reglab/statecodes huggingface dataset:
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 7214.5 - Food Service Contracts; Interviews; Selection of a Vendor. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 7214.6 - Other Methods of Selection; Management Interviews

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
				  Business Enterprises Program for the Blind, herein BEP, announces the availability
				  of a vending facility by preparing and circulating a DR 460, Vending Facility
				  Announcement (Rev. 09/09), incorporated by reference herein, and there are fewer
				  than three applicants, selection of a licensee or vendor shall be determined through
				  interviews scheduled by the BEP and conducted by the contracting agency.
(1) If the contracting agency chooses not to
				  conduct the management interviews, the BEP shall work with the contracting agency to
				  select an independent party to conduct the interviews.
(2) A Selection Coordinator shall be present at
				  all interviews in person or by telephone.
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 7214.8 - Vendor Resignation from a Vending Facility to Accept a Different Vending Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A vendor
				  who is currently operating a vending facility and applies for and is selected to
				  operate a different vending facility must formally resign from the vending facility
				  he or she is currently operating. A vendor is prohibited from operating two vending
				  facilities concurrently, except as provided for in Section
				  7215 of these regulations. A vendor,
				  when resigning from a vending facility, is resigning from the primary site and any
				  satellite sites within that vending facility.
(b) To resign a vending facility he or she is
				  currently operating, a vendor must sign a DR 1310, Vendor Resignation (Rev. 07/07),
				  incorporated by reference herein, and state the effective date of his or her
				  resignation from the vending facility he or she is currently operating. The
				  effective date of the vendor's resignation is subject to approval by the Business
				  Enterprises Program for the Blind (BEP) Manager, who shall determine how to
				  transition the vendor to a different vending facility.
(c) A vendor who resigns from the vending facility
				  he or she is currently operating, and then decides he or she wants to return, may do
				  so only if a DR 460, Vending Facility Announcement (Rev. 09/09), incorporated by
				  reference herein, announcing the availability of the vendor's former vending
				  facility, has not yet been issued by the BEP and circulated to licensees and
				  vendors.
(d) A vendor's failure to
				  submit a DR 1310, Vendor Resignation (Rev. 07/07) from his current vending facility
				  before or concurrently with the executed operating agreement for the announced
				  vending facility shall result in the vendor being disqualified as the selected
				  vendor for the announced vending facility.
(e) This section does not apply to:
(1) A vendor who applies for and is selected to
				  operate a vending facility that shall be combined or consolidated with the vendor's
				  existing sites; or
(2) A vendor who
				  applies for and is selected to operate an interim vending facility, as described in
				  Section 7215 of these
				  regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 6 - Interim Vending Facilities-Application; Selection; Placement › Section 7215 - Placing a Vending Facility into Interim Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Business Enterprises Program for the Blind (BEP) may place a vending facility,
				  whether comprised of one site or two or more sites combined or consolidated, into
				  interim operation under any circumstances in which it is determined by the BEP
				  Manager to be in the best interests of the BEP.
(b) The BEP may renew an interim vending facility
				  more than once. An interim vending facility may be renewed only for as long as it
				  takes for BEP to fill an unexpected vacancy. During the period of time the vending
				  facility is being operated on an interim basis, the BEP shall decide whether the
				  facility is to be announced as a vending facility on one site, or a combined or
				  consolidated vending facility, as defined in Section
				  7211(a)(11) of these
				  regulations, and to announce the vending facility as available to be operated on a
				  permanent basis, as provided in Article 5 of these regulations, and select a vendor.
				  The BEP Manager shall provide the California Vendors Policy Committee with written
				  notification of a renewal at least 30 calendar days prior to the renewal of an
				  interim operating facility.
1. New article 6
					 (sections 7215-7215.1) and section filed
					 9-22-2009; operative upon the approval of the Secretary of the United States
					 Department of Education, in accordance with title 34, Code of Federal Regulations,
					 section 395.4(a) (Register
					 2009, No. 39). For prior history of section
					 7215, see Register 93, No.
					 6.
2. Approved by the Secretary of the United States Department of
					 Education in accordance with section
					 395.4(a) of title 34
					 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to
					 section 7210(b)(2) of title 9
					 of the California Code of Regulations (Register 2010, No. 39).
