reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › VENDOR SELECTION › Section 2430.32 - Qualified vendor certificate

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The qualified vendor certificate states
					 that the named vendor has completed the educational and training requirements
					 for the Business Enterprise Program (BEP) and is qualified to operate a BEP
					 facility. The certificate is valid for an indefinite period and may be revoked
					 only for cause, or if the vendor leaves the program-see §
											2430.161 (relating to disciplinary
					 action). The vendor must receive a written advance notice of 30 calendar days
					 if the Office of Blindness and Visual Services (BVS) decides to revoke the
					 certificate. The vendor must be afforded the opportunity for an appeal and fair
					 hearing in accordance with §§
											2430.201-2430.203 (relating to fair hearing
					 procedure).
(b) During the 30-day
					 period, the vendor may ask BVS to reconsider the revocation of the certificate.
					 BVS may reinstate the vendor's certificate after satisfactory compliance with
					 conditions mutually agreed upon by the vendor and the district manager, if it
					 is determined that necessary correction to the operation of the facility has
					 been made or that an agreed plan of correction will be implemented.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.41 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Blindness and Visual Services (BVS) will
						advertise vacancies with a request for submission of bids to fill the vacancy.
						Upon receipt of the bids, the process outlined in §§
											2430.42-2430.52 (relating to advertisement
						of a facility vacancy) will be followed until the senior vendor or qualified
						trainee is awarded the facility.
This section cited in 55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.42 - Advertisement of vacancy

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
											2430.81 and
						2430.82 (relating to district
						office roster), the Office of Blindness and Visual Services (BVS) will notify
						qualified vendors and qualified trainees of a vacancy. The notification is by a
						standard letter accompanied by a bid proposal form and detailed information
						regarding the facility and instructions for action to be taken by interested
						vendors/trainees. The letter includes, but is not limited to, information about
						location, sales volume, and hours of operation.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.43 - Reply to advertisement of vacancy

Current through Register Vol. 54, No. 28, July 13, 2024
To bid for an advertised vacancy, a vendor/trainee shall
						return to the Office of Blindness and Visual Services (BVS) the completed bid
						proposal. The completed bid must be received by the date indicated in the
						advertisement. BVS will not consider a reply received after the indicated date,
						regardless of the reasons for its late arrival. At the option of the
						vendor/trainee, the completed bid and accompanying statement may be returned by
						registered, certified, or regular first class mail.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.44 - Visits to the advertised facility

Current through Register Vol. 54, No. 28, July 13, 2024
Before reply to a bid advertisement the vendor/trainee
						may visit the advertised facility at a time arranged by the appropriate
						district office, which will assign a district business enterprises agent to
						conduct the visit and answer questions regarding the operation of the facility.
						The visit must be conducted with a minimum of disturbance to the routine
						operation of that facility.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.45 - Bid for award of facility

Current through Register Vol. 54, No. 28, July 13, 2024
Returned bids will constitute an unconditional offer to
						accept award of the advertised vacancy. The bids will be opened at the
						advertised time. In awarding the facility, the Office of Blindness and Visual
						Services (BVS) will consider the following:
(1) The position on the promotion
					 roster.
(2) The seniority in the
					 program.
(3) The promptness in
					 filing daily and monthly reports and timely payments of rental fees.
(4) The seniority as a qualified
					 vendor.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  and 55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.46 - Notice of award

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Blindness and Visual Services (BVS) will
						notify the vendor or trainee, in writing, of the award and its effective date.
						Acceptance of the bid offer and the award of the facility constitute a legally
						binding contract between the vendor/trainee and BVS. A copy of the award letter
						is distributed to vendors/trainees who bid for the facility.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.47 - Issuance of license

Current through Register Vol. 54, No. 28, July 13, 2024
After the contract between the vendor/trainee and the
						Office of Blindness and Visual Services (BVS) has been made, BVS will issue a
						license for operation of the facility. The license is valid until revoked by
						BVS upon cancellation of the contract-see §
											2430.50 (relating to cancellation
						of facility contract). The license is restricted to the operation by a specific
						vendor of a specific facility. A new license is issued for a transfer or
						promotion of the vendor.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.48 - Failure to implement contract

