reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 2 - General Provisions › Section 612:25-2-3 - Federal legal authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Randolph-Sheppard Act of 1936, as amended [
				20 U.S.C. Section
				107 et seq.], authorizes designated State
				Licensing Agencies to establish and administer Business Enterprise Programs in
				their respective States. The law locates the State Licensing Agency (SLA) for
				the program in the individual State or territorial agency which offers
				vocational rehabilitation services for individuals who are blind under the
				Rehabilitation Act [
				29 USC
				701 et seq.].
(b) Primary regulatory authority for the
				Business Enterprise Program is found at 34 CFR Part 395. Other regulatory
				guidelines impacting the Business Enterprise Program are found at 34 CFR Part
				361 and 32 CFR 260.
Added at 14 Ok Reg 1472,
				  eff 7-1-97; Amended at 16 Ok Reg 1626, eff
				  7-1-99
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 2 - General Provisions › Section 612:25-2-4 - State legal authority

Current through Vol. 41, No. 20, July 1, 2024
Rules for the Business Enterprise Program are promulgated by
				  the Oklahoma Commission for Rehabilitation Services under the authority of 74
				  O.S., Section 166.1 et seq., and in accordance with the Administrative
				  Procedures Act, 75 O.S., Sections 250 et seq.
Added at 14 Ok Reg 1472,
				  eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 2 - General Provisions › Section 612:25-2-6 - Promulgation of Business Enterprise Program policies [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 1472,
				  eff 7-1-97; Revoked at 29 Ok Reg 1447, eff
				  7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 2 - General Provisions › Section 612:25-2-7 - State and Federal Assurances Policy of non-discrimination

Current through Vol. 41, No. 20, July 1, 2024
(a) The SLA will
				assure compliance with all State and Federal Rules and Regulations applicable
				to the Randolph Sheppard Act.
(b)
				The State Licensing Agency assures that it shall not exclude from
				participation, deny the benefits of the program, or otherwise subject any
				person to discrimination because of the person's gender, age, physical or
				mental impairment, religion, race, creed, national origin, or political
				affiliation in accordance with the Civil Rights Act of 1964, Section 504 of the
				Rehabilitation Act, the Americans with Disabilities Act of 1990 and any other
				federal and state non-discrimination statutes.
(c) Every licensed manager of a business
				enterprise shall operate the business enterprise in such a manner that no
				person shall be subject to discrimination under any federal or state statute
				because of the person's gender, age, physical or mental impairment, religion,
				race, creed, national origin, or political affiliation whether that person is a
				present or prospective purveyor, customer, employee or other individual who
				might come into contact with the business enterprise.
(d) Confidentiality and requests for
				information. Policies on confidentiality of client records in the BEP will
				apply also to licensed managers in the BEP and to those who apply for training.
				Such information will be limited to purposes directly connected with the
				administration of the BEP and may not be released either directly or indirectly
				for any other purpose without the consent of the licensed manager/applicant or
				his/her legal representative. While the SLA complies with the Freedom of
				Information Act, protection of confidential information takes precedence. When
				information is requested that is not clearly of a public nature, the
				information will be treated as confidential unless and until ruled otherwise by
				the general counsel for the SLA. The SLA may charge reasonable fees for copies
				of information.
Added at 14 Ok Reg 1472,
				  eff 7-1-97; Amended at 16 Ok Reg 1626, eff 7-1-99; Amended at 22 Ok Reg 2222,
				  eff 7-1-05
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 2 - General Provisions › Section 612:25-2-8 - Accessibility of written materials

Current through Vol. 41, No. 20, July 1, 2024
Upon advance request, all written materials will be provided
				  to each licensed manager, licensed employee, or licensee in a format accessible
				  to that licensed manager, licensed employee, or Licensee. It is the
				  responsibility of the licensed manager, licensed employee, or licensee to
				  inform the SLA of the accessible format needed.
Added at 14 Ok Reg 1472,
				  eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 2 - General Provisions › Section 612:25-2-9 - Conflict of interest

