reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Training and Licensing of Operators › Section 426.115 - Reports required for issuance of license

Current through June 11, 2024
The Bureau may issue to a person who is blind a license to operate a vending facility if the following documents have been submitted to the Bureau by or on behalf of the person:
1. A report of an ophthalmological or optometric examination which establishes that the person is legally blind. The report must have been obtained within 1 year before the proposed date for issuance of the license or must confirm the existence of permanent legal blindness regardless of the date of the report.
2. A report of a general medical examination which establishes that the person is physically capable of performing the duties required of an operator. The report must have been obtained within 1 year before the proposed date for issuance of the license.
3. A report of a psychological examination which establishes that the person is mentally and emotionally capable of performing the duties required of an operator. The report must have been obtained within 1 year before the proposed date for issuance of the license.
4. A report which establishes that the person is capable with regard to spatial orientation and mobility.
5. Proof of citizenship in the United States by submission of a birth certificate or certificate of naturalization.
6. A certificate by an authorized employee of the Bureau that the person has successfully completed the training required by the Bureau. Copies of the applicant's reports of progress which were issued during such training must be attached to the certificate.
Bur. of Services to the Blind, § 11, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Training and Licensing of Operators › Section 426.120 - Duration of license

Current through June 11, 2024
A license to operate a vending facility is effective for an indefinite period, unless the license is terminated, suspended or revoked.
Bur. of Services to the Blind, § 12, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Training and Licensing of Operators › Section 426.123 - Bureau may require certain persons to complete continuing education or training or to receive counseling or vocational rehabilitation

Current through June 11, 2024
1. The Bureau may require a person who is licensed to operate a vending facility and who has not operated a vending facility within the previous year to complete a course of continuing education or training, or to receive counseling or vocational rehabilitation, as prescribed by the Bureau.
2. If the Bureau determines that an operator is not properly operating or managing his or her vending facility, the Bureau may require the operator to complete a course of continuing education or training, or to receive counseling or vocational rehabilitation, as prescribed by the Bureau.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Training and Licensing of Operators › Section 426.135 - Termination of license

Current through June 11, 2024
1. A license to operate a vending facility automatically terminates if the licensee:
(a) Ceases to be a citizen of the United States;
(b) Ceases to be a person who is blind; or
(c) Surrenders his or her license to the Bureau.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Training and Licensing of Operators › Section 426.140 - Grounds for suspension or revocation of license

Current through June 11, 2024
1. Each of the following acts by an operator constitutes a ground for suspension or revocation of his or her license:
(a) Abandonment of a vending facility. A vending facility shall be deemed to be abandoned if the operator has been absent from the vending facility without the authorization of the Bureau and the facility has been closed for 3 consecutive working days or more.
(b) Failure to operate a vending facility in accordance with:
(1) Any applicable law or regulation;
(2) The operating agreement; or
(3) The permit given by the public agency or private person who has control of the premises where the vending facility is located.
(c) Failure to maintain the equipment that is located at the operator's vending facility in good condition.
(d) Misconduct, including, without limitation:
(1) Fraud, misappropriation or conversion.
(2) Use of alcoholic beverages or illicit drugs while on duty.
(3) Embezzlement.
(4) Submission of a false report to the Bureau.
(5) Failure to submit to a medical, psychological, ophthalmological or other examination when requested to do so by the Bureau. The Bureau will pay for the cost of such an examination.
(6) Other behavior that seriously jeopardizes the operation of the vending facility.
(e) Failure to pay obligations incurred in the operation of the vending facility when payments on those obligations are due.
(f) Failure to pay to the Bureau when due the money that the operator is required to pay pursuant to NAC 426.230 or 426.235.
(g) Failure to obtain the insurance required by the operating agreement, or to pay the insurance premiums when they become due.
(h) Failure to be actively involved in the operation of the vending facility pursuant to NAC 426.395.
(i) Failure to maintain the records of the business operations of the vending facility that the operator is required to maintain pursuant to NAC 426.250.
(j) Refusal to permit the inspection, review or audit of the records of the business operations of the vending facility by authorized representatives of the Bureau.
(k) Failure or refusal to comply with the requirements of continuing education or training, or to receive counseling or vocational rehabilitation pursuant to NAC 426.123.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Training and Licensing of Operators › Section 426.145 - Procedure for suspension or revocation of license; procedure for suspension or termination of operating agreement

