Section R6-4-322. Guaranteed fair minimum of return

A.      A guaranteed fair minimum of return shall be granted to a BEP operator by the BEP if the net proceeds over three consecutive months average less than the prevailing federal minimum wage and if the reason for the low net proceeds is beyond the control of the operator as determined by the BEP, following consultation with APOC. The need for a guaranteed fair mini- mum of return may be reflected in the monthly operator’s report pursuant to R6-4-324(B) or may be requested by the BEP operator.

B.       The BEP shall notify the BEP operator of approval or denial of the request for a fair minimum of return within 15 calendar days of the operator’s request.

C.      Any denial by the BEP of a guaranteed fair minimum of return to a BEP operator shall be reduced to writing and issued by certified mail, return receipt requested, or in person and shall include the reasons for the determination and notice of the right to appeal.

Historical Note

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