(a) Career advancement assignments. This section defines the process for the career advancement assignments of managers. It is the goal of the process to provide a fair, unbiased, and impartial process for selection, transfer, and promotion.
  (1) Availability. All career advancement opportunities depend on the availability of BET facilities. No facility with a projected annual income equal to the annual median income level of all managers after set-aside fees shall be used for an initial assignment unless it has been advertised and made available to all licensees in the BET program and no one has been assigned to the facility as a result of the advertising process.
  (2) Notice. As BET facilities become available and ready for permanent assignment, written notice of the availability shall be given to all licensees within 30 business days.
  (3) On-site visits. An advertised facility shall be available for on-site visits upon reasonable notice by licensees interested in that facility assignment.
(b) Eligibility. To apply for an available facility, a licensee must meet the following requirements:
  (1) The licensee shall have successfully managed a BET facility for a minimum of one year.
  (2) The licensee shall be current on all accounts payable for the 12 months before the date of the facility announcement. Accounts payable include known debts to state and federal entities as well as any BET business-related debt. "Current" means "performing in accordance with written established or alternate payment plans associated with the accounts payable debts."
  (3) The licensee shall be in compliance with state and federal tax laws and not be subject to any tax liens.
  (4) The licensee shall not be on probation under §854.81 of this title (relating to Administrative Action Based on Unsatisfactory Performance).
  (5) The licensee shall meet eligibility requirements of the facility's host organization, including, but not limited to:
    (A) criminal background checks; and
    (B) drug tests.
  (6) The licensee shall not have submitted more than one insufficient funds check to the Agency within the 12 months before the date of the facility announcement.
  (7) The licensee shall not have submitted more than one late report within the 12 months before the date of the facility announcement.
  (8) If unassigned, the licensee shall have fulfilled all resignation requirements in the licensee's most recent facility assignment or be displaced and eligible to apply for a facility.
  (9) The manager shall have an inventory of merchandise and expendables in the manager's current facility that the Agency has determined sufficient for its satisfactory operation.
  (10) The licensee shall satisfy the Agency that he or she can maintain the merchandise and expendables required for the available facility.
  (11) A licensee who has been placed on probation is not eligible for promotion and transfer for 30 days from the effective date of the most recent release from probation.
  (12) A licensee who has been placed on probation twice within a 12-month period is not eligible for promotion or transfer for six months from the effective date of the most recent release from probation.
  (13) A licensee who has been placed on probation three times within a two-year period is not eligible for promotion or transfer for one year from the effective date of the most recent release from probation.

Source Note: The provisions of this §854.23 adopted to be effective September 1, 2019, 44 TexReg 3294; amended to be effective July 4, 2022, 47 TexReg 3823