Section R6-4-308. Qualifications for placement in a business facility

A.      When a business facility becomes available the BEP shall:

1.        Notify each BEP operator and certified trainee in writing of the opportunity to request placement in a location by filing an application. The notice shall be mailed at least 15 calendar days prior to the announced closure of the fil- ing period;

2.        Accept any timely filed written application which con- tains a statement of interest in placement in the facility.

B.       A qualifications committee shall consider each applicant’s record on file with the BEP, together with the application and any supporting documents. The committee shall be comprised of:

1.        Two voting BEP staff members.

2.        Two voting BEP operators appointed by the chairman of APOC.

3.        The BEP supervisor shall act as the chairman of the com- mittee. He shall vote only in the event of a tie. The com- mittee chairman shall consult with the chairman of APOC before casting his vote.

C.      Qualifications of a BEP operator or a certified trainee for placement in a business facility shall be determined based upon:

1.        For a BEP operator:

a.        Compliance with the BEP operator’s agreement and with the provisions of this Article.

b.        The existence of no more than two substantiated customer complaints during the prior six month period. Only written and signed complaints shall be considered.

c.        Maintenance of a level of inventory adequate for the location in which the operator is currently placed.

d.        Degree of profitability of a facility under the opera- tor’s management.

e.        Involvement of the operator in training and semi- nars.

f.         Attendance at the last all operators meeting.

2.        For a certified trainee: relevant knowledge, skill, training, prior experience or education, and the performance of the individual during training.

D.      The committee shall make its determination by majority vote within 30 calendar days from the closure of the filing period.

E.       Each applicant shall be notified by the BEP within seven cal- endar days of the committee’s determination. For those appli- cants found disqualified, the notification shall be in writing and shall include the reasons for the disqualification, and notice of the right to appeal.

Historical Note

Adopted effective May 7, 1990 (Supp. 90-2).