Current through Vol. 41, No. 20, July 1, 2024
(a)
State
				Licensing Agency (SLA) employees.
DRS policy prohibits the employment of
				any person in a position that would result in immediate supervision by a
				relative or two or more relatives reporting to the same supervisor. Employment
				in the Business Enterprise Program (BEP) and SLA is subject to DRS rules
				governing related employees.
(b)
BEP employee relationship to program participants.
It is the
				policy of the SLA that BEP employees and SLA administrators with responsibility
				for BEP operation may not be placed in a position to establish program
				eligibility, authorize program services or otherwise participate in program
				decisions for BEP applicants or participants who are related to such employees
				by blood or marriage. An employee shall immediately disclose to his/her
				supervisor the existence of a relation to a BEP applicant or participant. The
				BEP operations coordinator, SLA administrator or director (if appropriate) may
				reassign employee duties or take such other measures as are permitted under law
				and DRS rules to comply with this policy.
(c)
Conflict of interest.
BEP
				employees are subject to DRS policy and Oklahoma Ethics Commission rules
				regarding use of position for personal gain and avoidance of conflicts of
				interest.
Added at 29 Ok Reg 1447,
				  eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-1 - Issuance of licenses; eligibility of applicants [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-2 - Selection, promotion, and transfer [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-3 - Fair hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-4 - Operators agreement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-5 - Equipment [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-6 - Initial stock/merchandise loan [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-7 - Responsibilities of the Department [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-8 - Duties of the vendor [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-9 - General terms applying to the vendor and/or Department [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-10 - Setting aside of funds [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-11 - Distribution and use of income from vending machine on Federal property [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-12 - Training program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-13 - State Committee of Blind Vendors [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-14 - Program and financial information [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 3 - Vending Facility Program [Revoked] › Section 612:25-3-15 - Retirement, health and life insurance benefits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 1 - ORGANIZATION AND GENERAL OPERATION STANDARDS › Section 612:25-4-1 - Organization of the State Licensing Agency

Current through Vol. 41, No. 20, July 1, 2024
(a)
Governing board.
The
				  Oklahoma Department of Rehabilitation Services (DRS) is the designated State
				  Licensing Agency (SLA) for administration of Oklahoma's vending facility
				  program for the blind under the Randolph-Sheppard Act. The governing board of
				  the SLA is the Oklahoma Commission for Rehabilitation Services. The Director of
				  DRS reports directly to the Commission.
(b)
Business Enterprise Program
				  administration.
The Business Enterprise Program (BEP) is located in the
				  Division of Services for the Blind & Visually Impaired of DRS, and is
				  administered by the Business Enterprise Program Operations Coordinator who
				  reports to the Services for the Blind & Visually Impaired Division
				  Administrator.
(c)
BEP
				  staff.
The SLA, with consultation from the Elected Committee of Licensed
				  Managers, determines staffing requirements for administration of the BEP and
				  provision of services to achieve the mission, goals and objectives of the
				  Program.
(d)
Licensed
				  managers.
The individual enterprises established by the Business
				  Enterprise Program are managed by licensed managers. Licensed managers are
				  subject to the policies and procedures of the Business Enterprise Program, but
				  are not employees of the program, the SLA, or the State of Oklahoma. They do,
				  however, have a contractual relationship with the SLA and are required to
				  manage the business enterprise in accordance with established rules and
				  regulations.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 16 Ok Reg 1626, eff 7-1-99; Amended at 22 Ok Reg
					 2222, eff 7-1-05; Amended at 29 Ok Reg 1447, eff
					 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 1 - ORGANIZATION AND GENERAL OPERATION STANDARDS › Section 612:25-4-2 - SLA staff responsibilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 16 Ok Reg 1626, eff 7-1-99; Amended at 19 Ok Reg
					 1838, eff 7-1-02; Amended at 20 Ok Reg 1808, eff 7-1-03; Revoked at 22 Ok Reg
					 2222, eff 7-1-05
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 1 - ORGANIZATION AND GENERAL OPERATION STANDARDS › Section 612:25-4-3 - Guidelines for communication [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 22 Ok Reg 2222, eff 7-1-05; Revoked at 29 Ok Reg
					 1447, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 1 - ORGANIZATION AND GENERAL OPERATION STANDARDS › Section 612:25-4-4 - Management services provided by the State Licensing Agency

