Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to this chapter:
"Active licensee "
means a licensed vendor who
				is currently operating a vending facility in this state.
"Active participation "
means routine
				consultation with the committee of blind vendors on all matters affecting the
				business enterprises program. When Congress amended the Randolph-Sheppard Act
				in 1974 to include a requirement for a committee of blind vendors elected by
				the vendors themselves in every business enterprises program, congressional
				intent was to create a routine, ongoing method for the citizens involved in the
				vending program to participate in the decisions that affected their lives,
				given a long history of agency decision making that had excluded vendors. While
				Congress recognized that officials of state agencies are charged with the
				responsibility of making decisions. Congress wished to create a situation in
				which these officials routinely consult the persons whom these decisions
				affect. Thus, "active participation" consists of the manager of the business
				enterprises program and also the director of the entire agency making a
				conscious effort to include the committee routinely in policy decisions, in
				changes of policy, in decisions that will expand or contract the program, in
				allocation of funding, and in any other matter that will affect individual
				vendors or the program vendors or the program as a whole.
"Agreement"
means a written instrument entered
				into between the department and a vendor authorizing the vendor to operate a
				vending facility or facilities at a specific location and setting forth the
				respective responsibilities of the parties.
"Blind"
refers to the condition of an
				individual who, after examination by a physician skilled in diseases of the eye
				or by an optometrist, whichever the individual 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
			 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 to an angle of no
			 greater than 20 degrees.
"Blind licensee "
or
"licensee
				"
means a blind individual licensed by the department pursuant to
				these rules.
"Business enterprises program "
means all
				activities of the department relating to vending facilities on federal, state
				or other property.
"Committee "
means the state committee of
				blind vendors which actively participates in routine, ongoing policy making for
				the business enterprises program.
"Federal property"
means any building, land or
				other real property in this state which is owned, leased or occupied by any
				department, agency or instrumentality of the United States (including, but not
				limited to, the Department of Defense, the Department of Veterans Affairs and
				the United States Postal Service).
"Federal regulations "
means the rules
				established for Randolph-Sheppard Act programs by the U. S. Department of
				Education in 34 CFR 395 (as published in 1977).
"Food service "
means the goods and services
				customarily offered by restaurants, cafeterias, snack bars or vending machines
				for food or beverages.
"Inactive licensee "
means a licensee who is
				not currently operating a vending facility in this state.
"License "
means a written instrument issued
				by the department to a blind individual authorizing that individual to operate
				a vending facility on federal, state or other property.
"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 the operation of vending facilities operated by department
				licensees. "Management services" does not include services or costs which
				pertain to the ongoing operation of an individual facility after the initial
				establishment period.
"Net proceeds "
means the amount remaining
				from the sale of articles or services of vending facilities, and any vending
				machine or other income accruing to vendors after deducting the cost of the
				sale and other expenses.
"Other property"
means property which is not
				federal property on which vending facilities are established or operated by the
				department's business enterprises program.
"Permit"
means the official approval given to
				the department by a department, agency or instrumentality in control of the
				maintenance, operation and protection of federal or state property, or the
				person in control of other property whereby the department is authorized to
				establish a vending facility.
"Probation "
means a disciplinary action not
				to exceed one year during which an operator is again attempting to meet program
				requirements and standards.
"Provisional"
means a temporary arrangement
				for a first-time operator pending a permanent assignment to a facility.
"Public office building"
means the state
				capitol, county courthouses, city or town halls and all other buildings used
				primarily for governmental offices of the state, county, city or town. It does
				not include public schools or buildings at institutions of the state board of
				regents or the state department of human services. "Public office buildings"
				are included in the term "other property."
"Randolph-Sheppard Act"
means Public Law
				74-732, as amended by Public Law 83-565 and Public Law 93-516, 20 U.S.C.,
				Chapter 6A, Section 107.
"Suspension "
means a temporary cessation of
				all rights and privileges of a licensed operator pending disciplinary judgment
				as to whether an operator can or cannot comply with program standards and
				requirements.
"Vending facility"
means automatic vending
				machines, cafeterias, snack bars, cart service, shelters, counters or other
				appropriate auxiliary equipment operated by vendors licensed by the department
				which are used for the sale of newspapers, periodicals, confections, tobacco
				products, foods, beverages or other articles or services dispensed
				automatically or manually and prepared on or off the premises in accordance
				with applicable health laws, and includes the vending or exchange of charges
				for any lottery authorized by state law and conducted by a state agency.
"Vending machine"
means a coin- or
				currency-operated machine which dispenses articles or services. This does not
				include machines operated by the United States Postal Service for the sale of
				postage stamps or other postal products or services, machines providing
				services of a recreational nature, or telephones.
"Vending machine income"
means receipts (other
				than those of a licensed vendor) from vending machine operations on federal
				property, after deducting the cost 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, or commissions paid (other than to a licensed vendor) by
				a commercial vending concern which operates, services or maintains vending
				machines on federal property for, or with the approval of, a department, agency
				or instrumentality of the United States.
"Vendor"
means a blind individual licensed by
				the department who is operating a vending facility on federal, state or other
				property. (See "active licensee.")