California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 2 - Definitions and Terms › Section 7211 - Definitions and Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this chapter, the following definitions and terms shall apply to the
				  administration and operation of the Business Enterprises Program for the Blind,
				  hereafter BEP:
(1) "Active Participation" means an
				  ongoing process of consultation between the Department of Rehabilitation, hereafter
				  Department, and the California Vendors Policy Committee, hereafter CVPC, in
				  developing policies, standards, and procedures affecting the overall operation of
				  the BEP vending facilities program, prior to implementation by the Department, in
				  accordance with Welfare and Institutions Code section
				  19638(b)(1).
(2) "Adequate Net Income" means, for purposes of
				  Welfare and Institutions Code section
				  19631,
				  minimum projected net income of $3,300 per month to place a licensee or vendor in a
				  newly established or previously established vending facility or in a vending
				  facility formed by combining or consolidating two or more sites. The Department
				  shall annually review this minimum income level and make adjustments based upon the
				  changes in the California Necessities Index.
(3) "Applicant Review Panel" means a group of
				  individuals, as specified in Section
				  7212(c) of these
				  regulations, which determines a blind person's readiness to participate in the
				  Vendor Training Program.
(4) "Authorized
				  Representative" means any person or entity designated by the licensee or vendor to
				  act on his or her behalf during an administrative review or a full evidentiary
				  hearing.
(5) "Blind Person," as
				  specified in Welfare and Institutions Code section
				  19153,
				  means either a person who has not more than 20/200 central visual acuity in the
				  better eye after correction, or a person who has visual acuity greater than 20/200
				  but with a limitation in the fields of vision such that the widest diameter of the
				  visual field subtends an angle no greater than 20 degrees. Such blindness shall be
				  certified by a licensed physician and surgeon who specializes in diseases of the eye
				  or a licensed optometrist.
(6) "Business
				  Enterprises Consultant" or "BEC" means the individual employed by the Department to
				  provide technical assistance to licensees and vendors in the operation of vending
				  facilities within an assigned geographic area of California.
(7) "Business Enterprises Program for the Blind"
				  or "BEP" means the Department administered and operated program that licenses blind
				  persons, as defined in subsection (a)(5) herein, to operate vending facilities, as
				  defined in subsection (a)(54) herein, with a priority established by federal and
				  state law to operate a vending facility on federal and state property in California.
				  A blind person licensed by the BEP also may operate a vending facility on other
				  property in California, whether owned or controlled privately or by any county,
				  city, city and county, or other political subdivision.
(8) "Business Enterprises Program for the Blind
				  Manager" or "BEP Manager" means the individual employed by the Department to oversee
				  the administration of the BEP.
(9)
				  "California Vendors Policy Committee" or "CVPC" means the biennially elected
				  committee of licensed blind vendors who are fully representative of all licensed
				  blind vendors in the BEP, as provided for in Welfare and Institutions Code section
				  19638.
(10) "Client-Trainee" means an individual who is
				  eligible to participate in the BEP, in accordance with Section
				  7212(a) of these
				  regulations, and who is enrolled in the Vendor Training Program provided for in
				  Section 7212.1 of these regulations.
(11) "Combining or Consolidation of Vending
				  Facilities" means the act by which the Department combines or consolidates two or
				  more sites into a vending facility.
(12)
				  "Contracting Agency" means the person, governing board, or legislative body that
				  owns, leases, rents, or otherwise controls or occupies a federal, state, or other
				  property, with the authority to sign a Permit, as defined in subsection (a)(35)
				  herein, for the vending facility.
(13)
				  "Department" means the Department of Rehabilitation in this chapter, unless
				  otherwise specified.
(14) "Deputy
				  Director of the Division of Specialized Services for the Blind and Visually Impaired
				  and the Deaf and Hard of Hearing" means the individual employed by the Department
				  pursuant to Welfare and Institutions Code sections
				  19095
				  and
				  19095.5,
				  who provides direct supervision to the Department's blind and visually impaired
				  programs.