Current through Vol. 41, No. 20, July 1, 2024
(a)
Overview
				  of management services.
Management services provided by the State
				  Licensing Agency (SLA) include but are not limited to inspections, quality
				  control, consultation and technical assistance for licensed managers,
				  accounting, regulating, training, including in-service training, equipment
				  procurement and other services provided to support and improve business
				  enterprises.
(b)
Consultation
				  and technical assistance.
The SLA provides licensed managers with
				  consultation and technical assistance services that may include:
(1) Recommendations for optimizing the
				  profitability of the business enterprise;
(2) Recommendations and feedback on business
				  enterprise operations including quality, service, and cleanliness;
(3) Possible solutions to problems recognized
				  by the licensed manager or brought to the licensed manager's attention by BEP
				  staff or the grantor;
(4)
				  Explanation of the SLA's procedures, policies, and standards;
(5) Information on compliance with applicable
				  laws and regulations;
(6)
				  Instruction on compliance with all conditions in the manager's
				  agreement;
(7) Information and
				  inspection to help the licensed manager assure that merchandise is sold in
				  accordance with the grantor's agreement;
(8) Instructions for maintenance of
				  sanitation and safety standards;
(9) Instructions for proper maintenance of
				  equipment;
(10) Recommendations for
				  building effective communications and working relationships between the
				  licensed manager and customers, purveyors, employees, grantor, the SLA and the
				  general public; and
(11)
				  Instruction on SLA and other agency requirements for record keeping and
				  reporting.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 3 - BUSINESS ENTERPRISE PROGRAM TRAINING › Section 612:25-4-14 - Training for new or potential licensed managers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Overview of Licensed Manager Training.
The Business Enterprise Program (BEP) provides individuals who are blind with training that leads to potential employment as a Licensed Manager of a vending facility or related business in the Business Enterprise Program. The training program includes but is not limited to training in laws and regulations affecting the Business Enterprise Program, state and federal tax reporting, food service operations, sanitation, inventory control, money management, staffing of personnel, safety procedures, business management principles and techniques, and preparation of reports required by the State Licensing Agency. The licensed manager training program will be based on a curriculum developed and periodically reviewed through consultation with appropriate business representatives, trainers, BEP experts, and the Elected Committee of Licensed Managers. Additional training required by the licensed manager trainee to adjust to blindness, learn assistive technology skills or improve the trainee's opportunity to succeed as a licensed manager may be arranged through coordination with the DRS Division of Visual Services and DRS Division of Vocational Rehabilitation.
(b)
Application process.
Applications for BEP training shall include the following information which shall be obtained from the individual's counselor:
(1) current eye examination, documenting blindness;
(2) documentation for United States citizenship;
(3) documentation the client is at least 18 years of age; and
(4) completion of any rehabilitation training prerequisites established by the BEP in consultation with the ECM to better optimize the successful employment outcome;
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 3 - BUSINESS ENTERPRISE PROGRAM TRAINING › Section 612:25-4-15 - Training for present licensed managers

Current through Vol. 41, No. 20, July 1, 2024
Post-employment training for licensed managers will be
					 provided by the State Licensing Agency to encourage greater professional
					 competence and to promote achievement of maximum vocational
					 potential.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 22 Ok Reg 2222, eff 7-1-05; Amended at 29 Ok Reg
					 1447, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 3 - BUSINESS ENTERPRISE PROGRAM TRAINING › Section 612:25-4-16 - Training for Business Enterprise Program staff [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 29 Ok Reg
					 1447, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 5 - STATE LICENSING AGENCY RESPONSIBILITY FOR BUSINESS ENTERPRISE OPERATIONS › Section 612:25-4-25 - Management of BEP equipment and fixtures

Current through Vol. 41, No. 20, July 1, 2024
(a) The SLA will provide each business
				  enterprise with fixtures and equipment in such quantity and quality so as to
				  give reasonable assurance of successful operation by the licensed manager. The
				  SLA retains the right, title, and interest to all BEP equipment and fixtures.
				  The SLA has the authority to direct, control, transfer and dispose of such
				  equipment as it deems necessary. All capital equipment is purchased,
				  inventoried, and disposed of in accordance with Department of Rehabilitation
				  Services policy.
(b) Equipment for
				  new locations will be determined by the BEP Operations Coordinator and staff
				  pursuant to
				  612:25-6-16
				  Criteria to establish a business enterprise.
(c) The licensed manager may make additions,
				  deletions or modifications to the business enterprise and its operation, in the
				  form of equipment, fixtures or facilities, by obtaining written authorization
				  from the BEP. The licensed manager may not remove any state-owned equipment
				  from the facility.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 19 Ok Reg 1838, eff 7-1-02; Amended at 22 Ok Reg
					 2222, eff 7-1-05; Amended at 29 Ok Reg 1447, eff
					 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 5 - STATE LICENSING AGENCY RESPONSIBILITY FOR BUSINESS ENTERPRISE OPERATIONS › Section 612:25-4-26 - Maintenance and replacement of business enterprise equipment