Current through June 11, 2024
If the Bureau determines that the conduct of an operator requires suspension or revocation of the operator's license, or the suspension or termination of his or her operating agreement before the expiration of the period specified in the agreement, the Bureau will provide to the operator an opportunity to present evidence to the Bureau which tends to show that the operator is in compliance with all requirements for retention of his or her license or operating agreement through the process for review of administrative complaints set forth in NAC 426.416 to 426.500, inclusive. The Bureau will provide to the operator notice of that opportunity and will set forth in the notice the grounds for the suspension or revocation of the operator's license, or the suspension or termination of his or her operating agreement.
Bur. of Services to the Blind, § 14, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Selection of Operators for Particular Vending Facilities › Section 426.150 - Application to operate particular vending facility: Qualifications; waiver

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, a person who is blind and who is licensed to operate a vending facility may apply to operate a particular vending facility.
2. Except as otherwise provided in subsection 3, a person who is blind and who is licensed to operate a vending facility may not apply to operate a particular vending facility if:
(a) The person has managed or operated a facility for less than 6 months; or
(b) The person fails to comply with the requirements for the operation of the vending facility that are set forth in the notice of vacancy for the facility.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Selection of Operators for Particular Vending Facilities › Section 426.155 - Notice of availability of location for vending facility

Current through June 11, 2024
The Bureau will notify each person who is eligible to operate a vending facility whenever a location for such a facility is or is about to become available.
Bur. of Services to the Blind, § 18, eff. 10-14-82
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Selection of Operators for Particular Vending Facilities › Section 426.160 - Advisory committee for selection of operators

Current through June 11, 2024
If two or more persons who are licensed to operate a vending facility have submitted an application to the Bureau, a person employed by the Bureau as an officer of field operations will appoint an advisory committee to select an operator. The committee must include:
1. To the extent possible, at least three persons representing the management of the building in which the vending facility is to be located; and
2. One person who is a member of the Nevada Committee of Vendors Who Are Blind who serves only as an observer to the selection process.
Bur. of Services to the Blind, § 19, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Selection of Operators for Particular Vending Facilities › Section 426.165 - Disqualification from selection; interim operator

Current through June 11, 2024
If a person who has been selected to operate a vending facility withdraws from consideration or refuses to execute, within a prescribed time, an operating agreement, the person is disqualified from selection as an operator of that facility. Upon such a disqualification, the Administrator or his or her designee may:
1. Offer the agreement to the applicant who received the next highest rank for selection.
2. Reinitiate the application process.
3. Select an interim operator for a specified period. The interim operator shall comply with the provisions of NAC 426.010 to 426.500, inclusive.
Bur. of Services to the Blind, § 23, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › General Requirements for Operation › Section 426.180 - Operating agreement: Purpose; tender of agreement; signature; termination or suspension

Current through June 11, 2024
1. An operating agreement grants to the operator, for a specified period, the right to use a vending facility and the equipment included with the vending facility.
2. The Bureau will offer an operating agreement and all documents relating to the agreement to a person who has been selected to operate a vending facility. The person who is selected must sign the operating agreement before taking possession of the vending facility.
3. Except as otherwise provided in this subsection, an operating agreement terminates automatically upon expiration of the period specified in the agreement. The Bureau may, in accordance with NAC 426.145, terminate an operating agreement before the expiration of the specified period if the operator fails to comply with the provisions of the operating agreement, chapter 426 of NRS or NAC 426.010 to 426.500, inclusive. In lieu of terminating an operating agreement, the Bureau may suspend an operating agreement for not more than 90 days. If the Bureau suspends an operating agreement, the operator may continue to operate his or her vending facility during the period in which the agreement is suspended if the operator agrees to cooperate with the Bureau to establish and carry out a corrective plan of action for the vending facility.
Bur. of Services to the Blind, § 44, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › General Requirements for Operation › Section 426.185 - Operating agreement: Required contents; modification

