Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-301 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article the following definitions apply unless the
				  context otherwise requires:
1. "Abandoned facility" means a business facility where a BEP
				  operator has failed to open the facility without good cause for 24
				  hours.
2. "Agreement for operation of a vending facility" or
				  "operator's agreement" means the written contract between the Department of
				  Economic Security and a business enterprise program operator that regulates the
				  terms and conditions under which the business enterprise shall be
				  managed.
3. "Arizona Participating Operators Committee" or "APOC"
				  means a fully representative committee of blind operators elected biennially by
				  their peers which functions as an integral part of the Business Enterprise
				  Program having active participation in major BEP administrative decisions and
				  policy and program development decisions affecting the overall administration
				  of the state's vending facility program.
4. "Business Enterprise Program" or "BEP" means an
				  organizational unit of the Rehabilitation Services Administration within the
				  Department of Economic Security which is the state licensing agency that
				  provides opportunities for legally blind persons to operate merchandising
				  business facilities in public and other property.
5. "Business Enterprise Program operator" or "BEP operator"
				  means a licensee who enters into an operator's agreement with the BEP to manage
				  and operate a business facility.
6. "Business facility" means a particular place of
				  merchandising identified by the BEP which provides an opportunity to operate a
				  vending facility.
7. "Candidate" means a legally blind client receiving
				  vocational rehabilitation services who is referred to the BEP by a vocational
				  rehabilitation counselor for training and placement.
8. "Certified trainee" means a legally blind client of the
				  Vocational Rehabilitation Program who has successfully completed training and
				  has been certified by the BEP.
9. "Department" means the Arizona Department of Economic
				  Security.
10. "Displaced operator" means a licensee who has operated a
				  business facility in Arizona under the provisions of this Article and is not
				  currently assigned to a business facility as a result of a facility or building
				  closure or medical leave.
11. "Grantor" means the agency that grants a permit to, or
				  enters into an agreement with, the BEP to provide a satisfactory site for the
				  operation of a business facility.
12. "Guaranteed fair minimum of return" means the prevailing
				  federal minimum wage multiplied by a 40-hour work week.
13. "Initial probation" means the first six months after an
				  operator assumes management of his first business facility or a higher level
				  business facility during which time the operator's performance is evaluated for
				  permanent status, termination or performance probation.
14. "Legally blind person" means a person who, after
				  examination by an ophthalmologist, has been determined to have no vision or
				  acuity or has a central visual acuity of 20/200 or less in the better eye, with
				  the best correction by single magnification, or who has a field defect in which
				  the peripheral field has been contracted to such extent that the widest
				  diameter of visual field subtends an angular distance no greater than 20
				  degrees.
15. "Licensee" means a legally blind person who has been
				  licensed by the Department to operate a business facility.
16. "Net proceeds" means the amount remaining after the
				  deduction of business expenses from all income accruing to a BEP operator from
				  the operation of a vending facility.
17. "Performance probation" means a period of time not
				  exceeding six months during which a business facility operator who is not on
				  initial probation shall correct documented, unacceptable performance or
				  deficiencies upon written notice by the BEP.
18. "Rehabilitation Services Administration" or "RSA" means
				  the organizational unit within the Department which is responsible for the
				  administration of the Vocational Rehabilitation Program for the Blind and
				  Visually Impaired.
19. "Temporary Business Enterprise Program operator" or
				  "temporary operator" means an individual who contracts with the Department to
				  operate a business facility for a specified period of time and who may or may
				  not be a legally blind person.
20. "Trainee" means a candidate who has been accepted into
				  and is receiving training from the BEP prior to placement and licensure.
21. "Upward mobility training" means additional training that
				  enhances a BEP operator's work opportunities.
22. "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 licensees, and
				  which is necessary for the sale of newspapers, periodicals, confections,
				  tobacco products, food, 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.
23. "Vocational rehabilitation counselor" or "counselor"
				  means the person in the Vocational Rehabilitation Program (VR) who determines
				  the appropriateness of its clients for referral to the BEP.