(a) BET application deadline. A licensee may apply for an available facility by applying electronically, by hand, or by mail not later than the 12th business day (exclusive of date of mailing) after the date the facility notice was published. The submission date shall be:

(1) the date the application is delivered electronically or by hand to the Agency; or

(2) three days after postmark of the application in the US postal service, whichever is earlier; or

(3) the date the application is delivered to an overnight courier.

(b) BET application contents. A copy of the current form of the application shall be included in the BET manual. The substance of the application form shall not be modified except by action of the Agency. Modifications shall be provided to all licensees before their effective date. Upon request by the manager and before the submission deadline, assistance is available from the local BET staff and ECM representative in completing the BET application form.

(c) Preliminary review of applications. The Agency staff and the ECM representative in each geographic area in which the applying licensees are located shall review all applications from their areas and shall verify the applicants' eligibility. If an ECM representative is an applicant for an available BET facility, the ECM chair shall appoint another ECM member for the review. Completed applications shall then be forwarded to the BET director, who shall provide copies to the ECM and Agency staff in the area in which the available facility is located.

(d) Level 1 assignments. Assignments to Level 1 facilities shall be made by the BET director after reviewing the assessments of all applicants conducted by the ECM representative and Agency staff, and the subsequent recommendations, for the regions in which the available facilities are located. Panel members shall rank all eligible applicants using a worksheet that weights the applicant's performance by 50 percent for the applicant's most recent annual performance evaluation completed before the date of the facility advertisement, 25 percent for interview performance, and 25 percent for the submitted BET application form. Any other materials submitted by the applicants shall be provided by the same deadline as the BET application form and will be included in the 25 percent interview performance weighting component.

(e) Level 2 assignments. For Level 2 assignments, the following procedures, in addition to Level 1 procedures, shall apply:

(1) Business plan. An applicant shall submit a business plan to the BET director no later than the 20th business day after the postmark date on the notice of facility availability. Upon request by an applicant, Agency staff in the area in which the available facility is located shall provide the applicant with a standard packet of information that is necessary to prepare the business plan. Agency staff shall deliver the packet to the applicant no later than the third business day after receiving a request.

(2) Establishment of a pool of impartial and qualified individuals. The Agency shall establish and maintain a pool of qualified individuals who:

(A) have no personal, professional, or financial interest that would conflict with the objectivity of the individual;

(B) neither have nor have had any association with the Agency or BET before being considered as a pool member; and

(C) have at least five years' experience in business at a managerial or executive level, including experience in budget preparation and administration, personnel supervision or management, and administration of business plans or equivalents to business plans in the sector of business in which the individual has experience.

(3) Evaluation of business plans. All business plans shall be reviewed and evaluated by an individual chosen at random from the pool of impartial and qualified individuals. Business plans shall be evaluated and scored based on a scoring system of 100 points. The evaluations and scores shall then be forwarded to the BET director for consideration by the selection panel in the selection process.

(4) Selection panel. A selection panel consisting of one representative from the ECM, one Agency staff member, and one individual from the pool of impartial and qualified individuals shall be chosen by means of a computer program that selects randomly from a database. The selection of each panel member shall be from among all individuals within their respective categories, except that the impartial member may not be the individual who evaluated the business plans. If the member of a category of panel members who is selected is unable or refuses to serve, the BET director shall use the same method of random selection until three members are chosen.

(5) Presiding officer. The impartial panel member shall serve as the presiding officer of the selection panel.

(6) Interview notices. At least 10 business days before the convening of the selection panel, applicants shall be notified electronically, or, upon request, by first-class mail, of the date, place, and time of the selection panel interview.

(7) Selection panel materials. Completed applications, business plans, and each applicant's most recent performance evaluation completed before the date of the facility advertisement shall be provided to the selection panel members at least five business days before the date that the selection panel is to convene.

(8) Duties of selection panel. The selection panel shall review the documents provided and interview the applicants. The panel shall prepare a tabulation sheet for each applicant on which the panel member shall enter the business plan score and performance evaluation score previously received by the applicant. A third score shall be awarded by each panel member for the interview performance of the applicant. Each interview shall be rated on a maximum score of 100, based on such areas as the quality of the applicant's presentation, knowledge of the submitted business plan, and preparation for the assignment. Each applicant shall be interviewed on the same areas and given a similar amount of time to present his or her case. While questions must be tailored to each applicant's business plan, presentation, and knowledge, the panel should strive to conduct the interviews as similarly as possible. The selection panel shall then rank the top three applicants. An applicant's ranking shall be determined after weighting each applicant's business plan score by 25 percent, weighting each applicant's most recent performance evaluation completed before the date of the facility advertisement by 50 percent, and weighting the average interview score awarded by panel members by 25 percent. If there is a tie between applicants, the panel awards one point to the applicant who has the greater length of accumulated service as an assigned manager in a BET facility according to BET records. The selections shall be transmitted to the BET director, who shall in turn notify the highest ranked eligible applicant of the decision of the selection panel. The available facility shall be offered to the eligible applicants in order of ranking.

(9) Reports of improper contact. Members of the selection panel shall report alleged improper contacts to the BET director or VRD director. Improper contact is defined as communication with a member of the selection panel to influence or manipulate the selection of an applicant for the facility being considered for assignment by offering a thing or act of value, including promises of future benefit, or by threat. Nothing contained in this section, however, prohibits any licensee from endorsing or supporting any candidate for selection by furnishing a letter or other document to that effect to be included with the applying licensee's application. After the selection panel concludes its responsibilities, each panel member shall be required to sign a statement certifying whether the member had, or had knowledge of, improper contact during the selection proceedings.

(10) Process for investigating reports of improper contact. When alleged improper contact is reported, each applicant for the facility under consideration and the ECM chair shall be informed of the occurrence of an alleged improper contact. The information provided to the applicants shall describe the nature of the alleged improper contact but shall not divulge the identities of any individuals allegedly participating in such improper contact. Each applicant may object to continuation of the existing panel and request that a new panel be formed to select the manager for the available facility. The BET director, upon the request of any applicant for the facility, shall determine whether the improper contact requires that the panel be disbanded and a new panel formed. In making that decision, the BET director shall consider all relevant factors, including the objections, if any, of the applicants, to determine whether the improper contact is likely to influence the decision of the selection panel. If the BET director determines that the improper contact occurred and is likely to influence the selection process, the BET director shall direct the panel to disband and a new panel be formed to consider the selection for the available facility. The BET director shall inform all applicants of the decision to continue the selection process with the existing panel, or to form a new panel, and shall state the basis of the decision. The actions prescribed as a consequence of improper contact set forth in rules pertaining to administrative actions shall apply whether or not any improper contact results in the panel being disbanded.

(11) Exceptions to assignment and selection procedures. Unusual circumstances may require exceptions to assignment and selection procedures. Exceptions to these procedures shall be made only if the circumstance is not covered by assignment procedures and failure to react to the circumstance would be detrimental to BET or a licensee. Notwithstanding anything in this section, no exceptional procedure shall result in the removal of a manager from a facility except for reasons contained in rules pertaining to administrative actions. Assignment and selection decisions that are exceptions to these procedures shall be made by the BET director after discussing relevant information with the ECM chair and receiving the chair's recommendation. If a decision contrary to the ECM chair's recommendation is made, the BET director shall provide a written explanation of the decision to the ECM chair.

Source Note: The provisions of this §854.24 adopted to be effective September 1, 2019, 44 TexReg 3294