reglab/statecodes huggingface dataset:
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 3 - LICENSING OF MANAGERS › Section 10:97-3.2 - Upward mobility training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) BENJ requires
				that all its managers participate in upward mobility training. Consistent with
				this practice, calculated to improve professionalism and high level customer
				service, managers will be required to complete 15 hours per calendar year of
				upward mobility training related to the Randolph-Sheppard program or general
				business management skills sets. This can be accomplished by participating in
				any combination of the following:
1.
				Statewide annual meeting; or
2.
				Instructional workshops conducted by Commission staff and Committee
				members.
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 3 - LICENSING OF MANAGERS › Section 10:97-3.3 - Operating agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A written agreement shall be entered into
				between the Commission and the manager, covering the basic terms and conditions
				required of each party each time a manager begins business at any business
				enterprise, including the probationary period. A signed copy will be provided
				to the manager.
(b) No manager will
				be charged rent for the operation of a business enterprise on State, county, or
				municipal property pursuant to
				N.J.S.A.
				30:6-15.2.
(c) No operating agreement shall be
				transferred to another person.
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 3 - LICENSING OF MANAGERS › Section 10:97-3.4 - Responsibility of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission
				will conduct surveys to establish new facilities in Federal and non-Federal
				locations.
(b) The Commission must
				comply with all of the Randolph-Sheppard requirements for a state licensing
				agency.
(c) In relation to
				business enterprise locations, the Commission's responsibilities are outlined
				in the operating agreement between the State licensing agency and the
				manager.
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 3 - LICENSING OF MANAGERS › Section 10:97-3.5 - Commission loans to start a business; repayment of loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				manager is assigned to a business enterprise, a non-interest bearing loan in
				the maximum amount of $ 4,000 in cash and/or equivalent stock may be granted by
				the Commission, upon request of the manager and recommendation of the Business
				Enterprises New Jersey Manager, for the initial stock and supplies of the
				business enterprise.
(b) Repayment
				may be deferred until the first day of the fourth month after the effective
				date of the promissory note. The manager will be required to repay the loan, on
				a monthly basis, within 36 months.
(c) Exceptions to the maximum loan and any
				subsequent loans may be granted by the Executive Director of the Commission
				upon written request of the manager, including justification that relates to
				the objectives of the program.
(d)
				If a second loan is issued concurrently with initial loan, a second three-month
				extension will not be added.
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 3 - LICENSING OF MANAGERS › Section 10:97-3.6 - Inventory management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				business is transferred from one manager to another, for any cause, the new
				manager has the option of purchasing some or the entire existing inventory of
				the previous manager, if the previous manager wishes to sell all or part of the
				inventory.
(b) The Commission shall
				schedule the taking of inventory on the effective date of transfer or closing
				of the facility. The two managers and a representative of the Commission are to
				be present, so that there can be agreement as to the amount and value of stock
				and supplies on hand. The Commission may compute the value of the inventory
				using current average wholesale prices and document the procedure in the
				managers' records.
(c) At the time
				of the inventory taking, the Commission will conduct an inspection of all
				equipment in which the Commission has title to assure its working order. The
				previous manager shall be responsible for the cost of repairs of any defective
				equipment under conditions set forth in
				N.J.A.C.
				10:97-4.8.
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 4 - RULES OF OPERATIONS › Section 10:97-4.1 - Operating parameters of a business enterprise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				manager shall ensure that the business enterprise is operated in accordance
				with the following:
1. This
				chapter;
2. The permit;
3. The operating agreement; and
4. Any other applicable laws and
				rules.
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 4 - RULES OF OPERATIONS › Section 10:97-4.2 - Personal operation of a business enterprise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				manager shall personally conduct the business assigned to him or her.
(b) The manager shall devote whatever time is
				required in the conduct of his or her particular business to ensure the
				likelihood of success at the location.
(c) Failure to comply with business time
				requirements in (b) above may result in the suspension of a license after
				affording the licensed manager an opportunity for a full evidentiary
				hearing.
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 4 - RULES OF OPERATIONS › Section 10:97-4.3 - Absences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manager bears full responsibility for
				the operation of the business during his or her absence.
1. In the event that a manager is absent, the
				manager shall select and compensate, in accordance with the Department of Labor
				and Workforce Development standards, a qualified substitute.
2. Advance notice to the Commission is not
				necessary unless the absence would involve closing the facility or there has
				been a pattern of abuse.
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 4 - RULES OF OPERATIONS › Section 10:97-4.4 - Employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Preference in employment shall be given
				to persons who are blind or visually impaired and other persons with
				disabilities.
(b) The manager is
				required to comply with all State and Federal laws pertaining to hiring,
				employment, and workers' compensation.
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 4 - RULES OF OPERATIONS › Section 10:97-4.5 - Payment for supplies purchased

