R 393.11 Licensing procedure.

Rule 11. (1) To be licensed, a person shall comply with all of the following requirements: (a) Be certified by the commission as qualified to operate a vending facility. (b) Be placed on the potential licensee list. (c) Bid on a facility. (d) Be awarded a facility. (e) Sign an inventory for the facility. (f) Successfully operate a facility for 6 months. (2) A license is valid on the date the potential licensee successfully completes a 6-month probationary period in the vending facility and is valid for an indefinite period but subject to rules regarding suspension or termination, as defined in R 393.13, R 393.14, R 393.15, and R 393.16. The license is subject to suspension or termination if, after affording the licensee an opportunity for a full evidentiary hearing, the state licensing agency finds that the vending facility is not being operated in accordance with its rules and regulations, the terms and conditions of the permit, and the terms and the conditions of the agreement with the licensee. (3) A license may be voluntarily surrendered by a licensee. (4) Licensee seniority commences on the first day of the probationary period. Seniority is awarded retroactively at the end of the successfully completed probationary period. Seniority continues to accrue uninterrupted unless the license is suspended or revoked or unless 7 or more days elapse between the implementation of a current vending facility agreement and a new vending facility agreement. If 7 or more days elapse, then seniority is interrupted until the new vending facility agreement is signed by both the licensee and the commission. (5) Before accepting another facility, a licensee shall operate his or her facility for not less than 6 months. (6) For seniority purposes, ranking on the potential licensee list is based upon the first business day after completion of training, as shown by the documents submitted. If a tie occurs, then the following criteria are used to break the tie in a manner determined by the commission board, with the active participation of the committee: (a) Rank-ordered scores from the educational foundation of the national restaurant association food service sanitation course exam. (b) Rank-ordered scores from the vending facility training final exam. (c) Rank-ordered scores from the Michigan community public health agency food service sanitation course exam. (d) If a tie score exists after the first 3 criteria specified in subdivisions (a) to (c) of this subrule have been applied, then the time stamp of the bid, as recorded on the bid line, determines the recipient of the award. (7) Once a trainee's name has been placed upon the potential licensee list, he or she may begin bidding.