(15) "Direct Competition," as
				  defined herein, applies to federal properties only, and means the presence and
				  operation of a vending machine or a vending facility on the same premises as a
				  vending facility operated by a blind vendor, except that vending machines or vending
				  facilities operated in areas serving employees the majority of whom normally do not
				  have direct access (in terms of uninterrupted ease of approach and the amount of
				  time required to patronize the vending facility) to the vending facility operated by
				  a blind vendor shall not be considered to be in direct competition with the vending
				  facility operated by a blind vendor.
(16) "Director" means the Director of the
				  Department of Rehabilitation in this chapter, unless otherwise specified.
(17) "Disabled Employee" means an individual who
				  has a physical or mental disability, as defined in Government Code section
				  12926(i) and
				  (k), which has been certified by either a
				  Rehabilitation Counselor or a licensed physician.
(18) "Election Coordinator" means any Department
				  employee appointed by the Director, or an independent agent under contract with the
				  Department, to conduct CVPC elections. If a Department employee is appointed for
				  this purpose by the Director, he or she shall be part of a three-member panel. The
				  remaining two members shall be vendors who are not nominees and are approved by the
				  CVPC. If an outside agent is hired, there is no requirement for a three-member
				  panel.
(19) "Equipment" means a machine,
				  mechanical or electronic device, or appliance or fixture, that an individual
				  operates or activates to perform a task, excluding "Assistive Technology Devices" as
				  defined in Section
				  7002 of these regulations, and "Tools"
				  as defined in Section
				  7028.4 of these regulations, consistent
				  with the definition specified in Section
				  7013.2 of these regulations.
(20) "Executive Officers of the CVPC" means the
				  Chairperson, the Vice-Chairperson, and the Secretary, who are elected by a majority
				  vote of the CVPC to serve a specific term.
(21) "Facility Number" means a unique number
				  assigned by the BEP to designate each vending facility. An individual vending
				  facility number shall be issued for a vending facility, whether comprised of one
				  site, or two or more sites that have been combined or consolidated, as provided for
				  in subsection (a)(11) herein.
(22)
				  "Federal Property," as defined in 20 USC section 107e(3)
				  and 34 CFR section
				  395.1(g), means any building,
				  land, or other real property owned, leased, or occupied by any department, agency,
				  or instrumentality of the United States, including the Department of Defense and the
				  United States Postal Service, or any other instrumentality wholly owned by the
				  United States, or by any department or agency of the District of Columbia or any
				  territory or possession of the United States.
(23) "Financial Averages" mean the BEP Profit and
				  Loss Statewide Financial Averages for types of vending facilities defined in
				  subsection (a)(54) herein, developed by the BEP annually using information derived
				  from the DR 478, Vendor's Monthly Operating Report (Rev. 06/16), incorporated by
				  reference herein, using the DR 478A, Vendor's Monthly Operating Report Privacy
				  Notice and Instructions (Rev. 06/16), incorporated by reference herein, submitted by
				  BEP vendors.
(24) "Food Service Contract
				  Vending Facility" [RESERVED]
(25) "Food
				  Service Contractor" [RESERVED]
(26)
				  "Hearing Officer" means an individual who is:
(A)
				  Not a Department employee; and
(B) An
				  impartial individual who is:
1. Hearing
				  Officer;
2. Administrative Law Judge
				  (ALJ) at the Office of Administrative Hearings (OAH); or
3. Any other individual under contract with the
				  Department to conduct full evidentiary hearings who is experienced in the field of
				  administrative law.
(27) "In-Service Training" means guidance,
				  instruction, and direction designed to maintain and improve vendor skill levels
				  necessary to operate a vending facility. In-Service training may be provided to an
				  individual vendor in his or her vending facility upon request, or in a classroom
				  setting. In-Service training is provided for in Section
				  7212.4 of these regulations.
(28) "Interim Facility Vendor List" means a list
				  maintained by the Selection Coordinator that contains the names of licensees and
				  vendors who have expressed an interest in operating an interim vending
				  facility.
(29) "Interim Vending
				  Facility" means a vending facility that is operated on a temporary basis by a
				  vendor, not to exceed six months, except if renewed for a period of time specified
				  in writing by the BEP Manager.
(30)
				  "License" means the DR 468, Vending Facility License (Rev. 07/07), incorporated by
				  reference herein, issued by the Department, which authorizes a blind person, as
				  defined in subsection (a)(5) herein, to operate a vending facility on federal,
				  state, or other property defined in subsections (a)(22), (a)(44), and (a)(34)
				  herein, respectively.