Current through Register Vol. 56, No. 14, July 15, 2024
The manager may take advantage of credit extended by
				  suppliers, provided that the Commission shall have no liability in the event
				  that a manager abuses any such credit.
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 4 - RULES OF OPERATIONS › Section 10:97-4.6 - Insurance

Current through Register Vol. 56, No. 14, July 15, 2024
The manager shall carry Workers' Compensation Insurance for
				  all persons utilized by the manager, in accordance with Department of Labor and
				  Workforce Development rules, and any other insurance required for the operation
				  of the business. The Commission shall be included on all policies, except
				  workers' compensation, as "additionally insured."
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 4 - RULES OF OPERATIONS › Section 10:97-4.7 - Equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Title to and interest in all equipment
				shall be vested in the Commission, with the exception of equipment that has
				been purchased by, leased by, or loaned to the manager.
(b) Any request for purchase, lease, or use
				of equipment by a manager must be made in writing to the Commission. The
				Commission will notify the manager of its decision regarding the request within
				20 days.
(c) The granting of
				permission to purchase equipment does not imply agreement on the part of the
				Commission to maintain the equipment or purchase the item from the manager at
				the time he or she leaves the program or from his or her heirs or assignees
				after his or her death.
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 4 - RULES OF OPERATIONS › Section 10:97-4.8 - Maintenance and repair of equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All business
				enterprise equipment in which the Commission has title shall be maintained in
				good repair by the manager to insure continued operation of the business
				enterprise.
(b) The manager shall
				pay the first $ 200.00 for the repair of each piece of equipment per
				occurrence, except when the cost of equipment repair is incurred during the
				first 45 calendar days of a manager's occupancy at a business enterprise. Full
				cost of repair of equipment during the first 45 calendar days shall be the
				responsibility of the Commission.
(c) The Commission shall pay for repair
				charges over and above the first $ 200.00 except as stated in (b)
				above.
(d) Worn and obsolete
				equipment shall be replaced by the Commission when it is determined by the
				Commission that the cost of repair of the equipment cannot be justified in
				relation to the value of the equipment.
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 4 - RULES OF OPERATIONS › Section 10:97-4.9 - Disposition of Commission owned property

Current through Register Vol. 56, No. 14, July 15, 2024
The manager or his or her employees shall not destroy, sell,
				  or in any way alter or dispose of any of the fixtures, equipment, or other
				  property to which the Commission holds title or permit anyone else to do so
				  without the written authorization of the Commission.
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 4 - RULES OF OPERATIONS › Section 10:97-4.10 - Sanitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Managers are required to meet all
				Federal, State, county, and municipal health standards, including the standards
				required by the Commission. These standards include a regular schedule of
				maintenance of all fixtures and equipment and a regularly-scheduled cleanup of
				all areas of the facility by the manager.
(b) All recommendations regarding appearance
				and sanitation, made to a manager by a Commission field representative, must be
				implemented within the time frame established by the Commission in the site
				review report. Failure to implement the recommendations shall result in the
				Commission securing the services of a commercial cleaning company at the
				manager's expense.
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 4 - RULES OF OPERATIONS › Section 10:97-4.11 - Stock

