585-015-0010 Licensing (1) TRAINEE SELECTION – To become a trainee in the Business Enterprise program, an applicant must meet the following qualifications: (a) Be a citizen of the United States; (b) Be present in the State of Oregon; (c) Be a blind person; (d) Be a client of the Commission's vocational rehabilitation program; (e) Be certified by the Commission's vocational rehabilitation program as capable and qualified to operate a vending facility; (f) Complete and submit an application form to the Director; (g) Complete the Business Enterprise program testing requirements. (h) The Director must also determine that there is reasonable expectation that the client will successfully complete the required training. (2) TRAINING – To be eligible for a license, a trainee must successfully complete the training course provided by the Business Enterprise program. The Business Enterprise program, with the active participation of the BECC, shall design the training course for assignment to a vending facility. The training will encompass operations of all types of vending facilities. The training course may include distance education or college courses. It shall include on-the-job training at one or more Director approved facilities. (a) A trainee must demonstrate proficiency in the skills acquired during on-the-job training. (b) With active participation of the BECC, additional training may be required as a prerequisite for assignment to unique vending facilities. (c) A trainee must demonstrate proficiency in mathematics, writing, reading comprehension, and computer skills to the extent necessary to successfully operate a vending facility. (d) A trainee must achieve a passing score on any examination administered during the training program. (3) LICENSES – With respect to issuing a license to a trainee, (a) The Commission shall issue a license to a trainee who has met all eligibility requirements, who has successfully completed the Business Enterprise program’s training program, and who has passed the final training examination. (b) The Commission shall issue a license to a blind person who is licensed in another state only under the following circumstances: (c) The applicant shall have signed a consent form for release of information for all states where the applicant has received or applied for rehabilitation services; (d) The applicant shall have no outstanding debts with any other rehabilitation agencies; (e) The applicant’s license shall not be suspended or terminated; (f) The applicant shall be a citizen of the United States and be present in the State of Oregon; (g) The applicant shall be a blind person; (h) The applicant shall be a client of the Commission's vocational rehabilitation program; (i) The applicant shall be certified by the Commission's vocational rehabilitation program as capable and qualified to operate a vending facility; (j) The applicant shall complete and submit an application form to the Director; (k) The applicant shall complete the Business Enterprise program testing requirements; (l) The applicant shall demonstrate proficiency in the required skills assessed on-the-job by Business Enterprise staff at a vending facility approved by the Director; (m) The applicant shall demonstrate proficiency in mathematics, writing, reading comprehension, and computer skills to the extent necessary to successfully operate a vending facility, and; (n) The applicant shall achieve a passing score on the final training examination. (4) DENIAL OF A LICENSE – if a license is denied, the applicant may appeal using the VR agency process outlined in the VR client Rights & Responsibilities (https://www.oregon.gov/blind/Documents/VR%20Rights%20and%20Responsibilities.pdf) and dispute resolution forms (https://www.oregon.gov/blind/Documents/ocb_dispute_resolution_notice%20updated.doc) . The Commission shall deny a license when any of the following occur: (a) With respect to a trainee, the Commission shall deny licensure when: (A) A trainee does not successfully complete the Business Enterprise training program; (B) A trainee does not demonstrate proficiency in the skills acquired during on-the-job training; (C) A trainee does not demonstrate proficiency in mathematics, writing, reading comprehension, or computer skills to the extent necessary to successfully operate a vending facility; (D) A trainee does not achieve a passing score on the final training examination. (b) With respect a vending facility manager from another state, the Commission shall deny licensure when: (A) An applicant does not complete and submit an application form to the Director; (B) An applicant does not complete the Business Enterprise program testing requirements; (C) An applicant does not complete a signed consent form for release of information for all states where the applicant has received or applied for rehabilitation services; (D) An applicant has outstanding debts with any rehabilitation agencies; (E) An applicant’s license has been suspended or terminated; (F) An applicant is not a client of the Commission's vocational