729.13 Leave of absence.
(a) The commission may grant a licensee a leave of absence ofup to one
year if such licensee will be:
(1) receiving training from the commission to
increase vocational skills or to establish other vocational goal;
(2) absent from the vending facility for a
period of more than 30 consecutive days due to the licensee's illness. Written
certification by a physician of such illness and necessity of absence must be provided to
the commission before the granting of any leave of absence. Before a licensee's return, a
physician's written statement attesting to the licensee's fitness to return to the vending
facility must be provided to the commission; or
(3) absent from the vending facility for a
period of more than 30 consecutive days to care for a licensee's spouse, parent, or child
with a serious health condition.
(b) All requests for leaves of absence must be in writing and delivered
to the commission at least 60 days before the anticipated commencement of any such leave
of absence. In the case of a leave requested pursuant to paragraph (a)(2) or (3) of this
section, such request must be delivered to the commission no later than 30 days following
the commencement of the illness or care of the spouse, parent or child with a serious
health condition.
(c) The commission will render its decision regarding such request
within 30 days of receipt of the request for a leave of absence. Decisions will be set
forth in writing, and in the case of a denial, must specify the reasons for denial. A
licensee may appeal a denial decision pursuant to section 729.22 of this Part.
(d) While on a leave of absence, a licensee is relieved of the
responsibility for the operation of his or her vending facility. Such licensee will be
reassigned to the same vending facility, provided that he or she returns within one year
of the commencement of the leave of absence. During a leave of absence, the licensee is
ineligible for promotion and will not accrue additional time toward retirement.
(e) A licensee who does not return from a leave of absence or who
otherwise has not actively participated in the Business Enterprise Program for a period of
one year will be deemed to have resigned from the Business Enterprise Program. The
commission will so advise the licensee no later than 30 days before the end of the
one-year period.
(f) A licensee who has resigned or otherwise terminated active
participation in the Business Enterprise Program is eligible to re-enter the program
provided that he or she meets the qualifications for licensing set forth in section 729.3
of this Part and has satisfied or agrees to satisfy any outstanding business indebtedness
incurred in conjunction with the licensee's previous participation in the Business
Enterprise Program. Any agreement regarding such indebtedness must be written. The
commission will not provide initial stock or any cash assistance to such licensee until
the commission is provided with proof that all prior indebtedness incurred while
participating in the Business Enterprise Program has been satisfied.
(g) In the event of a licensee's incapacity or death, the commission
may take over the operation of the vending facility and it may reassign the vending
facility to another licensee pursuant to the provisions of section 729.17 of this Part.