Idaho Administrative Code
Title IDAPA 15 - Governor, Office of
Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM
Section 15.02.30.140 - TERMINATION AND SUSPENSION OF AGREEMENTS/CONTRACTS
Current through August 31, 2023
01. Grounds for Termination. Agreements and contracts may be terminated if: (3-31-22)
02. Notice of Termination. The notice shall be in writing and specify the grounds upon which the notice of termination is based and advise the vendor of his right to administrative review and a full evidentiary hearing. (3-31-22)
03. Request for Review Not a Stay. A timely filed request for administrative review shall not stay the termination of an agreement or contract. (3-31-22)
04. Review. The termination becomes effective following the fifteen (15) day notice period unless the vendor seeks administrative review, in which case the License may be suspended and any contract or agreement may be terminated pending completion of the administrative review, full evidentiary hearing, and subsequent appeals. Until the review process has been concluded, the Program shall operate the facility. At the conclusion of the review process, should the vendor prevail, the Program shall restore all rights and benefits to the vendor including compensation for the period of termination calculated at a weekly rate determined by averaging the net income for the facility for the eight (8) weeks prior to the notice of termination. (3-31-22)
05. Grounds for Suspension. Agreements and contracts may be suspended if: (3-31-22)
06. Notice of Suspension. A written notice of suspension shall be delivered to the vendor and shall state the reason for the suspension. Suspension may continue up to sixty (60) days. If the vendor seeks administrative review of the suspension, the suspension shall continue until the administrative review, evidentiary hearing, and subsequent proceedings have concluded. During the suspension, the facility shall be operated by the Program. At the conclusion of the review process, should the vendor prevail, the Program shall restore all rights and benefits to the vendor including compensation for the period of termination calculated at a weekly rate determined by averaging the net income for the facility for the eight (8) weeks prior to the notice of termination. (3-31-22)
07. Cancellation. An agreement or contract may be cancelled by the Program at any time should the facility cease to be a vending facility by revocation of the permit by the property manager. Cancellation under this Subsection shall not affect licensure and does not give rise to a right to administrative review, evidentiary hearing or other relief. (3-31-22)