rehabilitation program; (G) An applicant is not certified by the Commission's vocational rehabilitation program as capable and qualified to operate a vending facility; (H) An applicant does not demonstrate proficiency in the required skills when assessed on-the-job by Business Enterprise staff at a vending facility approved by the Director; (I) An applicant does not demonstrate proficiency in mathematics, writing, reading comprehension, and computer skills to the extent necessary to successfully operate a vending facility; (J) An applicant does not achieve a passing score on the final training examination; (5) PROGRESSIVE DISCIPLINE – The Commission shall utilize progressive discipline to document and correct performance or conduct issues, prior to terminating a vending facility manager’s license. Except as provided by OAR 585-015-0030, Section F - Emergency Removal from Vending Facility, the Commission shall use progressive discipline with the vending facility managers. All notices of disciplinary action shall advise the vending facility manager of their right to appeal. The notice shall also advise the vending facility manager of the availability of the BECC to assist and act as an advocate. Throughout the process, if the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager. The Commission may take the following progressive discipline steps: (a) Step 1 – Verbal warning: Business Enterprise program staff will discuss the performance or conduct issue(s) that was observed or reported with the vending facility manager. Business Enterprise staff will explain the expected corrective actions, and the expected amount of time to complete the corrective actions, to the vending facility manager. Business Enterprise staff will document the discussion and provide the vending facility manager a copy of the documentation. The manager shall sign a copy of the documentation after being afforded the opportunity to read it in the manger’s preferred mode. If the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager. (b) Step 2 – Written warning: if a vending facility manager does not take the corrective actions that were documented in step 1, and the performance or conduct issue(s) continue, Business Enterprise staff will issue the vending facility manager a written warning that documents the performance or conduct issue(s) that continue to be reported or observed, the actions that were not taken after the step 1 warning, and the required immediate corrective action(s) and timeline(s), the vending facility manager must complete to remedy the issue(s). The Director will review the written warning with the vending facility manager to ensure they fully understand the expected immediate and sustained corrective actions that need to occur, to prevent further progressive discipline or termination of their license. The vending facility manager shall receive a copy of the written warning. The manager shall sign a copy of the documentation after being afforded the opportunity to read it in the manger’s preferred mode. If the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager. (c) Step 3 – Final warning: if a vending facility manager does not take the corrective actions that were documented in step 2, and the performance or conduct issue(s) continue, Business Enterprise staff will issue the vending facility manager a final written warning. The final warning shall document the performance or conduct issue(s) that continue to be reported or observed, the actions that were not taken after the step 2 warning, and the required immediate corrective action(s) and timeline(s), the vending facility manager must complete to remedy the issue(s). The manager shall sign a copy of the documentation after being afforded the opportunity to read it in the manger’s preferred mode. If the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager . (d) Step 4 – Termination: if the vending facility manager does not complete the required corrective actions, outlined in step 3, within the required timeline, the Commission may begin the process to terminate the vending facility manager’s license. The vending facility manager shall receive due process as outlined in Section F, Termination of License. (e) If the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager. (6) Termination of License – The Commission may terminate the license of a vending facility manager when the vending facility manager: (a) Ceases to meet eligibility requirements; (b) Resigns or retires from the Business Enterprise program; (c) Abandons or fails to personally manage the assigned vending facility; (d) Does not comply with applicable laws, rules, the permit or vending facility agreement to which the manager is assigned; (e) Does not comply with the terms and conditions of their operating agreement; (f) May be terminated as provided for in CFR 395.7(b); (g) Intentionally or recklessly damages or destroys equipment furnished by the Commission or the agency named in the permit or vending facility agreement; (h) Commits theft, fraud or embezzlement; (i) Uses, or