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The type of articles to be sold in a
				facility shall be determined in accordance with the language in the
				permit.
(b) Under no circumstances
				will approval be given for the sale of any item that is prohibited by law or
				ordinance.
(c) The manager shall be
				required to maintain stock at an adequate level to meet the needs of the
				business.
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 4 - RULES OF OPERATIONS › Section 10:97-4.12 - Signs

Current through Register Vol. 56, No. 14, July 15, 2024
The licensed manager shall use only such identifying signs
				  and insignia as approved by the Commission and the property
				  manager.
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 4 - RULES OF OPERATIONS › Section 10:97-4.13 - Pricing of merchandise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prices will be
				set by the manager in consultation with the Commission's field
				representative.
(b) The retail
				price of merchandise at a facility shall not exceed the general price pattern
				prevailing in the immediate locality.
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 4 - RULES OF OPERATIONS › Section 10:97-4.14 - Notification of unusual incidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manager
				shall immediately notify the Commission, by telephone, of any unusual incident.
1. An unusual incident is anything that
				causes or might cause the business a problem.
2. Such incidents may be, but are not limited
				to, any governmental or legal actions, customer's complaints, accidents and
				insurance claims.
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 4 - RULES OF OPERATIONS › Section 10:97-4.15 - Responsibility for damage

Current through Register Vol. 56, No. 14, July 15, 2024
The manager shall be liable to the Commission for any damage
				  of the equipment or fixtures owned by the Commission or any losses resulting
				  from the neglect or failure to observe the rules of the Commission. In such
				  instances, the full cost of repairs or replacement shall be the responsibility
				  of the manager. The deductible provisions of
				  N.J.A.C.
				  10:97-4.8(b) and (c) shall
				  not apply.
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 4 - RULES OF OPERATIONS › Section 10:97-4.16 - Manager owned or leased vending machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Managers must obtain written approval from the Commission and the property
				manager to have vending machines as part of the business enterprise, whether
				owned or leased by, or loaned to, the manager.
(b) All income from these vending machines
				will be reported as miscellaneous sales of the business enterprise.
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 5 - RECORDS AND MONITORING › Section 10:97-5.1 - Weekly sales report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manager shall submit to the
				Commission the prescribed weekly sales report.
(b) Weekly reports shall be submitted on a
				monthly basis, on or before the 20th day of the following month. These reports
				do not constitute complete financial reporting as set forth in
				N.J.A.C.
				10:97-5.2.
(c) Cash registers shall be used at all
				business enterprises, except those enterprises consisting of vending machines
				only.
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 5 - RECORDS AND MONITORING › Section 10:97-5.2 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manager is required to keep books of
				account. These books of account shall meet the requirements of the Internal
				Revenue Services, Social Security Administration, New Jersey Sales Tax
				Division, Division of Employment Security, Division of Workers' Compensation,
				and any other agency having jurisdiction.
(b) The records required in (a) above must be
				open for the inspection of the Commission one working week after receipt of the
				notice requesting inspection. Failure to comply with this requirement may
				result in the suspension of a license after affording the licensed manager an
				opportunity for a full evidentiary hearing.
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 5 - RECORDS AND MONITORING › Section 10:97-5.3 - Right of inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manager shall recognize any
				representative directed by the Commissioner of Human Services or the
				Commission, with official State identification, to make unannounced inspections
				in order to monitor the appearance and conduct of the business
				enterprise.
(b) The Commission
				field representative shall make site visits at a minimum of one visit every
				month; however, more frequent visits may occur. Each time a Commission field
				representative visits a business enterprise, a site visit report shall be
				completed and shared with the manager. If the manager disputes the findings in
				the site visit report, the manager shall have the right to respond in writing.
				The manager shall be given a copy in an accessible format, if requested, and
				the Commission shall retain a copy. It shall be the responsibility of the
				manager to implement the requirements set forth in the site visit
				report.
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 5 - RECORDS AND MONITORING › Section 10:97-5.4 - Confidentiality of records

Current through Register Vol. 56, No. 14, July 15, 2024
No manager or client information shall be released except
				  under the provisions of
				  N.J.A.C.
				  10:91-5.7.
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 6 - PROGRAM: FISCAL REQUIREMENTS › Section 10:97-6.1 - Business Enterprises New Jersey Fund, Federal

