New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.15 - LICENSED MANAGERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Licensing requirements for operating a business enterprise.
(1) Definition of license: A license is a
				written instrument issued by the SLA to a qualified licensed manager,
				authorizing such person to operate a vending facility on federal or other
				property ( 34 CFR
				395.1 ).
(2) Issuance and conditions of a license: A
				license shall be issued by the SLA in accordance with federal regulations
				making the individual eligible to operate a facility. The license shall be
				prominently displayed in the licensed manager's facility. The license remains
				effective for an indefinite length of time, unless terminated or suspended by
				the SLA in accordance with state and federal regulations. A license issued to
				an individual is non-transferable (
				34 CFR
				395.7 ). Preference is given to blind persons
				who are in need of primary employment. Requirements for the issuance of a BEP
				license is that the individual:
(a) must be
				legally blind as verified by documentation (
				34 CFR
				395.7 );
(b) must be a United States citizen residing
				in the state in which he/she desired to be trained and licensed. Birth
				certificate or other applicable documentation must be submitted with
				application ( 34 CFR
				395.7 );
(c) be at least 18 years of age or
				older;
(d) applied and been
				determined eligible for the NMCB vocational rehabilitation program, including
				completing an application form for the BEP listing relevant education, business
				experience and references (see Appendix T) [sic Appendix 2] [now 9.4.7.13
				NMAC]; and, participating in an interview with the VR counselor, member of the
				committee of licensed managers and BEP staff. After the interview, the
				vocational rehabilitation counselor and BEP staff will discuss the checklist of
				prerequisites for BEP training (see Appendix 1) [now 9.4.7.12 NMAC], and
				discuss any items of concern with the BEP staff member;
(e) have completed all services on the IWRP
				which may interfere with training;
(f) have completed the proscribed training
				program required by the SLA (Paragraph 12.2.6 of this rule) [now Paragraph (6)
				of Subsection B of 9.4.5.12 NMAC].
(3) Termination of license: A license
				automatically expires when the licensed manager is no longer a United States
				citizen, no longer meets the definition of legal blindness, surrenders his/her
				license, resigns, retires or dies. A license may be terminated or suspended by
				the SLA in accordance with BEP, state or federal regulations as described
				below.
(4) Grounds for probation,
				suspension or termination of a license: A licensed manager may be put on
				probation, and a BEP license may be suspended or terminated for the reasons set
				forth in the following Paragraphs (A) through (S) [now Subparagraphs (a)
				through (s) of Paragraph (4) or Subsection A of 9.4.5.15 NMAC].
(a) failure to open the assigned BEP facility
				as stated in the agreement with the grantor agency, without prior proper
				approval from the SLA (abandonment of facility);
(b) defrauding any agency of government
				(including the SLA) or any supplier or failure to pay monies due including
				taxes, fees, or assessments to any governmental entity or supplier;
(c) failure to file required financial and
				other records with the SLA or preserve them for a specified time and failure to
				comply/cooperate with the audits conducted by the SLA or other state or federal
				agencies;
(d) the vending facility
				is not being operated in accordance with the rules and regulations, terms and
				conditions of the permit with the grantor agency, or the terms and conditions
				of the manager's agreement;
(e)
				intentional abuse, neglect, unauthorized use or removal of the BEP facility
				equipment; or failure to properly maintain the equipment in a clean and
				operating manner within the scope of the licensed manager's level of
				maintenance authorization;
(f)
				misconduct or unprofessional behavior by the licensed manager, as defined by
				the code of ethics or state/federal regulations. This requirement includes but
				is not limited to: use of profane language with the SLA, property manager,
				employees and/or customers; threatening, belligerent or harassing behavior;
				other behavior inappropriate to successful operation of a business;
(g) substance abuse (alcoholic beverages,
				illegal drugs, etc.) while operating the BEP facility; or substance abuse off
				the premises that interferes with the operation of a vending
				facility;
(h) operation of a BEP
				facility in such a way that the SLA's investment is obviously endangered,
				including significant loss of clientele due to actions of the licensed
				manager;
(i) an attempt by a
				licensed manager to acquire an existing or proposed BEP facility as a private
				operation while operating a BEP facility or awaiting assignment to a BEP
				facility without prior approval by SLA staff and recommendation for that action
				by the committee of licensed managers;
(j) failure to comply with all federal and
				state laws prohibiting discrimination and failure to assure services without
				distinction on the basis of race, gender, color, national origin, religion, age
				or disability;
(k) incompetence or
				determination by the SLA or its designee that the licensed manager no longer
				has the necessary skills and abilities for managing a BEP facility;
(l) use of the facility to conduct unlawful
				activities or activities unauthorized by the SLA or property manager's
				permit;
(m) failure to personally
				operate and manage the facility or vending route in accordance with the
				manager's agreement;
(n) failure to
				manage a facility in the business enterprise program at a reasonable
				profit;
(o) failure to bid on a
				facility for three years, with no extension, could be grounds for the
				termination of a license by the SLA. For example, if a manager fails to bid on
				one or more vacant facilities located within his/her geographic area, within a
				three year period, the license could be terminated. The three year provision is
				effective as of the date of the issuance of this manual. Licenses issued prior
				to the effective date of the manual are issued for an indefinite time
				period;
(p) extended illness with a
				medical leave-documented diagnosis of prolonged incapacity of the licensed
				manager to operate the facility or vending route in a manner consistent with
				the needs of the location or other available locations in the BEP;
(q) withdrawal of the manager from the
				program upon his/her written notification to the SLA;
(r) failure to comply with the Parental
				Responsibility Act (New Mexico Laws of 1995, Chapter 25), which provides for
				the denial, suspension or revocation of professional and occupational licenses
				for nonpayment of child support;
(s) failure to maintain workman's
				compensation insurance following the initial year of coverage provided by the
				SLA, should the facility and/or route have one or more employees;
(t) the SLA provides for procedures for fair
				hearings for licensed managers' grievances regarding termination, probation or
				suspension of a license; these procedures provide each licensed manager the
				opportunity to seek remediation of dissatisfaction with any SLA action arising
				from the termination, probation or suspension of a license.
(5) A licensed manager on
				disciplinary probation, or who has been suspended or had his/her license
				terminated, may not bid on another vending facility.