Current through Register Vol. 54, No. 28, July 13, 2024
The award of the contract is irrevocable. The Office of
						Blindness and Visual Services (BVS) may allow cancellation if the vendor is
						placed on medical leave for at least 3 months. Another failure of the vendor to
						implement the contract shall result in the vendor being suspended from receipt
						of bid proposals for future vacancies. The vendor's suspension shall be for 1
						year from the date of the letter of award, after which time the vendor may make
						a written request to again receive bid proposals.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.49 - Restriction after award of facility

Current through Register Vol. 54, No. 28, July 13, 2024
After the award of a facility and for a period of 9
						months beginning on the first day of its operation, the vendor shall be
						eligible for award of another facility only if his bid is the only one
						received. In the event that two or more bids are received from nonrestricted
						vendors, the vendor with the most seniority shall receive the award.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.50 - Cancellation of a facility contract

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Other than under the conditions set forth
					 in §
											2430.48 (relating to failure to
					 implement contract), the Office of Blindness and Visual Services (BVS) may
					 cancel a contract only in the following instances:
(1) Gross misconduct or mismanagement of the
					 facility.
(2) Request of the owner
					 of the premises on which the facility is located.
(3) Incapacity of the vendor for an extended
					 period of time to the extent that the vendor cannot conduct the affairs of the
					 facility.
(4) Restoration of
					 vendor's sight to better than legal blindness, which is the basis of
					 eligibility for participation in the Business Enterprises Program (BES)-see
					 §
												2430.3 (relating to
					 definitions).
(5) Voluntary
					 withdrawal or resignation from the program by the vendor.
(6) Violation of a portion of this
					 chapter.
(7) Violation of
					 applicable State or Federal statutes.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.51 - Promotion roster

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application for entry to promotion roster.
Vendors may apply
					 in writing to the district manager for entry to the roster. The letter must
					 include:
(1) The date of the vendor's initial
					 assignment and first day of work as the operator of a facility.
(2) The section of the promotion roster, that
					 is, Statewide, Statewide east, Statewide west, for which the vendor wishes to
					 be considered.
(3) A statement of
					 special conditions applicable to the vendor or the facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ADVERTISEMENT OF FACILITY VACANCY › Section 2430.52 - Seniority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The vendors on
					 the roster shall be listed in order of seniority. Seniority is based on the
					 length of actural operation of a facility and calculated from the date of the
					 first daily report-less time absent for medical leave. Seniority will accrue at
					 other times the vendor participates in the program and will be discontinued
					 only when the vendor voluntarily leaves or is removed from the program. The
					 seniority acquired prior to medical leave will be restored to the vendor upon
					 return to the program; however, prior seniority may not be restored if the
					 vendor returns after removal or voluntarily leaving.
(b) Commonwealth blind veterans shall be
					 given first preference for vending stand locations within the
					 Commonwealth.
This section cited in 55 Pa. Code §
													2430.41 (relating to generally);
						  55 Pa. Code §
													2430.71 (relating to placement on
						  roster); and 55 Pa. Code §
													2430.91 (relating to
						  generally).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › DISPLACED VENDORS › Section 2430.61 - Placement on list

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A vendor who
					 is forced by circumstances beyond his control to discontinue operation of the
					 assigned facility is placed on the displaced vendors list.
(b) Operation of a facility may be
					 discontinued for several reasons such as diminished activity, demolition of the
					 site of the facility, or substantial change in the characteristics of the site
					 due to the relocation or closing of adjacent sources of customers.
(c) The vendor on the displaced vendors list
					 shall retain all benefits and privileges held at the time of displacement,
					 including listing on the promotion roster if otherwise eligible and shall
					 accrue seniority in the usual manner for 1 year following the date of
					 displacement.
(d) The displaced
					 vendor shall be eligible for immediate award of a facility for a period of 30
					 months after the date of displacement. After this 30 month period, the Office
					 of Blindness and Visual Services (BVS) will suspend his qualified vendor
					 certificate pending retraining and orientation.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › DISPLACED VENDORS › Section 2430.62 - Reinstatement of displaced vendor

