Ohio Administrative Code › Title 3304:1 - Business Enterprise Program › Chapter 3304:1-21 - Part 21 - Business Enterprise Program › Section 3304:1-21-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
The following terms are used throughout
				Chapter 3304:1-21 of the Administrative Code.
(A)
								"Accessible
			 Format" means the format requested in writing by the operator and kept on file
			 by the business enterprise program that informs the program of how an operator
			 wishes to receive documents, information, forms, BE computer programs, and
			 other correspondence sent by the program, including but not limited to regular
			 print, large print, Braille, or electronic mail.
(B)
								"Active
			 Engagement" means an operator is the manager of the assigned business operation
			 and the operator or a designee is physically present at a vending facility at
			 least once every thirty days.
(C)
								"Active
			 Participation" means meaningful collaboration on major administrative decisions
			 and policy and program development decisions affecting overall administration
			 of Ohio's vending facility program between the BSVI and the Ohio vendors
			 representative committee.
(D)
								"Blind" has the same definition as in division (B) of
			 section
			 3304.28
			 of the Revised Code. "Individual who is blind" means a person whose central
			 visual acuity does not exceed 20/200 in the better eye with correcting lenses
			 or 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 twenty degrees.
(E)
								"Bureau of
			 Services for the Visually Impaired or Bureau" (BSVI) means the designated state
			 licensing agency housed within opportunities for ohioans with disabilities
			 agency responsible for implementing the provisions of the Randolph-Sheppard Act
			 and its amendments and sections
			 3304.28
			 to
			 3304.35 of the
			 Revised Code.
(F)
								"Bureau-grantor agreement" (BGA) means the signed
			 agreement between BSVI and grantor for a facility.
(G)
								"Bureau-operator
			 agreement" (BOA) means a signed agreement between BSVI and an operator
			 assigning them to a facility.
(H)
								"Business
			 Consultant" means the BSVI employee assigned to provide occasional consulting
			 directly to an operator in an effort to maximize efficiency, income, and
			 performance.
(I)
								"Business Enterprise area manager" means the BSVI
			 employee who reports directly to the BE program manager of BSVI or the
			 director's designee and is the principal field manager for the BE program in an
			 assigned area of the state.
(J)
								"Business
			 Enterprise program" (BE) means the program within BSVI responsible for
			 training, licensing, regulating and supporting operators, purchasing equipment
			 and initial inventory, negotiating and entering into bureau-grantor agreements,
			 agreements with operators, and settlement agreements, and that performs all
			 other functions necessary to operate the program.
(K)
								"BE program
			 manager" means the BSVI staff person who reports directly to the deputy
			 director of BSVI and who directs and monitors the operation of the business
			 enterprise program, its staff and its funds statewide.
(L)
								"Business
			 Enterprise rules" means the complete set of administrative rules governing the
			 business enterprise program which have been promulgated in accordance with
			 section
			 119.03
			 of the Revised Code.
(M)
								"Criminal Activity" means a conviction of, plea of
			 guilty or no-contest to, or a judicial finding in any jurisdiction of a felony,
			 or misdemeanor, or a crime involving fraud or deceit in procuring or attempting
			 to procure a license, as defined in appendix A to rule 3304:1-21-02 of the
			 Administrative Code.
(N)
								"Designee" means a person authorized to carry out a
			 responsibility or task.
(O)
								"Discipline" means a denial, revocation, or suspension
			 of the license.
(P)
								"Displaced operator" means an operator whose permanent
			 facility has been permanently closed, temporarily closed, or whose net facility
			 sales have been temporarily reduced by at least fifty per cent, for more than
			 two weeks due to remodeling or by extraneous circumstances such as strike or
			 disaster. Should a facility be permanently closed the operator shall be
			 considered displaced for only six months after closure. A displaced operator
			 may receive a fair minimum return payment.
(Q)
								"Electoral
			 district" means a geographical area from which representatives and alternates
			 of the Ohio vendors representative committee (OVRC) are elected to equitably
			 represent the operators.
(R)
								"Equipment" means any item purchased by the business
			 enterprise program that remains the property of the program and does not
			 include items purchased as part of an initial inventory.
(S)
								"Facility" means
			 an entity created by the business enterprise program and assigned a unique
			 number that may consist of one or more sites that the business enterprise
			 program reasonably believes will earn enough in sales to independently support
			 a single blind vendor when an operator is awarded a permanent
			 facility.
(T)
								"Facility announcement" is a notice announcing a
			 current or forthcoming permanent operator position available in an existing or
			 newly developed BE facility.
(U)
								"Federal Fiscal
			 Year" (FFY) means the time period beginning October first and ending September
			 thirtieth.
(V)
								"Federal property" is property as defined in
			 34 CFR
			 395.1(g), as published in
			 the July 1, 2015 Code of Federal Regulations.
(W)
								"Governmental
			 property" has the same definition as division (C) of section
			 3304.28
			 of the Revised Code.
(X)
								"Grantor" means the person or entity who is responsible
			 for the property supporting a BE facility.
