reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-050 - Licensee training

Current through Register Vol. 24-14, July 15, 2024
The department operates a training program for those who have met the requirements in WAC 67-35-040. In accepting applicants into the training program, preference is given to those who are in need of work, otherwise applicants are entered into the program according to the earliest date of application. The department provides or causes to be provided a program which includes training and experience with written criteria which the trainee must achieve. The training program is of undetermined length, and the time of completion depends upon the trainee's ability to meet the criteria set forth in the program. Upon successful completion of the program, the trainee receives a license and is eligible for benefits granted a licensee in this chapter.
Statutory Authority: 1983 c 194 § 18. 84-09-048 (Order 84-06), §
										67-35-050, filed 4/16/84; 84-01-043 (Order 83-09), §
										67-35-050, filed 12/15/83. Formerly WAC 67-32-050.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-051 - Licensees - Geographic availability - Certification

Current through Register Vol. 24-14, July 15, 2024
Licensees are required to indicate geographic availability at time of certification. Any licensee who fails to bid on an available vending facility within the geographic area of availability will be removed from the bidding process and will be required to request reinstatement to the bidding process. Their reinstatement will be determined by the business enterprise director in conjunction with the vendors' committee.
Statutory Authority: 74-18 chapter 74.18 RCW. 95-01-066, §
										67-35-051, filed 12/15/94, effective 1/15/95.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-060 - Selecting a licensee or vendor to operate vending facility - Notice

Current through Register Vol. 24-14, July 15, 2024
When a vending facility becomes available a "notice of available facility" is prepared by the vending facility program staff and sent to all licensees and vendors. The "notice of available facility" will contain sufficient information to enable licensees and vendors to determine if they are interested in applying to become the vendor in the available facility. A closing time and date for accepting applications is specified in the "notice," but in no event shall the closing time be less than ten business days from the date of mailing, unless the department declares an emergency requiring less than ten business days notice. Only written applications will be accepted. Lack of response from a licensee or vendor within the allotted time period will be considered to be a negative response. Applications are date stamped when they are received.
Statutory Authority: Chapter 74.18 RCW. 92-10-024, §
										67-35-060, filed 4/29/92, effective 5/30/92. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-060, filed 12/15/83. Formerly WAC 67-32-060.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-071 - Operation of a vending facility in the absence of an assigned vendor

Current through Register Vol. 24-14, July 15, 2024
When a vendor resigns, leaves, or is removed from a facility, the department may appoint an operator for that facility on an emergency basis until the department is able to select a permanent vendor for that facility as outlined in WAC 67-35-060.
Statutory Authority: Chapter 74.18 RCW. 93-01-026, §
										67-35-071, filed 12/7/92, effective 1/7/93.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-072 - Vendor status - Loss of any vending facility to the VF program

Current through Register Vol. 24-14, July 15, 2024
The loss of any vending facility to the vending facility program for reasons beyond the control of the vendor assigned that facility, as determined by the staff of the vending facility program, shall permit assignment of the next available vending facility to that vendor. When a vendor loses the vending facility he/she will be required to indicate geographic availability and will be assigned the next available vending facility within the indicated geographic location. Any vendor who refuses the next available vending location will be required to submit an application for facilities as they become available.
Statutory Authority: 74-18 chapter 74.18 RCW. 95-01-066, §
										67-35-072, filed 12/15/94, effective 1/15/95. Statutory Authority: 1983 c 194 § 18. 84-09-048 (Order 84-06), §
										67-35-072, filed 4/16/84.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-075 - Selection of a licensee or vendor to operate a vending facility during a leave of absence of a vendor

Current through Register Vol. 24-14, July 15, 2024
When a vendor is granted a leave of absence in accordance with WAC 67-35-415, all licensees and vendors will be informed of the available location. The terms and conditions of the leave of absence and selection of the licensee or vendor will be in accordance with the selection processes utilized for the selection for any available location. A licensee or vendor assuming the responsibility for a location and entering into an agreement in accordance with WAC 67-35-090 of this chapter will, during a leave of absence of the assigned vendor, be entitled to the profits, or salary or profits, generated by the location in accordance with all contracts and agreements, and will be given thirty days notice prior to the termination of the leave of absence.
A licensee assuming responsibility for a location, who wishes to be considered for selection into an available location as a vendor, will retain his/her certification score until a score can be given based upon his/her performance in the location in the same way that all vendors achieve scores.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-075, filed 12/15/83. Formerly WAC 67-32-075.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-078 - Nonprimary location vending facility - How awarded or assigned