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Business Enterprises New Jersey Fund, Federal, consists of those funds accruing
				to the program from unassigned vending machine income from Federal
				locations.
(b) The funds may be
				used only for purpose of:
1. Maintenance and
				replacement of equipment;
2. The
				purchase of new equipment;
3.
				Management services;
4. Assuring a
				fair minimum return to vendors; or
5. The establishment and maintenance of
				retirement or pension funds, health insurance contributions, and provisions for
				paid sick leave and vacation time, if it is so determined by a majority vote of
				blind vendors, after the Commission provides to each vendor information related
				to the proposed purposes.
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 6 - PROGRAM: FISCAL REQUIREMENTS › Section 10:97-6.3 - Business Enterprises New Jersey Fund, non-Federal

Current through Register Vol. 56, No. 14, July 15, 2024
The Business Enterprises New Jersey Fund, non-Federal,
				  consists of all monies accruing to the program from non-Federal sources. These
				  funds will be used to cover expenses that are necessary for the operation of
				  the program as determined by the Commission and the
				  Committee.
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 6 - PROGRAM: FISCAL REQUIREMENTS › Section 10:97-6.4 - Vending machine income due to managers

Current through Register Vol. 56, No. 14, July 15, 2024
Managers located on Federal property shall be eligible for
				  vending machine income pursuant to Randolph-Sheppard regulations. (see
				  34
				  CFR 395.8 ). Any such income due a manager
				  that has been disbursed to the Commission, shall be remitted to the manager on
				  at least a quarterly basis. All unassigned vending machine income from Federal
				  sources will become a part of the Business Enterprises New Jersey Fund,
				  Federal.
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 6 - PROGRAM: FISCAL REQUIREMENTS › Section 10:97-6.5 - Access to program and financial information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				manager will be provided access, in accessible formats, to all financial data
				relevant to the operation of Business Enterprises New Jersey.
(b) Such access will include quarterly and
				annual financial reports, provided that such disclosure does not violate
				Federal and State laws pertaining to the disclosure of confidential
				information.
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 7 - TTRANSFER OF FACILITY FROM ONE MANAGER TO ANOTHER › Section 10:97-7.1 - Advance notice of termination

Current through Register Vol. 56, No. 14, July 15, 2024
If a manager decides to terminate his or her assignment at a
				  location or as a business enterprise manager, he or she shall notify the
				  Commission in writing at least 45 days in advance of the actual date of
				  termination. Notification of such intent with less than 45 days' notice shall
				  result in the manager exiting the program in bad standing, which will preclude
				  readmission to the program at any future date.
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 7 - TTRANSFER OF FACILITY FROM ONE MANAGER TO ANOTHER › Section 10:97-7.2 - Procedure when a manager leaves a business enterprise

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Whenever a manager is transferred, terminated, or otherwise leaves a business
				enterprise, all equipment and other property belonging to the Commission shall
				be surrendered in good working order and condition, except for reasonable wear
				and tear, as determined by the Commission. Also, the premises shall be cleaned
				to the satisfaction of the Commission representative, or the services of a
				commercial cleaning company shall be engaged, as provided at
				N.J.A.C.
				10:97-4.9(b).
(b) To maintain good standing with the
				program, the manager shall provide proof that all taxes, accounts, and bills
				have been paid in full. Also, an inventory of stock shall be taken as required
				under the provisions of N.J.A.C. 10:97-3.6.
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 7 - TTRANSFER OF FACILITY FROM ONE MANAGER TO ANOTHER › Section 10:97-7.3 - Promotions and transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Business
				Enterprises New Jersey Manager shall circulate a letter to all managers and
				persons on the Certified for Placement List in print, electronic form, or
				braille announcing business enterprise vacancies. The letter shall contain a
				description and the location of the business enterprise, the gross sales and
				the net profit for the previous year, scheduled hours of operation, and other
				significant information about the vacancy. An on-site inspection shall be
				scheduled for all potential applicants by the Commission for a time during
				business hours, sometime during the two-week response period. A Commission
				field representative shall be present at that time to answer any questions that
				managers may have regarding the location. The on-site inspection shall not be
				rescheduled for managers on an individual basis.
(b) Any eligible interested individual shall
				apply, in writing, to the designee of Business Enterprises New Jersey within
				two weeks of the vacancy announcement.
1. Any
				manager who is not current in repayment of his or her stock loan at the posting
				of the location availability under conditions set forth in
				N.J.A.C.
				10:97-3.5(b), or has not
				satisfied the debt, in full, within 30 days prior to the application for
				appointment, shall be ineligible to apply.
2. Any manager who is not current in payment
				of their State business taxes shall not be eligible to apply.
3. Any manager who has not met the net profit
				standards for the previous year shall be ineligible to apply.
4. An inactive licensed manager shall not be
				considered for business enterprise opportunities when at least one active
				licensed manager applies for the vacancy.
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 7 - TTRANSFER OF FACILITY FROM ONE MANAGER TO ANOTHER › Section 10:97-7.4 - Interim manager of a business enterprise

