reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.1 - Applications for registration and authorization to use an official imprint, stamp, symbol or label, designed or approved by the commission, to identify goods and articles as blind made or processed products

Current through Register Vol. 46, No. 28, July 10, 2024
An application to the New York State Commission for the
			 Visually Handicapped for registration and authorization to use an official
			 imprint, stamp, symbol or label, designed or approved by the commission,
			 hereinafter called the official stamp, to identify as blind made or processed
			 products, goods, wares and articles that are offered for sale, shall be
			 complete and in proper form, and shall contain information with reference to
			 the following:
(a) that not less than
		    75 percent of the direct labor required for the manufacturing of such goods,
		    wares and articles is performed by legally blind persons and that in processing
		    such goods, wares and articles the percentage of direct labor by legally blind
		    persons shall be in conformity with section 396-g (3)(b)  of the
		    General Business Law; and
(b) not
		    less than 75 percent of the direct labor required for the manufacture of such
		    goods, wares and articles shall continue to be performed by legally blind
		    persons for the annual period in which registration and authorization is in
		    effect; and
(c) that records
		    satisfactory to the commission shall be established and permanently maintained,
		    which shall show:
(1) all wages paid to and
		    hours worked by all employees who perform direct labor required for the
		    manufacture or processing of such goods, wares and articles;
(2) all wages paid to and hours worked by all
		    legally blind employees who perform direct labor required for the manufacture
		    or processing of such goods, wares and articles;
(3) certifications of blindness for all
		    employees who are classified as legally blind.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.2 - Amendments to application

Current through Register Vol. 46, No. 28, July 10, 2024
An application made to the commission pursuant to this
			 Subchapter may be amended at any time while the matter is pending before the
			 commission. Such amendments shall be made on appropriate forms supplied by the
			 commission.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.3 - Withdrawal of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
		    application made to the commission pursuant to this Subchapter may, on written
		    request of the applicant, be withdrawn prior to decision by the commission, at
		    any time without prejudice to resubmission.
(b) When an application is withdrawn, the
		    original application and supporting documents shall be returned to the
		    applicant. Copies of the application and supporting documents shall be retained
		    in the office of the commission.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.4 - Registrations and the authorizations valid for one year

Current through Register Vol. 46, No. 28, July 10, 2024
All registrations and authorizations shall be valid for one
			 year from the date of issuance and shall be non-transferable. An application
			 for the renewal of registration and authorization shall be submitted to the
			 commission at least 30 days prior to the expiration of such registration and
			 authorization.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.5 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Registrants
		    shall maintain the following records:
(1) a
		    record in permanent form of all wages paid to and hours worked by all employees
		    who perform direct labor required for the manufacture or processing of goods,
		    wares and articles that are identified as blind made or processed products with
		    an official stamp of the commission; and
(2) a record in permanent form of all wages
		    paid to and hours worked by all legally blind employees who perform direct
		    labor required for the manufacture or processing of such goods, wares and
		    articles; and
(3) a file of
		    certifications of blindness for all employees who are classified as legally
		    blind.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.6 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approvals. If
		    an application is approved, a registration certificate and authorization to use
		    an official stamp shall be transmitted to the applicant. Copies of the
		    application, supporting documents and disposition shall be retained in the
		    office of the commission.
(b)
		    Disapprovals. If an application is disapproved, a statement of the commission's
		    decision and the reasons therefor shall be transmitted to the applicant. Copies
		    of the application, supporting documents and disposition shall be retained in
		    the office of the commission.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.7 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
		    aggrieved by the decisions of the commission may have a hearing conducted by
		    the commissioner, or a member of the department designated to hold hearings on
		    his behalf.
(b) The person
		    aggrieved shall be entitled to representation by an attorney or other person
		    authorized by him. He shall have an opportunity to present his case and to
		    examine adverse witnesses.
(c) The
		    decision shall set forth the findings of fact and law upon which it is based.