Current through Vol. 41, No. 20, July 1, 2024
The SLA shall maintain, or cause to be maintained, all
					 business enterprise equipment in good repair and in an attractive condition and
					 shall replace or cause to be replaced worn-out and obsolete equipment as
					 required to ensure the continued successful operation of the business
					 enterprise.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 22 Ok Reg 2222, eff 7-1-05; Amended at 29 Ok Reg
					 1447, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 5 - STATE LICENSING AGENCY RESPONSIBILITY FOR BUSINESS ENTERPRISE OPERATIONS › Section 612:25-4-28 - Method of payment for initial stock [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Revoked at 29 Ok Reg 1447, eff
					 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 5 - STATE LICENSING AGENCY RESPONSIBILITY FOR BUSINESS ENTERPRISE OPERATIONS › Section 612:25-4-29 - Failure of licensed manager to repay loan [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Revoked at 29 Ok Reg 1447, eff
					 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 5 - STATE LICENSING AGENCY RESPONSIBILITY FOR BUSINESS ENTERPRISE OPERATIONS › Section 612:25-4-30 - Second merchandise loan [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 19 Ok Reg 1838, eff 7-1-02; Amended at 22 Ok Reg
					 2222, eff 7-1-05; Revoked at 29 Ok Reg 1447, eff
					 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 7 - SUPPORT SERVICES AND WAREHOUSE [Revoked] › Section 612:25-4-40 - Overview of support services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Revoked at 22 Ok Reg 2222, eff
					 7-1-05
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 7 - SUPPORT SERVICES AND WAREHOUSE [Revoked] › Section 612:25-4-41 - Support services personnel [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Revoked at 22 Ok Reg 2222, eff
					 7-1-05
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 7 - SUPPORT SERVICES AND WAREHOUSE [Revoked] › Section 612:25-4-42 - Warehouse operations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Revoked at 22 Ok Reg 2222, eff
					 7-1-05
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-52

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-53 - Assignment and transfer

Current through Vol. 41, No. 20, July 1, 2024
(a)
Assignment.
The State Licensing Agency (SLA) administers a
				  competitive selection process to accomplish the assignment of primary
				  facilities to qualified individuals. The selection process established by the
				  SLA provides that the Elected Committee of Licensed Managers (ECM) is an active
				  participant in the selection of facility managers.
(b)
Transfer.
The SLA, in
				  consultation with the ECM board, may transfer a qualified licensed manager to a
				  different location of similar complexity and income potential when it appears
				  to be in the best interest of the licensed manager and/or the BEP. The SLA
				  notifies the licensed manager and the ECM board, in writing, by registered or
				  certified mail of the transfer and the grounds for the transfer. The transfer
				  policy cannot be used to circumvent the competitive selection process.
(c)
Displaced Licensed
				  Manager.
(1) A Displaced Licensed
				  manager will have up to one (1) year to make application for a BEP facility
				  that is comparable to his or her displaced facility.
(2) A Displaced Licensed Manager will be
				  given 15 bonus points in the next interview selection for a permanent placement
				  in a BEP facility that is relatively comparable in complexity, financially and
				  if possible, geographically.
(3) A
				  Displaced Licensed Manager could accept a satellite assigned facility that is
				  not comparable to their recent displaced facility without surrendering their
				  displaced bonus points and status.
(4) Should the Displaced Licensed Manager
				  elect to accept the assigned satellite as his or her primary placement
				  facility, then that Displaced Licensed Manager would surrender the displacement
				  status with the agreement from the SLA and ECM.
(5) The SLA will consult with the ECM Chair
				  to determine beginning and expiration date of eligibility of the Displaced
				  Licensed Manager and provide notice in the Licensed Managers preferred format.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-54 - Business enterprise vacancy announcement