Current through Register Vol. 56, No. 14, July 15, 2024
When a business enterprise becomes vacant, it is often
				  necessary to keep that business enterprise operating so that the location is
				  not lost to Business Enterprises New Jersey. A vacancy shall be filled in an
				  emergency by the appointment of an interim manager, pending the completion of
				  the formal promotion process. The interim manager will be appointed at the
				  discretion of the BENJ Manager and in consultation with the Committee as an
				  emergency appointment.
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 8 - SUSPENSIONS AND GRIEVANCE PROCEDURES › Section 10:97-8.1 - Immediate suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				that a manager is in violation of the regulations or laws of a governmental
				agency, his or her license shall be subject to immediate suspension.
(b) Grounds for immediate suspension of a
				license shall exist when any activity, policy or conduct of a manager presents
				a serious or imminent hazard to the health, safety, civil rights, and well
				being of the public, or otherwise demonstrates total unfitness or inability to
				operate a business enterprise in compliance with all of the requirements of
				these regulations and all applicable Federal and State law, including:
1. Willfully defrauding a private vendor or
				any agency of government of any taxes or other amounts of money due;
2. Jeopardizing the Commission's permit for
				the facility as a result of building management complaint and request for
				removal;
3. Abandonment of the
				business enterprise; or
4.
				Indictment for, or conviction of, a crime.
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 8 - SUSPENSIONS AND GRIEVANCE PROCEDURES › Section 10:97-8.2 - Disciplinary probation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In situations
				other than those warranting immediate suspension, if there is a violation of
				this chapter or any State or Federal law, the manager shall be placed on
				disciplinary probation. The manager shall be given a written notice by the
				Commission stating the grounds at issue and shall have a period of 15 days to
				correct any violation cited in the notice.
(b) In the event that the violation is not
				corrected during the disciplinary probation period, the Commission shall issue
				to the manager a notice of license termination, citing any unresolved
				violation. Termination shall be effective 15 days after such notice of
				termination, provided that the manager has been given an opportunity for an
				Administrative Review and/or an Administrative Hearing prior to final
				termination.
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 8 - SUSPENSIONS AND GRIEVANCE PROCEDURES › Section 10:97-8.3 - Administrative Reviews and Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission
				shall afford an opportunity for an Administrative Review to each manager who is
				dissatisfied with any action arising from the operation or administration of
				Business Enterprises New Jersey when a written request is submitted within 15
				days of the occurrence of the action. The manager has the option of
				transmitting the grievance through the Committee of Business Enterprise
				Managers.
(b) The Administrative
				Review shall be conducted by the Commission as an internal non-contested case
				not subject to New Jersey Uniform Administrative Procedure Rules (N.J.A.C.
				1:1-1 et seq.).
(c) The Commission
				shall afford an opportunity for an Administrative Hearing, also known as a Full
				Evidentiary Hearing, to each operator in accordance with 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), subject to any superseding Federal or State law (see
				34
				CFR 361.48 and 34 CFR 395.13).
(d) If a manager has participated in an
				Administrative Hearing and is dissatisfied with any action taken or decision
				rendered as a result of the hearing, he or she may file a complaint with the
				Secretary, United States Department of Education. Such complaint shall be
				accompanied by all supporting documents, including a statement of the decision
				which was rendered and the reasons in support thereof. Filing of the complaint
				by the manager shall indicate consent for the release of such information for
				the hearing of an ad hoc arbitration panel (see
				34 CFR
				395.13 ).
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 9 - COMMITTEE OF BUSINESS ENTERPRISE OPERATORS › Section 10:97-9.1 - Committee of Business Enterprise Managers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission shall provide for the biennial election of a Committee of Business
				Enterprise Managers, which, to the extent possible, shall be representative of
				all managers in Business Enterprises New Jersey on the basis of such factors as
				geography and type of business enterprise, with the goal of providing for
				proportional representation of managers on Federal property and managers on
				other property.
(b) The Committee
				shall be elected by the majority of all active licensed managers in the State
				program.
(c) Participation by any
				active licensed manager in any election shall not be conditioned upon the
				payment of dues or any other fee.
(d) The Committee of Business Enterprise
				Managers shall:
1. Actively participate with
				the Commission in major administrative decisions and policy and program
				development decisions affecting the overall administration of Business
				Enterprises New Jersey;
2. Receive
				and transmit to the Commission grievances at the request of managers and serve
				as advocates for such managers in connection with such grievances;
3. Actively participate with the Commission
				in the development and administration of the system for the transfer and
				promotion of managers;
4. Actively
				participate with the Commission in the development of training and re-training
				programs for managers; and
5.
				Sponsor, with the assistance of the Commission, meetings and instructional
				conferences for managers within the State.
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 10 - NEW PRIVATE BUSINESS ENTERPRISE OPPORTUNITIES › Section 10:97-10.1 - Manager initiative

