Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
selection of a licensee or vendor to operate a vending facility shall be made by a
Selection Committee for Vending Facilities, as defined in Section
7211(a)(40) of these
regulations. The Selection Committee for Vending Facilities shall consist of three
representatives of the contracting agency, as defined in Section
7211(a)(12) of these
regulations, unless a written waiver stating that the Selection Committee for
Vending Facilities shall consist of less than three representatives has been signed
by the individual responsible for representing the contracting agency. If the
contracting agency chooses not to be represented, the Selection Committee for
Vending Facilities members shall be individuals with administrative or managerial
experience in food service recruited by the Business Enterprises Program for the
Blind, herein BEP, who do not work for the BEP.
(1)
The contracting agency may reverse its decision not to be represented until such
time as all three members of the Selection Committee for Vending Facilities
recruited by the BEP have agreed to serve.
(b) Members of the Selection Committee for Vending
Facilities shall:
(1) Be present at each applicant
selection interview.
(2) Comply with any
instructions from the Selection Coordinator and the Selection Committee
Chairperson.
(3) Ask only questions
developed by the Selection Committee and approved by the Selection
Coordinator.
(4) Score each applicant
fairly and consistently.
(5) Not solicit
opinions from the Selection Coordinator regarding a particular applicant.
(6) Not discuss the scores of any applicant prior
to announcement of the results of the selection process. Any contacts with
applicants following selection interviews shall only be made by the Selection
Coordinator.
(c) The Selection
Coordinator, as defined in Section
7211(a)(41) of these
regulations, shall serve as a non-scoring facilitator and coordinator for the
Selection Committee for Vending Facilities. The Selection Coordinator shall:
(1) Contact a representative of the contracting
agency and request the contracting agency identify the person who shall serve as the
Selection Committee for Vending Facilities Chairperson and assist in establishing
the Selection Committee for Vending Facilities.
(2) If the contracting agency declines to
participate in the selection process, assist in the recruitment of Selection
Committee for Vending Facilities members and, if necessary, assist members to select
a Chairperson.
(3) Provide orientation
to Selection Committee for Vending Facilities members and provide any needed
materials.
(4) Not offer any opinions as
to any applicants at any time.
(5) Prior
to the commencement of selection interviews, advise members of the Selection
Committee for Vending Facilities that the selection process must remain
confidential, and that members may not discuss the substance of selection interviews
of applicants with anyone either during or after the completion of the selection
process, except other members of the Selection Committee for Vending Facilities, and
that the applicant selected is not to be discussed with anyone other than members of
the Selection Committee for Vending Facilities until results are released under
conditions specified in subsection (d) herein.
(6) Prior to the commencement of selection
interviews, advise applicants that:
(A) All
information contained in the applicant's resume and business plan and any other
statements made by the applicant during the selection interview are subject to
confirmation by the contracting agency prior to a final decision by the Selection
Committee for Vending Facilities.
(B)
Each applicant's selection interview is being recorded by the Department for
administrative purposes.
(C) On request,
the Department shall record the applicant's selection interview for his or her
personal use. The applicant must provide a blank cassette tape for this
purpose.
(D) If the applicant later
requests an administrative review and/or a full evidentiary hearing and requests
copies of recorded selection interviews, the Department shall provide only his or
her recorded interview.
(7) Be
present during all selection interviews of applicants.
(8) Call each applicant into the selection
interview room and introduce the applicant to the Selection Committee for Vending
Facilities members. Any member from the contracting agency shall be identified by
name and position title.
(9) Provide and
operate a tape recorder and record all selection interviews for the Department and
at the request of an applicant.
(10)
Ensure that all applicants are asked the same questions and advise members of the
Selection Committee for Vending Facilities when they ask an inappropriate question
that cannot be permitted.
(11) Clarify
conditions and requirements that apply to the vending facility for which applicants
are competing, as necessary.
(12) Assure
that applicants do not present any materials or persons prohibited pursuant to
Section 7214.4(g) of these
regulations.
(13) At the conclusion of
the selection interviews, verify computations of scores assigned to applicants by
members of the Selection Committee for Vending Facilities and record those scores
for approval by the Chairperson.
(d) After all applicants scores have been recorded
and approved by the Chairperson of the Selection Committee for Vending Facilities,
the Selection Coordinator shall provide the following information to each applicant
who was interviewed:
(1) His or her total score and
placement in the selection interviews;
(2) The name of the applicant selected;
and
(3) A copy of the list of applicant
scores and placements without identifying the applicants in relation to the
scores.
(e) Duties of the
Chairperson of the Selection Committee for Vending Facilities shall include the
following:
(1) Ensure that the selection interview
schedule is maintained. Selection interviews shall be limited to one hour for each
applicant unless the Selection Committee for Vending Facilities members determine a
longer period is needed before the first selection interview and each applicant is
given the same opportunity.
(2) Provide
the applicant with the opportunity to state his or her relevant education and
experience and discuss his or her overall plan to manage the vending facility,
including the business plan, and ask standard questions developed by the Selection
Committee for Vending Facilities.
(3)
Ask the questions developed prior to the interviews by the Selection Committee for
Vending Facilities.
(4) Ensure that each
member of the Selection Committee for Vending Facilities has the opportunity to ask
the questions he or she has selected from a list of predetermined interview
questions, as well as other questions that arise during the selection interview that
pertain to the operation of the vending facility.
(5) Ensure that all questions asked of the
applicant are relevant to the applicant's education, experience, or plans for the
operation of the vending facility.
(6)
Provide the applicant with the opportunity to give a closing statement.
(7) Provide the contracting agency with time to
perform any independent confirmation of an applicant's experience or other
information on the applicant's resume and conduct any criminal and substance abuse
background checks, if deemed necessary, prior to selection of the
applicant.
(8) Record the scores of each
applicant. The Chairperson shall review the scores with the Selection Coordinator
before concluding the selection interview process. Any applicant who is rejected by
the contracting agency pursuant to subsection (e)(7) herein shall be notified by the
Chairperson of the Selection Committee for Vending Facilities that he or she has
been eliminated from the selection process for good cause, as determined by the
contracting agency.
1. New section
filed 9-22-2009; operative upon the approval of the Secretary of the United States
Department of Education, in accordance with title 34, Code of Federal Regulations,
section 395.4(a) (Register
2009, No. 39).
2. Approved by the Secretary of the United States
Department of Education in accordance with section
395.4(a) of title 34
of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to
section 7210(b)(2) of title 9
of the California Code of Regulations (Register 2010, No. 39).
Note: Authority cited:
20 USC Section
107b(5);
34 CFR Section
395.4; and Sections
19006,
19016 and
19639, Welfare and Institutions Code.
Reference: 20 USC Sections
107b(6) and
107d-1(a);
34 CFR Sections
395.2,
395.3(a)(7) and
395.13; and Sections
19011 and
19635, Welfare and Institutions
Code.
