Section 17-403-12 - Suspension or termination of licenses(a) Licenses shall be subject to Suspension or termination for cause, when the SLA: (1) Finds that the vending facility is not being operated in accordance with this chapter, the terms and conditions of the permit, contract, or written agreement, the terms and conditions of the agreement with the vendor, or applicable Federal, State, or local laws or regulations.(2) Finds that the vendor ceases to meet the definition of a blind person in 17-403-2;(3) Receives a written request for termination of a license from the vendor;(4) Finds that the vendor has abandoned the vending facility (without SLA consent, the vendor is neither operating nor managing the vending facility);(5) Learns of a vendor's death;(6) Learns that the vendor's illness prevents Operation of the facility for more than thirty (30) consecutive days or totaling more than forty-five (45) days in any twelve-month period;(7) Finds willful or malicious destruction of, or failure to exercise necessary care for equipment furnished by or in the custody of the SLA;(8) Finds that the conduct of the vendor interferes with any aspect of the Operation of the vending facility program including, but not limited to, theft, fraud, profanity, intoxication on duty, inexcusable neglect of duties as a vendor, conviction of a crime involving moral turpitude, or the making of false reports to the SLA;(9) Finds non-payment of debts by the vendor arising from the Operation of the vending facility when such debts are more than 90 days past due;(10) Finds that the vendor fails to comply with the Civil Rights Act of 1964;(11) Finds that the vendor is not ensuring that the vending facility is open for business during customary business hours except for emergencies; or(12) Finds non-compliance with reasonable report requirements of the program.(b) Notwithstanding paragraph (6) above, a vendor may request, due to a documented medical condition, that the SLA place a temporary Operator in his or her facility. In such event, the SLA is authorized, but not required to place a temporary Operator in the facility, and the cost of the temporary Operator shall be paid from the facility's gross sales. If the facility's gross sales are insufficient, the costs may be charged to the RSRA, at the discretion of the SLA.(c) Except under the circumstances set out in (d) below, prior to Suspension or termination of a vendor, the SLA shall: (1) Provide the vendor the opportunity for appropriate counseling and/or retraining;(2) Provide written notice of violation to the vendor, with a copy placed in the vendor's file;(3) The written notice of violation shall include the specific infringement of law or rule, and Steps for correction; and(4) Afford the vendor a reasonable time period to correct the violation, and/or advise the vendor that repetition of the violation shall be grounds for Suspension or termination.(d) Summary Suspension is authorized where a vendor is alleged to have created a threat to the continued Operation of the facility, such as a danger to public health or safety, or an immediate threat of loss of SLA property or inventory. When a vendor is summarily suspended, paragraphs (c)(1) through (c)(4) above shall not apply. Prior to the summary Suspension, the SLA shall notify the HSCBV chair. Within 10 days of a summary Suspension, the SLA shall return the vendor to the facility or initiate formal termination or Suspension.(e) A decision to suspend or terminate a vendor for cause shall be made only after the vendor is afforded an opportunity for a full evidentiary hearing. (1) A vendor who disagrees with the Suspension or termination decision may request a full evidentiary hearing.(2) A request for a full evidentiary hearing must be in writing and must be received by the SLA within 15 days of the 'date of Suspension or termination.(3) A vendor who submits a timely request for a full evidentiary hearing shall operate the facility, pending the result of the full evidentiary hearing.(4) If the hearing officer affirms the SLA's decision to suspend or terminate the vendor, the SLA shall operate the vending facility during the period of Suspension (or, in the case of termination, until a successor vendor is appointed), shall pay all facility obligations, and shall pay the net proceeds of the vending facility for the period of Suspension (or appointment of a successor vendor) to the RSRA.(f) Suspension of a vendor shall be for a definite period of time, not to exceed 10 days, and shall require 15 days' prior written notice, except in the case of summary Suspension.(g) Termination of a vendor shall require 15 days' prior written notice.[Eff; NOV 13 2010 and comp] (Auth: HRS § 102-14, 34 C.F.R. § 395.3, 395.7 ) (Imp. 34 C.F.R. § 395.3, 395.7 )