Current through Vol. 41, No. 20, July 1, 2024
(a) The procedure for announcing business
				  enterprise openings is a mail out to all licensed managers, licensed employees,
				  and licensees .
(b) The
				  announcement period will be at least ten working days.
(c) If available, the information in (1)
				  through ( 10) of this Subsection will be contained on each announcement.
(1) type of business enterprise;
(2) estimated number of employees in the
				  building and/or traffic flow unless security considerations prohibit release of
				  such information;
(3) location of
				  the business enterprise;
(4)
				  classification;
(5) average gross
				  sales as reported on monthly report for the previous 12 months;
(6) for a new business enterprise, estimates
				  of monthly gross sales based upon potential patronage, with disclaimer this
				  estimate is not a guarantee of sales;
(7) application due date;
(8) name and telephone number of the BEP
				  business consultant;
(9) name and
				  telephone number of the current manager ; and
(10) a copy of an OTC Form A 100.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-55 - Qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to
				  apply for manager placement an individual must hold a license issued by the
				  State Licensing Agency (SLA). In addition, the SLA requires experience in the
				  program before an individual will be considered eligible to apply for "A" or
				  "B" classification business enterprises with the exception of (b) of this
				  section. Certified graduates of the BEP Training Program are only eligible to
				  apply for Classification "C" or "D" facilities with the exception of (b) of
				  this section. A location new to the BEP program is to be classified "C" for the
				  initial 90 days of operation. The BEP Operations Coordinator, in consultation
				  with the ECM Chairperson, will determine the need for any experience
				  requirements.
(b) Applicants who
				  qualify for the next lower classification will be considered for interview when
				  no qualified applicants apply for a classification "A" or "B" facility
				  announcement when it is deemed appropriate to do so by the BEP Operations
				  Coordinator in consultation with the ECM Chairperson.
(c) Experience requirements for each
				  classification are:
(1) Classification A.
				  Applicants will be restricted to individuals who have a minimum of three (3)
				  years total experience in an Oklahoma Business Enterprise including a minimum
				  of one (1) year of management experience.
(2) Classification B. Applicants will be
				  restricted to individuals who have a minimum of two (2) years total experience
				  in an Oklahoma Business Enterprise, including a minimum of six (6) months of
				  management experience.
(3)
				  Classification C. No experience required, except on new locations as deemed
				  appropriate by the BEP Operations Coordinator in consultation with the ECM
				  Chairperson.
(4) Classification D.
				  No experience required.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-56 - Applications

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications
				  must be received in the BEP Headquarters by the deadline date and time in order
				  to be considered. The applications may be mailed, emailed, faxed, or hand
				  delivered.
(b) Applications
				  received by the announcement expiration date and time are reviewed to determine
				  if the applicant meets the basic qualifications.
(c) All eligible applicants will be scheduled
				  for an interview with the Selection Committee. Applicants who do not meet the
				  basic qualifications will be notified in writing.
(d) Included with each application on OTC
				  form A-100, Disclosure of Tax Information Authorization, will be completed and
				  submitted. This form will be used to accomplish a one-time inquiry as to their
				  sales tax and tax permit status. This form will be issued with the facility
				  announcement.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 22 Ok Reg 2222, eff 7-1-05; Amended at 29 Ok Reg
					 1447, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-57 - Applicant Selection Committee

Current through Vol. 41, No. 20, July 1, 2024
Selection Committee.
The Selection Committee
					 shall be established and convened by the SLA. The Selection Committee will
					 consider applicants for assignment. The Selection Committee shall make
					 recommendation(s) to the BEP Operations Coordinator or designee. The BEP
					 selection committee is chaired by the BEP Operations Coordinator or designee.
					 Members include two members of the SLA staff, the area member of the ECM or
					 alternate and the chairperson of the ECM or alternate (vice-chair or secretary
					 or another member of the ECM, in order). If no member of the ECM can serve in
					 either capacity the BEP Operations Coordinator shall poll the licensed managers
					 to complete the committee. No person can serve on the selection committee who
					 has a conflict of interest or is related to an applicant.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 16 Ok Reg 1713, eff 4-13-99 through 7-14-00
					 (emergency)1; Amended at 19 Ok Reg 1838, eff 7-1-02;
					 Amended at 22 Ok Reg 2222, eff 7-1-05; Amended at 29 Ok Reg 1447, eff
					 7-1-12
1This emergency action expired
					 without being superseded by a permanent action. Upon expiration of an emergency
					 amendatory action, the last effective permanent text of the Section is
					 reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of the
					 emergency action), the text of 612:25-4-57 reverted back to the permanent text
					 that became effective on 7-1-97, as was last published in the 1999 OAC
					 Supplement, and remained as such until amended by permanent action on
					 7-1-02.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-58 - Annual and Performance Evaluations