Note: Authority cited:
						20 USC Section
						107b(5);
						34 CFR Section
						395.4; and Sections
						19006,
						19016 and
						19639, Welfare and Institutions Code.
						Reference: 20 USC Sections
						107,
						107a(a)(5),
						107a(b),
						107a(e) and
						107b-1(3);
						34 CFR Sections
						395.1(i),
						395.2,
						395.3(a)(4),
						395.5,
						395.7 and
						395.14(b); and
						Sections 19011,
						19625,
						19626 and
						19638(b), Welfare and
						Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 6 - Interim Vending Facilities-Application; Selection; Placement › Section 7215.1 - Interim Vending Facility; Announcement; Interviews; Selection of a Vendor

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
				  an interim vending facility by issuing a DR 460, Vending Facility Announcement (Rev.
				  09/09), incorporated by reference herein. At least five 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) To apply for an
				  interim vending facility, a licensee or vendor must submit a DR 462, Vending
				  Facility Application (Rev. 07/07), incorporated by reference herein, by the deadline
				  listed in the announcement.
(c) For
				  purposes of selecting a licensee or vendor to operate an interim vending facility,
				  the BEP shall determine the qualifications of licensees and vendors based on the
				  following:
(1) A licensee's or vendor's
				  performance during training and/or related work experience; and
(2) A vendor's efficient operation and management
				  of his or her current vending facility, as evidenced by submission of DR 478,
				  Vendor's Monthly Operating Reports (Rev. 06/16), incorporated by reference herein,
				  and payment of any and all financial obligations to the BEP arising from the
				  operation of his or her vending facility in accordance with these
				  regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7 - Standards for the Establishment and Operation of Vending Facilities › Section 7216 - Establishing a New Vending Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Business Enterprises Program for the Blind, hereafter BEP, vending facilities shall
				  be established in accordance with the following:
(1) On federal property in accordance with federal
				  law (20 USC Section
				  107 et seq.) and regulations (34 CFR Part 395). A
				  person who is blind, as defined in Welfare and Institutions Code section
				  19153,
				  licensed by the BEP shall be given priority in the operation of vending facilities
				  on federal property consistent with
				  20 United States Code sections
				  107 and
				  107d-3(e) and
				  34 Code of Federal Regulations parts
				  395.30, 395.31, and 395.33.
(2) On state
				  property in accordance with Welfare and Institutions Code section
				  19625
				  et seq. A blind person licensed by the BEP shall be given priority in the operation
				  of vending facilities on state property consistent with Welfare and Institutions
				  Code sections
				  19625
				  and
				  19627.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7 - Standards for the Establishment and Operation of Vending Facilities › Section 7216.1 - Combining or Consolidating Two or More Sites into a Vending Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Business Enterprises Program for the Blind, hereafter BEP, may combine or
				  consolidate two or more sites into a vending facility, one of which is a primary
				  site, as defined in Section
				  7211(a)(36) of these
				  regulations, and others that are satellite sites, as defined in Section
				  7211(a)(38), when it
				  has determined that such a combination of sites is likely to produce, within a
				  reasonable period of time, an adequate net income as defined in section
				  7211(a)(2) of these
				  regulations. A vending facility cannot be considered for combining or consolidation
				  if it would result in displacing the vendor presently operating that vending
				  facility.
(b) The BEP may create a
				  vending facility by combining or consolidating:
(1) Two or more prospective sites;
(2) Prospective site(s) with an established
				  site(s); or
(3) Two or more established
				  sites;
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7 - Standards for the Establishment and Operation of Vending Facilities › Section 7216.2 - Vending Facility Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A vending
				  facility may be closed when any of the following have occurred:
(1) The vending facility has been announced as
				  available for operation twice, and no licensees or vendors have applied to operate
				  the vending facility either as a vending facility on one site or as a vending
				  facility to be combined or consolidated with one or more other vending facilities on
				  different sites.
(2) The minimum
				  projected net income of the vending facility does not meet the standards for
				  adequate net income, as defined in section
				  7211(a)(2) of these
				  regulations.
