Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 40 - RULES AND REGULATIONS GOVERNING VENDING FACILITIES IN PUBLIC BUILDINGS › Section 22VAC45-40-10 - General

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is promulgated by the Department for the
				  Visually Handicapped to clarify and establish the responsibilities of state and
				  local agencies as they relate to blind and visually handicapped persons having
				  first priority in assuming the operations of vending facilities or other
				  business enterprises in public buildings. Under authority granted by §
				  63.1-155 of the Code of Virginia, this chapter sets forth the process by which
				  the department shall be notified of vending facility sites in public buildings
				  throughout the Commonwealth. In carrying out its responsibility to this
				  chapter, the department will adhere to the administrative and policy procedure
				  as set forth in the Randolph-Sheppard Act ( P.L. 74-732, as amended by P.L.
				  83-565 and P.L. 93-516 ( 20
				  USC 107 et. seq.)) with respect to
				  appropriate vendor representative consultation.
1. The department shall have first priority
				to operate, with qualified blind persons, vending facilities in public
				buildings. Whenever an existing vending facility in a public building becomes
				vacant or whenever an opportunity to establish a vending facility arises due to
				renovation, construction, acquisition or leasing; or expiration of an existing
				food service contract, the department or agency shall offer to the Department
				for the Visually Handicapped the opportunity to operate the vending facility
				with a qualified blind person.
2.
				The department or agency shall notify the Department for the Visually
				Handicapped of such vacancy by mail as early as it is practical, but no later
				than 90 days prior to occupancy. The Department for the Visually Handicapped,
				in cooperation with the affected agency, shall assess the feasibility of
				establishing a vending facility or business enterprise and shall notify the
				department or agency of its decision within 30 days from the date the
				Department for the Visually Handicapped receives notice of the
				vacancy.
3. Any public building, as
				defined in the Code of Virginia, housing 200 or more employees or occupying at
				least 15,000 square footage of floor space shall be covered by this
				chapter.
4. Adequate space shall be
				made available for the vending facility or business enterprise. Space
				requirements shall be mutually determined by the Department for the Visually
				Handicapped and the department or agency in which the facility or enterprise is
				to be operated, but shall be no less than 300 square feet. Any vending machines
				located on the premises and in direct competition with the vending facility
				shall be subject to control by the Department for the Visually
				Handicapped.
5. Complaints of
				noncompliance with § 63.1-155 of the Code of Virginia or with the
				department's rules and regulations may be filed by the Department for the
				Visually Handicapped and should follow the procedures listed below:
a. Complaints shall be submitted in writing
				to the Secretary of Health and Human Resources and the respective secretary of
				the Cabinet in which the agency subject to complaint is located.
b. A panel of three to hear the complaint is
				to be appointed by the Secretary of Health and Human Resources and the
				respective secretary of the Cabinet in which the agency subject to complaint is
				located. The panel will consist of the Director of the Department for the
				Visually Handicapped, the director or commissioner of the subject agency, and a
				third party chosen by the Secretary of Health and Human Resources and the
				respective secretary of the Cabinet in which the agency subject to complaint is
				located.
c. Evidence to be
				submitted, heard, and considered is to be selected by the panel. After full
				consideration of the facts, the panel will make a decision which shall be
				binding upon the interested parties.