22 CAR § 5-505. Disciplinary action

(a) If the vendor has engaged in conduct or actions that hinder or are detrimental to the effective operation of the facility, disciplinary action, not subject to 22 CAR § 5-302, termination of licenses, will be taken as follows: (1)(A) A verbal warning from the Vending Facility Program Administrator or his or her designee. (B) This warning will be noted in the vendor’s personnel file; (2) A written warning to the vendor setting forth the specific: (A) Policy violations; (B) Steps for correction; and (C) Consequences of continued violations; (3)(A) Should violations continue, the vendor will be placed in probationary status for a prescribed time and specific terms outlined for removal from probation. (B) Probationary periods will not exceed three (3) months. (C) No licensed blind vendor or certified licensee shall be eligible to apply for a transfer or promotion to an existing vacant location if the licensed blind vendor or certified licensee has been placed on probation or suspension. (D) The ineligibility to make application for transfer or promotion shall extend through the entire time of probation and/or suspension, and said persons shall not have the right to make application for transfer and/or promotion until they have been removed from probation or suspension; (4)(A) Continued failure to comply with policies will result in suspension. (B) When a vendor is suspended for any reason, the following criteria will apply: (i) Extra help will be paid from the proceeds of the location, but the licensed blind vendor will receive the net profits; (ii) Vendor is not eligible to apply for transfer or promotion; (iii) Suspension will not exceed ten (10) working days unless extenuating circumstances are involved; (iv)(a) Under extenuating circumstances when suspension exceeds ten (10) days, seniority will be frozen for the length of suspension. (b) A new license will be issued reflecting the adjusted seniority date; and (v) Leave benefits are not available to vendor while on suspension; and (5) Continued failure to comply with policies will result in termination in accordance with 22 CAR § 5-302. (b) At any step of the disciplinary process, the vendor must be advised of his or her rights and remedies as set forth in 22 CAR § 5-1101 et seq. (c) Licensed vendor without a location. When a vendor has completed actions that place him or her into the status of “a vendor without a location”, the following stipulations apply: (1)(A) The vendor cannot earn or use sick leave, and any accumulated sick leave will be frozen until the vendor is assigned a location. (B) When the vendor is assigned a location, he or she will earn sick leave in accordance with 22 CAR § 5-602; (2)(A) The vendor will have a one-year period from the date the action or actions were completed that he or she can decline assignment to any location. (B) After a one-year period has elapsed, the vendor must accept any unassigned facility. (C) If the vendor does not accept assignment and operate the facility, his or her license will be revoked; (3) Vacation, seniority (22 CAR § 5-505(a)(4)(B)(iv)), retirement, and other matters will be determined in accordance with this part; and (4)(A) Vendor will not receive any priority in the bid process other than his or her seniority date in accordance with 22 CAR §§ 5-503 and 5-504. (B) Vendor is not a displaced vendor.