Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.4 - DEFINITIONS

Current through June 14, 2024
A. For the purpose of these regulations, the
				  following terms have the following meanings:
1. "Acceptable vending company" means a
				  company who provides automatic vending machine services and who agrees to send
				  to the ORS/SBVI proceeds from the operation of any automatic vending machine on
				  State property as determined and agreed upon pursuant to a contract awarded by
				  the Division of Purchases.
2.
				  "Agency-operated facility" means a facility with no manager: This will
				  typically be a facility that was placed on bid to all eligible Vendor/
				  licensees, and no Vendor/licensee bid to operate the facility. As a result, the
				  S.L.A. may directly manage the facility while seeking placement of a
				  replacement blind Vendor/licensee.
3. "Automatic vending machine" means any
				  machine which automatically dispenses for money, goods, such as, but not
				  limited to, soda, candy, lottery tickets, food, coffee, newspapers, sundries,
				  etc.
4. "Blind vendor/licensee"
				  means an individual who has been licensed to operate a vending facility by the
				  State Licensing Agency, and is actually operating a vending facility, pursuant
				  to a written agreement to operating a vending facility and who has successfully
				  completed all training and a six-(6) month probationary period. The license
				  which an operator receives shall be issued pursuant to the following rules and
				  regulations.
5. "Coffee plus" means
				  the trade name which the State Licensing Agency (S.L.A.) and the RI State
				  Committee of Blind Vendors (RISCOBV) have adopted, which is to be used to
				  describe and market vending facilities at all locations.
6. "Corrective Action Plan" means a written
				  plan developed with the cooperation of the vendor identifying the problems
				  leading to the determination that retraining or other intervention, is
				  necessary and contains the necessary actions/activities to address and resolve
				  the identified issues/deficits. A CAP is established for a reasonable time
				  period and must contain a start and completion date, unless the matter is
				  deemed ongoing (for example - failure to maintain hours or adhere to proper
				  sanitation practices - the expectation is that the correction will be "ongoing"
				  and not limited to a period of time).
7. "Legally blind" means visual acuity found
				  to be 20/200 or less in the individual's better eye with best correction, or
				  visual acuity of better than 20/200 if the widest diameter of the field of
				  vision subtends an angle no greater than twenty degrees (20°).
8. "Operating hours" means the hours that the
				  Blind Vendor or Probationary Graduate is required to be on site and/or directly
				  engaged in tasks directly related to the business. Operating hours are
				  specified in a particular permit, but generally consist of a minimum of forty
				  (40) hours weekly.
9. "Performance
				  standards" means the results of the semi-annual reviews conducted at each
				  licensed vendor's facility.
10.
				  "Primary facility" means a facility that a Vendor/licensee operates as a main
				  facility and will remain assigned to the Vendor/licensee as per the terms of
				  the Operating Agreement and Permit/Contract. To the extent possible, all
				  eligible Vendor/licensees in the program will have a primary
				  facility.
11. "Probationary
				  graduate" means an individual who has successfully completed the training and
				  orientation program, and is operating a facility but is not yet issued a formal
				  Vendor License. A probationary graduate who does attain transfer seniority,
				  however, is not eligible to bid on available facilities until the successful
				  completion of the six (6) month probationary period. A graduate achieves full
				  vendor/licensee status upon successful completion of a six (6) month probation
				  period in operation of a vending facility.
12. "Proceeds" means the vending machine
				  income generated from the operation from an automatic vending machine on State
				  property.
13. "Promotion" means the
				  advancement of a Probationary Graduate to the status of Blind Vendor.
14. "Satellite facility" means a vending
				  facility bid as a satellite and which a Vendor/licensee operates in addition to
				  their primary location. (Such as a vending-only site). Satellites will be
				  awarded according to the standard bidding protocol. A Vendor/licensee must be
				  under an effective operating agreement for a primary facility in order to
				  submit a bid for another facility as a satellite location. No Vendor//licensee
				  will be allowed to assume more than one satellite until all other eligible
				  Vendor/licensees have had the option to assume a satellite.
15. "Secondary facility" means a vending
				  facility bid under the standard protocol, but that is awarded as a secondary
				  site - given there are no Vendor/licensees interested as a primary. Secondary
				  sites are operated in addition to their primary location. (Such as a
				  satellite). A Vendor/licensee must be under an effective operating agreement
				  for a primary facility in order to submit a bid for another facility as a
				  secondary location. No Vendor/licensee will be allowed to assume more than one
				  facility until all other eligible Vendor/licensees have had the option to
				  assume a facility.
16. "Semi-annual
				  review" means a formal management evaluation of Vendor/licensee's operation
				  which assesses the individuals' performance, presentation, facility appearance,
				  and cleanliness, marketing efforts, menu/food pricing, and health and food
				  safety, as well as data keeping, set aside obligations and record
				  submission.
17. "Seniority" or
				  "Transfer seniority" means the length of time a Vendor/licensee has been active
				  in the BEP; (active is defined as working under an active operating agreement.)
				  Seniority is applied as criteria during a bidding cycle, at which time
				  Vendor/licensees may be competing to be awarded a facility. Seniority begins
				  accruing to a Vendor/licensee who is a probationary graduate and who has
				  completed the training process.
18.
				  "State licensing agency" or "S.L.A." means the designated state unit, Office of
				  Rehabilitation Services/Services for the Blind and Visually Impaired, whose
				  purpose is to establish vending facilities in order to carry out the full
				  responsibilities under the Randolph-Shepard Act.
19. "State property" means any building,
				  land, or other real property owned, leased, or occupied by any department,
				  agency, or instrumentality wholly owned by the State, unless, with respect to
				  any building, land, or other real property leased or rented by the State, the
				  lease or rental agreement shall prohibit the establishment of such vending
				  facilities.
20. "Suspension" means
				  a temporary discontinuation (usually thirty (30) calendar days) of the
				  Operating Agreement resulting in the vendor's relinquishing control of the
				  vending facility and leaving and/or remaining away/absent from the facility (or
				  off-site) for the period of suspension. The Operating Agreement will be
				  reinstated when the reason for the suspension has been remedied. If the
				  reason(s) for suspension cannot be remedied, the operating agreement will be
				  revoked, after a full evidentiary hearing.
21. "Transfer" means the assignment or
				  re-assignment of a Blind Vendor to a new or vacant facility. Transfer will not
				  include the move of an existing vending facility to a new location if the
				  population (entity) to be served at the new location is substantially the
				  same.
22. "Vending facility" means
				  a site that has been determined to meet the criteria of a satisfactory site as
				  defined in  34 C.F.R. §
												395.1(x)  revised 7/2010 and
				  is operated under a permit. Vending facilities are categorized as
				  Dry/Wet/Vending Only; Primary, Secondary and Satellite. Includes but is not
				  limited to cafeterias, snack bars, cart service, shelters, counters, and such
				  other appropriate auxiliary equipment necessary for the sale of newspapers,
				  periodicals, tobacco products, foods, beverages, and other articles or services
				  dispensed manually and prepared on or off the premises in accordance with all
				  applicable health laws based on RI Food Code, 216-RICR- 50-10-1, and including
				  the vending or exchange of chances for any lottery which may be located on
				  public or private property.