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Blindness and Visual Services (BVS) will
						notify the displaced vendor by letter 30 days prior to the date for suspension
						of the qualified vendor certificate. The notice will advise the vendor that
						continued participation in the program requires retraining at a site agreed to
						by the vendor and BVS. The retraining shall consist of activities mutually
						determined by the vendor and BVS as being necessary to prepare the vendor for
						immediate award of an available facility. The displaced vendor shall accrue
						appropriate seniority while in training provided training is successfully
						completed. Upon successful completion of training, the suspension of the
						qualified vendors certificate is removed, and the vendor reinstated to the
						displaced vendors list.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › QUALIFIED TRAINEE ROSTER › Section 2430.71 - Placement on roster

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Graduates of the vendor training program who are not assigned to a facility at
					 the completion of training are placed on the qualified trainee roster. The
					 roster is maintained to identify the special status of the unassigned trainee
					 and to permit easy referral of vacancies to the trainee, based on the date of
					 his signature on the IWRP. Upon successful completion of the training program,
					 the Office of Blindness and Visual Services (BVS) will certify the trainee to
					 the qualified trainee roster so that he will receive advertisements of a
					 vacancy. The award of a facility to the qualified trainee is made in accordance
					 with §§
											2430.41-2430.52 (relating to placement as
					 a vendor in facility) and §§
											2430.81 and
					 2430.82 (relating to district
					 office roster).
(b) The qualified
					 trainee shall be removed from the qualified trainee roster after failure to bid
					 on three specific opportunities for the award of an available facility within
					 the district in which the trainee resides.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › DISTRICT OFFICE ROSTER › Section 2430.81 - Maintenance of list

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Office
					 of Blindness and Visual Services (BVS) will maintain a roster of qualified
					 vendors within the district. The roster will consist of:
(1) Vendors who are assigned to facilities
					 within the district.
(2) Displaced
					 vendors who are residents of the district.
(3) Unassigned qualified trainees who are
					 residents of the district.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › DISTRICT OFFICE ROSTER › Section 2430.82 - Advertisement of facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Office of Blindness and Visual Services (BVS) will advertise an operating
					 facility with gross sales of $4,800 or less per month which becomes vacant only
					 in the district in which it is located. BVS will advertise the vacancy to
					 vendors on the district roster. The award is made in the same manner as for the
					 Statewide roster.
(b) If no bids
					 are received for the facility, BVS will review the operation of the facility
					 and its potential for substantial increase in gross sales. Upon a conclusion
					 that there is no potential for substantial increased earnings BVS may close and
					 remove the facility from the premises.
This section cited in 55 Pa. Code §
													2430.71 (relating to placement on
						  roster).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › SATELLITE FACILITY › Section 2430.91 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A satellite
					 facility is one operated by a vendor at the same time that the vendor is
					 operating another assigned facility.This situation may occur when no qualified
					 vendor, displaced vendor, or qualified trainee accepts award of a
					 vacancy.
(b) The Office of
					 Blindness and Visual Services (BVS) will advertise a vacant satellite facility
					 within the district in which it is located. The letter is the standard one used
					 for vacancies with a statement added to note that the offer is for a satellite
					 facility. The special conditions of the satellite shall be noted in the letter
					 as follows:
(1) The satellite operation is a
					 temporary condition with the vendor being assured of the assignment for at
					 least 90-consecutive days before a further action may be taken regarding the
					 assignment. An action within the 90-day period may be taken only after
					 appropriate notice to the vendor operating the satellite.
(2) The vendor shall apportion his time
					 between the two facilities as necessary to assure proper operation of both
					 facilities. Consideration shall be given to vendors who apply; however, a basic
					 consideration for selection shall be the proximity of the satellite to the base
					 location of the vendor in order that the shared time between the facilities is
					 practical and efficient.
(3) The
					 satellite shall be assigned by the regular promotion procedure with primary
					 consideration being given to the senior interested vendor in good
					 standing.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › SATELLITE FACILITY › Section 2430.92 - Termination of satellite operation