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  The BEP will conduct an annual evaluation of each licensed manager at the end
				  of each calendar year. Performance evaluations will be conducted when a manager
				  applies for a facility or when a probationary period ends. All evaluations will
				  be based on data collected from the manager's primary assigned facility and
				  will consist of the previous twelve (12) working month's information. If a
				  Licensed Manager does not have a primary facility, the satellite facility will
				  be used (in accordance with BEP
				  612:25-4-53(c)(1-5).
				  The Licensed Manager will be advised of the results of any evaluation in
				  writing. The manager will be evaluated in the following areas:
(1) Tasks/responsibilities
(A) Timely submission and accuracy of all
				  required monthly reports and payments (set-aside and merchandise loan payments,
				  if applicable).
(B) Accurately
				  calculated gross profit percentage reported on monthly reports.
(C) Accurately calculated net profit
				  percentage reported on monthly reports.
(D) Maintenance of an acceptable level of
				  merchandise inventory (including preventing the merchandise levels from falling
				  below any outstanding merchandise loan balance).
(E) Attendance at Agency and other certified
				  training.
(F) Attendance at
				  Quarterly ECM Meetings.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-60 - Ninety day replacement

Current through Vol. 41, No. 20, July 1, 2024
If the licensed manager defaults on the Manager's Agreement
					 for any reason (i.e. resignation, removal by the SLA or death) during the first
					 90 days from the date of selection, the BEP Operations Coordinator will,
					 following such default and completion of any resulting due process action,
					 offer the business enterprise to the applicant who ranked second of th in the
					 previous selection process. If the second person decides to remove his/her name
					 from consideration, it will be offered to the next applicant with the highest
					 accumulated points. In the event of a tie, or there are scores within five (5)
					 points of the now highest ranking score, the procedures identified in 612:
					 25-4-59 will be followed. This procedure will be exercised until a qualified
					 licensed manager accepts the business enterprise. If all the applicants have
					 removed their names from consideration, a determination will be made by the BEP
					 Operations Coordinator, in consultation with the ECM Chairperson, to combine,
					 remove, re-announce, or satellite the business enterprise.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 22 Ok Reg 2222, eff 7-1-05; Amended at 29 Ok Reg
					 1447, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-61 - Satellite business enterprise locations

Current through Vol. 41, No. 20, July 1, 2024
(a) A business enterprise facility will be
				  considered a satellite and may be assigned to a licensed manager on a temporary
				  basis when:
(1) the regular selection process
				  does not produce a permanent licensed manager,
(2) a licensed manager has been removed by
				  the SLA, or
(3) when a business
				  enterprise is vacated by a Licensed Manager without giving the SLA at least 30
				  days notice.
(4) when notification
				  of a new business enterprise is received by the SLA from a federal, state,
				  county or private entity with less than a 30 day notice.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 9 - ASSIGNEMENT OF LICENSED MANAGERS › Section 612:25-4-62 - Vending machine income

Current through Vol. 41, No. 20, July 1, 2024
Collection, distribution and use of income from vending
					 machines on Federal property shall be governed by applicable Federal rules.
					 Income from non-Federal property will follow the same rules.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 29 Ok Reg 1447, eff
					 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 11 - BUSINESS ENTERPRISE PROGRAM AUDITING AND DUE PROCESS › Section 612:25-4-72 - Audits

