Section 460 IAC 2-4-15 - Assignment of a business enterprise program facilityAuthority: IC 12-9-2-3
Affected: IC 12-12-5; 20 U.S.C. 107
Sec. 15.
(a) The assignment of a BEP facility shall be made by the state licensing agency with the active participation of the Indiana elected committee of licensed managers. A bidding process is used to:(1) promote upward mobility; and(2) assign available BEP facilities.(b) When a BEP facility becomes available, the state licensing agency will solicit bids for the facility from eligible persons on the placement list.(c) The manager's disciplinary status as of the date of the bid will determine the scoring of the bid for a facility.(d) Except as provided in subsection (e), the following persons will be placed on the placement list for the assignment of an available BEP facility and are eligible to bid for an available BEP facility: (1) A licensed manager who has been operating the manager's current BEP facility for a minimum of one (1) year as of the date the bid on an available facility is due.(2) A manager trainee who has successfully completed the training specified at section 7 of this rule, subject to the provisions of section 8 of this rule.(3) A licensed manager who submits a letter requesting placement to the state licensing agency during an approved leave of absence.(e) The following persons will not be placed on the placement list for the assignment of an available BEP facility and are not eligible to bid for an available BEP facility:(1) A licensed manager who has been operating the manager's current BEP facility for less than one (1) year as of the date the bid on an available facility is due.(2) A licensed manager or manager trainee who:(A) accepts the award or assignment of a BEP facility; and(B) subsequently refuses placement at, or withdraws acceptance of the award or assignment of, that BEP facility; is not eligible to bid for another BEP facility for a period of one (1) year from the date of acceptance; provided, however, that a licensed manager or manager trainee who has been awarded and has accepted a BEP facility, but who has not been placed in that facility through no fault of his or her own, will be placed on the placement list and is eligible to bid on an available BEP facility.
(f) In order for a bid to be considered, a manager must meet the following criteria:(1) Provide proof of the following:(A) Financial ability to move to a new location.(B) That all commissions are paid in full.(2) Be current with all taxes through the following:(A) The Internal Revenue Service.(B) The Indiana department of state revenue.(C) The Indiana department of workforce development.(g) Eligible bidders shall be evaluated by the state licensing agency, with the active participation of the Indiana elected committee of licensed managers, using the following scoring system: (1) Award: (A) forty percent (40%) of a bidder's seniority if the bidder has had no formal disciplinary action taken against them in the previous ten (10) months;(B) twenty percent (20%) of a bidder's seniority if the bidder has had a formal letter of counseling in the previous ten (10) months; or(C) zero percent (0%) of a bidder's seniority if the bidder has been on an action plan in the previous ten (10) months.(2) Award twenty percent (20%) of a bidder's seniority if the bidder has successfully completed a preapproved continuing education course in the previous twelve (12) months.(3) Award twenty percent (20%) of a bidder's seniority if the bidder attended the last conference sponsored by the state licensing agency.(4) Award twenty percent (20%) of a bidder's seniority if the bidder has submitted a complete business profile as outlined in the bid package.(h) A bidder who scores sixty percent (60%) or less of their seniority will not be considered. The state licensing agency or BVIS shall do the following:(1) Offer the assignment of the facility to the eligible bidder with the highest numeric score.(2) Notify the successful bidder in writing of the offer of an available facility position to that bidder. By 3 p.m. on the tenth business day after receipt of the agency's letter, the successful bidder must notify the state licensing agency or BVIS, in writing, that the offer is accepted or refused. Refusal of an offer is final and irrevocable. A failure to respond within the required time period is deemed a refusal of an offer.
(i) If the bidder with the highest numeric score does not accept the assignment of the facility, the state licensing agency or BVIS shall continue to offer the assignment of the facility to eligible bidders in declining numeric order from the highest numeric score until:(1) an eligible bidder accepts the assignment; or(2) all eligible bidders have been offered the assignment.Division of Disability and Rehabilitative Services; 460 IAC 2-4-15; filed Aug 23, 2001, 2:30 p.m.: 25 IR 68; filed Nov 26, 2007, 10:19 a.m.: 20071226-IR-460070254FRA; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 20, 2013, 9:02 a.m.: 20131218-IR-460130457RFAReadopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-460190489RFA