Current through Register Vol. 24-14, July 15, 2024
When a notice of availability of a primary vending facility is bid per WAC 67-35-060 and 67-35-070, and there are no primary bids received, the department will accept bids for the same facility as a nonprimary vending facility. If there are no primary or nonprimary bids the department, in consultation with the blind vendors committee, will decide if the facility should remain in the business enterprise program.
Statutory Authority: Chapter 74.18 RCW. 93-01-026, §
										67-35-078, filed 12/7/92, effective 1/7/93.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-082 - Vendor selection review

Current through Register Vol. 24-14, July 15, 2024
A licensee or vendor who has applied for a vending facility under WAC 67-35-060 may upon request receive a review of the correctness of the selection process from the director of the department or his/her designee. The review must be requested within ten calendar days of the completion of the selection process for which the licensee or vendor has applied.
Statutory Authority: Chapter 74.18 RCW. 93-01-026, §
										67-35-082, filed 12/7/92, effective 1/7/93. Statutory Authority: 1983 c 194 § 18. 84-09-048 (Order 84-06), §
										67-35-082, filed 4/16/84.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-090 - Assignment to a vending facility - Agreement

Current through Register Vol. 24-14, July 15, 2024
To execute the assignment of a licensee or vendor to a vending facility, the licensee or vendor shall enter into an agreement with the department which states the terms and conditions of the assignment to the specific vending facility. The department will provide each vendor with a copy of these rules which include the description of the arrangements for providing services. The department will take adequate steps to assure that each vendor understands the provisions of any permit, contract or agreement under which he/she operates as evidenced by the vendor's signed statement. No vendor will operate a vending facility unless he/she signs a vendor agreement. An existing agreement between the department and a vendor is automatically terminated when the vendor signs a new agreement with the department.
Statutory Authority: Chapter 74.18 RCW. 89-21-046, §
										67-35-090, filed 10/13/89, effective 11/13/89. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-090, filed 12/15/83. Formerly WAC 67-32-090.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-100 - Postemployment services

Current through Register Vol. 24-14, July 15, 2024
A vendor shall be provided with such postemployment services as are necessary to assure that the maximum vocational potential of each blind vendor is achieved. The postemployment services will be provided by the vocational rehabilitation counselor. Postemployment services will be provided in accordance with  34 C.F.R., section 361.42(a)(13).
Statutory Authority: Chapter 74.18 RCW. 85-18-048 (Order 85-12), §
										67-35-100, filed 8/30/85. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-100, filed 12/15/83. Formerly WAC 67-32-100.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-110 - Discrimination prohibited

Current through Register Vol. 24-14, July 15, 2024
The department, through its staff or any other agency, through any contract, permit or agreement is prohibited from discriminating against any licensee or vendor on the basis of race, color, sex, national origin, creed or religion, physical or mental impairment, age, marital status or political affiliation.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-110, filed 12/15/83. Formerly WAC 67-32-110.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-120 - State committee of blind vendors - Election - Representation - Meetings