Current through June 11, 2024
1. An operating agreement must include three parts as follows:
(a) Part A must grant to the operator, for a specified period, the right to use a particular vending facility and any equipment included with the facility.
(b) Part B must include the terms and conditions of operation that are required by NAC 426.010 to 426.500, inclusive, including, but not limited to:
(1) The days and hours of operation;
(2) A description of the types of goods and services that may be offered at the vending facility pursuant to NAC 426.335;
(3) The insurance coverage required pursuant to NAC 426.196;
(4) The liability of the operator pursuant to NAC 426.201;
(5) The option to purchase retained by the Bureau pursuant to NAC 426.355;
(6) The procedure for administrative review set forth in NAC 426.416 to 426.500, inclusive; and
(7) The employment status of the operator pursuant to NAC 426.067.
(c) Part C must include any special agreements that relate to the terms and conditions of the operation of the vending facility, including, but not limited to, standards of operation and special approval required for the operation of the facility.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › General Requirements for Operation › Section 426.194 - Procurement and display of licenses and permits

Current through June 11, 2024
An operator or trainee shall obtain all licenses and permits which are required for the operation of a vending facility, including, but not limited to, a sales tax permit and local business license. The operator or trainee shall pay all fees related to the issuance or renewal of each license or permit. The operator or trainee shall display each license or permit in a prominent location at the vending facility.
Bur. of Services to the Blind, § 60, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › General Requirements for Operation › Section 426.196 - Requirements of insurance

Current through June 11, 2024
The Bureau will:
1. Provide fire insurance and storekeeper's liability insurance as may be necessary for all vending facilities;
2. Prescribe in each operating agreement the insurance that is required for the vending facility covered by the agreement, including the insurance that the operator is required to obtain;
3. Respond within 30 days to all written inquiries from an operator concerning the requirements of insurance for the vending facility; and
4. Ensure that each policy of insurance names the Bureau as an additional insured.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › General Requirements for Operation › Section 426.201 - Liability for willful or negligent acts

Current through June 11, 2024
An operator or trainee shall, unless otherwise required by statute:
1. Assume liability for his or her willful or negligent acts, or the willful or negligent acts of his or her employees or agents, that cause injury or damage to persons or property; and
2. Hold the Bureau harmless for any such acts.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.215 - Provision of bond or other security to Bureau

Current through June 11, 2024
The Bureau may require the operator or trainee to provide to the Bureau a bond or other security of a type and amount determined by the Bureau.
Bur. of Services to the Blind, § 31, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.220 - Security for payment of sales taxes, workers' compensation, security deposits or other payments

Current through June 11, 2024
The Bureau may:
1. Advance money to an operator for the purchase of a certificate of deposit to secure the payment of sales taxes, workers' compensation or other payments required of the operator.
2. Enter into a cooperative agreement with another agency of the State by which the Bureau pledges money from the Business Enterprise Account for Persons Who Are Blind to secure the payment of sales taxes, workers' compensation or security deposits required of the operator by the agency. If an operator fails to make a payment to the agency, the Bureau will notify the operator and require him or her to pay the delinquent obligation.
Bur. of Services to the Blind, § 54, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97
NRS 426.560, 426.670, 426.675
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.222 - Payments must be drawn on business account; recordation of personal expenses

Current through June 11, 2024
A payment required by NAC 426.010 to 426.500, inclusive, must be drawn on the business account of an operator or trainee. A payment that is made, other than a payment for a business deduction, must be recorded as a personal expense on the monthly balance sheet maintained by the operator or trainee.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.223 - Submission of report or payment to Bureau

Current through June 11, 2024
A report or payment required by NAC 426.010 to 426.500, inclusive, must be submitted to the Bureau not later than 20 days after the close of business on the last day of the calendar month covered by the payment or report. A report or payment must be submitted to the Bureau.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.224 - Failure to make timely payment or report: Assessment, notice, payment and waiver of penalty; termination of operating agreement

Current through June 11, 2024
1. Except as otherwise provided in subsection 5, if a payment or report required by NAC 426.010 to 426.500, inclusive, is not received by the Bureau on the date it is due, the Bureau will assess a penalty of $50 or 15 percent of the amount due, whichever is greater. The Bureau will determine whether a payment or report is received by the Bureau on the date that it is due in accordance with NRS 238.100.
2. The Bureau will mail to the last known address of the operator or trainee by certified mail, return receipt requested, or personally deliver to the operator or trainee, notice that a penalty has been assessed.
3. A penalty must be paid not more than 30 days after the operator or trainee receives notice of the penalty. Except as otherwise provided in subsection 5, if a penalty is not paid, the Bureau will assess an additional penalty of $50 or 15 percent of the amount due, whichever is less, excluding the amount due for the first penalty.
4. If, in a 1-year period, three reports, payments or penalties are not submitted to the Bureau when they are due, the Bureau may terminate the operating agreement between the Bureau and the operator without prior notice to the operator.
5. The Administrator or his or her designee may waive the assessment of a penalty pursuant to this section if the operator or trainee submits a request for a waiver which includes the reasons for the late payment, report or penalty.
Added to NAC by Bur. of Services to the Blind, eff. 3-15-84; A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.225 - Assignment of revenue and commissions from vending machines

