California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 5 - Vending Facilities; Announcement; Application; Selection; Placement › Section 7214 - Announcing the Availability of Vending Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Business Enterprises Program for the Blind (BEP) shall announce the availability of
				  a vending facility by issuing a DR 460, Vending Facility Announcement (Rev. 09/09),
				  incorporated by reference herein. At least 10 calendar days prior to the deadline
				  for submitting applications, the BEP shall post the announcement on the Department's
				  website, record the announcement on a telephone based information system that is
				  available to licensees and vendors, and provide the announcement to the California
				  Vendors Policy Committee. Upon request, the BEP shall also provide the announcement
				  in an appropriate mode of communication, to the extent possible, consistent with
				  Code of Federal Regulations, title 34, part 361.5(b)(5) and Welfare and Institutions
				  Code section
				  19013.5(b).
				  Such modes of communication may include providing the announcement in large print,
				  Braille, on audiotape, 3.5" diskette, or compact disk, and transmitting announcement
				  electronically.
(b) When announcing the
				  availability of a vending facility, the BEP shall consider whether or not the
				  vending facility is projected to generate an adequate net income, as defined in
				  Section 7211(a)(2) of these
				  regulations.
(1) When a newly established vending
				  facility is available and the minimum projected net income meets BEP guidelines
				  specified in Section
				  7211(a)(2) of these
				  regulations, the vending facility shall be announced as available as a primary site,
				  as defined in Section
				  7211(a)(36) of these
				  regulations.
(2) When a previously
				  operated vending facility is available and the minimum projected net income meets
				  BEP guidelines specified in Section
				  7211(a)(2) of these
				  regulations, the vending facility shall be announced as a primary site, as defined
				  in Section 7211(a)(36) of these
				  regulations. The vending facility shall be announced within 15 working days
				  following receipt of resignation or removal of the vendor whose facility is being
				  vacated and made available.
(3) When a
				  previously operated vending facility is available and the minimum projected net
				  income does not meet BEP guidelines specified in Section
				  7211(a)(2) of these
				  regulations, the vending facility shall be announced as available to be operated as
				  a satellite site to be combined or consolidated with one or more other sites. The
				  BEP Manager shall identify which of the sites is the primary site.
(4) When two or more previously operated vending
				  facilities are available concurrently, and no one vending facility is projected to
				  generate a minimum projected net income specified in Section
				  7211(a)(2) of these
				  regulations, the BEP may combine or consolidate the sites and announce them as
				  available to be operated as a vending facility on more than one site. The BEP
				  Manager shall identify which of the sites shall be the primary site. Sites that are
				  combined or consolidated into a vending facility shall be announced as available
				  within 15 working days of the BEP's decision to combine and consolidate the
				  sites.