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Blindness and Visual Services (BVS) will
						terminate the satellite operation as soon as possible following the award of
						the facility to a qualified vendor or trainee. BVS will notify the vendor who
						is operating the satellite facility that he must vacate the facility within 30
						days of the date of the award. The vendor may vacate the satellite at an
						earlier date if agreed with the person to whom the satellite is
						awarded.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › OPERATION OF FACILITY › Section 2430.101 - Standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The vendor
					 shall operate the facility in the manner necessary to achieve the goal of
					 economic independence. The items to be sold and their sales price are to some
					 extent determined under the agreement with the owner; however, the vendor shall
					 have sufficient flexibility within those limitations to make an adequate
					 profit. The vendor shall establish controls over sales and expenses necessary
					 to produce a reasonable profit. An assigned business enterprises agent from the
					 Office of Blindness and Visual Services (BVS) shall advise and counsel the
					 vendor; however, final decisions shall be made by the vendor.
(b) The vendor shall be physically present
					 whenever possible to the facility to provide full-time supervision and to
					 operate the facility in accordance with the following standards:
(1)
Generally.
The vendor
					 shall comply with applicable Federal, State, and local statutes and
					 regulations.
(2)
Facility
					 standards.
The facility shall be attractive, clean, and sanitary and
					 meet the following standards:
(i)
Attractive atmosphere.
The interior must be well lighted, with
					 convenient access to service points and movable equipment placed to produce a
					 pleasant and visually-pleasing effect.
(ii)
Cleanliness.
Surfaces
					 must be free from dust and litter, with furniture and displays neatly arranged,
					 in good repair and free of stains and discoloration. Waste containers must be
					 conveniently placed and free of litter overflow, stains, grease, and unpleasant
					 odors.
(iii)
Sanitary
					 conditions.
Food preparation areas and accessories must be clean and
					 free of objects other than food being prepared. Food preparation vessels and
					 utensils must be free of dirt, grime, stains, and discoloration and stored in
					 protected areas; garbage and trash disposal must be made in clean containers in
					 a protected area without litter overflow and free of noxious
					 odors.
(3)
Personnel.
Staff must be neatly groomed and display pleasant
					 demeanor with customers and visitors. Uniforms are encouraged but not
					 required.
(4)
Management.
Reports, with supporting records, payment for
					 goods and services, with supporting receipts, and request for maintenance and
					 repair of equipment must be timely. The stock must be adequate and of
					 appropriate variety. Service must be effective and timely.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › OPERATION OF FACILITY › Section 2430.102 - Pricing policy for facility

Current through Register Vol. 54, No. 28, July 13, 2024
The successful operation of a facility requires at a
						minimum a 40% gross 20% net profit to provide gainful employment for the
						vendor. The competitive factors involved and the economic factors related to
						the profitable operation of the facility along with the needs of the owner
						shall be the basis for the determination of prices. The Office of Blindness and
						Visual Services (BVS) will provide intensive assistance to a vendor who
						consistently operates below the stated profit margin. If the persistent efforts
						of the vendor and the staff fail to raise the level of profits, BVS will
						consider closing the facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › OPERATION OF FACILITY › Section 2430.103 - Operating expenses

Current through Register Vol. 54, No. 28, July 13, 2024
The vendor shall contract for only those expenses
						necessary for the safe and efficient operation of the facility. The allowable
						operating expenses include wages, utilities, fees for services directly related
						to operation of the facility, insurance, and taxes. Expenses must be paid on a
						cash-or check-basis with an exception permitted only with the express approval
						of the Office of Blindness and Visual Services (BVS).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › OPERATION OF FACILITY › Section 2430.104 - Wages

Current through Register Vol. 54, No. 28, July 13, 2024
Wages paid to the employes of the facility must conform
						to the appropriate Federal and State statutes and to the standards of the
						community in which the facility is located. Wages which grossly exceed those
						for similar type employment in a given community will be disallowed as an
						allowable operating expense and will be reduced to the standard rate for
						determination of net profit and related rental fees.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › OPERATION OF FACILITY › Section 2430.105 - Insurance

Current through Register Vol. 54, No. 28, July 13, 2024
The vendor shall carry public and product liability,
						workers compensation, and other necessary insurance to protect the vendor, the
						vendor's employes, and the Office of Blindness and Visual Services (BVS)
						against claims or losses arising from the operation of the facility. The
						insurance shall be in a reasonable amount, as agreed between the vendor, the
						owner, and BVS, and cover the normal activities related to the operation of the
						facility. The certificate of insurance shall be maintained in the appropriate
						district office.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › OPERATION OF FACILITY › Section 2430.106 - Gross income