Current through June 11, 2024
1. The Administrator or his or her designee shall assign to an operator or trainee revenue which is accrued from vending machines that are in direct competition with the vending facility of the operator or trainee.
2. The Administrator or his or her designee may assign to an operator or trainee commissions which are accrued from vending machines that are not in direct competition with the vending facility of the operator or trainee to supplement the income of the operator or trainee for not more than 6 months. The Bureau will develop and publish a policy for determining the amount of commissions that may be assigned pursuant to this subsection.
3. For the purpose of this section, if vending machines are not easily accessible to the employees in the building occupied by the vending facility of the operator or trainee, the machines are not considered to be in direct competition with the vending facility of the operator or trainee.
Bur. of Services to the Blind, § 43, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.230 - Money to be set aside from net proceeds; waiver or reduction of required amount

Current through June 11, 2024
1. To provide the money that is necessary for the administration of the program for vending facilities, each operator or trainee shall set aside money, to be deposited by the Bureau in the Business Enterprise Account for Persons Who Are Blind, from the monthly net proceeds of his or her business in accordance with the following table:
Net Proceeds of Business
Amount to Be Set Aside
$0
to
$999 1 percent of net proceeds
1,000
to
1,499 $15 plus 2 percent of net proceeds over $999
1,500
to
2,099 $25 plus 5 percent of net proceeds over $1,499
2,100
to
2,799 $55 plus 10 percent of net proceeds over $2,099
2,800
to
3,399 $125 plus 15 percent of net proceeds over $2,799
3,400
to
4,499 $215 plus 20 percent of net proceeds over $3,399
4,500
to
5,699 $435 plus 25 percent of net proceeds over $4,499
5,700
to
6,899 $735 plus 30 percent of net proceeds over $5,699
6,900
to
8,999 $1,095 plus 35 percent of net proceeds over $6,899
9,000
to
13,999 $2,000 plus 40 percent of net proceeds over $8,999
14,000
to
19,999 $4,000 plus 45 percent of net proceeds over $13,999
Over $20,000................ $7,000 plus 50 percent of net proceeds over $20,000
2. The Administrator or his or her designee, after consultation with the Nevada Committee of Vendors Who Are Blind, shall periodically review the table in subsection 1.
3. Except as otherwise provided in subsection 4, if the monthly net proceeds of the business of an operator or trainee are less than zero, the amount by which expenses exceed income may be carried forward for not more than 2 months and deducted from the net proceeds for those months to determine the amount of money required to be set aside pursuant to subsection 1 for those months. The operator or trainee may carry forward that amount for more than 2 months if the operator or trainee obtains prior written approval from the Bureau.
4. The Administrator or his or her designee, after consultation with the Nevada Committee of Vendors Who Are Blind, may waive or reduce the amount of money required to be set aside pursuant to subsection 1 for a time prescribed by the Administrator or the designee. If the Administrator or the designee, after consultation with the Nevada Committee of Vendors Who Are Blind, decides to waive or reduce this amount of money, the Administrator or the designee shall notify each operator or trainee for whom the amount is being waived or reduced on or before the last day of the month for which the amount is waived or reduced.
Bur. of Services to the Blind, § 32, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006; A by Bur. of Services to Persons Who Are Blind or Vis. Impaired by R175-09, 6-30-2010
NRS 426.560, 426.670, 426.675
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.235 - Advancement of money by Bureau: Purposes; repayment