Current through Register Vol. 24-14, July 15, 2024
The committee of blind vendors consists of seven vendors elected by vendors representing three geographical areas of the state, Eastern Washington, Northwest Washington, and Southwest Washington. A minimum of one vendor will be elected from each geographical area and one committee vendor is elected at large by all vendors on a statewide basis.
(1) Members of the committee are elected for a two-year term and are elected during the month of January. Four of the committee members are elected during odd-numbered years and three committee members are elected during even-numbered years. Any vendor serving as a representative who chooses to transfer, ceases to be a vendor, or who promotes to a vending facility outside the area that he/she represents, thereby relinquishes membership in the vendors committee. The vendors in an area having lost such vendor committee representation shall elect a replacement vendor committee person for the remainder of that term. All vendors are entitled to vote in the election. The committee elects its own chair and vice-chair.
(2) There will be a minimum of four blind vendor committee meetings per year. Additional meetings can be called by the manager of the business enterprise program or by the chair of the vendors committee.
(3) The department will conduct all elections and pay for all expenses in connection therewith and publish the results.
Statutory Authority: Chapter 74.18 RCW. 89-21-046, §
										67-35-120, filed 10/13/89, effective 11/13/89. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-120, filed 12/15/83. Formerly WAC 67-32-120.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-130 - Blind vendors committee - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The blind vendors committee shall:
(a) Actively participate with the department in major administrative decisions and policy and program development decisions affecting the overall administration of the vending facility program;
(b) Receive and transmit to the department grievances at the request of vendors, and serve as the advocates for such vendors in connection with such grievances;
(c) Actively participate with the department in the development and administration of the department's system for the transfer and promotion of vendors;
(d) Actively participate with the department in the development of training and retraining programs for vendors;
(e) Sponsor, with the assistance of the department, meetings and instructional conferences for vendors.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-140 - Vending machine income disbursed by department

Current through Register Vol. 24-14, July 15, 2024
Vending machine income from vending machines on federal property which has been received by the department pursuant to  34 C.F.R., section 395.32(b), (c) and (d)  shall be paid to each blind vendor (if any) operating a vending facility on such federal property in an amount not to exceed the average income of all blind vendors in the state of Washington as determined each fiscal year on the basis of each prior year's operation, or the average net income of all blind vendors in the United States, whichever is less.
(1) No vendor shall receive less vending machine income than he/she was receiving during the calendar year 1973 as a direct result of any limitation imposed on such income by this section.
(2) No limitation shall be imposed on income from vending machines combined to create a vending facility, when such facility is maintained, serviced or operated by a blind vendor.
(3) The department shall disburse vending machine income to vendors on at least a quarterly basis.
(4) Vending machine income from vending machines on federal property received by the department and not eligible for distribution to blind vendors under the provisions of this section shall be retained by the department.
(5) Vending machine income which is retained under subsection (4) of this section shall be used by the department for the establishment and maintenance of retirement or pension funds, for health insurance contributions, and for the provision of paid sick leave and vacation time, for vendors, if it is so determined by a majority vote of all vendors after the department has provided to each vendor information on all matters relevant to such purposes. Any vending machine income not necessary for such purposes shall be used by the department for the maintenance and replacement of equipment, the purchase of new equipment, management services, and assuring a fair minimum return to vendors.
Statutory Authority: Chapter 74.18 RCW. 85-18-048 (Order 85-12), §
										67-35-140, filed 8/30/85. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-140, filed 12/15/83. Formerly WAC 67-32-140.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-150 - Federal vending machine income - Use as determined

Current through Register Vol. 24-14, July 15, 2024
(1) Vending machine income received by the department as described in WAC 67-35-140(4) shall be known as federal vending machine income.
(2) Each year the blind vendors will vote to utilize the federal vending machine income for retirement or pension, health insurance, paid sick leave, or paid vacation.
(3) Any federal vending machine income not necessary for proposal described in subsection (2) of this section shall become set aside funds and will be used for the repair of vending facility equipment, the replacement of obsolete or worn-out vending facility equipment, the purchase of new or additional vending facility equipment in existing facilities, management services, and the costs necessary to the conduct of the state blind vendor's committee.
Statutory Authority: RCW 74.28.200 - 74.28.230 74.18.200 - 74.18.230. 86-08-010 (Order 86-2), §
										67-35-150, filed 3/21/86. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-150, filed 12/15/83. Formerly WAC 67-32-150.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-160 - Business enterprises revolving fund

Current through Register Vol. 24-14, July 15, 2024
(1) There is established in the general fund of the state of Washington an account known as the business enterprises revolving fund (BERF).
(2) The net proceeds from any vending facility or any vending machines in public buildings dedicated to administrative functions, other than such an operation managed by or assigned to a vendor, shall be made payable to the business enterprises revolving fund.
(3) "Administrative functions" for purposes of this section shall mean the administrative offices of all state and local entities but does not mean any separately identified service operations performed by the public entity. For example:
(a) Net proceeds from machines located in administrative offices of the state, county and local governments are to be paid; but such income from machines located in places attended by the public for recreational purposes maintained by a municipality or governmental agency, a domed stadium, within jails, etc., is exempt.
(b) Net proceeds from machines located in administrative buildings located in colleges and universities are to be paid; but such income from machines located in dormitories, student activity centers, places where sporting events occur, etc., is exempt.
(c) Net proceeds from machines located in administrative offices of public utilities and port districts are to be paid; but such income from machines located in areas of airports, hospitals, etc., which the public regularly attends, is exempt.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-170 - Business enterprises revolving fund - Uses