(31) "Licensee"
				  means a person who is eligible to participate in the BEP, in accordance with Section
				  7212(a) of these
				  regulations, who has been issued a DR 468, Vending Facility License (Rev. 07/07),
				  incorporated by reference herein, by the BEP, but who is not currently operating a
				  vending facility.
(32) "Manager" means
				  any individual employed by a vendor to operate the vendor's vending facility during
				  the vendor's absence. A manager is not required to be a licensee.
(33) "Net Proceeds" means the amount remaining
				  from the sale of articles or services of vending facilities, and any vending machine
				  or other income accruing to a vendor after deducting the cost of such sale and other
				  expenses (excluding set-aside fees) for the monthly reporting period.
(34) "Other Property" means property owned or
				  controlled privately or by any county, city, city and county, or other political
				  subdivision.
(35) "Permit" means any
				  agreement between the BEP and the contracting agency, as defined in subsection
				  (a)(12) herein, which authorizes the establishment of a vending facility on property
				  owned, leased, rented or otherwise controlled or occupied by the contracting
				  agency.
(36) "Primary Site" means the
				  site designated by the BEP as the main site of a vending facility that is comprised
				  of two or more sites that have been combined or consolidated into a vending
				  facility. Such vending facility shall be comprised of a primary site and satellite
				  site(s), as defined in subsection (a)(38) herein.
(37) "Probation" means the period of time in which
				  a vendor has to correct deficiencies identified by the BEP.
(38) "Satellite Site" means the secondary site or
				  sites of two or more sites that have been combined or consolidated into a vending
				  facility, consistent with subsection (a)(11) herein.
(39) "Secretary" means the Secretary of the U.S.
				  Department of Education.
(40) "Selection
				  Committee for Vending Facilities" means a group of individuals, which is responsible
				  for evaluating applicants and selecting a licensee or vendor to operate a vending
				  facility.
(41) "Selection Coordinator"
				  means a BEP staff representative designated by the BEP Manager (with the exception
				  of a Business Enterprises Consultant (BEC) or Supervising Business Enterprises
				  Consultant (SBEC) assigned to a field office or otherwise involved in day-to-day
				  contact with BEP vendors) who facilitates and coordinates all facets of the
				  selection process by which a licensee or vendor is chosen to operate a vending
				  facility, as defined in subsection (a)(54) herein.
(42) "Set-Aside Fees" means those fees paid by
				  vendors into the Set-Aside Fund established by the Department from the net proceeds
				  generated by the vendor's operation of a vending facility. Pursuant to Welfare and
				  Institutions Code section
				  19629,
				  the Department shall provide that if any funds are set aside, or caused to be set
				  aside, from the net proceeds of the operation of vending facilities, those funds
				  shall be set aside, only to the extent necessary, but not to exceed the amount equal
				  to 6 percent of gross sales of a vending facility, and may be used only for the
				  purposes identified in Welfare and Institutions Code section
				  19629(a).
(43) "Site" means an area that meets the
				  requirements for a satisfactory site, as defined in
				  34 CFR section
				  395.1(q), and the requirements
				  for a feasible site, consistent with Welfare and Institutions Code section
				  19627(a)(2).
				  A vending facility may be located on one site or, when two or more sites are
				  combined or consolidated into a vending facility, on two or more sites.
(44) "State Property" means all real property, or
				  part thereof, owned, leased, rented, or otherwise controlled or occupied by any
				  department or other agency or body of this state.
(45) "Supervising Business Enterprises Consultant"
				  or "SBEC" means the individual employed by the Department to provide direct
				  supervision to one or more Business Enterprises Consultants (BECs) within an
				  assigned geographic area of California.
(46) "Suspension of a Vendor's License" means that
				  the license, which authorizes the vendor to operate a vending facility, has been
				  made inactive for a specific period of time.
(47) "Suspension of a Vendor's Operating
				  Agreement" means that the vendor's operating agreement, as defined in (a)(60)
				  herein, has been made inactive for a specific period of time.
(48) "Teaming Contractor" [RESERVED]
(49) "Termination of a Licensee's or Vendor's
				  License" means that the license, which authorizes a licensee or vendor to operate a
				  vending facility, is revoked.
