New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 1 - GENERAL PROVISIONS › Section 10:97-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms shall have the following
				  meanings, unless the context clearly indicates otherwise.
"Active participation" means an ongoing process of good-faith
				  negotiation between the elected Committee of Business Enterprise Managers and
				  the Commission for the Blind and Visually Impaired in the development of
				  Business Enterprises New Jersey policies and procedures before implementation.
				  The Commission shall be responsible for the administration and operation of all
				  aspects of BENJ and authority in decisions affecting BENJ.
"Administrative hearing" means a formal proceeding before an
				  Administrative Law Judge and conducted pursuant to the Administrative Procedure
				  Act, N.J.S.A. 52:14B-1 et seq., and
				  52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C.
				  1:1.
"Approved training" refers to training that is set forth by
				  Business Enterprises New Jersey, with the active participation by the Committee
				  of Business Enterprise Managers.
"Blind person" means a person who, after examination by an
				  ophthalmologist or by an optometrist, which ever such person shall select, has
				  been determined to have:
1. Not more than 20/200 central visual acuity in the better
				  eye with corrective lenses; or
2. An equally disabling loss of the visual field as evidenced
				  by a limitation to the field of vision in the better eye to such a degree that
				  its widest diameter subtends an angle of no greater than 20 degrees.
"Business enterprise" means automatic vending machines,
				  cafeterias, snack bars, cart service, shelters, counters, and such other
				  appropriate equipment that may be operated by blind managers and that is
				  necessary for the sale of newspapers, periodicals, confections, tobacco
				  products, foods, beverages, and other articles or services dispensed
				  automatically or manually and prepared on or off the premises in accordance
				  with all applicable health laws, and including the vending or exchange of
				  chances for any lottery authorized by State law and conducted by an agency of
				  the State.
"Business Enterprises New Jersey" or "BENJ" means the New
				  Jersey Randolph-Sheppard Act business enterprise program.
"Business Enterprises New Jersey Fund, Federal" means funds
				  that accrue to the Commission from any vending machines on Federal
				  property.
"Business Enterprises New Jersey Fund, non-Federal" means
				  funds that accrue to the Business Enterprise Program from all non-Federal
				  sources.
"Business Enterprises New Jersey Manager" means the
				  individual administratively responsible for overseeing the operations of the
				  Business Enterprises New Jersey program, staff, and other relevant
				  matters.
"Certified for Placement List" means a roster of blind
				  persons who have successfully completed approved training for Business
				  Enterprises New Jersey and are so certified by the Commission. All individuals
				  who successfully complete the training course will receive a certificate of
				  completion.
"Committee" or "CBEM" means the Committee of Business
				  Enterprise Managers, who are managers elected at the annual meeting by a
				  majority of active licensed managers in the program.
"Commission" means the New Jersey Commission for the Blind
				  and Visually Impaired, the State licensing agency.
"Federal Set-Aside Funds" means funds which accrue to the
				  Commission from any income from vending machines on Federal property.
"Field representative" means the front line business
				  consultant at the Commission responsible for training and other program service
				  delivery in support of a licensed manager or candidate seeking
				  licensure.
"Full Evidentiary Hearing": for purposes of this Code Full
				  Evidentiary Hearing and Administrative Hearing are synonymous.
"Inactive licensee" means a blind manager who has been duly
				  licensed by the Commission, but is not presently operating a location.
"License" means a written instrument issued by the State
				  licensing agency to a blind person authorizing such person to operate a vending
				  facility or other business enterprise on Federal or other property.
"Licensee" means a blind manager who has been duly licensed
				  by the Commission.
"Manager" means a qualified blind person assigned by the
				  Commission to operate a business enterprise on Federal or other property. A
				  manager is not an employee of the State of New Jersey.
"Net profit or net proceeds" means the amount remaining from
				  the sale of articles or services of business enterprises and any vending
				  machine or other income accruing to managers after deducting the cost of such
				  sale and other expenses.
"Operating agreement" means the agreement, which shall be
				  entered into between the Commission and each manager, covering the basic terms
				  and conditions required of each party for the operation of a specific business
				  enterprise.
"Permit" means the agreement between the Commission and a
				  department or agency in the control of the maintenance, operation and
				  protection of Federal and non-Federal property whereby the Commission is
				  authorized to establish a business enterprise.
"Property manager" means the official responsible for the
				  property where the business enterprise is located.
"Revocation of license" means a termination of license for
				  cause, after, if requested, a full evidentiary hearing.
"Secretary" means the Secretary of the United States
				  Department of Education.
"Seniority" means the total of work time as a licensed
				  manager in Business Enterprises New Jersey. Work time must be unbroken unless
				  there are extenuating circumstances that exist, through no fault of the
				  manager.
"State licensing agency" means the New Jersey Commission for
				  the Blind and Visually Impaired.
"Suspension" means a temporary discontinuation of the
				  operating agreement or license resulting in the halting of operations. The
				  operating agreement or license will be restored when the reason for suspension
				  has been remedied. If the reason for suspension is not or cannot be remedied,
				  the operating agreement will be revoked after a full evidentiary
				  hearing.
"Vocational rehabilitation counselor" means a person hired to
				  assist disabled clients in the process of selecting and obtaining necessary
				  training and related services for their vocational rehabilitation.