Current through Register Vol. 24-14, July 15, 2024
All moneys in the business enterprises revolving fund shall be expended only for equipment, services and payment to vendors in the vending facility program.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-170, filed 12/15/83. Formerly WAC 67-32-170.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-180 - Access to program and financial information

Current through Register Vol. 24-14, July 15, 2024
The department shall provide to any interested person program and financial information and interpretation concerning the operation of the program, except that confidential information concerning any applicant, trainee, licensee or vendor shall not be released directly or indirectly without written permission of such applicant, trainee, licensee, or vendor as specified in  34 C.F.R., 361.49; chapter 42.17 RCW and attendant regulations; and department policy B-21.
Statutory Authority: Chapter 74.18 RCW. 85-18-048 (Order 85-12), §
										67-35-180, filed 8/30/85. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-180, filed 12/15/83. Formerly WAC 67-32-180.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-190 - Department responsibility - Development of new vending facility locations

Current through Register Vol. 24-14, July 15, 2024
(1) The staff of the vending facility program will select suitable locations for vending facilities and negotiate with the property management a permit or contract specifying the space to be occupied, hours of operation, services and articles to be vended, equipment to be installed and other items as required. The permit or contract will be executed between the department and the management of the property where the vending facility is located.
(2) A suitable location or site shall mean an area fully accessible to vending facility patrons and having:
(a) A minimum of two hundred fifty square feet available for the vending and storage of articles necessary for the operation of a vending facility; and
(b) Sufficient electrical, plumbing, heating, and ventilation outlets for the location and operation of a vending facility in accordance with applicable health laws and building codes; and
(c) A building population that is determined by the business enterprise program staff to be sufficient to provide the blind vendor with reasonable income.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-200 - Department responsibility - Architecture and construction

Current through Register Vol. 24-14, July 15, 2024
The department will select and provide architectural services and follow through on construction of the facility, within the guidelines prescribed by the state department of general administration, division of engineering and architecture, the state division of health and the local health department having jurisdiction.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-200, filed 12/15/83. Formerly WAC 67-32-200.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-210 - Department responsibility - Essential equipment and smallwares

Current through Register Vol. 24-14, July 15, 2024
The department will provide essential equipment and initial smallwares the department deems appropriate for the efficient operation of the vending facility. The right, title to, and interest in all initial equipment and smallwares will be vested in the department.
Statutory Authority: Chapter 74.18 RCW. 95-12-007, §
										67-35-210, filed 5/25/95, effective 6/25/95. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-210, filed 12/15/83. Formerly WAC 67-32-210.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-215 - Vendor responsibility - Smallwares

Current through Register Vol. 24-14, July 15, 2024
The vendor is required to maintain all smallwares in good condition as established by the department at the time the vendor assumes operation of the facility. In the event that any smallwares must be replaced, the vendor will pay the cost of replacement.
In the event that a vendor should discontinue to operate the vending facility, the vendor or the vendor's heirs will furnish to the department an amount of smallwares equal to those initially provided for the vending facility, in suitable condition as determined by departmental policy.
Statutory Authority: Chapter 74.18 RCW. 95-12-007, §
										67-35-215, filed 5/25/95, effective 6/25/95.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-220 - Department and vendor responsibility - Initial consumable stocks and cash