Current through Register Vol. 54, No. 28, July 13, 2024
The vending facility must be operated on a cash basis
						with income and expenses including vending machine and lottery income, being
						maintained in cash except for credit accounts which may be authorized by the
						Office of Blindness and Visual Services (BVS). Sales must be for cash with any
						rebate, commission, or bonus received by the vendor being reported as cash
						income. Merchandise taken from the stock in trade for personal use of the
						vendor is also considered a cash sale at cost price and must be reported as
						cash income for computation of net proceeds.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › OPERATION OF FACILITY › Section 2430.107 - Budgeting and accounting

Current through Register Vol. 54, No. 28, July 13, 2024
The vendor shall conduct the facility in accordance with
						standard business practices. This includes maintaining an accounting system.
						The exact amount of income and expenditures must be recorded along with their
						source or destination. The system must be organized to provide the information
						required for the monthly report and other financial reports required by
						Federal, State, and local statutes and regulations. See §§
						2430.111-2430.115 (relating to reports).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › OPERATION OF FACILITY › Section 2430.108 - Audit of operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 vendor may retain a licensed certified accounting firm to conduct an audit.
					 Audits are suggested annually. The cost of an audit is an allowable operating
					 expense.
(b) The vendor shall
					 require the auditor to review the operation of the facility in detail with a
					 complete analysis and reconciliation of recorded income and expenditures. The
					 purchase of goods and their sales shall be examined and reconciled; the
					 expenditures supported by invoice as well as those not so supported such as
					 wages shall also be examined. The personal activities related to the operation
					 of the facility also shall be reviewed to present a complete description of the
					 operation of the facility.
(c) The
					 operation of a facility may also be audited at the discretion of the Department
					 or the Auditor General in accordance with existing statutes and regulations. In
					 the event of a scheduled audit by either organization, the vendor shall be
					 notified and shall provide convenient access to appropriate records and
					 reports.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › REPORTS › Section 2430.111 - Daily reports

Current through Register Vol. 54, No. 28, July 13, 2024
The daily reports, Form OB 112, is a mandatory report of
						the financial transactions for each day of operation of a facility. The vendor
						shall complete applicable items of the report each day and collect and submit
						the reports on a weekly basis. The weekly collection of reports shall be
						forwarded to the district office in time to reach that office on or before
						Wednesday of the week following that covered by the reports. When a week
						extends into the subsequent month, the weekly collection of reports shall be
						submitted in the usual manner. It is not necessary to split the daily reports
						into a group for each month.
(b)
					 Failure to complete and submit the reports in a timely fashion will result in
					 disciplinary action including a written reprimand, probation, or possible
					 dismissal from the program. See §
											2430.171 (relating to daily
					 report).
This section cited in 55 Pa. Code §
													2430.107 (relating to budgeting
						  and accounting).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › REPORTS › Section 2430.112 - Monthly report

Current through Register Vol. 54, No. 28, July 13, 2024
The Department prepares a summary of the daily reports at
						the end of each month for each facility in the form of the monthly income
						statement, Form OB-113. The statement consists of a summary of each item of the
						daily report and the calculation of the gross profit and net proceeds which
						serves as the basis for computing the monthly charges due from the vendor. The
						statement also provides the data which indicate the progress or lack of
						progress in the operation of a facility and is used to devise remedies to
						improve the operation and profit of the facility. See §
											2430.171 (relating to daily
						report).
This section cited in 55 Pa. Code §
													2430.107 (relating to budgeting
						  and accounting).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › REPORTS › Section 2430.113 - Equipment inventory reports

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Blindness and Visual Services (BVS) must
						maintain a record of the equipment it has placed in the facility. This record
						shall be compiled by the district office and signed by the vendor and the
						business enterprises agent, with a copy of the signed report forwarded to the
						central office for review and approval. Equipment reported damaged or missing
						shall be replaced or repaired by the office with payment determined by mutual
						agreement between the vendor and the district under the procedure in §
											2430.132 (relating to repair of
						equipment).
This section cited in 55 Pa. Code §
													2430.107 (relating to budgeting
						  and accounting).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › REPORTS › Section 2430.114 - Monthly contact report

