reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.16 - License termination procedures

Current through Vol. 24-12, July 15, 2024
Rule 16. Before temporarily suspending or revoking a license,
				  the commission shall do all of the following in accordance with section 92 of
				  1969 PA 306, MCL 24.292:
(a) Issue a
				written notice stating the facts or conduct that warrants the license
				action.
(b) Provide an opportunity
				to show compliance, within 30 days, with licensing requirements.
(c) Issue a notice of hearing if, within 30
				days, there is a failure to show compliance with licensing requirements; and,
				in addition, insert in the notice the language "commencing
				proceedings."
(d) Cause an
				evidentiary hearing as prescribed in the Randolph-Sheppard act of 1936, as
				amended,
				20 U.S.C.
				§107 et seq. and the act.
(e) Consider the proposed decision rendered
				by the hearing officer.
(f) Issue a
				final decision as rendered by a majority of the commissioners voting. The final
				agency decision shall identify the effective date of the license
				action.
(g) Advise the licensee in
				writing within 72 business hours, if the final decision is to revoke or suspend
				a license, of his or her right to seek a remedy through an ad hoc arbitration
				panel as authorized by the provisions of
				34 C.F.R.
				§395.13 (July 1, 1981). The licensee
				shall then file a written request for an ad hoc arbitration, pursuant to §
				5 of the Randolph
-
Sheppard act of 1936, as amended.
(h) Advise the licensee in writing within 72
				business hours, that the decision of the ad hoc arbitration panel is final and
				binding on the parties, except that the decision is subject to appeal and
				judicial review as a final agency action for purposes of the provisions of the
				government organization and employees act,
				5 U.S.C.
				§101 et seq.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.17 - Commission responsibilities generally

Current through Vol. 24-12, July 15, 2024
Rule 17. The commission shall do all of the following:
(a) Furnish each licensee with a copy of
				these rules and a copy of the manual that describes the arrangements for
				providing services to the licensee.
(b) Provide financial information to
				licensees quarterly and on a fiscal year basis.
(c) Take adequate steps to inform each
				licensee of the provisions of these rules and the provisions of the permit and
				any agreement under which the licensee operates, including the licensee's
				rights and responsibilities as evidenced by the signed licensee's
				agreement.
(d) Periodically
				conduct, or cause to be conducted, a management review of a random sample of
				licensees.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.18 - Commission responsibilities; vending facility site; equipment

Current through Vol. 24-12, July 15, 2024
Rule 18. The commission shall do all of the following:
(a) Determine if a potential site is suitable
				for a vending facility. In a building where more than 1 vending facility
				exists, the commission may merge the facilities into a single vending facility.
				Facility merging may occur when 1 of the vending facilities is vacated and has
				not been awarded to another licensee after being on the bid line for 2 or more
				weeks. Under these circumstances, applicable additional licensee training
				requirements shall be waived for a period to be determined by the commission
				board, with the active participation of the committee. The commission shall
				determine, with the active participation of the committee, whether a potential
				location is suitable for operation as a vending facility or as a satellite. The
				criterion for determining if a potential location is suitable for operation as
				a vending facility is that the potential site's net annual income is expected
				to be 120% of the current federal minimum wage, based upon a
				40
-
hour workweek.
(b)
				List and assign priority to suggested renovations. All renovation or remodeling
				activities are subject to the availability of funds. The commission shall make
				all final renovation decisions with input from the committee.
(c) The commission shall determine the
				equipment needs of each vending facility and furnish each vending facility with
				adequate equipment suitable to the needs of the vending facility.
(d) Maintain, or cause to be maintained, all
				vending facility equipment in good repair and cosmetically appealing condition
				and replace, or cause to be replaced, worn-out or obsolete equipment as
				required to ensure the continued and successful operation of the facility.
(2) The commission may authorize the lease of
				equipment for a vending facility. The cost of the lease shall be paid from the
				proceeds of the facility. A vending facility agreement signed by the licensee
				shall constitute informed consent to lease equipment. By signing the agreement,
				the licensee consents to all terms and conditions of the lease and accepts
				responsibility for the lease.
(3)
				Only the commission may transfer equipment between licensees or facilities.
				Equipment shall only be used in the assigned vending facility.
(4) Bill identifiers or other personal
				equipment transfers with the licensee to whom the identifier or other personal
				equipment is assigned. When a licensee leaves the program, the bill identifier
				or other personal equipment reverts to the commission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.19 - Right and title to interest in equipment

