Section 393.47. Licensee promotions and demotions.

(1) The bid process is governed by this rule.  A licensee may be promoted to another, or a more profitable, vending facility when a vending facility becomes available. To be promoted, a licensee shall bid on the facility, be willing to relocate, and be qualified.  All of the following shall be included as licensee qualification factors:

(a)     Certification to operate the specific type of facility.

(b)     Evaluation of past performance.

(c)     Participation in the in-service training programs.

(d)    Seniority.

(e)     Compliance with all program rules and regulations. When all factors are equal, seniority shall prevail. Promotion procedures shall be uniformly applied and developed with the active participation of the committee.

(2)       A licensee shall participate in mandatory in-service training and shall not be eligible for promotion until training is completed. A licensee may be excused from mandatory in-service training only with written supervisory approval.

(3)      When a licensee has demonstrated an inability to operate the present vending facility under uniformly applied program standards, developed with the active participation of the committee, the licensee may be demoted or transferred to another vending facility that the licensee is considered qualified to operate, if a facility is available. If a facility is not available, then the licensee shall be removed from the present facility and the licensee's name shall be placed on the potential licensee's list until a facility is available. Demotion and transfer or removal of a licensee shall conform to the procedures outlined in R 393.13, R 393.14, R 393.15, and R 393.16.

History: 2004 AACS.