Current through June 11, 2024
1. The Bureau may advance money to an operator or trainee from the Business Enterprise Account for Persons Who Are Blind to purchase initial stock of merchandise, supplies and equipment that are necessary to begin the operation of a vending facility. The operator or trainee shall execute a promissory note for the amount to be repaid to the Bureau. The repayment must be made in monthly installments, based upon the adjusted net proceeds of the business of the operator or trainee in accordance with the following table:
Adjusted Net Proceeds
Installment Required
$0
to
$1,100 10 percent of the amount
1,101
to
2,000 $100 plus 15 percent of the adjusted net proceeds over $1,000
2,001
to
3,000 $250 plus 20 percent of the adjusted net proceeds over $2,000
3,001
to
4,000 $450 plus 30 percent of the adjusted net proceeds over $3,000
4,001
to
5,000 $750 plus 40 percent of the adjusted net proceeds over $4,000
Over
$5,000 $1,150 plus 50 percent of the adjusted net proceeds over $5,000
2. The Bureau may advance money to an operator or trainee from the Business Enterprise Account for Persons Who Are Blind in exchange for a promissory note to ensure the continued operation of an existing vending facility. The advance must be repaid by the operator or trainee in accordance with the terms and conditions of the promissory note.
3. As used in this section, "adjusted net proceeds" means the amount of money that remains of the gross income after an operator or trainee has deducted the ordinary and necessary expenses of his or her business and includes, without limitation, the amount of money set aside pursuant to NAC 426.230.
Bur. of Services to the Blind, § 34, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670, 426.675
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.245 - Business Enterprise Account for Persons Who Are Blind: Accounting and use of money by Bureau

Current through June 11, 2024
1. The Bureau will account for the money set aside and collected by the Bureau from the operators and trainees in accordance with generally accepted principles of accounting.
2. In addition to the purposes authorized by NRS 426.675, the Bureau will use money from the Business Enterprise Account for Persons Who Are Blind for:
(a) Payment of the costs incurred for management of the program for vending facilities administered by the Bureau, including the expenses of the Nevada Committee of Vendors Who Are Blind.
(b) If money is available in the Account, reimbursement of an operator or trainee for the payment of a premium on a policy of insurance which the operator or trainee is required to maintain if, in the determination of the Administrator or his or her designee, the reimbursement is consistent with NRS 426.640.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.250 - Maintenance of books and records of account

Current through June 11, 2024
Each operator or trainee shall maintain complete books and records of account for his or her business on the basis of calendar years in accordance with generally accepted standards for business accounting. The books and records must accurately reflect all receipts and disbursements. The operator or trainee shall use the method of accounting approved by the Bureau.
Bur. of Services to the Blind, § 38, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.255 - Submission of monthly report of business operations

Current through June 11, 2024
Each operator or trainee shall submit to the Bureau, on a form prescribed by the Bureau, a monthly report of the business operations of his or her vending facility. The monthly report must be based on a calendar month.
Bur. of Services to the Blind, § 36, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.265 - Records: Maintenance; availability to Bureau; audit; correction

Current through June 11, 2024
1. Each operator or trainee shall maintain the records, correspondence and other documents relating to his or her business operation at a location in this State and make the records available to an authorized representative of the Bureau, with or without notice, for inspection, audit or other purpose. Upon issuance of a receipt for records, the operator or trainee shall surrender the records to a representative of the Bureau for audit. The receipt must specify the date on which the records must be returned to the operator or trainee and include the signature of the representative of the Bureau who receives the records. After an audit by the Bureau, an operator or trainee shall, if requested by the Bureau, correct the records in accordance with the instructions of the Bureau. Each operator or trainee shall maintain the records of his or her business operation for 5 years after the end of the calendar year covered by the records.
2. The Bureau may request any records, correspondence or other documents of an operator or trainee that are necessary for the operation or management of the vending facility or the performance of the operator or trainee, including, without limitation, records of any business in which an operator or trainee or any member of the immediate family of the operator or trainee has a financial interest in the ownership of the business. As used in this subsection, "immediate family" has the meaning ascribed to it in NAC 284.5235.
Bur. of Services to the Blind, § 39, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.267 - Biennial audits of certain facilities

Current through June 11, 2024
1. The Bureau will:
(a) Cause an audit to be conducted biennially for each vending facility with gross revenues of $150,000 or more; and
(b) Enter into a contract with an accounting firm selected by the Bureau to perform the audits.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.270 - Business checking account: Establishment and maintenance; requirement of sufficient cash; effect of negative balance