Current through Vol. 24-12, July 15, 2024
Rule 19. The title to the equipment in each vending facility
				  shall be and shall remain in the name of the state of Michigan, except that
				  equipment that is determined to not be needed in the vending facility program
				  may be reassigned to blind individuals in the vocational rehabilitation program
				  with an individualized plan for employment with a goal of independent business.
				  Title to the reassigned equipment shall then be determined according to the
				  procedures set forth in the independent business programs of the
				  commission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.20 - Vending machine income; disbursement; use

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) Income
				from vending machines on federal properties that is not assigned to a licensee
				may be used for the establishment and maintenance of retirement or pension
				plans, for health insurance contributions, and for paid sick leave and vacation
				time for licensees in the state program, if determined by a majority vote of
				the licensees. Vending machine income from federal properties that is not
				necessary for the purposes of this subrule shall be placed in the set-aside
				funds and designated as unassigned vending machine income.
(2) Upon receiving supporting documentation
				of a loss, income from unassigned vending machines on state and other
				properties may be utilized for the purpose of insuring a licensee's loss in
				merchandise due to theft or equipment failure. Vending machine income from
				state and other properties that is not necessary to insure a licensee's loss
				shall be placed in the set-aside fund and designated as unassigned vending
				machine income.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.21 - Promotional agent; role; duties

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) The
				promotional agent is the commission's representative to the vending facility
				licensees. A promotional agent fulfills a supervisory role in the program. A
				promotional agent shall do all of the following:
(a) Assign equipment to the stand.
(b) Monitor the licensee to ensure compliance
				with employer responsibilities.
(c)
				Monitor compliance with applicable commission rules.
(d) Assist a licensee in running a clean and
				efficient business and in complying with all of the following provisions:
(i) Meeting state standards.
(ii) Being profitable and well
				managed.
(iii) Meeting the
				established profit expectations of the business.
(iv) Providing high-quality customer
				service.
(v) Conforming to the
				terms and conditions of the permit.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.22 - Initial vending facility inventory

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) The
				commission shall do all of the following:
(a)
				Furnish the licensed vending facility with an initial 2-week merchandise
				inventory in an amount that is determined in consultation with the vending
				facility licensee. The vending facility licensee shall sell only the types of
				items stated in the permit with the building grantor and in the licensee's
				agreement with the commission.
(b)
				Use the estimated, or actual if available, purchase costs for a 1-year business
				cycle divided by 26 for determining the initial 2-week merchandise inventory.
				The administrator may authorize deviations from the formula if the deviation
				does not violate other provisions of these rules. Fully documented requests for
				deviation from the formula shall be submitted to the administrator in writing
				for approval.
(c) Include the
				initial itemized inventory as a part of the vending facility agreement form.
				The assigned inventory value shall be recorded on the vending facility
				inventory record. The total amount of the assigned inventory value shall be
				recorded on the vending facility agreement.
(d) Annually adjust the inventory amount
				based upon the wholesale food price index as published by the U. S. department
				of labor bureau of labor statistics.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.23 - Ending inventory

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) When a
				licensee leaves a facility, an ending inventory shall be taken jointly by the
				outgoing licensee, the incoming licensee, and the commission. The beginning
				inventory, including expansion, if applicable, and the ending inventory amounts
				shall be compared.
(2) If the
				initial merchandise inventory is too low, based upon the formula in
				R
				393.22(1)(b), then an inventory
				adjustment shall be made by the commission. The commission shall reimburse the
				outgoing licensee for the difference, and the new beginning inventory amount
				shall be entered on the incoming licensee's inventory record and vending
				facility agreement.
(3) If the
				ending inventory amount is more than the beginning inventory amount, then there
				is an overage. The overage represents accrued earnings of the outgoing
				licensee. The outgoing licensee shall pay set-aside fees on the full amount of
				overage. The disposition of an overage is the responsibility of the outgoing
				licensee.
(4) If the ending
				inventory is less than the beginning inventory, then a shortage exists. If a
				shortage exists when the inventory is taken, then the outgoing licensee shall
				reimburse the commission immediately. If a licensee cannot reimburse the
				commission within 24 hours, then license revocation proceedings shall be
				initiated as described in
				R
				393.16. As of the effective date of this rule, a
				repayment agreement shall not be created, without exception.
(5) When a licensee leaves a facility that
				has vending machines, a catalog of spare parts shall be created jointly by the
				outgoing licensee, the incoming licensee, and the commission. If the ending
				catalog of spare parts is missing parts as compared to the beginning inventory,
				as detailed in
				R 393.32(1), then the
				outgoing licensee shall replenish the spare parts inventory within 24
				hours.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.25 - Licensee insurance requirements