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Office of Blindness and Visual Services (BVS) staff will visit each
					 facility at least once each month. The visit is designed to verify operating
					 conditions, the adequacy of services being provided, the condition and
					 efficiency of the equipment and the need of the vendor for improving the
					 profits of the operation.
(b) BVS
					 staff will complete a contact report on each visit, which shall be signed by
					 the vendor. The signature of the vendor shall not be considered an approval or
					 acceptance of findings of the report, but is intended only as an
					 acknowledgement of the fact that a visit was completed.
This section cited in 55 Pa. Code §
													2430.107 (relating to budgeting
						  and accounting).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › REPORTS › Section 2430.115 - Records maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 vendor shall maintain appropriate records for the Internal Revenue Service,
					 State and local taxing bodies and other Federal, State and local agencies which
					 mandate the maintenance of certain records, see §§
											2430.101-2430.108 (relating to operation of
					 a facility). The required records include, but are not limited to:
(1) Payroll records including gross salary,
					 fringe benefits, if any, and payroll tax deductions.
(2) Payment records supported by related
					 orders, invoices and receipts.
(3)
					 Sales records supported by price lists and inventory reports.
(4) Bank records which substantiate the
					 transactions noted in paragraphs (1)-(3).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › RENOVATION OF FACILITY › Section 2430.121 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
Renovation of facilities is done by the Office of
						Blindness and Visual Services (BVS) according to its schedule. Renovation
						includes a review of the construction of the stand, replacing obsolete and worn
						equipment, and generally rearranging the stand as necessary, according to the
						stated needs of the vendor. A vendor may request renovation prior to its
						scheduled time.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › RENOVATION OF FACILITY › Section 2430.122 - Notice of renovation

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Blindness and Visual Services (BVS) will
						notify the vendor by memorandum that the facility is scheduled for renovation
						during the next 6 months. BVS staff prepares the plans for renovations in
						cooperation with the vendor and the owner. The final plans shall be approved
						and signed by the vendor and the owner. BVS then completes renovations in
						accordance with the procedure for the initial design and construction of the
						facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ROUTINE MAINTENANCE AND REPAIRS › Section 2430.131 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Office of
					 Blindness and Visual Services (BVS) will provide for the routine repair and
					 maintenance of the equipment placed in the facility. Upon establishment of a
					 facility, the completed inventory of equipment is used to establish a
					 maintenance schedule for the equipment which includes the replacement
					 date.
(b) BVS will replace the
					 equipment as indicated by the replacement date or at the next scheduled
					 renovation of the facility, whichever is the most economical and makes the
					 greater contribution to the benefit of the vendor.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › ROUTINE MAINTENANCE AND REPAIRS › Section 2430.132 - Repair of equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 vendor shall immediately notify the district office when equipment repairs are
					 required.
(b) The Office of
					 Blindness and Visual Services (BVS) in cooperation with the vendor shall
					 arrange for necessary emergency repairs. If emergency repairs are not required,
					 BVS shall arrange with the vendor to inspect the item needing repair to
					 determine whether to repair or replace it. If the repairs are estimated to cost
					 $50 or less, the district office will authorize the vendor to have the repairs
					 made with the payment from the daily receipts. The vendor shall submit the paid
					 invoice for repairs along with the daily report. BVS will make credit
					 adjustment for the repair cost in the vendor's account.
(c) For repairs which are estimated to cost
					 over $50, BVS will make arrangements in cooperation with the vendor. The vendor
					 shall pay the cost of the repairs if the amount will not disrupt the cash
					 position of the facility. The vendor shall submit the paid invoice to BVS for
					 credit against lease rental charges.
(d) The vendor has the option to order
					 additional minor repairs himself; however, if this option is exercised the
					 vendor shall pay for the repairs, which are considered normal operating
					 expenses.
(e) BVS will provide
					 routine maintenance services through service contracts, and services provided
					 by BVS staff. Additional services may be obtained at the discretion of the
					 vendor; however, these services are considered normal operating expenses to be
					 paid by the vendor.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › LEAVE OF ABSENCE AND ANNUAL LEAVE › Section 2430.141 - Leave of absence

