Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 1 - OVERVIEW AND PROGRAM ADMINISTRATION › Section 17-403-2 - Applicable definitions

Current through June, 2024
As used in this chapter:
"Act" means the Randolph-Sheppard Act ( Pub. L. 74-732 ),
					 as amended by Pub. L. 83-565 and Pub. L. 93-516, 20 U.S.C, ch. 6A, section
					 107.
"Active participation" means a Joint decision-making
					 process between the Hawaii State Committee of Blind Vendors (HSCBV) and the
					 State Licensing Agency (SLA or Hoopono) with respect to the following
					 categories:
(1) major administrative, policy, or program development
					 decisions affecting the overall administration of the vending facility
					 program;
(2) development and administration of a system for the
					 transfer and promotion of blind vendors;
(3) development of training and retraining programs for
					 blind vendors;
(4) sponsorship, with Hoopono's assistance, of meetings and
					 instructional Conferences for Hawaii's blind vendors;
(5) significant expenditures (as determined by the SLA in
					 consultation with the HSCBV chair) from the Randolph-Sheppard Revolving Account
					 established pursuant to section
					 347-12.5,
					 HRS (RSRA);
(6) changes in facility composition, as well as adding or
					 closing of facilities;
(7) selection of vending facility staff and
					 Consultants.
"Authority" means the State, county, or city agency or
					 department responsible for management of a State, county, or city
					 building.
"Blind person" means a person who, after examination by a
					 physician skilled in diseases of the eye or by an Optometrist, whichever the
					 person shall select, has been determined to have:
(1) Not more than 20/200 central visual acuity in the
					 better eye with correcting lenses; or
(2) An equally disabling loss of the visual field as
					 evidenced by a limitation to the field of vision in the better eye to such a
					 degree that its widest diameter subtends an angle of no greater than 20
					 degrees.
"Direct competition" means the presence and Operation of a
					 vending machine or 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.
"Equipment" means:
(1) Counters, shelving, display and wall cases,
					 refrigeration apparatus and other appropriate equipment necessary for the
					 purpose of establishing persons who are blind in gainful employment pursuant to
					 the Act or section
					 102-14,
					 HRS;
(2) Cafeteria or snack bar facilities for the dispensing of
					 foodstuff and beverages; and
(3) Manual, coin, or bill, bank, or card operated vending
					 machines.
"Federal property" is as is defined in
					 34 C.F.R.
					 §
											395.1.
"Hawaii State Committee of Blind Vendors" or "HSCBV" means
					 the State committee elected by vendors to actively participate with the SLA in
					 the administration of the vending facility program.
"Initial stock and supplies" means merchandise, expendable
					 stock, supplies, and operating capital which is purchased with vocational
					 rehabilitation funds or funds deposited into the RSRA for the purpose of
					 establishing a vending facility pursuant to this chapter.
"License" means a written instrument issued by the SLA to
					 a person who is blind, pursuant to the Act, authorizing such person to operate
					 a vending facility on federal or other property.
"Maintenance of equipment" means all the repairs necessary
					 to keep the equipment operational. For example, this could include the purchase
					 of a new motor for a refrigerator or the replacement of glass in a showcase.
					 Refurbishment such as finishing and painting counters, shelving, and the like
					 also is considered to be maintenance. However, replacement of filters and the
					 like, so long as such tasks can be safely accomplished by the blind vendor or
					 the trainee, or such tasks do not fiscally overburden the facility, is not
					 considered to be maintenance of equipment.
"Management Services" means supervision, inspection,
					 quality control, consultation, accounting, regulating, in-service training, and
					 other related Services provided on a systematic basis to support and improve
					 vending facilities operated by blind vendors, including equipment and initial
					 stock as provided by
					 20 U.S.C. §
											107 b(2). Management Services does not
					 include those Services or costs which pertain to the ongoing Operation of an
					 individual facility after the initial establishment period.
"Other property" means property which is not Federal
					 property and on which vending facilities are established or operated.
"Permit" means the permit required by HRS §
										102-14(c).