Current through Vol. 24-12, July 15, 2024
Rule 25. A licensee shall do both of the following:
(a) Obtain general comprehensive liability
				insurance. A licensee shall comply with the general comprehensive liability
				insurance requirement by satisfying either of the following provisions:
(i) Purchasing a policy independently and
				providing the commission with a certificate of insurance showing the dates of
				coverage. The commission shall be named on the certificate of insurance to
				assure its notification if coverage is cancelled or lapses.
(ii) Purchasing liability insurance through
				the commission. Rates are dependent upon gross sales. A licensee shall be
				notified annually of his or her specific multiplier, as established by the
				commission board, with the active participation of the committee, used to
				calculate the monthly payment. Payment shall be made on a monthly basis and
				recorded on the monthly vending facility report.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.26 - Licensee health and safety obligations

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) A
				licensee shall operate a vending facility pursuant to all applicable health and
				safety laws and rules.
(2) A
				licensee shall apply for and hold all health licenses. Fees for health licenses
				are considered to be a business expense and are the responsibility of the
				licensee. A licensee shall submit, within 10 calendar days of receipt, all
				periodic health inspection reports to the commission. Where correction of the
				violation is within the purview of the licensee, the licensee shall act
				immediately to correct a violation.
(3) Failure to comply with the corrective
				action for a non-critical violation is grounds for commencement of license
				revocation proceedings. A non-critical violation is identified and defined by
				part 129 of 1978 PA 368.
(4)
				Failure to comply with the corrective action for a critical violation is
				grounds for immediate and summary license suspension. A critical violation is
				identified and defined by part 129 of 1978 PA 368.
(5) Where correction of the violation is
				beyond the purview of the licensee, the commission shall make the correction
				pursuant to the inspection report.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.27 - Licensee reporting requirements

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) A
				licensee shall furnish reports as the commission may require
				periodically.
(2) A licensee shall
				complete the commission's standard monthly vending facility report. Business
				expenses, taxes paid, profit, and financial operations are major components of
				the report. The report shall be an accurate and true report.
(3) A licensee shall submit the monthly
				report data to the department's administrative entity. Reports shall be time
				and date stamped by the fifteenth day of the month following the period covered
				by the report.
(4) If a report
				associated with a set-aside payment is delinquent, then the reporting licensee
				is not eligible for promotion until 30 days after the time and date stamp of
				the delinquent report. If a set-aside fee payment is delinquent, then the
				reporting licensee is not eligible for promotion until 30 days after the post
				mark date of the delinquent set-aside fee and a penalty of 50% of the monthly
				set-aside fee owed shall be assessed and paid with the next monthly
				report.
(5) If a payment for a
				repayment agreement, made before the effective date of these rules, is
				delinquent, then the reporting licensee is not eligible for promotion until 30
				days after the time and date stamp of the delinquent payment.
(6) Receipt of a nonsufficient funds check in
				payment shall be treated in the same manner as a delinquent payment. A penalty
				of 50% of the monthly set-aside fee owed shall be assessed and paid with the
				next monthly report.
(7) The
				completion of the monthly report and the payment of the set-aside fees are the
				sole responsibilities of the licensee.
(8) A licensee shall make payment of the
				set-aside fee by the due date. Set-aside fee payments shall be post marked by
				the twenty-fifth day of the month following the period covered by the
				associated report. The set-aside fee payment is a payment due the commission.
				The commission shall not accept partial payment for past due set-aside fee
				payments, liability insurance payments, or for repayment agreements that have
				been grandfathered in under subrule (4) of this rule.
(9) Failure to submit 2 or more reports or
				payments during a 12-month period shall result in commencement of license
				revocation proceedings.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.28 - Licensee fees

