| (a) BET application deadline. A licensee may apply
for an available facility by applying electronically, by hand, or
by mail not later than the 12th business day (exclusive of date of
mailing) after the date the facility notice was published. The submission
date shall be:
(1) the date the application is delivered electronically
or by hand to the Agency; or
(2) three days after postmark of the application in
the US postal service, whichever is earlier; or
(3) the date the application is delivered to an overnight
courier.
(b) BET application contents. A copy of the current
form of the application shall be included in the BET manual. The substance
of the application form shall not be modified except by action of
the Agency. Modifications shall be provided to all licensees before
their effective date. Upon request by the manager and before the submission
deadline, assistance is available from the local BET staff and ECM
representative in completing the BET application form.
(c) Preliminary review of applications. The Agency
staff and the ECM representative in each geographic area in which
the applying licensees are located shall review all applications from
their areas and shall verify the applicants' eligibility. If an ECM
representative is an applicant for an available BET facility, the
ECM chair shall appoint another ECM member for the review. Completed
applications shall then be forwarded to the BET director, who shall
provide copies to the ECM and Agency staff in the area in which the
available facility is located.
(d) Level 1 assignments. Assignments to Level 1 facilities
shall be made by the BET director after reviewing the assessments
of all applicants conducted by the ECM representative and Agency staff,
and the subsequent recommendations, for the regions in which the available
facilities are located. Panel members shall rank all eligible applicants
using a worksheet that weights the applicant's performance by 50 percent
for the applicant's most recent annual performance evaluation completed
before the date of the facility advertisement, 25 percent for interview
performance, and 25 percent for the submitted BET application form.
Any other materials submitted by the applicants shall be provided
by the same deadline as the BET application form and will be included
in the 25 percent interview performance weighting component.
(e) Level 2 assignments. For Level 2 assignments, the
following procedures, in addition to Level 1 procedures, shall apply:
(1) Business plan. An applicant shall submit a business
plan to the BET director no later than the 20th business day after
the postmark date on the notice of facility availability. Upon request
by an applicant, Agency staff in the area in which the available facility
is located shall provide the applicant with a standard packet of information
that is necessary to prepare the business plan. Agency staff shall
deliver the packet to the applicant no later than the third business
day after receiving a request.
(2) Establishment of a pool of impartial and qualified
individuals. The Agency shall establish and maintain a pool of qualified
individuals who:
(A) have no personal, professional, or financial interest
that would conflict with the objectivity of the individual;
(B) neither have nor have had any association with
the Agency or BET before being considered as a pool member; and
(C) have at least five years' experience in business
at a managerial or executive level, including experience in budget
preparation and administration, personnel supervision or management,
and administration of business plans or equivalents to business plans
in the sector of business in which the individual has experience.
(3) Evaluation of business plans. All business plans
shall be reviewed and evaluated by an individual chosen at random
from the pool of impartial and qualified individuals. Business plans
shall be evaluated and scored based on a scoring system of 100 points.
The evaluations and scores shall then be forwarded to the BET director
for consideration by the selection panel in the selection process.
(4) Selection panel. A selection panel consisting of
one representative from the ECM, one Agency staff member, and one
individual from the pool of impartial and qualified individuals shall
be chosen by means of a computer program that selects randomly from
a database. The selection of each panel member shall be from among
all individuals within their respective categories, except that the
impartial member may not be the individual who evaluated the business
plans. If the member of a category of panel members who is selected
is unable or refuses to serve, the BET director shall use the same
method of random selection until three members are chosen.
(5) Presiding officer. The impartial panel member shall
serve as the presiding officer of the selection panel.
(6) Interview notices. At least 10 business days before
the convening of the selection panel, applicants shall be notified
electronically, or, upon request, by first-class mail, of the date,
place, and time of the selection panel interview.
(7) Selection panel materials. Completed applications,
business plans, and each applicant's most recent performance evaluation
completed before the date of the facility advertisement shall be provided
to the selection panel members at least five business days before
the date that the selection panel is to convene.
(8) Duties of selection panel. The selection panel
shall review the documents provided and interview the applicants.
The panel shall prepare a tabulation sheet for each applicant on which
the panel member shall enter the business plan score and performance
evaluation score previously received by the applicant. A third score
shall be awarded by each panel member for the interview performance
of the applicant. Each interview shall be rated on a maximum score
of 100, based on such areas as the quality of the applicant's presentation,
knowledge of the submitted business plan, and preparation for the
assignment. Each applicant shall be interviewed on the same areas
and given a similar amount of time to present his or her case. While
questions must be tailored to each applicant's business plan, presentation,
and knowledge, the panel should strive to conduct the interviews as
similarly as possible. The selection panel shall then rank the top
three applicants. An applicant's ranking shall be determined after
weighting each applicant's business plan score by 25 percent, weighting
each applicant's most recent performance evaluation completed before
the date of the facility advertisement by 50 percent, and weighting
the average interview score awarded by panel members by 25 percent.
If there is a tie between applicants, the panel awards one point to
the applicant who has the greater length of accumulated service as
an assigned manager in a BET facility according to BET records. The
selections shall be transmitted to the BET director, who shall in
turn notify the highest ranked eligible applicant of the decision
of the selection panel. The available facility shall be offered to
the eligible applicants in order of ranking.
(9) Reports of improper contact. Members of the selection
panel shall report alleged improper contacts to the BET director or
VRD director. Improper contact is defined as communication with a
member of the selection panel to influence or manipulate the selection
of an applicant for the facility being considered for assignment by
offering a thing or act of value, including promises of future benefit,
or by threat. Nothing contained in this section, however, prohibits
any licensee from endorsing or supporting any candidate for selection
by furnishing a letter or other document to that effect to be included
with the applying licensee's application. After the selection panel
concludes its responsibilities, each panel member shall be required
to sign a statement certifying whether the member had, or had knowledge
of, improper contact during the selection proceedings.
(10) Process for investigating reports of improper
contact. When alleged improper contact is reported, each applicant
for the facility under consideration and the ECM chair shall be informed
of the occurrence of an alleged improper contact. The information
provided to the applicants shall describe the nature of the alleged
improper contact but shall not divulge the identities of any individuals
allegedly participating in such improper contact. Each applicant may
object to continuation of the existing panel and request that a new
panel be formed to select the manager for the available facility.
The BET director, upon the request of any applicant for the facility,
shall determine whether the improper contact requires that the panel
be disbanded and a new panel formed. In making that decision, the
BET director shall consider all relevant factors, including the objections,
if any, of the applicants, to determine whether the improper contact
is likely to influence the decision of the selection panel. If the
BET director determines that the improper contact occurred and is
likely to influence the selection process, the BET director shall
direct the panel to disband and a new panel be formed to consider
the selection for the available facility. The BET Cont'd... |
