Code of Massachusetts Regulations
111 CMR - MASSACHUSETTS COMMISSION FOR THE BLIND
Title 111 CMR 3.00 - Vending Facilities Program
Section 3.06 - Selection of Vendor
Current through Register 1531, September 27, 2024
(1) Notice of Opportunity. Subsequent to execution of a permit or subsequent to receipt of notice of pending vacancy in a facility operating under a permit reasonably anticipated to remain effective for one year or more, the Commission shall give notice to all licensees and invite applications for operation of the facility. Notice and invitation shall be furnished by program newsletter or by letter and shall describe the facility's gross sales for the previous year, if any; availability of the permit for review by licensees; directions to the facility; a deadline for receipt of applications; and such other information as may be deemed necessary.
(2) Application. No application may be accepted for review by the Commission unless it consists of a signed writing containing identification of date, applicant, vending facility, a clear statement of the applicant's desire to operate the facility, a clear statement of order of preferred facilities where more than one is the subject of concurrent application by the same licensee, and unless prior to the deadline for the submission of applications it is delivered either by certified mail return receipt requested to the program or by the applicant or his or her designee to a program staff member in exchange for a signed receipt.
(3) Selection Board. Selection for operation of vending facilities shall be performed pursuant to 111 CMR 3.06 by the Director, taking into consideration the recommendation of a Selection Board consisting of two program staff members chosen by the Commission and three Committee members chosen by the State Committee of Blind Vendors. Selection Board members shall serve coterminous with State Committee members: i.e. for two year terms beginning the first day of September of every odd numbered year. Each formal Board decision shall require participation by at least four Board Members.
(4) Selection Process.
(5) Seniority.
(6) Acceptance and Non-acceptance of Selection. Within seven calendar days of the Selection Board's recommendation to the Director of an applicant for operation of a facility, the Director shall give him or her written notice of the decision, provided the Director accepts the recommendation. Within five business days of the Director or his designee tendering the notice, the applicant shall give written notice of acceptance or non-acceptance. Acceptance shall be indicated by delivering a signed vendor's agreement to the Commission. Failure to so deliver within the five-day period automatically shall be deemed a non-acceptance. Upon a licensee's non-acceptance of selection, or upon revocation of acceptance occurring within 90 days of acceptance of selection, or upon a licensee's death the Director shall successively select and give notice to the next most senior qualified applicant in the highest priority category subject to the Director's discretion as above. The above stated seven and five day notice requirements shall apply to each successive selection of an applicant. Where no qualified applicant is available, the Director may identify an alternative procedure of vendor selection. All notices furnished pursuant to 111 CMR 3.06(6) shall be delivered certified mail return receipt requested or in-hand in exchange for a signed receipt.