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) A
				uniform set-aside fee based upon net proceeds shall be paid by each vending
				facility licensee. The fee shall be fixed by the commission with the active
				participation of the committee. The fee shall be designed to prevent, so far as
				practicable, a greater charge for any purpose than is reasonably required, with
				allowance for reserves. Any changes in the set-aside fees shall be submitted to
				the commissioner of the United States rehabilitation services administration
				for prior approval and shall be embodied in the written agreement with the
				licensee. The fees are to be credited to a vending facility's set-aside for the
				following purposes only:
(a) Maintenance and
				replacement of equipment.
(b) The
				purchase of new equipment.
(c)
				Management services.
(d) The
				establishment and maintenance of retirement or pension funds and health
				insurance contributions and providing for paid sick leave and vacation time, if
				so determined by a majority vote of the licensees licensed by the
				commission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.29 - Licensee inventory obligations

Current through Vol. 24-12, July 15, 2024
Rule 29. A licensee shall take an inventory by December 31 of
				  each year in accordance with commission policy. The inventory shall include all
				  of the following information:
(a) Item
				description.
(b)
				Quantity.
(c) Unit cost (wholesale
				cost).
(d) Unit cost times quantity
				(total of money assigned to the item).
(e) Total value of complete inventory. It is
				the licensee's responsibility to assign a unit cost to each item and to extend
				the inventory to determine the value of the entire inventory for that
				particular facility.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.30 - Licensee profit expectation

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1) A
				licensee shall maintain the profit expectations established in this rule. A
				licensee's profit level is calculated based upon a period of 3 consecutive
				months. Licensee profit expectations are as follows:
(a) Dry stand
-
11% profit
				expectation.
(b) Snack bar
-
25% profit expectation.
(c) Vending machines as follows:
(i) 30% profit expectation for
				state
-
owned and nonleased equipment locations.
(ii) 25% profit expectation for leased
				equipment locations. Profit expectation for leased equipment locations is
				calculated by the following formula: The sum of net proceeds plus leased
				equipment costs, divided by total sales for the month.
(d) Cafeteria - 11% profit
				expectation.
(e) Combined
				cafeteria/snack bar - 17% profit expectation.
(f) Vending machine routes as follows:
(i) Nonhighway vending route - 25% profit
				expectation.
(ii) Highway vending
				route - 30% profit expectation.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.31 - Licensee equipment responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) A
				request for equipment shall be submitted to the promotional agent in writing.
				Equipment purchased by a licensee without the prior written approval of the
				promotional agent shall neither be reimbursed by the commission nor allowed to
				remain in the facility. All nonapproved equipment shall be removed.
(2) A licensee may purchase small equipment
				items without prior approval. Small equipment items are items that may be
				purchased at a dollar value to be determined by the commission board with the
				active participation of the committee. Equipment shall be pertinent to the
				kinds of products sold and the type of facility to which the equipment is
				assigned. Licensee reimbursement for the cost of equipment is optional at the
				discretion of the promotional agent. Original invoices for the purchases shall
				be submitted to the promotional agent for reimbursement.
(3) A licensee may purchase items that cost
				less than $500.00 only with the prior written approval of the promotional
				agent. For items that cost between $100.00 and $500.00, a licensee shall also
				secure 3 bids and submit written documentation, including the time of the bid,
				the date of the bid, the company bidding on the equipment, and the cost, to the
				promotional agent. A licensee who fails to provide written documentation of 3
				bids shall not be reimbursed for the equipment.
(4) An individual piece of equipment that
				costs more than $500.00 shall be authorized by the promotional agent for
				purchase through the state purchasing system. Reimbursement shall not be made
				for items that cost more than $500.00.
(5) The equipment invoice shall be promptly
				submitted to the promotional agent for reimbursement. The invoice shall be the
				original, be legible, and contain all of the following:
(a) The signature of the licensee.
(b) The equipment company's federal employer
				identification number.
(c) The date
				of delivery.
(d) The invoice
				number.
(e) The name and address of
				equipment company.
(f) An itemized
				list of charges, total amount paid, and total amount due.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.32 - Licensee responsibility regarding equipment repairs