(3) The contracting agency
				  cancels the permit or contract with the Business Enterprises Program for the Blind,
				  hereafter BEP.
(4) Efforts by the BEP to
				  change the type of vending facility do not result in licensees or vendors applying
				  to operate the vending facility.
(5)
				  Efforts by the BEP to combine or consolidate the vending facility with one or more
				  other vending facilities, consistent with section
				  7216.1 of these regulations are
				  unsuccessful.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7 - Standards for the Establishment and Operation of Vending Facilities › Section 7217.2 - Vendor Responsibility for Equipment Maintenance Expense. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 1-12-94 as an emergency; operative 1-12-94 (Register 94, No. 2). A Certificate
					 of Compliance must be transmitted to OAL by 5-12-94 or emergency language will be
					 repealed by operation of law on the following day.
2. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 9).
Note: Authority cited: Sections
						19006,
						19016
						and
						19639,
						Welfare and Institutions Code. Reference: Section
						19629,
						Welfare and Institutions Code; Randolph-Sheppard Act,
						20 USC
						107b(5); and
						34 CFR Section
						395.10.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.5 - Vending Facility Equipment › Section 7218 - Vendor-Owned Vending Facility Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Vendors may
				  choose to purchase all or part of the equipment for a vending facility, rather than
				  exclusively using equipment owned by the Business Enterprises Program for the Blind,
				  hereafter BEP.
(b) When vendors choose
				  to purchase vending facility equipment, such equipment may be amortized and included
				  as an operating expense when preparing the DR 478, Vendor's Monthly Operating Report
				  (Rev. 06/16), incorporated by reference herein, in accordance with the following:
(1) Vending facility equipment costing less than
				  $1,000 may be charged as an expense during the first month it is in
				  service.
(2) Vending facility equipment
				  costing $1,000 or more but less than $5,000 shall be purchased only with the prior
				  written approval of the BEP Manager or the Supervising Business Enterprises
				  Consultant, hereafter SBEC, and charged as an expense using conventional, straight
				  line depreciation over the first 12 months of service.
(3) Vending facility equipment costing $5,000 or
				  more shall be purchased only with the prior written approval of the BEP Manager or
				  the SBEC. The vendor shall also propose to the BEP Manager or the SBEC, the method
				  for amortizing the cost of the equipment. The prior written approval shall document
				  the method the vendor is to use for amortizing the cost of the
				  equipment
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.5 - Vending Facility Equipment › Section 7219 - Initial Stock. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New subsection
					 (b)(5) filed 2-10-83; designated effective 2-20-83 pursuant to Government Code
					 section
					 11346.2(d)
					 (Register 83, No. 7).
2. Renumbering and amendment of former section
					 7217 to section
					 7219 and amendment of NOTE and
					 renumbering of former section
					 7219 to section
					 7221 filed 2-4-93; operative 3-8-93
					 (Register 93, No. 6).
3. Change without regulatory effect amending
					 subsections (b)(1)-(2) filed 6-1-93 pursuant to title 1, section
					 100, California Code of Regulations
					 (Register 93, No. 23).
4. Repealer filed 9-22-2009; operative upon the
					 approval of the Secretary of the United States Department of Education, in
					 accordance with title 34, Code of Federal Regulations, section
					 395.4(a) (Register
					 2009, No. 39).
5. Approved by the Secretary of the United States
					 Department of Education in accordance with section
					 395.4(a) of title 34
					 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to
					 section 7210(b)(2) of title 9
					 of the California Code of Regulations (Register 2010, No. 39).
Note: Authority cited: Sections
						19006,
						19016
						and
						19639,
						Welfare and Institutions Code. Reference: Section
						19629,
						Welfare and Institutions Code; and Section
						12419.5,
						Government Code; and Randolph-Sheppard Act,
						20 USC
						107b(5); and
						34 CFR Sections
						361.42(a)(14) and
						395.4.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.5 - Vending Facility Equipment › Section 7219.1 - Stock Transfer/Sale

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
				  incoming vendor decides to purchase stock from an outgoing vendor and the outgoing
				  vendor had obtained an initial stock loan for which there is an outstanding loan
				  balance, payment for the stock shall first be sent to the Department. The Department
				  shall use the funds to offset the outgoing vendor's outstanding loan balance. The
				  Department shall forward the remaining funds, if any, to the outgoing vendor within
				  45 working days of receipt of the written inventory by the Department indicating the
				  amount and type of stock being purchased by the incoming vendor.