		    It shall constitute the final official action of the commissioner in the
		    proceeding.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.8 - Second authorization not required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any manufacturer or distributor that
		    sells, markets, processes or merchandises goods, wares and articles that have
		    already been authorized to be identified as blind made products by the
		    commission and have been permanently affixed with official stamps by a
		    registered manufacturer or distributor, need not apply to the commission for
		    registration and authorization to use official stamps to identify such goods,
		    wares and articles as blind made products.
(b) Manufacturers and distributors of
		    authorized blind made products shall permanently affix the official stamp to
		    each authorized blind made product which has been issued such official stamp by
		    the commission.
(c) Official stamps
		    shall be prominently displayed on the face or surface of each authorized blind
		    made or processed product offered to be marketed, merchandised or sold, so that
		    the same is readily identified as an authorized blind made product.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 726 - Application For Authorization To Represent Goods And Articles As Blind Made Or Processed Products Pursuant To Sections 396-f And 396-g Of The General Business Law › Section 726.9 - Active enforcement by the commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission shall notify each alleged
		    violator of the provisions of sections 396-f and
		    396-g  of the General Business Law by
		    registered mail and direct such violator to discontinue the marketing,
		    merchandising or selling of all goods, wares or articles that are represented
		    as blind made products which do not bear an official stamp of the
		    commission.
(b) The commission
		    shall transmit a report of such violations to the district attorney of the
		    county in which such violations have been committed, and to the
		    Attorney-General, together with a copy of notice. The commission shall also
		    transmit a copy of such report to the department.
(c) The commission shall maintain a record of
		    the results obtained following each reported instance of violations made to
		    enforcement officials. An annual review of such record shall be submitted to
		    the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 727 - Confidential Nature Of Records Of The Commission For The Visually Handicapped › Section 727.1 - Nature of information to be safeguarded

Current through Register Vol. 46, No. 28, July 10, 2024
Information to be safeguarded includes the names and
			 addresses of applicants and clients of the commission and their relatives
			 including lists thereof; information contained in the applications and
			 correspondence; records of evaluations by local rehabilitation agencies acting
			 on behalf of the commission; reports of medical examinations and treatments;
			 resource information; and financial statements; and all other information given
			 or made available to the commission, its representatives or employees or local
			 rehabilitation agencies acting on behalf of the commission in the course of the
			 administration of the vocational rehabilitation program. The foregoing applies
			 to all information secured by the commission or by a local rehabilitation
			 agency acting on behalf of the commission whether or not it is contained in the
			 written record.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 727 - Confidential Nature Of Records Of The Commission For The Visually Handicapped › Section 727.2 - Prohibition against disclosure of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The use of such information and records
		    shall be limited to purposes directly connected with the administration of the
		    vocational rehabilitation program and may not be disclosed, directly or
		    indirectly, other than in the administration thereof, unless the consent of the
		    client to such release has been obtained either expressly or by necessary
		    implication.
(b) The director of
		    the commission for the visually handicapped shall designate the person, or
		    persons, who shall have authority to disclose any information.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 727 - Confidential Nature Of Records Of The Commission For The Visually Handicapped › Section 727.3 - Basis for disclosure of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safeguards in disclosing information.
		    Information shall be released to another agency or person only when the
		    director of the commission for the visually handicapped or other persons
		    furnishing such information have been assured that:
(1) the confidential character of the
		    information will be maintained;
(2)
		    the information will be used for the purposes for which it is made available,
		    such purposes to be reasonably related to the administration of the vocational
		    rehabilitation program and the functioning of the inquiring agency;
		    and
(3) the information will not be
		    used for commercial or political purposes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 727 - Confidential Nature Of Records Of The Commission For The Visually Handicapped › Section 727.4 - Prohibition against improper use of lists of applicants and clients

Current through Register Vol. 46, No. 28, July 10, 2024
All material sent to applicants and clients, including
			 material enclosed in envelopes containing checks, must be directly related to
			 the administration of the vocational rehabilitation program and shall not have
			 political implications.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 728 - The Equipment Loan Fund For The Disabled › Section 728.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Equipment
		    Loan Fund for the disabled provides low interest loans to eligible persons with
		    disabilities, to provide them the financial opportunity to purchase or replace
		    essential equipment used for daily living or vocational functioning following
		    rehabilitation. Each loan may be for any amount from $500 to $4,000.
