(a) A vendor who has been displaced through loss of entitlement to operate a vending facility through no fault of his or her own:

1. (1) May be given priority as to determination of the person to be assigned to a new or vacant facility if it is equivalent to the facility that he or she formerly operated; and
2. (2) Will continue to accrue seniority and vacation in displacement status (see 22 CAR § 5-503 for definition of seniority).

(b)

1. (1) Displaced vendors cannot earn or use sick leave, and any accumulated sick leave will be frozen until the vendor is assigned a location.
2. (2) When the vendor is reassigned a location, he or she will earn sick leave in accordance with 22 CAR § 5-602.

(c)

1. (1) When the Vending Facility Program initiates or receives written notification from the grantor to close the location, the vendor will become displaced if it is through no fault of his or her own.
2. (2) When verbal notification is received, the Vending Facility Program Administrator will send a letter verifying that the location will close on a specific date.

3. (3)

   1. (A) The vendor will then be placed in displaced status the date of the letter.
   2. (B) The vendor does not have to be inventoried out of the location to receive displaced status benefits.

(f)

1. (1) The determination of vendor’s average gross profit shall be based upon vendor’s previous thirteen (13) reporting periods.
2. (2) The vendor’s average gross profit shall be computed by taking the sum of the total vendor’s gross profit for the thirteen (13) periods prior to displacement and dividing by thirteen (13).
3. (3) If the vendor in displaced status was a newly licensed vendor for less than thirteen (13) periods prior to displacement from the date of initial licensing to operate a vending facility, then the period of time from the date of licensing to the date of displacement shall be used to compute the vendor’s total and average per period gross profit.
4. (4) Newly licensed vendor’s gross profit per period shall be computed by taking the total vendor’s gross profit and dividing by the number of four-week fiscal reporting periods or fractions thereof.
5. (5) In the case of a vendor who has had more than one (1) assignment within the previous thirteen (13) reporting periods or after the date of initial licensing to the time of displacement, the vendor’s average gross profit shall be computed by taking the total of all vendor’s gross profit regardless of assignment from the covered reporting periods, not to exceed thirteen (13) reporting periods, and then divide by that number of periods.

(g)

1. (1) The following process shall be used to determine the financial equivalence of a location.
2. (2) A facility that has been in existence greater than thirteen (13) fiscal reporting periods shall have the previous thirteen (13) fiscal reporting periods used to determine the average gross profit of the location.
3. (3) If the location is a new location then the average will be determined for the length of time that the facility has been opened up to a maximum of thirteen (13) reporting periods.

(h)

1. (1) All vacant facilities will be advertised, and vendors in displaced status wishing to place application on the basis of displaced status may do so and will be considered as displaced vendors in accordance with displaced vendor policy.
2. (2) A displaced vendor may elect to use the displacement option on locations that are equivalent or less if they so choose.

3. (3)

   1. (A) During a one-year period following the displacement, the vendor may decline assignment to any location.
   2. (B) After a period of one (1) year has elapsed since displacement, the vendor must accept any unassigned vending facility.
   3. (C) The offer of such location or locations shall be made in writing to the displaced vendor, and failure to accept such written offers shall cause the displaced vendor’s license to be revoked.
4. (4) When more than one (1) displaced vendor is eligible for a location in this situation, the vendor who has been displaced longest will be given priority for a location.