1. New section
					 filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
Note: Authority cited: Sections
						19006,
						19016
						and
						19639,
						Welfare and Institutions Code. Reference: Section
						19629,
						Welfare and Institutions Code; Randolph-Sheppard Act,
						20 USC
						107b(5); and
						34 CFR
						361.42(a)(14).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.7 - Vending Facility Operations › Section 7220.3 - Vendor Placed on Probation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this section, the DR 468, Vending Facility License (Rev. 07/07),
				  incorporated by reference herein, shall be referred to as the "license." Only the
				  Department may place a licensee or vendor on probation.
(b) Written notice of the intent to place a
				  licensee or vendor on probation shall be considered properly served by one of the
				  following two methods and shall include a declaration of service:
(1) Certified mail to the current mailing address
				  provided to the BEP Manager by the licensee or vendor in accordance with Section
				  7213(c) of these
				  regulations; or
(2) Personal service on
				  the licensee or vendor.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.7 - Vending Facility Operations › Section 7220.5 - Initial Stock for Vending Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  individual who is a licensee selected to operate a vending facility for the first
				  time may be provided with initial stock, consistent with Section
				  7149(p) of these
				  regulations.
(1) The Business Enterprises Program
				  for the Blind, hereafter BEP, in consultation with the licensee and the individual's
				  Vocational Rehabilitation Counselor for the Blind, shall determine the type and
				  amount of initial stock to be purchased, consistent with the type of vending
				  facility specified in section
				  7211(a)(54) of these
				  regulations that the individual will operate.
(2) The individual's Vocational Rehabilitation
				  Counselor for the Blind shall determine whether the licensee is required to
				  financially participate in the cost of services (i.e., initial stock), consistent
				  with Sections 7190 through
				  7193 of these
				  regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.7 - Vending Facility Operations › Section 7220.7 - Vendor Incapacitated or Deceased

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a vendor
				  becomes incapacitated and is unable to operate his or her vending facility, or
				  supervise a manager at his or her vending facility, the Department may place the
				  facility into interim operation consistent with section
				  7215 of these regulations and select a
				  licensee or vendor to operate the interim vending facility for a period of six
				  months.
(1) The licensee or vendor selected to
				  operate the interim vending facility may operate the vending facility for an
				  additional six months, if the prognosis of the incapacitated vendor's illness is
				  still unknown.
(2) The Department shall
				  announce the vending facility as available to be operated on a permanent basis at
				  the end of a one-year period, unless there is written medical justification that
				  indicates the incapacitated vendor can resume responsibility for the vending
				  facility at a specific, and within a reasonable, period of time.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.9 - Vending Facility Trust Fund and Standards for Vending Machine Commissions › Section 7221 - Vending Facility Trust Fund and Set-Aside Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Vendors
				  operating a Business Enterprises Program for the Blind, hereafter BEP, vending
				  facility shall pay a set-aside fee into the Vending Facility Trust Fund.
(1) Payment of the set-aside fee shall be made
				  monthly based on the net proceeds, as defined in Welfare and Institutions Code
				  section
				  19629(d)
				  of the vending facility for the preceding month. The fees shall not exceed 6 percent
				  of the monthly gross sales, and the vendor may determine if he or she shall pay 6
				  percent of the monthly gross sales or use the BEP established set-aside fee schedule
				  that has been approved by the Rehabilitation Services Administration to determine
				  the set-aside fees to be paid. When using the set-aside schedule, the fees shall not
				  exceed 6 percent of the monthly gross sales.
(2) Payment of the set-aside fee shall be made to
				  the Department of Rehabilitation, Vending Facility Trust Fund, Accounting Section,
				  P.O. Box 944222, Sacramento, California, 94244-2220. Payment of the fee shall be
				  accompanied by the completed DR 478, Vendor's Monthly Operating Report (Rev. 06/16),
				  incorporated by reference herein. The income and expenses of each vending facility
				  shall be reported using a DR 478, Vendor's Monthly Operating Report (Rev.