Current through Vol. 24-12, July 15, 2024
Rule 32. Repairs are effected as follows:
(a) A licensee shall make a personal effort
				to make repairs. The commission shall supply appropriate spare parts, including
				1 coin mechanism of each type necessary to operate the facility and 1 set of
				clean tubes and chutes for each machine type at a vending facility. A spare
				bill transport shall be provided for each vending facility that has a bill
				changer. Other spare parts shall be provided as determined necessary by the
				commission.
(b) If a licensee is
				unable to make a repair, he or she shall immediately contact a repair company,
				specializing in the types of repairs needed, to make the repair.
(c) A licensee shall make the necessary
				arrangements to meet repair personnel.
(d) A licensee shall obtain an estimate of
				the repair cost. If repairs cost more than an amount determined by the
				commission board, with the active participation of the committee, then the
				licensee shall contact the promotional agent for prior authorization. If a
				promotional agent is not available, then the licensee shall contact the
				commission for approval before effecting the repair. If commission staff is
				unavailable for 36 hours from the first attempted contact by the licensee, then
				the licensee may authorize the repair up to $500.00.
(e) A licensee shall pay the repair company
				the repair deductible amount (refer to
				R
				393.33(2)) or the entire repair cost
				immediately upon repair pursuant to the credit policies of the repair
				company.
(f) The bill for completed
				work shall be promptly submitted to the promotional agent for payment. The
				invoice shall be the original, be legible, and contain all of the following:
(i) The signatures of both the repair company
				representative and the licensee.
(ii) The company's federal employer
				identification number or, if a private person, the private person's social
				security number.
(iii) The
				department equipment tag number.
(iv) The date of repair.
(v) The invoice number.
(vi) The name and address of the repair
				company.
(vii) An itemized list of
				charges, total amount paid, and total amount due.
(viii) A notation specifying if the payment
				is to be made to the licensee or to the vendor.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.33 - Licensee repair deductible

Current through Vol. 24-12, July 15, 2024
Rule 33.
(1) A
				licensee shall pay a repair deductible on each equipment repair.
(2) The repair deductible is calculated by
				multiplying the previous year's actual or, for locations where documentation is
				incomplete, estimated gross sales by a factor established by the commission
				board, with the active participation of the committee. For new locations, an
				estimate of gross sales is used.
(3) Repair deductibles are applied only to
				labor and travel charges. Parts are not subject to the repair deductible. The
				repair deductible does not apply during the first 30 days after a licensee
				transfers facilities. A licensee repair deductible does not apply to equipment
				transferred into the facility for the first 30 days after transfer. For new
				licensees, deductibles do not apply for the first 60 days.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.34 - Licensee health insurance

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1) A
				licensee may deduct an amount from set
-
aside fees due to offset
				the cost of health insurance. A licensee shall submit proof of coverage with
				each monthly vending facility report. The amount of the health insurance
				deductible shall be annually recommended by the committee and shall be approved
				by the commission board. The determination of the deductible shall be based on
				a budget analysis to determine if the deduction will continue.
(2) If set
-
aside funds are
				insufficient to continue the deduction as a licensee benefit, then the
				deduction may be discontinued or altered by the commission based on a
				recommendation of the committee with the approval of the commission board or
				upon staff recommendation.
(3) The
				health insurance deductible shall be used for a licensee's expenses for health
				insurance. Proof of payment shall be submitted each month showing the coverage
				period, carrier, and type of insurance (family or single). Deductions shall not
				be more than the actual amount paid for the licensee's portion of health
				insurance coverage.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.35 - Leave of absence, generally

