8 AAC 98.460. Revocation of licenses

(a) A license is issued for an indefinite period of time but may be suspended or revoked by the division after affording the licensee an opportunity for an administrative review and evidentiary hearing under 8 AAC 98.470 and 8 AAC 98.480, respectively, for any of the following reasons:

(1) in the case of facilities on federal property, the licensee experiences an improvement of vision so that the licensee is no longer blind, or, in the case of facilities operated on state property, the licensee experiences an improvement in the disabling condition so that the licensee is no longer blind or severely disabled;

(2) absences from the facility of more than four days without approval from the division;

(3) extended illness (exceeding three months) with a medical diagnosis of prolonged incapacity to operate the vending facility in a manner consistent with the needs of the location, or other available locations in the vending facility program; this period may be extended by the director if adequate coverage of the facility can be arranged;

(4) a request by the management of the building in which the vending facility is located that the operator be moved for failure to comply with applicable building rules;

(5) operating the facility in a manner that places the division's investment in the facility at risk, including destruction or neglect of equipment, failure to follow fire and safety standards, failure to pay wholesalers, failure to keep adequate stock on hand, or carrying on illegal practices;

(6) failure to pay a government agency, supplier, or creditor any taxes or other money due;

(7) refusal to cooperate with the division or to abide by the terms of the written operating agreement;

(8) demonstrated incompetency in the operation of a vending facility, including inadequate record keeping, failure to keep the required hours on a consistent basis, failure to employ adequate staff during absences, and failure to accept division management oversight;

(9) submitting untimely, inaccurate, or false reports on expenditures and income to the division; or

(10) failure to comply with the provisions of this chapter or with applicable health codes.

(b) In its discretion, the division will permit a licensee to continue operating the facility for a probationary period in place of revocation proceedings. The initial probationary period will not exceed 90 days. During the probation, the licensee shall take corrective action. If the licensee takes corrective action but is experiencing difficulty in compliance, the division will, in its discretion, extend the probation for an additional 90 days.

(1) The licensee will be notified of the probationary period in writing by certified mail with return receipt requested. Probation will begin on the date the letter is received.

History: Eff. 7/17/83, Register 87

Authority: AS 23.15.010 (c)

AS 23.15.100 (b)

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