(50)
				  "Termination of a Vendor's Operating Agreement" means that the vendor's operating
				  agreement, as defined in (a)(60) herein, is revoked.
(51) "Training Instructor" means an individual
				  employed by the Department to coordinate all aspects of the Vendor Training
				  Program.
(52) "Unassigned Vending
				  Machine Commissions" means the income received by the Department from vending
				  machines operated on state property where there are no BEP vendors. Such income is
				  placed directly into the fund for vendor benefits, consistent with Welfare and
				  Institutions Code section
				  19630(a) and
				  (d).
(53) "Upward Mobility Training" has the meaning
				  specified in Section
				  7212.4(e) of these
				  regulations.
(54) "Vending Facility"
				  means a business operated by a vendor, which is a single entity under one facility
				  number issued by the BEP, excluding interim vending facilities. A vending facility
				  may consist of one site, or two or more sites combined or consolidated into a
				  vending facility, one of which is a primary site defined in subsection (a)(36)
				  herein, and others that are satellite sites defined in subsection (a)(38) herein.
				  Vending facilities may consist exclusively, or in combination, of the same or
				  different types of facilities including but not limited to, vendor-operated
				  cafeteria, dry/wet facility, food concession vehicle or cart service, snack-bar
				  facility, or vending machine facility, as defined herein, which may sell newspapers,
				  periodicals, confections, tobacco products, foods, beverages, lottery tickets, and
				  other articles or services that are dispensed automatically or manually and prepared
				  on or off the premises.
(A) "Cafeteria Facility"
				  means a food service vending facility, which may include restaurants or food courts,
				  providing a broad variety of foods and beverages prepared on or off the premises,
				  including hot meals.
(B) "Dry/Wet
				  Facility" means a convenience store vending facility providing manual as well as
				  automated dispensing of articles, prepackaged refreshments, gifts, souvenirs, sundry
				  items, or services. Wet facilities have plumbing to accommodate vending activities
				  such as making coffee or providing fountain drinks.
(C) "Food Concession Vehicle" or "Cart Service"
				  means a motorized or non-motorized vehicle providing manual dispensing of food,
				  refreshments, or other items.
(D)
				  "Snack-bar Facility" means a super convenience or convenience store vending facility
				  selling limited lines of refreshment and prepared food items.
(E) "Vending Machine Facility" means automated
				  coin, currency, or debit card operated vending machine(s) dispensing food,
				  refreshments, or other articles or services, except that those machines operated by
				  the U.S. Postal Service for the sale of postage stamps or other postal products and
				  services, machines providing services of a recreational nature, and telephones shall
				  not be considered to be vending machines.
(55) "Vending Machine Commissions" mean all
				  commissions paid by commercial vending businesses that operate a vending facility in
				  or on a site where the BEP has a right to establish a vending facility, whether the
				  commission is paid to a blind vendor or, if unassigned, placed directly into the
				  fund for vendor benefits.
(56) "Vendor"
				  means a person who is eligible to participate in the BEP, in accordance with Section
				  7212(a) of these
				  regulations, who has been issued a DR 468, Vending Facility License (Rev. 07/07),
				  incorporated by reference herein, by the BEP, and who is currently operating a BEP
				  vending facility.
(57) "Vendor Benefits"
				  means retirement or pension plans, health insurance, paid sick leave, and vacation
				  time.
(58) "Vendor-Trainer" means a
				  vendor who is certified pursuant to Section
				  7212.2 of these regulations, and who
				  conducts an on-the-job pre-entry evaluation as part of the assessment of an
				  individual's potential to operate a vending facility, and who provides on-the-job
				  training to Client-Trainees in the Vendor Training Program.
(59) "Vendor Training Program" means the training
				  described in Section
				  7212.1 of these regulations, which is
				  provided to a Client-Trainee herein, to prepare him or her for licensure to operate
				  a vending facility.
(60) "Vendor's
				  Operating Agreement" means the written agreement between a vendor and the BEP
				  establishing the terms and conditions for the operation of a vending
				  facility.
(61) "Working Day" means
				  Monday through Friday, excluding holidays observed by the State of
				  California.