Current through Vol. 41, No. 20, July 1, 2024
The SLA reserves the right to develop audit procedures with
					 active participation of the ECM. The SLA reserves the right to conduct audits,
					 including the use of third party auditors. The licensed manager will be given a
					 30 calendar day written notice.
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 22 Ok Reg 2222, eff
					 7-1-05
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 11 - BUSINESS ENTERPRISE PROGRAM AUDITING AND DUE PROCESS › Section 612:25-4-73 - Due process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Due
				  process overview.
The SLA provides procedures for fair hearings of
				  licensed managers' grievances. These procedures provide each licensed manager
				  the opportunity to seek remediation of dissatisfaction with any SLA action
				  arising from the operation of the BEP.
(b)
Informal administrative
				  review.
It is the policy of the SLA to resolve complaints in an
				  expeditious and facilitative manner. These resolutions shall be accomplished
				  through the informal administrative review process whenever possible. A
				  licensed manager has the right to request a full evidentiary hearing at any
				  time within established due process time lines. These timelines are identified
				  later in this policy.
(1) Informal
				  administrative reviews are conducted by the SLA staff person closest to the
				  problem who was not involved in the action resulting in the complaint, and who
				  can resolve the complaint in the most expeditious manner.
(2) The informal administrative review is to
				  be completed within 30 calendar days of receipt of the complaint to the
				  appropriate SLA staff person.
(3)
				  The results of the informal administrative review are to be reported in writing
				  within 15 calendar days to the BEP Operations Coordinator, with a copy going to
				  the licensed manager affected.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 11 - BUSINESS ENTERPRISE PROGRAM AUDITING AND DUE PROCESS › Section 612:25-4-74 - Probation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 1472, eff 7-1-97; Amended at 22 Ok Reg 2222, eff 7-1-05; Revoked at 29 Ok Reg
					 1447, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 11 - BUSINESS ENTERPRISE PROGRAM AUDITING AND DUE PROCESS › Section 612:25-4-75 - Arbitration of complaints after the evidentiary hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The licensed manager has the right to
				  file a request for arbitration with the Secretary (USDE) if dissatisfied with
				  the outcome of the evidentiary hearing. By filing a complaint with the
				  Secretary, the licensed manager consents to the release of information
				  necessary for the conduct of an ad hoc arbitration panel.
(b) The complaint must be filed in writing
				  and must contain:
(1) a statement of the
				  grievance;
(2) the date and place
				  of the full evidentiary hearing;
(3) a copy of the decision and what actions
				  have been taken because of the decision;
(4) the part of the decision which is causing
				  the dissatisfaction and reason for the dissatisfaction; and
(5) a statement as to what is required to
				  remedy the situation.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 4 - The State Licensing Agency › Part 11 - BUSINESS ENTERPRISE PROGRAM AUDITING AND DUE PROCESS › Section 612:25-4-76 - Arbitration of SLA complaints against federal agencies

Current through Vol. 41, No. 20, July 1, 2024
The SLA is to resolve problems related to the operation of
					 a business enterprise with the full participation of the licensed manager and
					 the appropriate property manager. The SLA may file a complaint with the
					 Secretary (USDE) if it determines that an agency controlling Federal property
					 is not complying with the provisions of the Randolph-Sheppard Act or U.S.
					 Department of Education regulations. After the complaint is received, the
					 Secretary will convene an arbitration panel. If the panel finds that the
					 Federal agency is in violation of the Act or USDE regulations, that Federal
					 agency will be notified that it is expected to correct the violation according
					 to 20 U.S.C. 107d-2. The
					 Secretary pays the reasonable costs of this arbitration. The decision resulting
					 from the arbitration will be published in the Federal Register. The arbitration
					 panel will be convened by the Secretary in accordance with (1) through (4) of
					 this Subsection.
(1) The SLA will
				  designate one member of the panel.
(2) The agency controlling the Federal
				  property over which the dispute arose will designate one member of the
				  panel.
(3) The designees of the SLA
				  and the agency controlling the property will designate a third member who is
				  not an employee of the agency controlling the Federal property. This member
				  will chair the panel.
(4) If either
				  the SLA or the head of the Federal department, agency, or instrumentality fails
				  to designate a member of an arbitration panel, the Secretary shall designate
				  such member on behalf of such party.
Added at 14 Ok Reg
					 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 5 - Program Operation and Procedures [Revoked] › Section 612:25-5-1 - Mission of the Vending Facility Program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 5 - Program Operation and Procedures [Revoked] › Section 612:25-5-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 5 - Program Operation and Procedures [Revoked] › Section 612:25-5-3 - Objectives of the Vending Facility Program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 25 - Business Enterprise Program › Subchapter 5 - Program Operation and Procedures [Revoked] › Section 612:25-5-4 - Eligibility [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4661,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2479, eff 7-1-94; Revoked at 14 Ok
				  Reg 1472, eff 7-1-97