(a) A license is issued for an indefinite
period of time but may be suspended or revoked by the division after affording
the licensee an opportunity for an administrative review and evidentiary
hearing under
8 AAC 98.470 and
8 AAC 98.480, respectively, for any of the following
reasons:
(1) in the case of facilities on
federal property, the licensee experiences an improvement of vision so that the
licensee is no longer blind, or, in the case of facilities operated on state
property, the licensee experiences an improvement in the disabling condition so
that the licensee is no longer blind or severely disabled;
(2) absences from the facility of more than
four days without approval from the division;
(3) extended illness (exceeding three months)
with a medical diagnosis of prolonged incapacity to operate the vending
facility in a manner consistent with the needs of the location, or other
available locations in the vending facility program; this period may be
extended by the director if adequate coverage of the facility can be
arranged;
(4) a request by the
management of the building in which the vending facility is located that the
operator be moved for failure to comply with applicable building
rules;
(5) operating the facility
in a manner that places the division's investment in the facility at risk,
including destruction or neglect of equipment, failure to follow fire and
safety standards, failure to pay wholesalers, failure to keep adequate stock on
hand, or carrying on illegal practices;
(6) failure to pay a government agency,
supplier, or creditor any taxes or other money due;
(7) refusal to cooperate with the division or
to abide by the terms of the written operating agreement;
(8) demonstrated incompetency in the
operation of a vending facility, including inadequate record keeping, failure
to keep the required hours on a consistent basis, failure to employ adequate
staff during absences, and failure to accept division management
oversight;
(9) submitting untimely,
inaccurate, or false reports on expenditures and income to the division;
or
(10) failure to comply with the
provisions of this chapter or with applicable health codes.
(b) In its discretion, the
division will permit a licensee to continue operating the facility for a
probationary period in place of revocation proceedings. The initial
probationary period will not exceed 90 days. During the probation, the licensee
shall take corrective action. If the licensee takes corrective action but is
experiencing difficulty in compliance, the division will, in its discretion,
extend the probation for an additional 90 days.
(1) The licensee will be notified of the
probationary period in writing by certified mail with return receipt requested.
Probation will begin on the date the letter is received.