		    Outstanding loans cannot be renegotiated for a larger amount, unless the loan
		    is at least 75 percent repaid and the additional amount is to be used for
		    upgrading equipment obtained with the loan, at the discretion of the loan
		    committee. Repayment periods are at the option of the borrower to choose when
		    notified by the department of the approval of the loan. However, the repayment
		    period must be no less than two years for any loan and not more than five years
		    for loans of $2,500 or less; not more than six years for loans of $2,501 to
		    $3,000; not more than seven years for loans of $3,001 to $3,500; and not more
		    than eight years for loans of $3,501 to $4,000.
(b) The loan fund is under the joint custody
		    of the commissioner of the Department of Social Services and the Comptroller of
		    the State of New York. Loans to eligible applicants must be made in accordance
		    with this Part and may be made directly to the disabled person or to the
		    parent, legal guardian, or other individual with whom such disabled person
		    resides.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 728 - The Equipment Loan Fund For The Disabled › Section 728.3 - Loan procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Application. In order for a loan application to be accepted by the loan
		    administrator and submitted to the loan committee for review, the following
		    procedural steps must be completed.
(1) The
		    applicant must submit an application for an equipment loan to the loan
		    administrator. The application must be on the application form for the
		    Equipment Loan Fund for the Disabled. The applicant must provide all the
		    information which is requested, including but not limited to, information about
		    the applicant's home residence, social security number, sex, date of birth,
		    nature of the disability, income from all sources, a description of the
		    environmental restrictions present and an explanation of the manner in which
		    the equipment proposed to be purchased must assist in overcoming these
		    restrictions. The applicant must be informed that disclosure of his or her
		    social security number is voluntary and also must be informed of the uses which
		    will be made of such number. The applicant also must be informed that the
		    failure of the applicant to disclose his or her social security number will not
		    in and of itself disqualify the applicant from applying for a loan under the
		    equipment loan fund program.
(2)
		    The application must include a statement from a licensed physician describing
		    the disability and certifying that the applicant meets the definition of
		    disability.
(3) The application
		    must include an original statement from the equipment supplier or vendor,
		    containing a description of the equipment which the applicant proposes to
		    purchase with the loan and a quote of the purchase price. All purchases must be
		    made from suppliers or vendors eligible to conduct business in the State who
		    are not currently disqualified from providing medical care, services or
		    supplies under the medical assistance program.
(4) The applicant must certify that the
		    information contained on the application is true and correct to the best of the
		    applicant's knowledge and that other potential sources of assistance in
		    obtaining the equipment have been pursued and the applicant is neither eligible
		    for, nor can obtain such assistance. Such sources of assistance must include,
		    but not be limited to other sources of credit, Federal and State programs of
		    public assistance and care, vocational rehabilitation programs and private
		    assistance programs.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 728 - The Equipment Loan Fund For The Disabled › Section 728.4 - Responsibilities of the loan administrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The loan administrator is responsible for
		    receiving applications for loans, accepting applications which are properly
		    completed, reviewing applications to assure that they meet criteria for
		    eligibility defined herein, and making and maintaining a record of the time and
		    date that applications were accepted.
(b) After acceptance, the loan administrator
		    must present the loan applications to the loan committee for its
		    review.
(c) The loan administrator
		    must forward each application to the loan committee in the order of time of
		    acceptance.
(d) The loan
		    administrator must implement the decisions of the loan committee and inform
		    applicants of the approval or disapproval of their applications.
(e) The loan administrator must, on behalf of
		    the fund, enter into an agreement with each successful applicant for the
		    repayment of their loans.
