1. (1) If a manager is dedicated to the appropriate management of his/her facility and is exerting all of his/her ability to effectively operate the business but is not able to do so because of the demands of the facility, the Agency has the right to remove the manager from the facility as opposed to initiating disciplinary action. Prior to any such removal, documented observations of inadequate performance must be presented to the manager at least thirty (30) days before any removal can take place. This will allow the manager the necessary time to make any adjustments, if any can be made, to improve the efficiency and effectiveness of the facility’s operation.

   1. (a) If, after the expiration of the allotted time, the circumstances have not changed, the Agency shall immediately remove the manager from the facility and place him/her on demotion status and the Ready-for-Employment List. The manager will maintain all benefits for a period of two (2) years and continue to accrue seniority during that period of time.
   2. (b) The manager shall not be eligible to compete for a facility by virtue of the demotion status if the facility's annual sales exceed eighty-five percent (85%) of those of the facility from which the manager was demoted.

Authority: T.C.A §§ 4-5-201 et seq., 49-11-601 et seq., 71-1-104; 71-1-105(12), and 71-4-604(c); 34 C.F.R. § 395 et seq. and 34 C.F.R. § 395.7 (b ). Administrative History: Original rule filed May 25, 1983; effective June 24, 1983. Repeal filed December 6, 1983; effective January 5, 1984. Repeal and new rule filed April 8, 2005; effective June 22, 2005.