				  06/16).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.9 - Vending Facility Trust Fund and Standards for Vending Machine Commissions › Section 7222 - Vendor Removal from the Assigned Location

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following shall apply to vendor removal when initiated by the Department:
(1) BEP shall immediately remove a vendor from
				  his/her assigned location, if that vendor's actions or the conditions of the
				  facility pose a significant risk to the health and safety of the public. Significant
				  risk means any condition, based upon inspection findings or other evidence,
				  including, but not limited to, unsafe food temperature, sewage contamination,
				  nonpotable water supply or an employee who is a carrier of a communicable condition,
				  that can cause:
(A) Food infection.
(B) Food intoxication.
(C) Disease transmission.
(D) Hazardous condition.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.9 - Vending Facility Trust Fund and Standards for Vending Machine Commissions › Section 7223 - Termination of an Operating Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The operating agreement may be terminated by BEP when the permit
					 is withdrawn, the vendor vacates the vending facility, or the vendor's license is
					 terminated or suspended. The vendor shall give the BEP at least forty-five days'
					 written notice of intent to terminate the operating agreement. The BEP may waive or
					 reduce this time requirement.
When the operating agreement is terminated the vendor shall
					 vacate the vending facility premises.
1. Renumbering of
					 former section 7226 to section
					 7223 and amendment of NOTE and
					 renumbering of former section
					 7223 to section
					 7213.1 filed 2-4-93; operative 3-8-93
					 (Register 93, No. 6).
Note: Authority cited: Sections
						19006,
						19016
						and
						19639,
						Welfare and Institutions Code. Reference: Sections
						19006,
						19016
						and
						19639,
						Welfare and Institutions Code; Randolph-Sheppard Act,
						20 USC
						107b(5); and
						34 CFR
						395.4.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 7.9 - Vending Facility Trust Fund and Standards for Vending Machine Commissions › Section 7224 - Disabled Employees of Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  encourage the vendor to employ more blind and disabled employees, a vendor may claim
				  the deduction from his or her set-aside charges as provided for in Section
				  7220(r) of these
				  regulations.
(b) A vendor shall notify
				  the Business Enterprises Program for the Blind, herein BEP, of any employment
				  opportunity in the vending facility in order that consumers of the Department may be
				  given preference. The vendor shall cooperate with the Department in employing and
				  training consumers of the Department. If the Department is unable to refer qualified
				  employees, the vendor may utilize other labor sources, giving preference to
				  individuals with disabilities.
1. Renumbering of
					 former section 7221 to section
					 7224 and amendment of NOTE and
					 renumbering of former section
					 7224 to section
					 7213.2 filed 2-4-93; operative 3-8-93
					 (Register 93, No. 6).
2. Repealer and new section and amendment of NOTE
					 filed 9-22-2009; operative upon the approval of the Secretary of the United States
					 Department of Education, in accordance with title 34, Code of Federal Regulations,
					 section 395.4(a) (Register
					 2009, No. 39).
3. Approved by the Secretary of the United States
					 Department of Education in accordance with section
					 395.4(a) of title 34
					 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to
					 section 7210(b)(2) of title 9
					 of the California Code of Regulations (Register 2010, No. 39).
Note: Authority cited: Sections
						19006,
						19016
						and
						19639,
						Welfare and Institutions Code. Reference: Randolph-Sheppard Act,
						20 USC Section
						107b(5);
						34 CFR Section
						395.4; and Sections
						19006,
						19016 and
						19639, Welfare and Institutions
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 8 - Standards for Collection of Vending Machine Income › Section 7225 - Vending Machine Commissions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Vending
				  machine commissions shall be collected and disbursed from vending machines located
				  on federal property as specified in 34 Code of Federal Regulations parts 395.8 and
				  395.32, unless the Business Enterprises Program for the Blind, herein BEP, has
				  entered into a contract with the organization operating the vending machines on
				  federal property.