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Blind
				managers, who participate in the activity of the Business Enterprises New
				Jersey, are encouraged to identify and help secure potential business
				opportunities in private, non-governmental buildings. This new, private
				entrepreneurial initiative is designed to expand the Business Enterprises New
				Jersey and create increased employment opportunities for eligible blind
				consumers.
1. Once a private site is
				identified, the manager shall bring this opportunity to the attention of the
				Commission for potential evaluation as a viable location to include among the
				BENJ network. If deemed a viable business enterprise location by the
				Commission, the new opportunity will be established and become part of the
				blind manager's business enterprise. Only at such time as the blind manager
				separates from BENJ as a result of resignation, retirement, or removal for
				cause, will the Commission exercise its programmatic responsibility to resume
				management of this private enterprise and place it out for bid pursuant to the
				transparent provisions of N.J.A.C. 10:97-7.
2. All newly acquired private facilities that
				the Commission accepts and deems appropriate to operate within the confines of
				BENJ will be equally subject to all procedural processes, benefits, and
				obligations that apply to existing, traditional facilities located in or on
				Federal, State, and municipal properties and host agencies. Further, the due
				process rights of blind managers who operate such private facilities/locations
				shall be the same as those set forth in N.J.A.C. 10:97-8, and that apply to
				participants in BENJ generally.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 10:99-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of these rules is to further the policy of the
				  State to encourage and assist people with severe disabilities to achieve
				  maximum personal independence through productive employment by assuring a
				  continuous market for commodities and services provided by them, thereby
				  enhancing their dignity and capacity for self-support and minimizing their
				  dependence on public assistance and the need for costly
				  institutionalization.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 10:99-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter establishes a mechanism through which people
				  with severe disabilities throughout the State of New Jersey are encouraged and
				  enabled to become productively employed through participation in community
				  rehabilitation programs. The rules ensure market continuity by placing
				  commodity items and services on set-aside contracts for purchase by State
				  agencies, municipalities, school districts, counties, quasi-State agencies,
				  county and State colleges, volunteer fire departments, volunteer first aid and
				  rescue squads, and independent institutions of higher learning.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 2 - COMMODITIES AND SERVICES COUNCIL CSC FOR THE BLIND AND OTHER PERSONS WITH SEVERE DISABILITIES › Section 10:99-2.1 - Membership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CSC shall
				consist of the Director of the Division of Vocational Rehabilitation Services;
				the Director of the Division of Purchase and Property; the Chief of the Bureau
				of State Use Industries; the Assistant Commissioner for the Division of
				Developmental Disabilities; the Director of the Division of Disability
				Services, the Executive Director of the Commission for the Blind and Visually
				Impaired; the Chairperson of ACCSESNJ/CNA SERVICES; or their designees; and
				three citizens at-large members, at least one of whom shall be a blind person
				in accordance with the definition provided in
				10:99-1.3 and at least one of whom
				shall represent the private business sector. The at-large members shall be
				appointed by the Governor, with the advice and consent of the Senate, for terms
				of three years.
(b) The members of
				the CSC shall organize annually by the selection of one of their members to
				serve as the chairperson. The at-large members shall serve without compensation
				but shall be reimbursed by the Department of Human Services for necessary
				expenses incurred in the performance of their duties.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 2 - COMMODITIES AND SERVICES COUNCIL CSC FOR THE BLIND AND OTHER PERSONS WITH SEVERE DISABILITIES › Section 10:99-2.2 - Duties of the CSC