(Y)
								"Initial
			 Inventory" are the products both consumable and non-consumable that are
			 identified and purchased by the BE program to facilitate the opening of a new
			 facility or site. Initial inventory does not include lottery tickets and any
			 purchase of lottery tickets is governed exclusively by an agreement between the
			 operator and the Ohio lottery commission.
(Z)
								"Inventory
			 adjustment" means the debit or credit owed by or to an operator resulting from
			 a difference between the value of their inventory on hand at the time of the
			 closing inventory and the value of the initial inventory.
(AA)
								"License" means
			 a written document with a unique identification number issued to an individual
			 who has met all of the eligibility and licensure requirements to operate a
			 facility in the BE program.
(BB)
								"Licensee" means
			 any person licensed by BSVI to operate a facility.
(CC)
								"Local Selection
			 Panel" is a BE area manager or designee along with the OVRC representative and
			 OVRC alternate for the district. No individual may serve on a local selection
			 panel if they have a personal or financial conflict of interest. In such case,
			 or if there is no elected representative or alternate, the OVRC chair or the
			 chair's designee shall participate.
(DD)
								"Ministerial
			 decision" means a decision which has no material impact on the nature, quality
			 or quantity of service provided to BE licensees, and will not adversely impact
			 opportunities for licensees.
(EE)
								"Monthly
			 Operating Report (MOR)" means accurate facility financial information as
			 submitted monthly by the facility operator and consists of all sales, sales tax
			 collected, discounts, gifts, rebates, federal vending machine income as
			 described in
			 34
			 CFR 395.32, as published in the July 1, 2015
			 Code of Federal Regulations, income from subcontracted facility sales,
			 promotional considerations, and bonuses, either monetary or in kind, stock
			 purchased, business related expenses, employee wages, draw, stock and supply
			 inventory, and business cash on hand, which the operator has the power to
			 obtain and control the disposition thereof, accrued from operation of a
			 facility.
(FF)
								"Non-Priority Property" means property where the BE
			 program does not have a statutory priority to operate including, but not
			 limited to, county, city, village and township property and private
			 property.
(GG)
								"Opportunities for Ohioans with Disabilities" (OOD)
			 means the state agency responsible for helping people with disabilities seek
			 and retain substantial gainful employment in Ohio.
(HH)
								"Ohio Vendors
			 Representative Committee" (OVRC) means the group of operators elected from
			 their respective districts who represent the interests of all operators in the
			 business enterprise program statewide.
(II)
								"Operator" means
			 an individual who is blind, that has been licensed by BSVI, and is assigned to
			 a BOA or TBOA.
(JJ)
								"Other Expenses" means expenditures on the daily cash
			 report as defined in appendix A to this rule.
(KK)
								"Professional
			 Manner" means upholding standards of professionalism and customer service,
			 demonstrating consistent sound fiscal management and practices, and exhibiting
			 positive conduct and behavior.
(LL)
								"Records Review"
			 is the review of records as prescribed by BSVI. The review pertains to the
			 operation of a BE business and includes financial information regarding sales,
			 sales tax collected, discounts, gifts, rebates, federal vending machine income
			 as described in
			 34
			 CFR 395.32, as published in the July 1, 2017
			 Code of Federal Regulations, income from subcontracted facility sales, lottery
			 commissions, promotional considerations, and bonuses, either monetary or in
			 kind, stock purchased, business related expenses, employee wages, draw, stock
			 and supply inventory, and business cash on hand.
(MM)
								"Regular
			 Meeting" means the meetings of the OVRC that are required to occur at least
			 twice each federal fiscal year, and any other meeting scheduled in a
			 month.
(NN)
								"Seniority" means the length of time an operator has
			 served under a BOA or TBOA. If the operator is operating under a BOA and TBOA
			 at the same time, that time is to be run concurrently to determine the length
			 of time. BE maintains a list of the current seniority of all BE
			 operators.
(OO)
								"Set-aside fees" means the total of the fee assessed by
			 BE upon the operator's net monthly proceeds.
(PP)
								"Site" is a
			 business location suitable for vending, determined to not have sufficient gross
			 sales to exist as an independent facility.
(QQ)
								"Special
			 Meeting" is any OVRC meeting other than a regular meeting when notice is
			 provided pursuant to paragraph (I) of rule
			 3304:1-21-12
			 of the Administrative Code.
(RR)
								"Supplies" means
			 any item not for resale that is necessary for the operation of the
			 facility.
(SS)
								"Stock" means any item available for retail sale at a
			 facility or site. It does not include lottery tickets and any purchase of
			 lottery tickets is governed exclusively by an agreement between the operator
			 and the Ohio lottery commission.
(TT)
								"Temporary
			 bureau-operator agreement" (TBOA) means a signed temporary agreement between
			 BSVI and the operator of a facility for a limited period of time which is
			 designated in the agreement.
(UU)
								"Upward
			 Mobility" is continuing education provided to licensees.
(VV)
								"Vacant
			 Facility" is a suitable vending location without a licensee permanently
			 assigned, or for which BE has notice of an operator's pending departure.
Replaces: 3304:1-21-01
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