Current through Register Vol. 54, No. 28, July 13, 2024
The vendor is entitled to leave of absence upon the
						approval of the district manager. Approval of the leave shall be based
						primarily on acceptable arrangements being made for the proper operation of the
						vending facility with scheduled services being provided during the absence of
						the vendor. The vendor shall request the leave in writing, noting the type of
						leave requested, the time, place and duration of the proposed leave and the
						arrangements for operation of the facility during the absence of the vendor.
						The vendor shall submit the request at least 5 work days prior to the beginning
						date of the requested leave. Supporting documents may be required depending
						upon the type of leave requested.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › LEAVE OF ABSENCE AND ANNUAL LEAVE › Section 2430.142 - Annual leave

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The vendor
					 after at least 3 years in the program shall be eligible for annual leave for
					 vacation, personal need, or for other reasons which require no justification in
					 the amount of 25 days, including up to 15 consecutive working days for each
					 calendar year. The vendor shall report, in writing if possible, to the district
					 manager an expected absence from the facility in excess of one-half of a usual
					 work day. During the first year in the program the vendor is eligible for up to
					 10 days of annual leave and during the second and third year up to 15
					 days.
(b) An absence for a purpose
					 directly concerned with facility operation is not considered a leave of
					 absence.
(c) Practices, such as
					 persistent outside visits, late arrival and early departure during work hours
					 are allowed only with the express approval of the district manager. These
					 absences which aggregate less than one-half the established work day may be
					 reported and recorded at the district office at the discretion of the district
					 manager except that business absences in excess of 4 days in a calendar month
					 must be reported to the district manager. The district manager shall review the
					 circumstances and decide whether to approve them or take action to require the
					 vendor to spend more time at the facility.
(d) Flagrant abuse of annual leave benefits
					 may result in disciplinary action and possible removal of the vendor from the
					 program.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › SICK AND MEDICAL LEAVE › Section 2430.151 - Sick leave

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon notice
					 to the district manager the vendor is entitled to sick leave for personal
					 illness in the amount of 6 months or 130 work days per calendar year. The
					 vendor shall support a request for sick leave of 5 or more consecutive work
					 days with a doctor's certificate noting the date of the illness and the
					 expected time of recovery. A doctor's certificate may be required for sick
					 leave of fewer than 5 consecutive work days at the discretion of the district
					 manager. The district manager may approve sick leave in excess of 10 days only
					 after appropriate consultation with the district medical consultant. The vendor
					 shall notify the district manager as soon as possible after the onset of
					 illness in order that appropriate action may be taken as necessary to safeguard
					 the interest of the vendor, the Office of Blindness and Visual Services (BVS)
					 and the owner.
(b) Regardless of
					 the nature of the illness and the amount of sick leave involved, care must be
					 exercised in the management of the illness and the leave to assure that the
					 vendor and his customers are not unduly exposed to dangerous disease. The
					 uninterrupted operation of the vending facility is a paramount consideration;
					 however, this operation must be safe for both vendor and customer. The vendor
					 shall report a serious illness to the district manager along with the request
					 for approval of sick leave so that the responsible parties can participate in
					 making appropriate arrangements for the operation of the facility during the
					 absence of the vendor. The district manager shall seek the advice of the
					 district medical consultant, as necessary, to assure that the presence of the
					 vendor at the facility is consistent with proper health care practices as well
					 as to get advice on possible abuse of sick leave benefits. The vendor shall
					 make satisfactory arrangements for the timely submission of daily reports.
					 Flagrant abuse of sick leave benefits may result in disciplinary action and
					 possible removal of the vendor from the program. Payment of the rental fee and
					 continued satisfactory day-to-day operation of the facility during his absence
					 must be assured.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2430 - BUSINESS ENTERPRISES PROGRAM › SICK AND MEDICAL LEAVE › Section 2430.152 - Medical leave

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The vendor
					 is entitled to medical leave, for an illness of longer than 6 months' duration
					 during which time the vendor is unable to be present at the vending facility at
					 least 50% of the normal work week. A request for medical leave shall be in
					 writing, supported by a general medical examination form, OB-R-3, completed at
					 the vendor's expense.
(b) The
					 Office of Blindness and Visual Services (BVS) may grant the vendor medical
					 leave for no longer than 2 years and not less than 3 months. On the date
					 medical leave begins, the vendor shall be removed from the promotion roster and
					 the acquisition of the seniority shall be suspended. BVS, in the usual manner,
					 will advertise and award the facility being operated by the vendor.