3304:1-21-03. Facility announcements, application procedure, and selection

(A) Vacant facilities shall be posted except as set forth in paragraph ( B) of rule 3304:1-21-06 of the Administrative Code. Through active participation with OVRC, BE may reconfigure a vacant facility prior to posting as set forth in paragraph (G)(1)(g) of rule 3304:1-21-12 of the Administrative Code. If there is no qualified applicant for the facility posting BE through active participation with OVRC will determine if the vacant facility shall be reposted. The facility announcement shall be posted for no less than twenty-one calendar days.

(B) The selection panel will develop the facility announcement, which shall include the following:

(1) The name, address, and number of the facility;

(2) Whether the facility is on governmental, federal, or private property, and if on governmental property that the operator must comply with sections 3304.29 to 3304.35 of the Revised Code and paragraph (A) of rule 3304:1-21-04 of the Administrative Code;

(3) Closing date and time on which the application and supporting documents must be received by the designated bureau representative;

(4) The estimated starting date for the new operator;

(5) A description of the facility with:

(a) An estimate of the number of customers served each day;

(b) Seating capacity;

(c) The types of food services the facility provides, e.g., carry-out, vending, cafeteria, or other;

(d) Equipment;

(e) Items stocked for sale;

(f) Opening day cash recommendation and/or additional initial operating expenses;

(g) Approximate initial inventory amount;

(h) Information about whether space, if any, is available at the facility for inventory storage or if the operator must provide off-site storage and product transport;

(i) The yearly total receipts and net proceeds, for up to three preceding fiscal years as records allow, or for a new facility, the projected yearly total receipts and net proceeds;

(j) Reasons for fluctuation in proceeds, if known;

(k) The days and hours of operation;

(l) The number of employees presently employed, with notation that persons who are blind or otherwise disabled and are qualified for the job shall be given preference when hiring in any BE facility;

(m) Available public transportation;

(n) Projected changes in the facility (e.g., relocation and remodeling);

(o) Any special training, physical requirements, and mobility skills required for the job;

(p) The location, type, and level of competing food service;

(q) BE designee, tour availability and special requirements;

(r) Fees, assessments, financial obligations, and other specific items required by the BGA;

(s) Security clearances required by the BGA; and

(t) A description of any site determined to be subject to refusal by the successful applicant.

(C) In order to be considered an eligible applicant, licensees who apply for the available facility must:

(1) Submit a completed application which states the applicant's name, business address, telephone number, current facility, if any, facility desired and all supporting documents using the form prescribed by BE which must be received at the specified location by the date and time specified in the facility announcement; and

(2) Have no past due program charges in Ohio or any other state's Randolph Sheppard program or grantor required payments as of the application deadline date.

(D) If the selection panel by majority vote determines that an applicant attempts to obtain a facility through fraud, falsification, or criminal activity the applicant shall be removed from consideration.

(E) A selection panel shall consist of the:

(1) BE program manager or designee as selection panel chair; and

(2) OVRC representative and alternate for the area of the vacant facility unless the OVRC representative or alternate is an applicant for the vacant facility, or declines to serve. A member of the selection panel who has a personal interest or conflict of interest in relation to the facility or applicants, direct or indirect, shall voluntarily withdraw from the selection panel. In such case the OVRC chair or the OVRC chair's designee will participate.

(F) When there is more than one eligible applicant the selection panel will award the facility to the candidate that accumulates the most points assigned by the majority vote of the selection panel members for each of the following criteria:

(1) Applicant is a licensee, then apply the default score of eight points;

(2) Applicant was/is an operator for less than twelve months in the past twenty-four months prior to the application deadline, then apply the default score of nine points;

(3) Applicant has been an operator for twelve months or more in the past twenty-four months and has:

(a) No late reports, inventories, or payments, in the most recent twelve months of the past twenty-four months prior to the application deadline, then apply four points; or

(i) No more than one late report, inventory, or payment, in the most recent twelve months of the past twenty-four months prior to the application deadline, then apply two points.

(4) Applicant had an operator performance improvement plan in the twenty-four months prior to the application deadline, then apply minus two points for each operator performance improvement plan up to minus four points;

(5) Applicant has supplied the selection panel documentation demonstrating attendance at an upward mobility training in the twenty-four months prior to the application deadline, then apply one point for each with a maximum of three points;

(6) Applicant has supplied the selection panel verified documentation of a college degree or five years experience in business management, then apply one point;

(7) Applicant during their career has managed a facility for a minimum of one year with the same service format then apply three points;

(8) Applicant has job description on file with BE or has no employees, then apply one point;

(9) Applicant has written cleaning schedule in current location, then apply one point;

(10) Applicant has supplied the selection panel with a marketing plan, on a form prescribed by BE. Apply one point if the implementation of the marketing plan has been verified;

(11) Applicant meets gross profit goal percentage in the most recent twelve months of the past twenty-four months prior to the application deadline, then apply one point;

(12) Applicant meets net profit goal percentage in the most recent twelve months of the past twenty-four months prior to the application deadline, then apply one point.

(G) In case of a tie in point totals the selection panel will award the facility to the applicant with the most seniority, in accordance with the seniority list managed by BE. If both applicants have are tied after seniority is considered, the selection panel shall draw lots to determine which applicant shall be awarded the facility.

(H) If by majority vote the selection panel determines that none of the applicants meet the requirements of paragraph (C) of this rule, a determination for reposting the vacant facility shall be made per paragraph (A) of this rule.

(I) If the successful applicant declines the facility then the next applicant with the most total points shall be offered the facility. Ties shall be broken as listed in paragraph (G) of this rule.

(J) Successful applicants who decline the facility after the award offer shall not be an eligible candidate for any operator openings for thirty calendar days. If the awarded facility is a new or temporarily closed facility in which the actual opening has been delayed more than thirty calendar days from the opening date stated in the facility announcement this penalty shall not apply. A successful candidate who declines the facility within two business days after the award notice is not subject to the thirty day ineligibility period.

(K) BE will maintain and update the licensee seniority list quarterly.

Effective: 1/1/2016
Five Year Review (FYR) Dates: 09/17/2015 and 01/01/2021
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.29(A), 3304.29(B) 3304.303304.34
Prior Effective Dates: 3/21/79, 5/1/83, 1/12/90, 11/1/93, 10/4/99, 10/1/06, 1/1/10