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CSC shall
				recommend to the Commissioner an organization for designation as the CNA for
				the purposes of this program.
(b)
				The CSC shall develop, through the CNA, a list of commodities and services
				which shall be set aside for purchase by State agencies from CNA-approved CRPs
				and shall establish a contract selling price based on fair market price (FMP) (
				10:99-2.4 and 5.4) for those
				commodities and services.
(c) The
				CSC shall establish allowable fees including the administrative/management fee
				for the CNA which shall be added to the FMP (10:99-3.5 ).
(d) The CSC shall address grievances which
				may arise between the CNA and a CRP as the result of the relationship defined
				by the Memorandum of Understanding (10:99-5.10 ).
(e) The CSC shall monitor the activities of
				the CNA in accordance with the standards contained in this chapter, both in
				terms of its relations with participating CRPs and with customer agencies. In
				cases of documented non-compliance on part of the CNA, the CSC shall recommend
				appropriate corrective action or rescinding of the CNA in accordance with
				10:99-4.5, 4.6 and 5.7.
(f) The CSC may, by majority action, release
				the Bureau of State Use Industries from a waiver issued by the Bureau of State
				Use Industries in accordance with
				10:99-3.2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 2 - COMMODITIES AND SERVICES COUNCIL CSC FOR THE BLIND AND OTHER PERSONS WITH SEVERE DISABILITIES › Section 10:99-2.3 - Sales catalog

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CNA shall
				issue or make available to each government purchasing agency a sales catalog or
				listing, which shall include CSC approved commodities and services which shall
				be procured from the CNA as follows:
1. For
				commodities, the sales catalog shall include the item description, general
				specifications, identification, price, shipping, ordering, and other pertinent
				information; and
2. For services,
				the sales catalog shall identify the type of service to be provided and other
				relevant information.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 2 - COMMODITIES AND SERVICES COUNCIL CSC FOR THE BLIND AND OTHER PERSONS WITH SEVERE DISABILITIES › Section 10:99-2.5 - Annual report

Current through Register Vol. 56, No. 14, July 15, 2024
The CSC shall prepare and submit to the Commissioner an
				  annual report prepared by the CNA on the activities conducted under
				  30:6-23 et seq. (hereinafter
				  referred to as "the Act") including significant accomplishments and
				  developments and such other details as the CNA considers appropriate or the CSC
				  may request within 90 days following the close of the CNA's fiscal year.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 3 - CENTRAL NONPROFIT AGENCY (CNA) › Section 10:99-3.1 - Designation of the CNA

