Tenn. Comp. R. & Regs. 1240-06-06-.02 - EMERGENCY REMOVAL OF A MANAGER

(1) The Agency shall remove a manager from a facility if a situation develops that prevents a manager from fulfilling his/her obligations or if there is reasonable evidence of a hazardous situation involving the manager which poses an immediate threat to the safety of the manager or others. Except for managers who have a valid drivers license issued by the Department of Safety pursuant to chapter 1340-1-2-.04(8), the Agency considers managers who drive in conjunction with their duties with TBE to be a hazardous situation which poses a threat to the safety of others. This removal may be immediate if the circumstances require. Prior to or within twenty-four (24) hours of the removal, the Agency shall contact the area representative(s) of the Committee and inform them of the action.

(2) In those facilities that require security clearance by property management such as jails, prisons, and certain Federal installations, the TBE manager must meet all such security requirements in order to service a vending facility in such locations. In the event property management rescinds security clearance for a manager, the Agency shall be forced to remove the manager from that facility. The Agency shall gather all the facts and consult with property management. If the security clearance is not reinstated, the removal will be permanent.

(3) In the event of the failure of the manager to fulfill the duties and discharge the responsibilities of operating the facility (for whatever reasons) or documented misconduct jeopardizing the existence of the facility and/or the image of the program, the Agency may declare that emergency circumstances exist; whereupon the manager may be immediately removed. In the case of such removal, the area representative(s) of the Committee shall be advised of the action prior to or within twenty-four (24) hours of the removal.

(4) In the event of a manager's removal under paragraphs (1) or (2) of this section, the Agency must, within ten (10) working days, do one of the following:

(a) Return the manager to the facility;

(b) Mandate re-training;

(c) Place the manager on the Ready-for-Employment List; or

(d) Initiate disciplinary action against the manager.

(5) In lieu of removing a manager from a facility, the Agency may choose to relieve the manager of responsibility for a portion of the facility if, in the Agency's opinion, such action would enable the manager to fulfill his/her obligations in the remaining areas that he/she services. This provision would only be applicable if a vending facility has satellite vending at multiple locations and it is felt that by relieving the manager of responsibility for some or all of the satellite vending locations, he/she will be better able to manage the main facility. With the active participation of the Committee of Blind Vendors, the Agency shall develop and incorporate into the operations manual guidelines on how to permanently or temporarily distribute the vending satellites removed from the manager.

Notes

Tenn. Comp. R. & Regs. 1240-06-06-.02

Original rule filed August 30, 1978; effective November 29, 1978. Amendment filed May 25, 1983; effective June 24, 1983. Repeal and new rule filed April 27, 1998; effective August 28, 1998. Repeal and new rule filed April 8, 2005; effective June 22, 2005. Amendments filed May 25, 2017; effective 8/23/2017.

Authority: T.C.A §§ 4-5-201 et seq., 49-11-601 et seq., 71-1-104, 71-1-105(12), and 71-4-604(c); 34 C.F.R. § 395 et seq. and 34 C.F.R. § 395.7(b).