(f) The
		    loan administrator must make efforts to notify potential loan applicants of the
		    availability of funds. Such notice shall state the date upon which loan
		    applications must be received by the loan administrator. The notice must be
		    designed to clearly notify disabled persons of the existence of the equipment
		    loans fund and may be disseminated by any means which the loan administrator
		    determines will be the most effective.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 728 - The Equipment Loan Fund For The Disabled › Section 728.5 - Responsibilities of the loan committee

Current through Register Vol. 46, No. 28, July 10, 2024
The loan committee is responsible for reviewing all
			 applications and approving or disapproving equipment loans on the basis of need
			 as described herein.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to chapter 693 of the Laws of 1992, as amended by
			 chapter 532 of the Laws of 2010, the New York State Commission for the Blind is
			 authorized to establish a Business Enterprise Program through which blind
			 persons will be licensed and authorized to operate vending facilities on any
			 State property, or any building which houses any authority, agency or entity
			 whose board of directors or executives are appointed by the Governor, or any
			 airport located in the State of New York, with no rental or other charge
			 therefor, for the purposes of providing blind persons with remunerative
			 employment, enlarging the economic opportunities of the blind, and stimulating
			 the blind to greater efforts in striving to make themselves
			 self-supporting.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Blind person
means:
(1) a
		    person whose central visual acuity does not exceed 20/200 in the better eye
		    with correcting lenses; or
(2) a
		    person whose visual acuity, if better than 20/200, is accompanied by a limit 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;
(3) in determining whether an individual is
		    blind, there must be an examination by a physician skilled in diseases of the
		    eye or by an optometrist, whichever the individual selects.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.3 - Licensing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission
		    is authorized to issue licenses to persons who are:
(1) citizens of the United States;
(2) at least 18 years of age;
(3) blind, as defined in section
		    729.2  of
		    this Part;
(4) referred to the
		    Business Enterprise Program by the commission's Vocational Rehabilitation
		    Program; and
(5) meet the
		    requirements for operating a vending facility, as set forth in section
		    729.5  of this
		    Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.4 - Revocation of a license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
		    license may be revoked, or the licensee placed on probation, or removed as the
		    manager of a facility, when the commission determines that a licensee:
(1) has operated a vending facility in such a
		    manner as to jeopardize the commission's investment in the vending
		    facility;
(2) has defrauded the
		    commission, any agency of government or a private vendor of any fees, taxes or
		    any other monetary obligation;
(3)
		    has been found to have discriminated in the operation of the vending facility
		    in violation of applicable laws or regulations;
(4) has been absent from the vending facility
		    without prior notice to the commission;
(5) has failed to operate the vending
		    facility pursuant to its scheduled hours of operation without the prior
		    approval of the commission;
(6) is
		    found guilty of a crime and as a result thereof is incarcerated or otherwise
		    unable or prohibited from operating the vending facility;
(7) is delinquent in submitting financial
		    reports or payments as are required under section
		    729.10(i) 
		    of this Part; or
(8) fails to
		    operate the vending facility in accordance with this Part, and any applicable
		    laws or regulations.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.5 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission
		    will provide training to blind persons who qualify for licenses under section
		    729.3(a) 
		    of this Part and meet the requirements set forth in subdivision (b) of this
		    section.
(b) Blind persons seeking
		    referral to vending facility or food service management training must first
		    demonstrate to the commission that they have:
(1) the ability to travel
		    independently;
(2) achieved
		    independence in activities of daily living including, but not limited to,
		    personal hygiene, clothing management, and financial management;
(3) the ability to communicate effectively,
		    including both oral and written skills;
(4) the ability to stand, stoop, kneel, lift,
		    and carry, or use alternative methods or skills to accomplish these same
		    activities;
(5) the ability to
		    differentiate coins;
(6) the
		    ability to use functional mathematical skills including, but not limited to,
		    addition, subtraction, multiplication, and division; and
(7) good interpersonal skills.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.6 - Equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With the
		    exception of motor vehicles, the commission will provide all necessary vending
		    facility equipment and will maintain it in good repair. The commission may
		    replace such worn-out and obsolete equipment as it deems necessary to enable
		    the continued successful operation of a vending facility. No such equipment may
		    be added or installed without the express, written permission of the
		    commission. All vending facilities which engage in over-the-counter cash sales
		    must be equipped with cash registers that will enable licensees to control and
		    record daily cash transactions. Cash registers will be selected and supplied by
		    the commission.