Current through Vol. 24-12, July 15, 2024
Rule 35.
(1) This
				rule applies to all leaves of absence.
(2) To take a leave of absence, an operator
				shall first apply in writing to the administrator for the leave of absence. The
				leave of absence request shall include the reason(s) the request is being made.
				The administrator shall approve or deny the request in writing, identifying the
				applicable rule and subrule(s) for granting or denying the leave of
				absence.
(3) If a licensee is to be
				absent from his or her vending facility for more than 14 days but less than 30
				days (short
-
term absence), then he or she shall leave a message at
				his or her promotional agent's office to request an absence. A vending facility
				shall be operated in accordance with the hours of operation identified in the
				vending facility agreement. Operator absence from a vending facility does not
				justify closure of the facility. A vending facility shall be reserved for the
				same licensee upon the licensee's return from an approved
				short
-
term absence only.
(4) If a licensee is to be absent from his or
				her vending facility for 30 days or more, then he or she shall do all of the
				following, as applicable:
(a) Notify his or
				her promotional agent by telephone and in writing.
(b) Give his or her promotional agent a
				written plan by which his or her vending facility is to be operated and
				maintained pursuant to program rules and regulations during his or her
				absence.
(c) If an absence is due
				to illness or injury, then the licensee shall provide his or her promotional
				agent with a physician's statement. If absence extends beyond the time stated
				in the initial physician's statement, then the promotional agent shall request
				further updates, as needed. The initial physician's statement and subsequent
				statement shall be treated in a confidential manner. The commission may request
				a second opinion at its own expense.
(d) A licensee shall not be absent from his
				or her vending facility for more than 60 consecutive calendar days during 1
				calendar year, unless otherwise stated in these rules.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.36 - Maternity, paternity, or adoption leave of absence

Current through Vol. 24-12, July 15, 2024
Rule 36. A licensee may take a leave of absence for
				  maternity, paternity, or adoption reasons. A maternity, paternity, or adoption
				  leave of absence shall commence not more than 3 months before the expected
				  delivery or adoption date and shall last for not more than 6 months after
				  delivery or adoption.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.37 - Illness or injury leave of absence

Current through Vol. 24-12, July 15, 2024
Rule 37.
(1) A
				licensee may take a leave of absence for reasons of illness or injury pursuant
				to this rule.
(2) A medical leave
				of absence is normally granted for up to 6 months. An extension may be granted
				for an additional 6 months. Normally, a leave if absence for illness or injury
				shall not exceed 12 months in total.
(3) Physicians' reports shall be requested by
				the commission. The reports shall be used to ensure that the licensee on leave
				is using the leave for illness or injury. A physician's report shall be treated
				as confidential.
(4) A licensee who
				returns from extended sick leave shall submit a medically documented statement
				certifying that the licensee is able to return to work. On the basis of the
				certification, the licensee shall begin active bidding, subject to the same
				bidding procedure as potential licensees.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.38 - Educational leave of absence

Current through Vol. 24-12, July 15, 2024
Rule 38. A licensee may take a leave of absence for
				  educational reasons. An educational leave of absence may be granted for up to 5
				  years under the following conditions:
(a) The licensee shall have worked
				continuously in the program for a minimum of 3 years.
(b) While on educational leave, the licensee
				shall maintain full
-
time student status pursuant to the policies
				of the institution.
(c) When
				returning to active status in the program, the licensee shall provide
				confirmation of full
-
time student status during the time of his or
				her absence.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.39 - Other leaves of absence

Current through Vol. 24-12, July 15, 2024
Rule 39. Up to 1-year leave of absence may be granted to a
				  licensee under the following conditions:
(a) The licensee shall have been continuously
				active in the program for a minimum of 3 years.
(b) The licensee may not bid on another
				facility until his or her leave time, added to his or her time in the previous
				vending facility, equals 6 months from the date that he or she took over his or
				her last vending facility.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.40 - Leave of absence for self-employment

Current through Vol. 24-12, July 15, 2024
Rule 40.
(1) A leave
				of absence may be granted to a licensee to provide an opportunity for
				self-employment outside the program. The leave shall not be for more than 5
				years.
(2) A licensee who has 3 or
				more years of seniority may apply for a self-employment leave of absence. A
				request for a self-employment leave of absence shall be in writing and
				submitted to the program administrator not less than 60 calendar days in
				advance of the expected leave date.
(3) A committee that consists of the program
				administrator, the committee chair, and the subcommittee on promotion and
				seniority chair shall have 15 working days to approve or deny the request in
				writing, identifying the applicable rule and subrule or subrules for granting
				or denying the self-employment leave of absence. The applicant for a
				self-employment leave of absence shall meet the criteria described in subrules
				(1), (2), (6), and (7) of this rule. The committee shall also determine the
				eligibility of a person who returns to the program under the leave of absence
				policy as specified in this rule.
(4) State retirement credit shall resume
				pursuant to the rules and regulations of the state retirement system when a
				licensee reenters the program.
(5)
				A licensee who takes a self-employment leave of absence shall be responsible
				for obtaining information regarding his or her retirement status and benefits.
				The commission is not responsible for obtaining the information.
(6) A request for a self-employment leave of
				absence shall include evidence that self-employment outside the program is
				expected. Evidence may include any of the following:
(a) The filing of papers for an assumed
				business name.
(b) Approved
				franchise papers.
(c) New business
				purchase agreement.
(d) Vending
				facility of business.
(e) A loan
				agreement.
(f) Permit or
				licenses.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.41 - Maintaining leave of absence status