Current through Register Vol. 24-14, July 15, 2024
The department will provide funds for the initial consumable stocks and supplies, and minimum operating cash required to commence operation of the facility, as determined by departmental policy.
The vendor will be required to repay the department for the initial consumable stocks and supplies and operating cash according to a set repayment plan as outlined in departmental policy.
The right to and interest in the initial consumable stock and operating cash will remain with the department until the vendor has repaid the department in full. In the event that a vendor should discontinue to operate the vending facility, the vendor or the vendor's heirs will furnish to the department an amount of saleable stock as determined by departmental policy, and/or cash equal in monetary value to the amount currently owed to the department under the conditions of the repayment plan.
Statutory Authority: Chapter 74.18 RCW. 95-12-007, §
										67-35-220, filed 5/25/95, effective 6/25/95. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-220, filed 12/15/83. Formerly WAC 67-32-220.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-230 - Department and vendor responsibility - Maintained facility and equipment

Current through Register Vol. 24-14, July 15, 2024
(1) The department will, within program resources, maintain or cause to be maintained each facility in good repair and attractive condition. The department will, within program resources, or in accordance with terms and conditions of the permit or contract, replace, or cause to be replaced obsolete or worn-out equipment which has been deemed essential for the operation of the vending facility.
(2) When a vendor takes over the operation of a vending facility, the department will, within program resources, pay for all repair charges during the first six months of operation. After the first six months of operation, the vendor will be required to pay the cost of all repairs and maintenance on all facility equipment. Failure to promptly repair essential equipment will be grounds for immediate suspension of a vendor's operating agreement prior to an evidentiary hearing (WAC 67-35-430).
(3) The vendor will be responsible to exercise proper care of and maintain all equipment and furnishings assigned to the vending facility. This includes, but is not limited to, proper and regular cleaning and sanitation practices. A regular maintenance schedule will be provided by the vendor to the department for approval.
(4) For purposes of this section, vending facility equipment shall include equipment provided by the department and equipment furnished as a part of the contract or permit for which the department and operator assumes the responsibility of maintenance.
Statutory Authority: Chapter 74.18 RCW. 95-12-007, §
										67-35-230, filed 5/25/95, effective 6/25/95; 94-15-052, §
										67-35-230, filed 7/15/94, effective 8/15/94. Statutory Authority: RCW 74.28.200 - 74.28.230 74.18.200 - 74.18.230. 86-08-010 (Order 86-2), §
										67-35-230, filed 3/21/86. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-230, filed 12/15/83. Formerly WAC 67-32-230.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-240 - Department responsibility - Vendor-owned equipment

Current through Register Vol. 24-14, July 15, 2024
The vendor may purchase with the knowledge of the department vending facility equipment. The department shall retain a first option to repurchase such equipment if vendor places the equipment up for sale. In the event the vendor dies, or for any reason ceases to be a vendor, ownership of such equipment that is necessary for the operation of the facility shall become vested in the department for transfer to a successor vendor subject to an obligation on the part of the department to pay to the vendor, or the vendor's estate the fair value of the equipment. The vendor, the vendor's personal representative or next of kin shall be entitled to an opportunity for a full evidentiary hearing with respect to the determination of the necessity of the equipment or the amount to be paid by the department for the vendor's ownership in the equipment. When dissatisfied with any decision rendered as the result of such hearing, the vendor, the vendor's personal representative or next of kin, may file a complaint with the secretary under  45 C.F.R., section 1369.13  to request the convening of an ad hoc arbitration panel.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-240, filed 12/15/83. Formerly WAC 67-32-240.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-250 - Department responsibility - Advance training

Current through Register Vol. 24-14, July 15, 2024
The department will provide vendors with an opportunity to obtain training and information so as to increase their skills and assist them in upward mobility. This training and information shall include training provided by the vending facility program; opportunity to engage in home study through the use of tape recorded instructions provided by the department; and at least one instructional meeting per year conducted by the blind vendors committee with the assistance of the department.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-250, filed 12/15/83. Formerly WAC 67-32-250.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-260 - Department responsibility - Opening for business

Current through Register Vol. 24-14, July 15, 2024
The department will assist the vendor upon request in procuring the necessary business licenses and permits; in selecting the necessary employees; and otherwise assist a vendor in opening a new facility for business.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-260, filed 12/15/83. Formerly WAC 67-32-260.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-270 - Department responsibility - Consultation