(b) Commissions shall
				  be collected from vending machines located on all state property as follows:
(1) A commercial vending company operating vending
				  machines on state property, where there is a BEP vending facility, shall pay
				  commissions in accordance with a contract with the Department to BEP on a monthly
				  basis. All such commissions from these vending machines shall be paid to the BEP for
				  disbursement to the vendor. Vending machine commissions shall be reported by the
				  vendor on the DR 478, Vendor's Monthly Operating Report (Rev. 06/16), incorporated
				  by reference herein, when the commissions are received by the vendor.
(A) Vending machine income received, pursuant to
				  (b)(1) herein, must be forwarded to the appropriate vendor within 30 days of receipt
				  by the BEP.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 9 - State Committee of Blind Vendors › Section 7226 - Elections-General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A biennial
				  election of a committee of licensed blind vendors shall be conducted in odd-numbered
				  years by secret ballot.
(b) The
				  Committee shall be known as the California Vendors Policy Committee, hereafter
				  CVPC.
(c) The Committee shall be fully
				  representative of all blind licensees in the state program. District boundaries
				  shall be established by the CVPC to ensure that representation shall, at a minimum,
				  be one committee member for every 25 licensed vendors. Districts shall not vary more
				  than seven licensed vendors between the districts having the least number of
				  licensed vendors and the districts having the greatest number of licensed vendors.
				  When districts vary more than seven, district reapportionment shall be conducted by,
				  and require the majority vote of, the CVPC. Reapportionment shall not be conducted
				  until after January 1 of the even-numbered year and shall not be effective until the
				  General Election the following odd-numbered year.
(d) Only licensed blind persons operating a
				  facility on a non-interim basis may serve on the Committee or vote in any poll or
				  election authorized under this section. Such licensed blind persons shall be
				  entitled to one vote each.
(e) Elected
				  vendors shall be known as delegates to the Committee. The Committee shall consist of
				  and be limited to one delegate per district who has been duly elected by a plurality
				  vote of the licensed vendors within that district who are eligible to vote, as
				  specified in (d). Each delegate shall be entitled to one vote.
(1) A vendor who operates a vending facility that
				  has been combined or consolidated and consists of a primary site and one or more
				  satellite sites may only vote in the district where his or her primary site is
				  located and may only serve as a delegate representing the district where his or her
				  primary site is located.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 9 - State Committee of Blind Vendors › Section 7226.1 - General Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Nomination
				  letters specifying that nominations are open shall be mailed to each vendor
				  operating a facility on a non- interim basis no later than October 1 of each
				  odd-numbered year along with a nomination form and a pre-addressed return
				  envelope.
(b) A vendor may nominate him
				  or herself using the nomination form, but shall not nominate any other vendor in his
				  or her district. The nomination form shall be postmarked within 15 calendar days of
				  the date of the letter and received within five calendar days of the postmark to be
				  deemed timely received.
(c) Upon
				  receipt, the nomination forms shall be reviewed to ensure the timeliness of
				  submission and that the nominated vendor meets the requirements specified in
				  subdivisions (d), (e)(1), and (f) of Section
				  7226. A separate ballot shall then be
				  prepared for each district listing the qualified vendors who were nominated in that
				  district.
(d) Ballots shall be mailed,
				  return receipt requested no signature required, by November 1st of each odd-numbered
				  year to all vendors specified in Section
				  7226(d), along with
				  instructions for completing and mailing the ballot. Vendors shall be mailed only
				  that ballot which is specific to his or her district, a ballot envelope and a
				  pre-addressed mailing envelope. If a vendor does not receive his or her ballot by
				  November 7th, it is the vendor's responsibility to contact the Election Coordinator
				  and request a ballot.
(e) In order to
				  vote, the vendor shall do all of the following:
(1) Mark his/her ballot for one of the vendor
				  names on the ballot.
(2) Place the
				  unsigned ballot in the ballot envelope, seal and sign his/her name on the
				  envelope.
(3) Place the ballot envelope
				  in the pre-addressed mailing envelope and return. The mailing envelope shall be
				  postmarked by November 15th and received within 5 calendar days to be considered
				  timely received.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 9 - State Committee of Blind Vendors › Section 7226.2 - Special Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
				  delegate vacancy occurs, a special election shall be completed within 60 days of the
				  vacancy to determine the successor for the remainder of the term. A special election
				  shall be conducted, if any of the following situations occur:
(1) A delegate leaves the district from which he
				  or she was elected, as specified in Section
				  7226(f).