Current through Vol. 24-12, July 15, 2024
Rule 41. If, at any time during a leave of absence granted
				  under
				  R
				  393.35,
				  R 393.36,
				  R
				  393.37,
				  R
				  393.38,
				  R
				  393.39 and
				  R
				  393.40, evidence is brought to the attention of the
				  administrator that an individual has not met any of the criteria described in
				  subdivision (a), (b), and (c) of this subrule, then the individual may return
				  to the program only as a potential licensee who does not have program
				  seniority:
(a) A licensee shall pay
				all set
-
aside and insurance fees before the due date of the month
				following the month in which the leave was given.
(b) A licensee shall pay any other monies due
				to the program within 30 days of written administrator notification to the
				licensee of the obligation.
(c) A
				licensee shall pay all wholesalers and suppliers who supplied goods and
				services at a program vending facility in full pursuant to any agreement made
				between the licensee and the supplier.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.42 - Return from leave of absence

Current through Vol. 24-12, July 15, 2024
Rule 42.
(1) A
				vending facility that a licensee left for a long-term leave of absence shall
				not be reserved for the same licensee upon reentry into the program.
(2) To return to active status after a leave
				of absence, a licensee is responsible for meeting all program requirements
				added since the leave of absence commenced.
(3) A licensee may reenter the program by
				bidding on any available locations as they become available for bid.
(4) A licensee reentering the program bids as
				a licensee with the amount of seniority accrued at the time the leave of
				absence commenced, but does not gain additional seniority during the time of
				bidding. The last evaluation given to a licensee before taking a leave of
				absence shall be used in awarding a returning licensee a new vending facility.
				The leave of absence is not terminated until the licensee signs a vending
				facility agreement.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.43 - Satellite sites

Current through Vol. 24-12, July 15, 2024
Rule 43.
(1) If a
				potential concession is not expected to return to the licensee at least 120% of
				the applicable current federal minimum wage based on a 1-year business cycle,
				then a satellite site may be established. A determination to establish a
				satellite site shall be made by the commission with input from the locations
				subcommittee of the committee.
(2)
				If a concession or a potential concession does not meet the requirements stated
				in subrule (1) of this rule, the concession or potential concession may become
				a satellite of an existing concession. The satellite shall be in the immediate
				vicinity of the existing concession. This subrule does not apply when a
				potential satellite is part of an existing facility as defined in 20 C.F.R.
				§395.1(h)(A).
(3) A satellite
				shall not be established unless the state licensing agency determines that the
				facility will produce revenues in excess of costs. A value shall be assigned to
				all unpaid labor based upon the prevailing wage rate for people in the
				community doing the same or similar work, which shall be determined from
				information provided by the Michigan unemployment agency. A licensee shall
				produce an acceptable written plan that shall include all of the following
				information:
(a) The number of additional
				employees.
(b) The amount of
				storage space.
(c) The level of
				service to be provided to customers (visits per day).
(d) The means to be utilized for transporting
				stock, for example, hand cart, car, or van.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 394.44 - Licensee assistance and training generally

Current through Vol. 24-12, July 15, 2024
Rule 44.
(1) To
				ensure the maximum financial return and that employment opportunities for
				successive blind persons are preserved, a licensee shall receive reasonable
				systematic assistance and in-service training in all of the following areas:
(a) The keeping of accounts.
(b) The selection and purchase of suitable
				merchandise.
(c) The maintenance of
				a clean and attractive vending facility.
(d) The proper cleaning, maintenance, and
				sanitation of equipment.
(e) The
				utilization of sound business practices and methods.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.45 - Vending facility training for existing cafeteria licensees