(b) Title to and
		    interest in vending facility equipment purchased by the commission is vested in
		    the commission. The commission must have access to the vending facility
		    equipment at all reasonable times to inspect, repair and maintain the vending
		    facility equipment. No alteration, change or removal of such equipment may be
		    made without the prior written approval of the commission and no charge for
		    rental or depreciation may be made to the licensee for the use of this
		    equipment. Equipment replacement costs incurred as a result of a licensee's
		    negligence will be borne by the licensee.
(c) The licensee must maintain equipment in
		    as good a condition as received, reasonable wear and tear excepted. Repair
		    costs incurred as a result of poor maintenance or improper use will be borne by
		    the licensee.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.7 - Initial stock loans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    commission may make stock loans available to licensees who are promoted,
		    appointed, or transferred to operate vending facilities. The commission, after
		    consideration of the size and projected volume of sales of a vending facility,
		    will determine the amount, method and term of repayment for initial stock
		    loans. Any loan made pursuant to this Part must be used solely for the purchase
		    of merchandise to be sold at the vending facility to which the blind licensee
		    has been promoted or appointed.
(b)
		    The licensee must grant to the commission a security interest in the licensee's
		    inventory, including all goods, merchandise and other tangible personal
		    property presently owned or thereafter acquired and held for sale in the
		    licensee's business during the period of the loan.
(c) The licensee must keep the inventory and
		    proceeds thereof free from any adverse liens, security interests, or
		    encumbrances, and in good condition and must not waste or destroy any of the
		    inventory or proceeds.
(d) The
		    licensee must appoint the commission as agent for the purpose of preparing and
		    filing one or more financing statements pursuant to the Uniform Commercial Code
		    of the State to perfect the security interest given and agree that the same may
		    be filed in the Office of the Secretary of State and, as applicable, the
		    appropriate county clerk's office, without the licensee's signature.
(e) At the option of the commission, all
		    obligations of the licensee become immediately due and payable without notice
		    or demand upon the occurrence of any of the following events of default:
(1) default in the payment or performance of
		    any obligation of the licensee for any obligation to the holder of the loan;
		    and
(2) death, dissolution,
		    termination of existence, insolvency, business failure, or the appointment of a
		    receiver of any part of the property of, assignment for the benefit of
		    creditors by, or the commencement of any proceedings under any bankruptcy or
		    insolvency laws by or against, any maker, endorser, or guarantor.
Upon the occurrence of any such events or defaults, and at
			 any time thereafter, the commission may exercise the remedies of a secured
			 party under the Uniform Commercial Code of the State.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.8 - Merchandise and signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
		    merchandise to be sold at a vending facility must be approved by the commission
		    before it is purchased or ordered for sale. Licensees must maintain an
		    inventory of merchandise of quality, and in sufficient quantity and variety, to
		    meet the requirements of the landlord or the property management agency, and
		    the terms and conditions of the operating agreement.
(b) The prices of merchandise sold at the
		    vending facility must be competitive with prices charged for like items in
		    similar businesses in the geographic area in which the vending facility is
		    located. The establishment of all prices of merchandise sold at the vending
		    facility and all subsequent price changes require the prior approval of the
		    commission.
(c) Licensees may
		    display only those signs, advertisements or other promotional material deemed
		    suitable for the location or required by the commission. Where required, such
		    signs must be in accessible format.
(d) The licensee must replace merchandise
		    that is stolen or destroyed by fire, storm, water or any other type of
		    disaster. The commission may grant a loan in an amount up to such replacement
		    cost, provided that the licensee provides the commission with a fire or police
		    report or other documentation attesting to the theft or the existence of the
		    fire, storm, water or other type of disaster.