Current through Register Vol. 56, No. 14, July 15, 2024
A CNA shall be designated by the Commissioner to represent
				  the CRPs for the blind and visually impaired as well as CRPs for other people
				  with severe disabilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 3 - CENTRAL NONPROFIT AGENCY (CNA) › Section 10:99-3.2 - Duties and responsibilities of the CNA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CNA shall:
1. Act as a liaison in the representation of
				CRPs to the CSC and other State, municipal, county agencies, public
				authorities, commissions, and offices affected by the Act;
2. Evaluate the qualifications and
				capabilities of the CRPs in accordance with the requirements of this chapter
				and provide the CSC with the data concerning these CRPs, their status as a
				qualified program, and their manufacturing and service capabilities;
3. Recommend to the CSC, with justification,
				including recommended prices, commodities or services for procurement from its
				qualified CRPs, as specified in
				10:99-3.3;
4. Meet with the Chief of the Bureau of State
				Use Industries to secure a formal written waiver, including any restrictions
				thereof, for a commodity or services proposed for set-asides, to insure there
				will be no duplication or competition;
5. Distribute orders from State and other
				purchasing agencies among its qualified CRPs, in accordance with
				10:99-3.4;
6. Maintain the following records and data on
				its certified CRPs:
i. The articles of
				incorporation;
ii. A copy of the
				by-laws;
iii. A copy of the Section
				501(c)(3) Internal Revenue Service certificate;
iv. Evidence that the facility meets the
				criteria for nonprofit status under the applicable provisions of New Jersey law
				and is registered and in good standing as a charitable organization with the
				Secretary of State; and
v. A copy
				of current certificate(s) issued by the United States Department of Labor
				authorizing wage payments under section 14(c) of the Fair Labor Standards Act,
				29
				U.S.C. §
												201 et seq.
7. Monitor participating CRPs to
				insure contract compliance in production of a commodity or performance of a
				service;
8. Monitor and inspect the
				activities of participating CRPs to ensure compliance with
				30:6-23 et seq. and this
				chapter;
9. As market conditions
				change, recommend price changes, with appropriate justification from the CRP,
				for approved commodities or services;
10. Enter into contracts with State and other
				procuring entities for the furnishing of commodities or the provision of
				services provided by the CRPs; and
11. Provide an appeal process to address
				disputes or grievances which may occur between the participating CRPs and the
				CNA (10:99-4.5 ).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 3 - CENTRAL NONPROFIT AGENCY (CNA) › Section 10:99-3.3 - Development of commodities or services for set-aside

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Items to be
				considered for set-aside contract may originate from a certified CRP, the CNA
				or a State agency:
1. When originating from a
				CRP, the CRP proposing the commodity or service to the CNA shall have priority
				for set-aside. The CRP shall submit documentation requesting the commodity or
				service be placed on set-aside within nine months or lose its development
				priority for that commodity or service for twenty-four months (10:99-4.1 );
2. CRPs interested in producing the commodity
				or service must provide to the CNA a cost breakdown, price list, business plan,
				including market research and functional descriptions of facilities and
				equipment used, and any other pertinent information relating to the
				specification, within 60 days after receipt of notification by the CNA of its
				intent to propose a commodity or service for addition to the sales catalog. The
				Bureau of State Use Industries shall have two to three weeks to notify the CNA
				(in writing) of their intent to exercise their priority on the proposed
				commodity or service, once formally notified by the CNA. Failure by the Bureau
				to provide notification of intent will serve as the Bureau's indication not to
				exercise priority for the product or service.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 3 - CENTRAL NONPROFIT AGENCY (CNA) › Section 10:99-3.4 - Distribution of orders

Current through Register Vol. 56, No. 14, July 15, 2024
When the CSC has approved two or more CRPs to produce a
				  specific commodity or perform a particular service, the CNA shall distribute
				  orders among those CRPs based on an evaluation of capabilities, capacities,
				  geographic concerns, price, performance, and customer preference.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 3 - CENTRAL NONPROFIT AGENCY (CNA) › Section 10:99-3.5 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
The administrative/management fees payable to the CNA shall
				  be eight percent of the FMP which shall be added to the CRPs approved price and
				  included in the total contract selling price as approved by the CSC.