Current through June 11, 2024
1. Each operator or trainee shall establish and maintain a checking account for his or her business. The account must be in a commercial bank which is authorized to do business in this State and offers electronic access to banking services. The operator or trainee shall not commingle his or her business and personal money in the business checking account.
2. Each operator or trainee shall maintain cash in an amount which is sufficient to pay all monthly obligations of his or her vending facility without diminishing the net worth of his or her business.
3. If an operator maintains a negative balance in the operator's checking account or issues a check without sufficient money in the checking account, the Bureau may terminate his or her operating agreement.
Bur. of Services to the Blind, § 56, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.275 - Business checking account: Deposit of income

Current through June 11, 2024
All income which is earned from the operation of a vending facility must be deposited in the business checking account of the operator or trainee.
Bur. of Services to the Blind, § 57, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.280 - Business checking account: Payment of business expenses; reimbursement of expenses paid from personal money

Current through June 11, 2024
The operator or trainee shall pay his or her business expenses and the money owed to the Bureau by a check drawn on his or her business checking account. The operator or trainee may use the money in the business checking account to reimburse himself or herself for any expenses of the business which the operator or trainee originally paid from his or her personal money if the operator or trainee maintains documents which relate to those payments, including, but not limited to, invoices and receipts, in accordance with the generally accepted standards for business accounting.
Bur. of Services to the Blind, § 59, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Financial Operation; Records and Reports › Section 426.285 - Ordinary and necessary expenses: Exclusions

Current through June 11, 2024
Unless the Administrator or his or her designee provides prior written approval to an operator or trainee, ordinary and necessary expenses of the business of an operator or trainee do not include:
1. Expenses for accounting services not related to the business.
2. Attorney's fees and related expenses.
3. Charges for bank overdraft or return of checks.
4. Charges for the use of credit cards except as permitted by NAC 426.010 to 426.500, inclusive.
5. Costs of commuting to and from work, including parking fees, for the operator or trainee or his or her employees.
6. Contributions or gifts to organizations or customers.
7. Costs of aids, appliances or other equipment furnished to the operator or trainee through the program for vocational rehabilitation offered by the Bureau.
8. Costs of replacing merchandise which is destroyed because of spoilage, theft or other circumstances.
9. Costs of maintenance, replacement or repair of equipment which is owned by the Bureau.
10. Costs of maintenance, replacement or repair of equipment which is owned by the operator or trainee and used at the vending facility.
11. Costs of markup of an item of merchandise which is over the actual cost of the item, if the item was purchased from a firm and the markup directly or indirectly benefits the operator or trainee.
12. Allowances for employees' meals.
13. Penalties paid to an agency which imposes taxes or issues a license.
14. Personal expenses, including, but not limited to:
(a) Charges for personal clothing.
(b) Premiums for health, medical or disability insurance for the operator or trainee or his or her family.
(c) Payments for personal income tax, including payments for estimated taxes.
(d) Premiums for life insurance or payments for a retirement program for the operator or trainee.
(e) Any other expenses which are personal.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.300 - Equipment: Provision, repair and replacement; restrictions on operator or trainee

Current through June 11, 2024
1. The Bureau will furnish to each vending facility equipment that is suitable for the facility. The Bureau will assume responsibility for all the normal repair and replacement of that equipment.
2. If the Bureau determines that it is necessary or appropriate, the Bureau will:
(a) Replace equipment located at a vending facility, if money is available in the Business Enterprise Account for Persons Who Are Blind.
(b) Provide additional equipment at a vending facility, if money is available in the Business Enterprise Account for Persons Who Are Blind.
(c) Provide written authorization to an operator or trainee to purchase equipment specified in the authorization.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.305 - Equipment: Responsibility for daily maintenance; payment for repairs resulting from neglect or abuse

Current through June 11, 2024
An operator or trainee shall assume responsibility for the daily maintenance of the equipment furnished by the Bureau. The operator or trainee shall pay for any repairs that result from his or her neglect or abuse of the equipment.
Bur. of Services to the Blind, § 27, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.315 - Equipment: Limitation on use

Current through June 11, 2024
Equipment that has been furnished by the Bureau or authorized for purchase must be used only for the business of the vending facility.
Bur. of Services to the Blind, § 26, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.320 - Equipment: Retention of title by Bureau; surrender of possession

Current through June 11, 2024
1. Except for the right to use the equipment that is granted to the operator pursuant to NAC 426.180, the Bureau retains all right to, title to and interest in the equipment it furnishes for the operation of a vending facility.
2. The operator shall surrender possession of the equipment:
(a) Upon termination, suspension or revocation of the operator's license; or
(b) If the operator is required to do so by the terms of the operating agreement.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.326 - Acquisition of merchandise, accessories and supplies necessary to begin and continue operation; requirements for conducting physical inventory