(e) If adequate storage space for merchandise
		    is not available at the vending facility, the licensee must agree to and
		    provide storage space that complies with all applicable zoning, health and
		    safety laws, regulations, and requirements.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.9 - Set-aside of funds levy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    commission may establish and assess a levy which accrues to the commission on
		    the net proceeds of the operation of each vending facility in the Business
		    Enterprise Program and any income from vending machines on the property. Funds
		    obtained by levy must be set aside only to the extent necessary and may be used
		    only for:
(1) maintenance and replacement of
		    equipment;
(2) purchase of new
		    equipment;
(3) management services
		    as such term is defined in section
		    729.2(h) 
		    of this Part;
(4) assuring a fair
		    minimum return to operators of vending facilities if the commission chooses to
		    implement such policy; or
(5)
		    retirement or pension funds, health insurance contributions, and provision for
		    paid sick and vacation time, if it is determined by a majority vote of blind
		    licensees after the commission provides to each such licensee full information
		    on all matters relevant to such proposed program, that funds set aside under
		    this Part will be used for such purposes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.10 - Vending facility income and financial requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All income generated or derived from the
		    operation of a vending facility, except as otherwise proscribed by law, is the
		    property of the licensee managing the vending facility, except as provided
		    under section
		    729.9  of
		    this Part and subdivision (e) of this section.
(b) A licensee may charge to the vending
		    facility only those operating expenses and in only such amounts as are
		    determined by the commission to be reasonable and necessary for the proper
		    operation of the vending facility and for the purposes of determining set-aside
		    charges.
(c) Each licensee must
		    establish and maintain a checking account for receipts and expenses related to
		    the operation of the vending facility. This account must be used exclusively
		    for the financial activities of the facility and a licensee may not commingle
		    personal or other funds in this account except to the extent that such funds
		    represent the licensee's equity in the vending facility. The licensee must be
		    the sole owner of this checking account.
(d) If a licensee maintains cash reserves for
		    vacation, sick leave or any other benefits provided to employees and the
		    licensee retires, resigns, dies, or is otherwise relieved from the operation of
		    the vending facility, the licensee, or the licensee's estate or legal
		    representative, will be responsible for the payment to the employees of any
		    such accumulated benefit credits as may have been earned by such employees, up
		    to the date of such retirement, resignation, relief or death of the
		    licensee.
(e) At its option, the
		    commission will:
(1) provide funding for
		    liability insurance coverage for all licensees; or
(2) require each licensee to pay a prorated
		    portion of a group liability insurance plan administered by the commission.
		    Licensees must report to the commission, in the manner and time required by the
		    insurance company or the commission, all accidents occurring on the premises
		    and related insurance or legal claims brought against them.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.11 - Access to program and financial information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission will provide each licensee
		    access to all financial data relevant to the operation of the Business
		    Enterprise Program, including quarterly and annual financial reports, provided
		    that such disclosure does not violate applicable Federal or State laws or
		    regulations pertaining to the disclosure of confidential information. When
		    requested by a licensee, such data will be made available in a manner that will
		    afford reasonable accommodation to a licensee. At the request of a licensee,
		    commission staff will arrange a convenient time to assist in the interpretation
		    of such financial data.
(b) The
		    commission will furnish each licensee with a copy of these regulations and a
		    description of the arrangements for providing services.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.12 - Supervisory report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    commission will prepare a written supervisory report of each licensee at least
		    annually, on such forms as the commission may, from time to time, deem
		    appropriate. The supervisory report will address whether the licensee is
		    operating the vending facility in accordance with all applicable standards and
		    is complying with all program requirements.
(b) The commission representative responsible
		    for preparing such report will meet with the licensee to discuss the contents
		    of the report. The representative and the licensee will sign the report and a
		    copy of such report will be given to the licensee. A copy of the report will be
		    maintained in the licensee's permanent record with the commission. In the event
		    the licensee refuses to sign the report, it will be so noted on the report. A
		    licensee will not be placed on probation or have his or her license revoked for
		    refusing to sign a supervisory report.
