Current through September 24, 2024
(1) The Agency
shall issue licenses for an indefinite period, but subject to termination if,
after affording the manager an opportunity for a full evidentiary hearing, the
Agency finds that the vending facility is not being operated in accordance
with:
(a) the rules and regulations governing
the program;
(b) the terms and
conditions of the permit;
(c) the
duties and responsibilities of the IOFA;
(d) policies and procedures as specified in
the TBE Operations Manual;
(e)
state law, the violation of which is, or reasonably may, result in financial or
physical harm to the customers of the facility or other persons, the Department
or the manager; or
(f) regulations
of other agencies of the State of Tennessee which have regulatory authority
directly related to the operation of a vending facility.
(2) The Agency will give thirty (30) days
notice in advance of terminating a manager's license, and such advance notice
shall be given only after the expiration of a thirty (30) day probationary
period, except as provided in chapters 1240-6-9-.03(3) and
1240-6-3-.01.
(3) The Agency must
revoke the manager's license if:
(a) The
manager resigns from TBE;
(b) The
manager has an extended illness with a medically documented diagnosis of the
manager's incapacity to operate a facility; provided that the Agency has made
available to the manager transfer eligibility under chapter 1240-6-5-.03(3),
and that eligibility has expired;
(c) The manager loses his/her
certification(s) and fails to reapply within the allotted time to attend and
subsequently complete the next entry-level training class pursuant to chapter
1240-6-4-.02(4); or
(d) The manager
fails to meet the definition of blindness as set forth at chapter
1240-6-1-.02(4) and 34 C.F.R. § 395.1(c). At its discretion, the Agency
may require the manager to undergo an ophthalmologic examination to verify
blindness. If an examination is required, the Agency will select the doctor and
will pay for the office visit.
Authority: T.C.A. §§
4-5-201 et seq., 49-11-601 et seq.,
71-1-104, 71-1-105(12), 71-4-603, and 71-4-604(c); 34 C.F.R. § 395 et
seq., 34 C.F.R. § 395.1, 34 C.F.R. § 395.4, and 34 C.F.R. §
395.7.