Current through June 11, 2024
1. An operator or trainee shall obtain the items of merchandise, accessories and supplies that are necessary to begin operation of his or her vending facility. An operator or trainee shall deduct the value of those items of merchandise, accessories and supplies as a business expense if the deduction will not result in a negative balance in his or her net proceeds. Any amount that is not deducted must be shown as an asset on the monthly balance sheet maintained by the operator or trainee until it is liquidated.
2. An operator or trainee shall obtain items of merchandise, accessories and supplies in quantities that are sufficient to ensure the continued operation of his or her vending facility.
3. On an annual basis and at any other time prescribed by the Administrator or his or her designee, an operator or trainee shall conduct a physical inventory of the items of merchandise, accessories and supplies that the operator or trainee has in his or her possession for resale, and record the results of the inventory in his or her books and records of account. A copy of the results of the inventory must be included with the monthly report that the operator or trainee is required to submit to the Bureau pursuant to NAC 426.255.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.330 - Acknowledgment of receipt of equipment, accessories and initial stock of merchandise; record of changes to items

Current through June 11, 2024
Each operator or trainee shall acknowledge the receipt of the equipment, accessories and initial stock of merchandise furnished by the Bureau. The Bureau will maintain a record of any changes to those items and will provide the operator or trainee with a copy of such a record. Each record must be signed and dated by an authorized representative of the Bureau.
Bur. of Services to the Blind, § 30, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.335 - Goods and services: Specification and approval; preparation and dispensation

Current through June 11, 2024
1. Each operating agreement must specify the goods and services that may be sold at the vending facility covered by the agreement.
2. The goods and services offered at a vending facility may be dispensed automatically or manually and may be prepared on or off the premises.
3. Goods and services must not be sold, offered for sale or dispensed unless they have been approved in writing by the Administrator or his or her designee.
Bur. of Services to the Blind, § 50, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.345 - Conduct of physical inventory under certain circumstances; negotiation of value of equipment, accessories and merchandise

Current through June 11, 2024
1. Each operator or trainee, or a person designated by the operator or trainee, and an authorized representative of the Bureau shall conduct a physical inventory of all equipment, accessories and merchandise of a vending facility if:
(a) The operator or trainee is transferred or promoted to another location;
(b) The operator or trainee resigns from the program for vending facilities administered by the Bureau;
(c) The operator surrenders his or her license to the Bureau; or
(d) The operating agreement expires and is not renewed, and a final settlement between the operator and the Bureau is necessary.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.355 - Reservation and exercise by Bureau of option to purchase; reimbursement of operator upon withdrawal from program

Current through June 11, 2024
1. Each operating agreement must include a provision which reserves for the Bureau an option to purchase any equipment, accessories, supplies and merchandise owned by the operator for use in the vending facility and to assign this option to a succeeding operator of the vending facility. At the time the option is exercised, the merchandise, accessories and supplies must be inventoried and valued in the manner provided in NAC 426.345. Equipment owned by the operator may be purchased by the Bureau at its fair market value.
2. If an operator withdraws from the program for vending facilities administered by the Bureau and the Bureau purchases his or her equipment, accessories, supplies or merchandise, the Bureau will reimburse the operator for the equipment, accessories, supplies or merchandise not later than 60 days after the expiration of his or her operating agreement unless a purchase agreement has been executed and notarized between the operator and the Bureau which establishes an alternative payment schedule.
Bur. of Services to the Blind, § 53, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.357 - Surrender of premises and assets by operator

Current through June 11, 2024
1. Upon the rescission or termination of an operating agreement, or the suspension, revocation or termination of a license, the operator shall vacate the premises of the vending facility and surrender possession of all equipment, accessories, merchandise, supplies and other assets which the Bureau owns or has an option to purchase.
2. If the operator fails to surrender the premises and assets, the Bureau will take such action as is necessary to obtain possession. The operator may enter the premises to remove his or her personal property or, upon the written request of the operator and at the operator's expense, the Bureau will deliver the property to the operator or place it in storage.
Bur. of Services to the Blind, § 55, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000
NRS 426.560, 426.670