(c) A licensee will have 15 days from receipt
		    of a completed supervisory report to submit written comments regarding the
		    report to the commission. Such comments will be appended to the supervisory
		    report, and maintained on file with the commission.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.13 - Leave of absence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    commission may grant a licensee a leave of absence of up to one year if such
		    licensee will be:
(1) receiving training from
		    the commission to increase vocational skills or to establish other vocational
		    goal;
(2) absent from the vending
		    facility for a period of more than 30 consecutive days due to the licensee's
		    illness. Written certification by a physician of such illness and necessity of
		    absence must be provided to the commission before the granting of any leave of
		    absence. Before a licensee's return, a physician's written statement attesting
		    to the licensee's fitness to return to the vending facility must be provided to
		    the commission; or
(3) absent from
		    the vending facility for a period of more than 30 consecutive days to care for
		    a licensee's spouse, parent, or child with a serious health
		    condition.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.14 - Vending facility employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensees
		    placed as managers of vending facilities are responsible for hiring all vending
		    facility employees. Licensees must notify the commission of any vacancies that
		    occur or will occur. With the exception of licensed motor vehicle operators who
		    may be employed to assist a licensee service a vending facility consisting of
		    vending machines at more than one location, licensees must give priority for
		    employment to qualified licensed blind individuals awaiting placement in the
		    Business Enterprise Program.
(b)
		    All wage rates paid by a licensee to an employee must be determined by the
		    licensee and approved by the commission, taking into account the size and
		    projected sales revenue of the vending facility together with local practices
		    regarding wages. In no event may any employee be paid less than the legal
		    minimum wage.
(c) Licensees must
		    provide supervision and training to all employees, and are responsible for
		    their job performance and conduct at the vending facility. In the event of an
		    extended absence of the licensee, the commission may supervise and dismiss
		    vending facility employees, where such action is required to operate a vending
		    facility in accordance with this Part.
(d) Licensees must comply with the New York
		    State Human Rights Law, the regulations promulgated pursuant thereto, and
		    applicable Federal laws and regulations to assure that in the selection of
		    employees for vending facilities, there is no discrimination because of sex,
		    race, age, creed, color, national origin, sexual orientation, military status,
		    marital status, physical or mental disability, political affiliation, domestic
		    violence victim status, predisposing genetic characteristics or any other basis
		    prohibited by the Executive Law sections 291-296 of the applicant for
		    employment.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.15 - Vending facility sanitation and guide dogs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensees must maintain vending
		    facilities at a level of sanitation commensurate with standards established by
		    the appropriate health authority, property management agency and the
		    commission.
(b) A licensee and/or
		    any blind employee of the licensee who uses a guide dog may shelter the guide
		    dog at the vending facility while the licensee or blind employee is at the
		    vending facility. A licensee must ensure that any guide dog sheltered at the
		    vending facility is free of parasites and, at least annually, submit evidence
		    to the commission from a licensed veterinarian that the guide dog has current
		    vaccinations and booster shots and is free of parasites.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.16 - Compliance with requirements of government agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensees must comply with all laws,
		    ordinances, codes and other government rules and regulations related to the
		    conduct and operation of vending facilities in the Business Enterprise Program.
		    It is the sole responsibility of a licensee to obtain and maintain the
		    appropriate and required licenses, permits or other authorizations necessary to
		    operate the vending facility.
(b)
		    The licensee and/or any employee of the licensee may use on the premises any
		    adaptive device in accordance with applicable Federal and State public
		    accommodation laws.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.17 - Selecting managers of vending facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the commission establishes a new
		    vending facility or when a vacancy occurs in an existing vending facility, the
		    commission will canvass qualified licensees to determine interest in the new
		    vending facility or vacancy. The commission, with the participation of the
		    State Committee of Blind Vendors, will develop policies and procedures for
		    conducting a canvass and criteria for the selection of a manager for the vacant
		    facility. The commission will provide each licensee with such policies,
		    procedures and selection criteria.
(b) The commission may waive the canvass and
		    transfer a licensee to a new vending facility when the commission determines
		    that such transfer will not result in a significant financial gain to the
		    licensee. The commission may also waive the canvass and transfer a licensee to
		    a new vending facility when the vending facility currently operated by the
		    licensee will be closed due to the relocation of its clientele to another
		    location which includes a new vending facility. The licensee may only be
		    transferred to this new vending facility.
(c) A licensee appointed to manage a vending
		    facility is ineligible for appointment to another vending facility for a period
		    of six months commencing on the effective date of that appointment.