Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Act" means the Blind Vendors Act
				codified as part 4 of Title 18, chapter 5, MCA.
(2) "Blind person" means a person whose
				central visual acuity does not exceed 20/200 in the better eye with correcting
				lenses or whose visual acuity is greater than 20/200 but is accompanied by a
				limitation in the field of vision in the better eye to such a degree that the
				widest diameter of the visual field subtends an angle no greater than 20
				degrees as determined by an ophthalmologist or a physician skilled in diseases
				of the eye.
(3) "Blind vendor"
				means a person certified as a blind person for the purpose of this subchapter
				and who is operating a vending facility administered by the
				department.
(4) "Blind vendors
				program" means the program administered by the department for the purpose of
				providing to certified blind persons the business opportunities authorized by
				Title 18, chapter 5, part 4, MCA. The blind vendors program is administered in
				conjunction with the business enterprise program of the department.
(5) "Business enterprise facility" for the
				purpose of this subchapter means a vending facility administered by the
				department.
(6) "Certified blind
				person" means a blind person whom the department has determined is a blind
				person as defined in this subchapter, is in need of vocational opportunities,
				and is qualified to operate a vending facility.
(7) "Department" means the department of
				public health and human services.
(8) "Federal property" means buildings or
				portions of buildings or other real property owned or leased by the federal
				government excluding military reservations upon which the department may
				administer vending facilities by an agreement entered into under the authority
				of the federal Randolph-Sheppard Act, as amended.
(9) "License" means the certification of a
				blind person provided for in
				18-5-403,
				MCA, for the purpose of providing vocational opportunity through a
				state-administered vending stand.
(10) "Licensing agency" means the visual
				service division, department of public health and human services, state of
				Montana.
(11) "Net proceeds" means
				the amount remaining from the sale of articles or services of vending
				facilities, and any vending machine or other income accruing to blind vendors
				after deducting the cost of such sale and other expenses (excluding set-aside
				charges required to be paid by such blind vendors).
(12) "Nominee" means a non-profit agency or
				organization designated by the state licensing agency through a written
				agreement to act as its agent in the provision of services to blind licensees
				under the state's vending facility program.
(13) "Other property" means all real property
				other than state or federal property as defined in this rule.
(14) "State property" means those buildings
				or portions of buildings or other real property owned or leased under a
				lease-purchase agreement, or in the case of a building, leased in its entirety
				by the state or agencies of the state that are utilized in the conduct of state
				matters and occupied principally by state employees. State property for the
				purpose of this subchapter does not include vocational institutions or
				institutions of higher education.
(15) "Vending facility" means an area and
				equipment inclusive of vending machines on state, federal or other property
				which is or may be utilized in providing a food, beverage, or other service to
				employees and other persons present on the property, and may include any of the
				following:
(a) shelters, counters, shelving,
				display and wall cases, refrigerating apparatus, and other appropriate
				auxiliary equipment that is necessary for the vending of articles that are
				approved by the agency, or other authority having care, custody and control of
				the property in or on which the vending stand is located;
(b) manual or coin operated vending machines
				or similar devices for vending the approved articles;
(c) cafeteria or snack bar facilities for the
				dispensing of approved foods and beverages.