION PLAN (CAP) AND SUSPENSIONA. Corrective Action Plan: If it is determined by the S.L.A. that re-training or other intervention is necessary due to a vendor's performance problem, a Corrective Action Plan (CAP) may be completed. 1. Performance problems resulting in the determination that re-training or other intervention is necessary and development of a Corrective Action Plan include, but are not limited to: a. Incidence of unprofessional behavior, e.g., use of profanity or loud, abusive language or behavior, poor customer service, inappropriate dress; and/orb. Cleanliness problems, inappropriate hygiene, failure to adhere to safe food handling requirements; and/orc. Bookkeeping issues, such as failure to file weekly reports to the S.L.A. in a timely manner, non-payment of set-aside, failure to obtain current worker's compensation insurance for employees, failure to make required tax deposits and payments, failure to file required local, state or federal tax forms; and/ord. General management issues including inappropriate use of labor, low inventory levels, failure to use cash register, improper recording of receipts, inappropriate use of the telephone, cable, or lottery equipment, and other problems related to operating the facility in a business-like manner; and/ore. Failure to adhere to operating hours; and/orf. Failure to comply with local, state, and federal laws; and/or g. Personal issues, e.g., substance abuse, excessive tardiness, and excessive absences as determined by the S.L.A.; and/orh. Failure to pass the Semi-Annual Review.2. Determination of Need for Intervention and/or Corrective Action Plan a. The S.L.A. may become aware of performance problems through the results of the semi-annual reviews, regular supervisory visits, building managers, Department of Health inspections, or any other valid source of information. Verbal reports will be accepted but written reports of misconduct are preferred and will be requested of the complainant(s).b. Upon S.L.A.'s notification of a performance problem, BEP Administrator will meet with the reporting party(ies) (if applicable and/or possible) and the vendor/licensee to discuss and determine the validity and seriousness of the complaint and, if valid, determine if a Corrective Action Plan should be developed and implemented to correct the problem(s).3. A Corrective Action Plan is developed with the cooperation of the vendor and identifies the problems leading to the determination that re-training or other intervention is necessary, and contains the actions/activities required to address and resolve the identified issues/deficits. a. The developed CAP is reviewed with the Vendor/licensee and signed by both the Vendor/licensee and BEP Administrator. Accessible copies are provided to both parties.b. The vendor/licensee must show a good faith effort in cooperating and participating in the activities outlined in the CAP until the end date stated in the CAP.4. Non-cooperation with Corrective Action Plan (CAP) a. Any vendor/licensee who does not participate in the development and implementation of a Corrective Action Plan (CAP) will cause her/his Operating Agreement to be suspended. Moreover, if the S.L.A. determines that the vendor/licensee is not making a good faith effort to participate in the CAP, or upon conclusion of the CAP end date, if no real remedy to the original problem(s) is exhibited, the vendor/licensee will be subject to suspension as described below.b. Such suspension shall result in the vendor's relinquishing control of the vending facility and leaving and/or remaining away/absent from the facility for the period of suspension.c. The vendor/licensee is deemed to be "not in good standing", and therefore ineligible to bid on any other facility (see § 3.8(C) of this Part above) until the problems/deficits are resolved through a CAP.d. The vendor/licensee's license to operate a vending facility may be (either suspended or) terminated due to non-cooperation.e. Recurrent performance problem(s) identified in a CAP which a Vendor/licensee fails to substantially correct may be cause for termination.B. Suspension 1. Any operating agreement issued to a vendor/licensee may also be suspended for the following reason(s): a. Extended absence due to vacation or illness resulting in prolonged incapacity or inability of the vendor/licensee to operate a vending facility in a manner consistent with the needs of the location, rules and regulations of the program, and/or be accountable to the S.L.A. for the operation of the business enterprise.b. Any agreement that is suspended for twelve (12) calendar months shall cease, and the S.L.A. may terminate the agreement. The Blind Vendor/licensee may then be placed on an inactive vendor/licensee list according to seniority. 218 R.I. Code R. 218-RICR-50-00-3.14