Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 3 - Vending Facility Selection, Permits, and Operating Agreements › Section 17-403-19 - Selection of vending facility locations in State, city and county buildings

Current through June, 2024
(a) Vending facilities may be situated in
				  public buildings, including buildings leased by a State, city or county. The
				  permit or lease shall be in the name of the SLA and shall not be transferable
				  except by the SLA.
(b) Any building
				  that an authority undertakes to acquire by ownership, lease, or to otherwise
				  occupy, in whole or in part, shall include a satisfactory site for the location
				  and Operation of a vending facility. This includes any building that is to be
				  constructed, or substantially altered or renovated.
(1) Each authority shall provide the SLA
				  written notice by certified mail, return receipt requested, of its intention to
				  acquire or otherwise occupy a building. The written notice shall be provided as
				  early as practicable, but no later than 90 days before such intended
				  action.
(2) The SLA shall be
				  afforded the opportunity to select the location and type of vending facility to
				  be operated by a licensee prior to the completion of the final space layout of
				  the building.
(3) The SLA shall
				  consult with the authority and with the chair of the HSCBV, or the chair's
				  designee, and, within 30 days following receipt of the notice to occupy, will
				  determine whether the site is satisfactory for a vending facility. A vending
				  facility is not required to be established where the SLA determines that a
				  facility is not feasible.
(4) An
				  arbitration board of three persons shall hear appeals as provided in subsection
				  (5) of this section.
(A) The arbitration
				  board will resolve the issue(s) submitted for arbitration and determine if the
				  authority violated HRS
				  102-14
				  or these regulations.
(B) The
				  arbitration board shall consist of one individual designated by the HSCBV chair
				  or the chair's designee who shall serve as chair, one person designated by the
				  authority over which a dispute arises, and a third person who is not an
				  employee of the authority selected by the two.
(C) If either party fails to promptly agree
				  to a third person, the SLA shall appoint a hearing officer from the list of
				  qualified and impartial hearing officers maintained by the SLA.
(5) If, in the opinion of the SLA,
				  any authority fails to comply with HRS
				  102-14,
				  the SLA shall appeal the authority's action to the arbitration board.
(A) The arbitration board, shall, within 30
				  days' written notice of appeal, conduct a hearing and render its decision. The
				  time for hearing may only be extended by mutual consent of the SLA and the
				  authority.
(B) The decision of the
				  arbitration board shall be in writing and shall be final and binding.
(C) If the arbitration board determines that
				  the acts or practices of any authority violate the priority given to blind or
				  visually handicapped persons to establish and/or operate vending facilities,
				  the head of the affected authority shall promptly cause such acts or practices
				  to be terminated, and shall take such other action as may be necessary to carry
				  out the decision of the arbitration board. Notwithstanding the above, the SLA
				  shall have authority to proceed with all remedies authorized by law when a
				  county or city fails to comply with HRS
				  102-14.
(6) Except where caused by the
				  negligence of the SLA or a licensee, no Charge may be made to the SLA or a
				  licensee for rent, Utilities, maintenance and/or repair of building structures
				  in and adjacent to vending facility areas, except as authorized by agreement
				  entered into prior to January 1, 2010.