Current through Register Vol. 24-14, July 15, 2024
The staff of the vending facility program is available to the vendor during regular office hours either in person or by telephone, to work with the vendor in resolving problems; and to develop procedures to secure a maximum net profit for the vendor; the maximum service to the patrons; and a feeling of cooperation between building management, the blind vendor and the department.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-270, filed 12/15/83. Formerly WAC 67-32-270.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-280 - Department responsibility - Inspection - Required contacts

Current through Register Vol. 24-14, July 15, 2024
The vending facility program staff will make annual inspections of the vending facility. The results will be reviewed with the vendor to determine if improvements can be made, and if so, what actions should be taken. The vending facility program staff upon adequate notice to the vendor shall inspect records and reports kept by the vendor.
Statutory Authority: Chapter 74.18 RCW. 85-18-048 (Order 85-12), §
										67-35-280, filed 8/30/85. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-280, filed 12/15/83. Formerly WAC 67-32-280.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-290 - Department responsibility - Contact with property management

Current through Register Vol. 24-14, July 15, 2024
The staff of the vending facility program will make regularly scheduled contacts with the property management person controlling the property where the vending facility is located to determine if terms of the permit or contract are being met and to process any other problems or requests which may exist.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-290, filed 12/15/83. Formerly WAC 67-32-290.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-300 - Department responsibility - Negotiation with vending machine companies

Current through Register Vol. 24-14, July 15, 2024
The staff of the vending facility program may negotiate agreements with vending machine companies for the installation of vending machines in public buildings and determine where the net proceeds from each machine shall go.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-300, filed 12/15/83. Formerly WAC 67-32-300.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-310 - Public liability insurance

Current through Register Vol. 24-14, July 15, 2024
The vendor shall obtain and maintain continuously public liability insurance with limits of liability not less than:
$1,000,000.00 each person personal injury,
$1,000,000.00 each occurrence personal injury, and
$1,000,000.00 each occurrence property damage; or insurance coverage specified in the permit or contract, whichever is greater. A vendor operating a vending facility is required by the department to have this insurance and is required to provide proof of insurance to the department on an annual basis. Failure to have this insurance will result in suspension.
Statutory Authority: Chapter 74.18 RCW. 89-21-046, §
										67-35-310, filed 10/13/89, effective 11/13/89; 85-18-048 (Order 85-12), §
										67-35-310, filed 8/30/85. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-310, filed 12/15/83. Formerly WAC 67-32-310.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-320 - Vendor responsibility - Independent - Not state employee

Current through Register Vol. 24-14, July 15, 2024
The vendor is an independent vendor in the vending facility program and in no way can be considered to be an employee of the department. The blind vendor receives all profits from the vending facility except as provided for in WAC 67-35-140(4).
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-320, filed 12/15/83. Formerly WAC 67-32-320.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-330 - Vendor responsibility - Applicable federal and state laws, rules and regulations

Current through Register Vol. 24-14, July 15, 2024
The vendor will assume responsibility for securing and renewing all necessary business licenses and paying all fees required by and for the operation of the facility. It is the responsibility of the vendor to operate the facility in accordance with all federal and state laws, rules and regulations; including applicable health laws, rules and regulations.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-330, filed 12/15/83. Formerly WAC 67-32-330.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-340 - Vendor responsibility - Vending facility management - Nondiscrimination

Current through Register Vol. 24-14, July 15, 2024
The vendor is responsible for maintaining a high level of customer service to assure the maintenance of the vending location and accommodate within reasonable limits other persons who may come to the facility. Determination of appropriate vending facility management activities will be in accordance with generally accepted practices in the food service industry and satisfaction of the building population and the building management. No customer or employee can be discriminated against by reason of race, color, sex, national origin, creed or religion, physical or mental impairment, age, marital status or political affiliation.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-340, filed 12/15/83. Formerly WAC 67-32-340.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-360 - Vendor responsibility - Termination of agreement

Current through Register Vol. 24-14, July 15, 2024
Any vendor whose agreement with the department has been terminated for any reason is responsible to return to the department miscellaneous equipment, smallwares, initial stock and supplies, and minimum operating cash equal in monetary value as determined by departmental policy to those originally furnished by the vending facility program. Any vendor refusing to comply with the responsibilities in this section shall have their license terminated subject to the opportunity for a full evidentiary hearing.
Statutory Authority: Chapter 74.18 RCW. 95-12-007, §
										67-35-360, filed 5/25/95, effective 6/25/95. Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-360, filed 12/15/83. Formerly WAC 67-32-360.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-370 - Vendor responsibility - Cooperate