Current through Vol. 24-12, July 15, 2024
Rule 45. To be awarded a vending facility, an existing
				  cafeteria licensee who has not completed classroom and on-the-job snack bar and
				  vending training, shall complete the following training:
(a) One week of classroom training, including
				both of the following:
(i) Two days of
				training regarding the Randolph-Sheppard act of 1936, P.L. 74-732, as amended
				by P.L. 83-565 and P.L. 93-516 (
				20 U.S.C.
				§107 et seq.), the act, and rules
				promulgated under the act.
(ii)
				Equipment certification on all program equipment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.46 - Cafeteria training for licensees

Current through Vol. 24-12, July 15, 2024
Rule 46.
(1) Under
				the Randolph-Sheppard act of 1936, as amended, as specified in
				20 U.S.C.
				§107 et seq., a licensee is eligible for
				upward mobility training. Training a vending facility licensee to become a
				cafeteria facility licensee is appropriate upward mobility training. An
				individual plan for employment is developed for a client who participates in
				upward mobility training.
(2) Entry
				into the program as a cafeteria vending facility licensee requires
				college-level academic competencies and on-the-job training, as determined by
				the commission board with the active participation of the committee, and as
				published in the program operating manual. For a licensee who is managing a
				vending facility, a portion of the college-level academic competencies and
				cafeteria on-the-job training, as determined by the commission board with the
				active participation of the committee, is required. The remaining portion of
				the college-level academic competencies as determined by the commission board
				with the active participation of the committee shall be completed by the
				licensee within a time period specified by the commission board with the active
				participation of the committee.
(3)
				College-level competencies may be obtained at institutions of higher education
				offering programs in food service or motel and hotel management.
(4) If a licensee who is managing a vending
				facility applies to become a cafeteria vending facility licensee, then the
				licensee shall first be referred to the cafeteria promotional agent for a
				successful interview before referral to the vocational rehabilitation program
				for the case file to be reopened.
(5) If a candidate is considered to be not
				appropriate to become a cafeteria vending facility licensee by the promotional
				agent, then the candidate shall be referred to the vocational rehabilitation
				counselor for alternative services. A candidate shall not be admitted to the
				program without a satisfactory interview.
(6) It is the responsibility of the licensee
				to do all of the following:
(a) Provide the
				program administrator with a grade report within 30 days of completion of the
				academic period.
(b) Maintain a 2.0
				grade point average over the entire academic career.
(c) Complete all classes during the academic
				period.
(d) Fully utilize recording
				services and volunteer reader services.
(e) Apply for financial assistance each
				academic year.
(f) Complete the
				remaining requirements of the college-level academic competencies.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.47 - Licensee promotions and demotions

Current through Vol. 24-12, July 15, 2024
Rule 47.
(1) The bid
				process is governed by this rule. A licensee may be promoted to another, or a
				more profitable, vending facility when a vending facility becomes available. To
				be promoted, a licensee shall bid on the facility, be willing to relocate, and
				be qualified. All of the following shall be included as licensee qualification
				factors:
(a) Certification to operate the
				specific type of facility.
(b)
				Evaluation of past performance.
(c)
				Participation in the in
-
service training programs.
(d) Seniority.
(e) Compliance with all program rules and
				regulations. When all factors are equal, seniority shall prevail. Promotion
				procedures shall be uniformly applied and developed with the active
				participation of the committee.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.48 - Bid process generally

Current through Vol. 24-12, July 15, 2024
Rule 48.
(1) The
				commission shall announce available locations on a bid line, which shall be
				routinely updated.
(2) A licensee
				shall learn of available locations by calling the bid line.
(3) A licensee may place a bid by calling the
				established line to record his or her bid on a vending facility.
(4) The administrator awards the vending
				facility to the licensee under the criteria established in these
				rules.
(5) A licensee shall accept
				the vending facility both verbally and in writing.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.49 - Bid line

Current through Vol. 24-12, July 15, 2024
Rule 49.
(1) A
				message of available locations shall be placed on the bid line on the same day
				each week unless extenuating circumstances exist. The message announcement
				shall include all of the following information:
(a) The vending facility number. A potential
				licensee shall use the number when bidding on the facility.
(b) The geographic location of the facility
				(building/city).
(c) The facility
				type.
(d) The estimated gross
				sales.
(e) The name of contact
				person.
(f) The estimated date of
				availability.