New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 4 - PERSONS WITH DISABILITIES
Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS
Section 9.4.5.33 - ASSIGNMENT, TRANSFER AND PROMOTION OF LICENSED MANAGERS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Purpose:To provide guidelines for the assignment of licensed managers to specific business enterprises.
B. Ready-for-assignment list:
C. Priority assignment:A manager who has been displaced from a facility through no fault of his or her own may be given priority to a new or vacant facility, if the requirements of operating the facility and its potential or actual earnings are comparable to those of the facility from which the manager was displaced. The SLA may offer a facility with comparable earnings to the displaced manager without going through the biding process.
D. Manager selection:When a new facility is established or when a vacancy occurs in an existing facility to which no manager is entitled to be given a priority assignment, all managers on the ready-for-assignment list, and managers already assigned to facilities will be notified in writing of the availability of the facility, its operating requirements (including any special or unusual requirements), the current or potential earnings, and the time period in which to request assignment to it (please refer to procedures manual). Managers who wish to be assigned, transferred or promoted to the facility shall notify the SLA in writing.
E. Criteria for assignment, transfer or promotion to a business enterprise facility:The following evaluation procedure has been developed by the SLA staff and committee of licensed managers and will be followed in completing the evaluation and selection of managers. Details on the procedure are contained in the procedures manual. Assignment, transfer or promotion of a manager to a business enterprise facility shall include consideration of seniority, provided that all of the specified criteria listed below are satisfactorily met:
F. Method of selection:The applicant's evaluations and contact reports prepared by the SLA staff shall be utilized to obtain information pertaining to the foregoing criteria referenced in 33.5.1.A-D [now Paragraphs (1) through (4) of Subsection E of Section 9.4.5.33 NMAC], above. All applicants for assignment, transfer or promotion, other than the applicant entitled to a priority assignment referenced above, shall be evaluated on the basis of the above criteria by members of the vending facility program staff and the evaluation committee. The evaluation committee will make its considered recommendations to the executive director, who shall make the final decision as to which applicant will be assigned, transferred or promoted to the new or vacant facility or whether it is advisable to rebid the facility. See the procedures manual for detailed instructions and forms.
G. Temporary operation of vending facilities:In some cases, the SLA may determine that it is in the best interest of the program for a facility to be operated on an interim basis prior to bidding the facility. There are two methods by which the SLA provides for the temporary operation of vending facilities:
H. Probation: All applicants chosen to be assigned, transferred or promoted to new or vacant facilities will be on probationary status for six months in order to evaluate the applicant's performance in the new facility. SLA staff will closely monitor the performance of the manager by making monthly evaluations. Staff will document any deficiencies in performance and ways to correct these deficiencies in a "Plan for Improvement" (see procedures manual). The probationary manager will be given a copy of the "Plan for Improvement" during a conference in which the SLA staff discusses the deficiencies with the manager and ways to correct the deficiencies. In addition, the licensed manager may request additional training in his or her areas of deficiencies as outlined during the probationary period. If at the end of the probationary period, deficiencies have not been corrected, the licensed manager's probationary period may be extended or the licensed manager may be removed from the facility with two weeks notice that he/she will be terminated. A manager removed for unsatisfactory performance will not be considered a displaced manager. If at the end of the six month period the manager has performed satisfactorily, he or she will be on permanent status.
I. Satellite program:
J. Manager rights and responsibilities.