(2) A delegate resigns from office during his or
				  her term.
(3) A delegate, or his or her
				  alternate, fails to attend two regularly meetings per term. Regular meetings shall
				  consist of two one day sessions. Attendance means participation in both
				  days.
(4) Serious illness or death of a
				  delegate.
(5) No delegate nomination was
				  made.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 9 - State Committee of Blind Vendors › Section 7226.3 - Committee Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  committee shall:
(1) Participate in major
				  administrative decisions, and policy and program development.
(2) Receive and transmit grievances of vendors and
				  assist such vendors at their request.
(3) Participate in the development and
				  administration of a transfer and promotion system for vendors;
(4) Participate in developing training and
				  retraining programs;
(5) Sponsor
				  meetings and instructional conferences for vendors. The meetings shall be conducted
				  in accordance with Sections
				  11120 through
				  11131, of the
				  Government Code.
(6) Be allowed to
				  provide input regarding the adequacy of the BEP staffing levels prior to the
				  Director's annual review.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 9 - State Committee of Blind Vendors › Section 7226.4 - Committee Organization and Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  committee may establish by-laws consistent with the Federal and State law. The
				  by-laws may specify:
(1) The terms and conditions
				  pertaining to the election and function of vendor delegates.
(2) The organization and operation of the
				  committee and subcommittees including communication procedures.
(3) The role of the committee in initiating
				  matters for consideration by BEP.
(4)
				  That BEP shall have the ultimate responsibility and accountability for the
				  administration of the State vending facilities program.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 10 - Administrative Review and Full Evidentiary Hearing Procedures › Section 7227 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  Business Enterprises Program for the Blind, hereafter BEP, licensee or vendor, who
				  is dissatisfied with any action of the Department arising from licensing, selection
				  as a vendor, termination or suspension of a license or vendor operating agreement,
				  probation, or administration of the BEP shall have an opportunity for a prompt
				  informal administrative review by the supervisory staff of BEP and/or a full
				  evidentiary hearing before a hearing officer in accordance with the provisions of
				  Sections 7227.1 and
				  7227.2 of these regulations.
(b) The licensee or vendor may file for an
				  administrative review or may proceed directly to a full evidentiary
				  hearing.
(c) When requested by a
				  licensee or vendor, the California Vendors Policy Committee, hereafter CVPC, and
				  CVPC delegate, who represents the district where the vendor's primary facility is
				  located, shall:
(1) Assist in the preparation and
				  submission of a written request for review and/or hearing.
(2) Provide assistance in the administrative
				  review or full evidentiary hearing process.
(3) Intervene on behalf of the licensee or vendor
				  to negotiate with Department staff to resolve a complaint.
(4) Endeavor to achieve a fair and equitable
				  solution to the complaint.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 10 - Administrative Review and Full Evidentiary Hearing Procedures › Section 7227.1 - Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensees
				  or vendors who are dissatisfied with any action of the Department arising from
				  licensing, selection as a vendor, termination or suspension of a license or vendor
				  operating agreement, probation, or any other administrative action on the part of
				  the Department, may elect to participate in the administrative review process prior
				  to pursuing a full evidentiary hearing. Participating in an administrative review
				  will not affect the right of a licensee or vendor to request a full evidentiary
				  hearing. Licensees or vendors who elect to participate in the administrative review
				  process shall comply with the following requirements. All requests for
				  administrative review shall:
(1) Be made within 30
				  working days of the action or occurrence with which licensee or vendor is
				  dissatisfied.
(2) Be made in writing to
				  a Supervising Business Enterprise Consultant. Nothing shall prevent a licensee or
				  vendor from addressing a request to a higher level, but the Department retains the
				  right to remand the request back to a lower level.
(3) Include the following information:
(A) The reason for the request.
