Code of Maine Rules
12 - DEPARTMENT OF LABOR
150 - BLIND AND VISUALLY IMPAIRED DIVISION
Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM
Section 150-15-5 - ASSIGNMENTS OF LOCATIONS

Universal Citation: 12 ME Code Rules ยง 150-15-5

Current through 2024-38, September 18, 2024

1. In authorizing vending facilities or other businesses on state property, the Division for the Blind and Visually Impaired SLA shall give preference to persons who are blind and who are licensed by the SLA in order to enlarge the economic opportunities of persons who are blind and visually impaired by providing remunerative employment opportunities.

For the purpose of assisting blind persons to become self-supporting, the SLA is hereby authorized to carry on activities to promote the employment of eligible blind persons, including the licensing and establishment of such persons as operators of vending facilities on public property. Blind licensees shall be given the first opportunity to participate in the operation of vending facilities on all state properties when such facilities are operated under the supervision of the Division for the Blind and Visually Impaired SLA.

2. When a location for a new facility has been established or a vacancy in an existing location is created, the facility manager will be assigned according to the following procedure:

A. All licensed managers will be notified of the vacancy. As much information as possible about the potential of the business shall be included.

B. Interviews shall be held for all qualified managers who request to be a candidate for the new location and who have been trained or hold a certificate for type of facility i.e., snack bar, cafeteria, vending or Micro Market.

A representative of the SLA, along with at least one licensed manager will be on the selection panel. Factors to be considered by the panel when making the selection will be:

(1) Managerial and other skills and abilities demonstrated by the candidates, as they fit the type of available facility, including handling labor needs, complexity of financial requirements, food preparation and customer relations.

(2) Previous records of the candidates under consideration, including submission of required reports in an accurate and timely fashion, customer satisfaction, improvements in profits or number of customers as a result of the manager's abilities, safety and sanitation inspections, fee and bill payment history, attendance at training meetings, and past evaluations by the SLA.

(3) Seniority of eligible candidates when all other qualities are equal.

(4) For managers who wish to transfer to the new or vacant site on a permanent basis, the SLA and manager will work to ensure the least amount of disruption between the old and new site.

3. When new seasonal locations become available, managers already assigned to a seasonal location shall be given preference when it creates full year employment. When opening the additional facility, the manager must continue to operate the current facility and allow no more than one-week break in service between the old and new site.

4. A manager transferring to a new location is responsible for the cleanliness of the current facility upon departure. SLA shall inspect and determine if the facility is properly cleaned using an inspection checklist. If not, arrangements will be made for the facility to be cleaned, and the exiting manager shall be charged accordingly.

5. TEMPORARY LOCATIONS

A. If circumstances require, the SLA may place a facility under temporary management.
(1) If a manager wishes to retain primary site and temporarily cover vacant site, they will notify the SLA and a decision/selection will be made with consideration given to the following: displaced managers whose facilities are closed or have low profitability due to size and location may be given first opportunity. Other considerations include availability and ability to operate more than one facility based on performance with primary facility.

(2) All sales, expenses, and income records derived from a temporary assignment shall be maintained and reported separately from those incurred in a manager's permanent facility.

(3) Individuals selected for a temporary assignment shall be in good standing with BEP.

(4) All temporary managers must sign a standard temporary operating agreement. The temporary operating agreement will clearly define the responsibilities of the SLA and the manager with respect to the terms and conditions governing the effective and efficient operation of the facility. A copy of the initial inventory will be provided. All temporary managers must abide by and comply with the rules and regulations governing the BEP.

(5) A temporary agreement will be in effect until a permanent manager is assigned. A temporary agreement shall extend for an initial period of not greater than six (6) months unless it is determined by the SLA with input from the Committee of Blind Managers, that it is in the best interest of the BEP to extend the temporary agreement for an additional 6 months. Review will take place for each site prior to the expiration of Agreements.

(6) At each semi-annual Committee of Blind Manager meeting, the SLA shall provide a list of all BEP facilities being operated on a temporary basis to the Committee.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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