Section 460IAC2-4-16. Temporary operators; assignment of temporary location

   (a) The state licensing agency, with the active participation of the Indiana elected committee of licensed managers, may place a temporary operator in a BEP facility under any of the following circumstances:

(1) No eligible person:

(A) bids on a BEP facility; or

(B) accepts the assignment of a BEP facility.

(2) An operator for a BEP facility is not otherwise available.

  (b) If a BEP facility is temporarily not assigned to a licensed manager or if a temporary operator is needed for a BEP facility, the following priorities will be used in assigning a temporary operator to the facility:

(1) A licensed manager displaced from the manager's facility through no fault of the manager, for example, due to the permanent or temporary closing of a BEP facility, is given first priority on any unassigned temporary location. If more than one (1) displaced licensed manager is eligible, selection will be based on seniority.

(2) If a displaced manager in good standing:

(A) is not available for placement; or

(B) does not accept the placement;

the location will be offered next to the licensed manager whose legal residence is closest in physical proximity to the unassigned temporary location. If more than one (1) licensed manager meets the proximity requirement, the licensed manager with the most seniority will be selected.

(3) In selecting a temporary operator, the state licensing agency shall give priority to qualified blind persons. A qualified sighted person may be placed as a temporary operator only after the state licensing agency determines that a qualified blind person is not available.

(Division of Disability and Rehabilitative Services; 460 IAC 2-4-16; filed Aug 23, 2001, 2:30 p.m.: 25 IR 69; filed Nov 26, 2007, 10:19 a.m.: 20071226-IR-460070254FRA; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 20, 2013, 9:02 a.m.: 20131218-IR-460130457RFA)