| (a) Career advancement assignments. This section defines
the process for the career advancement assignments of managers. It
is the goal of the process to provide a fair, unbiased, and impartial
process for selection, transfer, and promotion.
(1) Availability. All career advancement opportunities
depend on the availability of BET facilities. No facility with a projected
annual income equal to the annual median income level of all managers
after set-aside fees shall be used for an initial assignment unless
it has been advertised and made available to all licensees in the
BET program and no one has been assigned to the facility as a result
of the advertising process.
(2) Notice. As BET facilities become available and
ready for permanent assignment, written notice of the availability
shall be given to all licensees within 30 business days.
(3) On-site visits. An advertised facility shall be
available for on-site visits upon reasonable notice by licensees interested
in that facility assignment.
(b) Eligibility. To apply for an available facility,
a licensee must meet the following requirements:
(1) The licensee shall have successfully managed a
BET facility for a minimum of one year.
(2) The licensee shall be current on all accounts payable
for the 12 months before the date of the facility announcement. Accounts
payable include known debts to state and federal entities as well
as any BET business-related debt. "Current" means "performing in accordance
with written established or alternate payment plans associated with
the accounts payable debts."
(3) The licensee shall be in compliance with state
and federal tax laws and not be subject to any tax liens.
(4) The licensee shall not be on probation under §854.81
of this title (relating to Administrative Action Based on Unsatisfactory
Performance).
(5) The licensee shall meet eligibility requirements
of the facility's host organization, including, but not limited to:
(A) criminal background checks; and
(B) drug tests.
(6) The licensee shall not have submitted more than
one insufficient funds check to the Agency within the 12 months before
the date of the facility announcement.
(7) The licensee shall not have submitted more than
one late report within the 12 months before the date of the facility
announcement.
(8) If unassigned, the licensee shall have fulfilled
all resignation requirements in the licensee's most recent facility
assignment or be displaced and eligible to apply for a facility.
(9) The manager shall have an inventory of merchandise
and expendables in the manager's current facility that the Agency
has determined sufficient for its satisfactory operation.
(10) The licensee shall satisfy the Agency that he
or she can maintain the merchandise and expendables required for the
available facility.
(11) A licensee who has been placed on probation is
not eligible for promotion and transfer for 30 days from the effective
date of the most recent release from probation.
(12) A licensee who has been placed on probation twice
within a 12-month period is not eligible for promotion or transfer
for six months from the effective date of the most recent release
from probation.
(13) A licensee who has been placed on probation three
times within a two-year period is not eligible for promotion or transfer
for one year from the effective date of the most recent release from
probation.
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