is under the influence of an intoxicant or illegal drug while at a vending facility; (j) Fails to submit required monthly set-aside or other reports; (k) Intentionally submits false reports; (l) Fails to retain supporting documentation for monthly reports; (m) Fails to cooperate with a financial audit; (n) Fails to submit to an eye exam when requested; (o) Fails to pay set-aside charges or scheduled repayments for more than sixty (60) days; (p) Fails to maintain required insurance coverage, (q) Fails to provide proof of insurance coverage; (r) Illegally operates a motor vehicle while on duty or while traveling to or from a vending facility; (s) Represents themselves as employees of the State of Oregon or the Commission, or solicits or negotiates for new vending facility agreements or permits. (7) NOTICE OF TERMINATION – When the Commission has grounds for termination of a license it shall provide written notice of termination to the vending facility manager as required in ORS 183.415(2). Such notice shall advise the vending facility manager of his/her right to a full evidentiary hearing as provided in section “Dispute Resolution Process, C” when the vending facility manager makes a written request for a full evidentiary hearing, as required in 34 CFR 395.13. (8) REINSTATEMENT – A blind person may apply for reinstatement of their license and shall meet the following requirements prior to a new license being issued: (a) A blind person shall have resigned or retired from the Business Enterprise program; (b) A blind person shall successfully complete all steps outlined in the LICENSING section. (9) POST-LICENSURE TRAINING – The Commission shall provide training to vending facility managers and licensees at least once per calendar year. (a) Vending facility managers and licensees are required to attend one Commission sponsored training per calendar year. This requirement may be waived only with the Commission’s written consent due to illness or bereavement; (b) Vending facility managers and licensees may attend via teleconference; (c) Planning for training will be done with the active participation of the Business Enterprise Consumer Committee; (d) Training topics may include strategies for improved work opportunities, budgeting, marketing, customer service, employee management and industry trends. (10) ADDITIONAL TRAINING – When the Commission determines a vending facility manager or licensee requires additional training, the Commission shall arrange for additional training. The Commission shall provide post-employment services consistent with the requirements in 34 CFR 395.11. (11) CONTINUING EDUCATION (CE) TRAINING – In order to ensure continued professional growth and to enhance opportunities for upward mobility, all vending facility managers, and licensees, are required to complete continuing education credits each calendar year. (a) In order to meet this requirement, the vending facility manager shall complete three of the following activities: (A) Attendance at a vending facility manager training sponsored by the BECC with the assistance of the Commission; (B) Attendance at the National Association of Blind Merchants (NABM) BLAST Conference; (C) Attendance at the Randolph-Sheppard Vendors of America (RSVA) Sagebrush Conference; (D) Attendance at the National Automatic Merchandising Association NAMA Show; (E) Attendance at the National Restaurant Association (NRA) Annual Conference; (F) Attendance at the National Association of Convenience Stores (NACS) Annual Conference; (G) Successful completion of a Hadley Institute for the Blind and Visually Impaired online training course offered by Hadley’s Forsythe Business Program; (H) Certification or recertification in the National Restaurant Association’s ServSafe food safety program; (I) Attending a State NAMA Conference; (J) Attending an industry sponsored food show; (K) Successful completion of a college business course. (b) Additionally, the Commission may design training specific to an individual or with the active participation of the BECC identify other training opportunities not listed above. With the active participation of the BECC, point values will be assigned to such training as appropriate. (c) It will be the responsibility of the vending facility manager, or licensee, to provide documentation each January of attendance or completion of all training. The Commission shall maintain said documentation. (d) Failure to meet the continuing education requirements will disqualify a vending facility manager from bidding on facilities for the next calendar year. (e) The Commission may make an exception to the training requirement if the vending facility manager, or licensee, cannot complete the training due to medical issues or other documented hardships. Statutory/Other Authority: HB 3253 (2017) Statutes/Other Implemented: ORS 346.510 to 346.570 History: CFTB 1-2021, amend filed 02/18/2021, effective 02/19/2021 CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 06/09/2021 CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017