Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 650 - VENDING FACILITY PROGRAM FOR THE BLIND
Section 650.110 - Disciplinary Procedures for Vendors

1) oral reprimand;

2) written reprimand;

3) suspension;

4) loss of facility; and

5) termination of license.

1) An oral reprimand is a discussion, in person or by telephone, involving the vendor, the business consultant, and the DHS Supervisor of Personnel and Training. An oral reprimand must occur within five days after any Program staff member's knowledge of an incident that occurred within the last 30 days. The oral reprimand shall identify the rules or policy violated, corrective action, and the consequences of repeated violations. An oral reprimand shall be used for the first violation of this Part, with the exception of Section 650.100(c), (g), (i), (k), (l), (m), (n), (o), (p), (r), and (y).

2) The discussion shall be identified to the vendor as an oral reprimand, and the vendor shall be advised that a rule has been violated and what corrective action is necessary.

3) The person giving the oral reprimand shall send a written report to the supervisor that shall include the time and date of violation, nature of the violation, corrective measures required, date of the oral reprimand, vendor's comments and vendor's signature. A copy shall also be provided to the vendor. The Supervisor of Personnel and Training shall, within 10 days after receipt, review the written report.

4) Action resulting in an oral reprimand that is not corrected may be the basis for a written reprimand.

1) A written reprimand shall be issued for a second violation of this Part following an oral reprimand for the same business practice violation. Written reprimands are also issued for the violation of a health code or location permit or contract violations.

2) Within 10 days after the supervisor's knowledge of the violation, provided the violation has occurred within the past 60 days, the supervisor shall prepare a written reprimand. The written reprimand shall be sent to the vendor's mailing address by certified mail, return receipt requested, or delivered in person by Program staff with a signed receipt to be returned to DHS.

3) The Supervisor shall prepare a written reprimand that:

4) A copy of the written reprimand shall be placed in the vendor's permanent personnel file. One year from the date of reprimand, the reprimand shall be removed from the vendor's personnel file and sent to the vendor.

1) Suspension shall be imposed either when a violation is repeated within a year after the date of the written reprimand or when an immediate suspension is warranted pursuant to subsection (e)(5) of this Section. The Administrator shall determine if suspension is warranted and, if so, the length of the suspension based on subsection (e)(3) and the effective date of the suspension.

2) If a vendor is suspended, the facility shall be operated by a replacement person. If the suspension is for more than six facility business days, an immediate inventory of all stock, equipment, and documents shall be taken, or directed to be taken, by DHS and recorded. If the suspension is for six facility business days or less, the vendor shall be assessed the daily average amount of income before set aside for the last three months or the cost of replacement labor, whichever is greater.

3) The first suspension for any violation shall be for up to 20 facility business days. If the violation is repeated within one year after the ending date of the first suspension, the second suspension shall be for up to 40 facility business days. If a vendor receives more than two suspensions for any reason during a three-year period, the third and subsequent suspensions shall be for 40 facility business days each.

4) Notices of Suspension shall be sent to the vendor, at his or her last known address, by certified mail, return receipt requested or delivered in person by Program staff with a signed receipt to be returned to DHS. The Notice of Suspension shall state the effective date, the basis for the suspension, and the length of the suspension.

5) An immediate suspension of three facility business days shall be imposed without notice pursuant to subsection (e)(4) of this Section by the Supervisor if the vendor's continued presence could be a direct threat to self, others, property, or the loss of the facility (e.g., fighting with customers, being under the influence of drugs or alcohol, disorderly conduct, using profane language with customers) or if necessary to investigate charges of misconduct. This discipline may be grieved pursuant to Section 650.130 and, if the decision favors the vendor, the vendor shall be reimbursed the costs of replacement labor.

1) A vendor shall lose the facility if one of the following occurs:

2) If for two consecutive months the gross profit (i.e., the ratio of cost of goods to net sales) of the assigned facility is more than 10% below the projected average, or the average profit percentage is more than 8% below the projected average for four consecutive months, DHS will observe the facility's operations to determine the cause of the failure to meet projections. If it is determined the vendor is at fault, DHS will make written recommendations to improve the actual gross profit percentage. If after two more months the facility is not within three percentage points of the projected goal, the vendor shall lose the facility.

3) The loss of a facility by a vendor shall not restrict the vendor from bidding on another facility, but he or she shall not be awarded the same facility.

1) A license shall terminate, without further notice, when:

2) An individual must wait two years from the effective date of license termination before applying for readmission to the Program in accordance with Sections 650.50 and 650.60. All seniority rights shall be lost at the time of the license termination and shall not be reinstated.