(a) The criteria to determine the vendor who will be transferred or promoted are:

1. (1) Seniority, provided the other specified criteria are satisfactorily met;
2. (2) Ability to meet the physical requirements of operating the facility;
3. (3) Satisfactory work habits;
4. (4) Work attitude, including good customer relations and cooperation with property management;
5. (5) Knowledge and application of sound business practices; and
6. (6) Not on probation, suspension, or in violation of 22 CAR § 5-402(r).

(b)

1. (1) “Seniority” means the period of continuous service from the day upon which a vendor was assigned to operate a facility within the program until the day on which it is necessary to compute the amount of seniority he or she has accrued.
2. (2) Other time that will be computed toward “seniority” includes the date of certification for licensing, which shall be used primarily for determining location assignment among certified licensees who have no accrued “seniority” when no other licensed blind vendor with accrued seniority has made application for transfer or promotion.

(c)

1. (1) All applicants for transfer or promotion shall be ranked on the basis of these criteria by the appropriate members of the Vending Facility Program’s staff and the Transfer and Promotion Subcommittee of the State Committee of Blind Vendors.
2. (2) The recommendation of the staff and the subcommittee along with the reasons for such recommendations will be forwarded to the Vending Facility Program Administrator or his or her designee who shall make the final decision as to the vendor who will receive the transfer or promotion.

(d)

1. (1) In the event a licensed blind vendor is not recommended by his or her specialist for transfer or promotion, the licensed blind vendor must be provided training to correct any deficiencies noted in order to satisfy the requirements for operation.

2. (2) This training may include, but not be limited to:

   1. (A) On-the-job training; and
   2. (B) Classroom training.

(e)

1. (1) Once the transfer and promotion subcommittee has awarded a location to a vendor, the administrator will immediately notify that vendor.

2. (2)

   1. (A) At that time, the vendor awarded the location cannot refuse to accept the location.
   2. (B) If a vendor chooses to refuse the awarded location, their license is automatically terminated in accordance with 22 CAR § 5-302(a)(10).
3. (3) The vendor will have a maximum of ten (10) working days to accept inventory assignment to the new location unless the location is not in the vendor’s locality.
4. (4) The vendor will not be eligible to bid or be awarded any other location by transfer or promotion until they have completed ninety (90) days of operations at the awarded location.

5. (5)

   1. (A) In the event that legal action arises over vendor transfer or promotion, the state licensing agency will be responsible for all judgments and legal actions taken.
   2. (B) The set-aside and special programs funds are not subject to any liabilities for management decisions of the state licensing agency.

(f) Composition of Transfer and Promotion Subcommittee.

1. (1) After the conclusion of the bid application process, the Chairperson of the State Committee of Blind Vendors shall assign a Transfer and Promotion Subcommittee to meet with the administrator in considering applicants for a location.

2. (2) The subcommittee must consist of the following:

   1. (A) A licensed blind vendor representative from each region of the state;
   2. (B) At least one (1) member of a minority group; and
   3. (C) At least one (1) female.

3. (3)

   1. (A) The subcommittee shall consist of four (4) individuals and the chairperson meeting the above referenced criteria.
   2. (B) No person is eligible to serve on the committee who has submitted an application or who is directly related to anyone submitting an application for transfer or promotion.

4. (4) The subcommittee shall then be called by the chairperson to meet with the administrator to:

   1. (A) Consider all applicants; and
   2. (B) Make recommendations for transfer or promotion.