Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 6 - Licensed Managers and Business Enterprise Operation › Part 1 - LICENSED MANAGERS › Section 612:25-6-3 - Grounds for suspension or termination of a license

Current through Vol. 41, No. 20, July 1, 2024
(a) A BEP license may be suspended or
				  terminated for the reasons set forth in (1) through (15) of this Subsection.
(1) Failure to open the assigned business
				  enterprise as stated in the permit/contract with the grantor agency, without
				  prior proper approval from the SLA (abandonment of business
				  enterprise).
(2) Defrauding any
				  agency of the government (including the SLA) or any purveyor or failure to pay
				  monies due including taxes, fees, or assessments to any governmental entity or
				  purveyor.
(3) Failure to file
				  required monthly reports with the SLA or failure to comply/cooperate with
				  audits conducted by the SLA or other State or Federal agencies.
(4) Failure to maintain the required
				  insurance coverage.
(5) The
				  business enterprise is not being operated in accordance with the rules and
				  regulations, terms and conditions of the permit with the grantor agency, or the
				  terms and conditions of the business enterprise manager's agreement.
(6) Intentional abuse, neglect, unauthorized
				  use or removal of the business enterprise equipment; or failure to properly
				  maintain the equipment in a clean and operating manner within the scope of the
				  licensed manager's level of maintenance authorization.
(7) Substance abuse (alcoholic beverages,
				  illegal drugs, etc.) while operating the business enterprise; or other
				  substance abuse that interferes with the operation of a business enterprise.
(8) Operation of a business
				  enterprise in such a way that the SLA's interest in retaining the contract for
				  the location is obviously endangered.
(9) Failure to comply with all Federal and
				  State laws prohibiting discrimination and failure to provide services without
				  regard to race, gender, color, national origin, religion, age, political
				  affiliation, or disability.
(10)
				  Determination by the SLA that the licensed manager no longer has the necessary
				  skills and abilities for effectively managing a business enterprise.
(11) Use of the business enterprise to
				  conduct unlawful activities.
(12)
				  Failure to personally operate and manage the business enterprise in accordance
				  with the manager's agreement. Management means the personal supervision of the
				  day-to-day operation of the assigned BEP facility by the assigned manager.
(13) Use of a third-party vendor
				  to operate the assigned business enterprise facility.
(14) Operating a motor vehicle. Under federal
				  law, only individuals who meet the legal definition of blindness may be
				  licensed to participate in the vending facility program under the
				  Randolph-Sheppard Act [20 USC
				  107a(b) and
				  107e(1)]
				  . Under Oklahoma driver licensing rules established by the Oklahoma Department
				  of Public Safety, individuals who are blind are not eligible to be licensed to
				  operate motor vehicles.
(15)
				  Intentionally representing one's self as an agent of the SLA or as an SLA
				  official. The licensed manager is not allowed to negotiate or act on behalf of
				  the SLA.