"Replacement of equipment" means the total replacement of
					 a Single piece of equipment as a unit; for example, the purchase of a new
					 refrigerator. A number of units of equipment for a single stand location may be
					 purchased as replacement equipment at one time. A portion or a part of a piece
					 of equipment; i.e., a refrigerator motor, may not be considered as replacement
					 equipment but must be charged as maintenance and repair. Counters may be
					 replaced in total, but the installation of a new glass or refinishing of
					 surfaces should be considered maintenance and repair.
"Randolph-Sheppard Revolving Account" or "RSRA" is the
					 account established pursuant to section
					 347-12.5,
					 HRS.
"Satisfactory site" means an area fully accessible to a
					 sufficient number of vending facility patrons to ensure the facility will
					 contribute to the economic opportunity of an individual or individuals who are
					 blind or visually impaired as determined by the SLA and having adequate space
					 to ensure that patrons are adequately served:
(1) A minimum of 250 square feet available for vending and
					 a minimum of 150 square feet available for storage of articles necessary for
					 the Operation of a vending facility; and
(2) Sufficient electrical, plumbing, heating, air
					 conditioning, and Ventilation outlets for the location and Operation of a
					 vending facility in accordance with applicable health laws and building
					 codes.
"Secretary" means the secretary of the U.S. department of
					 education.
"State licensing agency" or "SLA" mean the department of
					 human Services as the State agency designated by the Secretary under the Act,
					 to issue licenses to blind persons for the Operation of vending facilities on
					 Federal and other property, and to issue licenses to persons who are blind for
					 the Operation of vending facilities in State, city or county buildings under
					 section
					 102-14,
					 HRS.
"State vocational rehabilitation agency" means that agency
					 in the State providing vocational rehabilitation Services to the blind as the
					 sole state agency under a State plan for vocational rehabilitation Services
					 approved pursuant to the provisions of the Rehabilitation Act of 1973, as
					 amended (29 U.S.C., chapter 16).
"Vending facility" means automatic vending machines,
					 cafeterias, snack bars, cart Service, shelters, counters, and such other
					 appropriate auxiliary equipment which may be operated by blind vendors and
					 which is necessary for the sale of newspapers, periodicals, confections,
					 tobacco products, foods, beverages, and other articles or Services dispensed
					 automatically or manually and prepared on or off the premises in accordance
					 with all applicable health laws, and including the vending or exchange of
					 chances for any lottery authorized by state law and conducted by an agency of a
					 state within such state. Vending facility also includes any other facility
					 established by the SLA and operated by a blind vendor.
"Vending machine" means a manual, coin, currency, bank
					 credit or debit card operated machine which dispenses articles or Services,
					 except that those machines operated by the United States 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.
"Vending machine income" means receipts (other than those
					 of a blind vendor) from vending machine Operations on Federal property, or in
					 State, city or county buildings, after deducting the costs of goods sold
					 (including reasonable Service and maintenance costs in accordance with
					 customary business practices of commercial vending concerns), where the
					 machines are operated, serviced, or maintained by, or with the approval of, a
					 department, agency, or instrumentality of the United States, State, city or
					 county, or commissions paid (other than to-a blind vendor) by a commercial
					 vending concern which operates, Services, and maintains vending machines on
					 Federal, State, city or county property for, or with the approval of, a
					 department, agency, or instrumentality of the United States, State, city or
					 county.
"Vendor" means a blind licensee who is operating a vending
					 facility on Federal or other property under the Act, or in a State, city or
					 county building under section
					 102-14,
					 HRS and this chapter.
"Visually impaired person" means a person who has some
					 visual impairment-not to the extent that the individual can claim special tax
					 exemptions as a legally blind person-but to the extent that the Visual
					 impairment seriously interferes with achievement of the person's maximum
					 social, educational, and economic Potential.
"Vocational Rehabilitation Services" or "VR Services"
					 means those Services defined in section 103 of the Rehabilitation Act of 1973,
					 as amended, and 34 C.F.R., chapter 361 C.F.R. §395.1.