111 CMR 3.13 - Termination

(1) In General. As described in 111 CMR 3.13, a permit may be terminated at the option of the site grantor or Commission and a vendor of record agreement may be terminated at the option of the vendor or Commission. Upon termination of either permit or vendor of record agreement, the vendor shall assure that at minimum, the condition of the facility is as good as when he or she began operating it, and that either all outstanding bills have been paid, or arrangements completed to assure that such bills will be paid. Upon termination of a vendor of record agreement, the vendor shall assure that the incoming vendor receives sufficient going stock or, in the alternative, that the incoming vendor receives a payment representing the difference between the value of merchandise and supplies furnished by the outgoing vendor and the value of two full week's merchandise and supplies necessary to operate the facility, based on the average weekly purchases from the prior three months as represented in the facility's records. The incoming vendor, outgoing vendor, and a program staff member shall jointly complete an inventory of the merchandise, supplies and money at the facility, and sign a report documenting same.

(2) Vendor's Option. Unless otherwise provided in the vendor of record agreement or in the permit, a vendor may terminate an agreement to operate a given vending facility only upon his or her:

(a) delivery of written notice to the Commission at least 60 days prior to the effective date of termination;

(b) physical or mental incapacity to continue operating the facility; or

(c) death.

Termination under 111 CMR 3.13(2) shall be effective on delivery of notice and shall not be subject to revocation without written consent of the Program Director. Delivery of notice shall be made in-hand or by certified mail return receipt requested.

(3) Site Grantor's Option. Unless otherwise agreed, a site grantor may terminate a given permit or right to operate a facility with cause upon reasonable notice to the Commission. Within seven days of receipt of written notice from a site grantor that the grantor intends to terminate a permit , the Commission shall give written notice of same to the vendor. If the site grantor's decision is based upon a claim of wrongdoing by a licensee, then the Commission shall investigate and the licensee shall cooperate as described in 111 CMR 3.12. Upon a finding by the Commission that the termination is based on wrongdoing by the licensee, the Commission may terminate the licensee's seniority rights within the program, or suspend or revoke his or her license.

(4) Commission's Option. Unless otherwise agreed, the Commission may terminate a given permit or right to operate a facility upon reasonable notice to the site grantor. Within seven days of delivery of written notice to a site grantor that the Commission intends to terminate a permit, the Commission shall give written notice of same to the vendor who is under agreement to operate the facility in question. Unless otherwise provided in the vendor's agreement, the Commission may terminate an agreement for a vendor to operate a given vending facility upon finding:

(a) grounds for license suspension revocation;

(b) that the vendor is physically or mentally incapable of operating the facility; or

(c) that the vendor has died.

Notes

111 CMR 3.13