(B) The action the licensee or vendor wishes to
				  have taken.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 10 - Administrative Review and Full Evidentiary Hearing Procedures › Section 7227.2 - Full Evidentiary Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensees
				  or vendors who are dissatisfied with an action of the Department arising from
				  licensing, selection as a vendor, termination or suspension of a license or vendor
				  operating agreement, probation, or administration of the BEP may request a full
				  evidentiary hearing before a hearing officer. All requests for a full evidentiary
				  hearing shall:
(1) Be made within 30 working days
				  of the action with which the licensee or vendor is dissatisfied, or within the time
				  frame specified in Section
				  7227.1(e) of these
				  regulations, if the licensee or vendor elected to participate in the administrative
				  review process. In cases involving the suspension or termination of licensure or
				  probation, the date of the action shall be deemed to be two days after the date the
				  Department mails the written notice of proposed action specified in Section
				  7213.1 of these regulations.
(2) Be made in writing to the Department's Legal
				  Affairs Office.
(3) Be date stamped by
				  the Department's Legal Affairs Office upon receipt when the postmark is illegible or
				  the request is personally delivered.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 7 - Special Programs › Section 7260 - Social Security Disability Insurance, Supplemental Security Income Programs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article 14
				  (section 7260) filed 4-4-80; effective thirtieth
				  day thereafter (Register 80, No. 14).
2. Amendment filed 10-18-80;
				  effective thirtieth day thereafter (Register 80, No. 42).
3. Renumbering
				  of former article 14 (sections
				  7260-7265) to chapter 7 (sections
				  7260-7265) filed 6-21-90; operative
				  7-21-90 (Register 90, No. 35).
4. Repealer filed 1-14-92; operative
				  2-13-92 (Register 92, No. 13).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference:
					 45 CFR,
					 1361.110 et seq. and
					 45 CFR,
					 1361.120 et seq., and
					 42 USC
					 402,
					 422 and
					 1382(d).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 7 - Special Programs › Article 1 - College Level Training for the Deaf › Section 7261 - Definitions and Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this Article, the following definitions shall apply:
(1) "Coordinating Rehabilitation Counselor for the
				  Deaf or Coordinating RCD" means the individual responsible for the provision of
				  services to clients attending Gallaudet University, the National Technical Institute
				  for the Deaf (NTID), and the California State University, Northridge
				  (CSUN).
(2) "Coordinating Rehabilitation
				  Supervisor or Coordinating RS" means the individual who provides direct supervision
				  to the Coordinating RCD.
(3) "Deaf and
				  Hard of Hearing Services Section Program Manager" means the individual employed by
				  the Department to oversee the development and coordination of policy with respect to
				  programs for the deaf and hearing impaired which are administered through the Deaf
				  and Hard of Hearing Services Section.
(4) "Departmental Sponsorship" means the provision
				  of funding, in whole or in part for a deaf client's college level training
				  program.
(5) "Local/Sending
				  Rehabilitation Counselor for the Deaf or Local/Sending RCD" means the individual who
				  has determined a client's eligibility for college level training and is processing
				  the case for services and/or transfer to a Coordinating Rehabilitation Counselor for
				  the Deaf.
(6) "Local/Sending
				  Rehabilitation Supervisor or Local/Sending RS" means the individual who provides
				  direct supervision to the Local/Sending RCD.
(7) "Sponsorship Probation means a trial period in
				  which a client/student is permitted to correct any deficiency related to meeting the
				  requirements set forth in Section
				  7261.2(a)(1) through
				  (4).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 7 - Special Programs › Article 1 - College Level Training for the Deaf › Section 7261.2 - Client/Student Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each client
				  participating in college level training shall be subject to all requirements
				  specified below to remain in the program. The client shall:
(1) Maintain a minimum of 12 credit hours/units
				  per quarter/semester, whichever is appropriate to the college. Due to extenuating
				  circumstances such as a family problem, the Coordinating RCD may approve taking
				  fewer credit hours/units for that grading period in which the problem
				  occurred.
(2) Maintain a cumulative
				  grade point average of 2.0.
(3)
				  Communicate with his/her coordinating RCD on a regular basis as outlined and agreed
				  upon in the IWRP to discuss course progress and any major program changes.
(4) Provide his/her Coordinating RCD with grade
				  and progress reports as they are received from the college.
(5) Promptly correct any deficiency, if placed on
				  sponsorship probation.