Current through Register Vol. 24-14, July 15, 2024
It is the responsibility of the vendor to cooperate with the duly authorized representative of the department in connection with their official responsibilities; to take no action derogatory to, or inconsistent with the paramount right, title and interest of the department of services for the blind to the vending facility, its equipment, or the contract or permit with the management of the property where the facility is located.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-370, filed 12/15/83. Formerly WAC 67-32-370.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-380 - Vendor responsibility - Reports

Current through Register Vol. 24-14, July 15, 2024
It is the vendor's responsibility to submit such reports of the operation of the vending facility at such times, and in such formats, as the department may from time to time require. The reports may include, but not necessarily be limited to, the following items for the reporting period: Gross sales, beginning inventory, purchases, ending inventory, gross profit, personnel costs, other expenses, total expenses, net profit, percentage of profit, other income and total profit.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-380, filed 12/15/83. Formerly WAC 67-32-380.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-390 - Vendor responsibility - Accounts payable

Current through Register Vol. 24-14, July 15, 2024
The vendor will be responsible for the payment of all goods and services, materials and merchandise, received from suppliers subsequent to the initial stock and supplies provided by the department. The vendor must assure each supplier that accounts are based on the vendor's credit record or reference.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-390, filed 12/15/83. Formerly WAC 67-32-390.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-400 - Vendor responsibility - Employment of staff

Current through Register Vol. 24-14, July 15, 2024
The vendor is responsible for sufficient staff to assure the efficient operation of the facility and to provide adequate service to the customers. The vendor's relationship to his/her employed staff shall be the normal employer-employee relationship existing in private business enterprises.
(1) In the employment of a temporary relief vendor the vendor shall give preference to a licensee of the vending facility program.
(2) The vendor will maintain all records, make all payments, and make all reports required of an employer by federal, state and local statutes.
(3) The vendor will pay employees an agreed upon wage in accordance with applicable state and federal laws and/or contract provisions.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-400, filed 12/15/83. Formerly WAC 67-32-400.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-410 - Vendor responsibility - Rebates

Current through Register Vol. 24-14, July 15, 2024
Rebates, commissions or bonuses received by the vendor from suppliers must be accounted for as income of the vending facility. Under no circumstances can such funds be treated as separate personal funds of the vendor.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-410, filed 12/15/83. Formerly WAC 67-32-410.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-415 - Leave of absence for prolonged illness or physical incapacity

Current through Register Vol. 24-14, July 15, 2024
A vendor in the business enterprises program may request and may be granted a leave of absence for a period of up to twelve months.
A vendor may request a leave of absence when the vendor is unable to maintain his/her responsibilities in a location by reason of a physical or mental condition. A leave of absence will be granted to a vendor:
(1) Only when such request is initiated by that vendor; and
(2) When the mental or physical condition is verified by a medical doctor licensed to practice in the state of Washington; and
(3) Such condition is so prolonged and/or so serious as to cause strong doubt on the part of the vendor and the agency as to the vendor's capacity to maintain full management of his/her location; and
(4) For a total maximum period not to exceed twelve months.
The vendor who has been granted a leave of absence will retain his/her license. His/her agreement to manage a location will be held in abeyance during the leave of absence.
A leave of absence will be terminated by the department at the end of twelve months of [or] sooner, and the vendor will resume the responsibility for his/her location and the agreement reinstated when the mental or physical condition no longer prohibits the vendor from maintaining responsibilities for his/her location.
(5) When verified by a medical doctor licensed to practice in the state of Washington; and/or
(6) When verified by a statement of completion of a program of training or retraining designed to overcome the effects of the mental or physical condition necessitating a leave of absence.
A leave of absence will be terminated by the department at the end of twelve months or sooner, and the vendor's license and/or agreement will be terminated:
(a) When the mental or physical condition is of such duration or severity, as verified by a medical doctor licensed to practice in the state of Washington, that it renders the vendor unable to resume responsibility for the management of that location; and/or
(b) When the vendor fails to complete a program of training or retraining designed to overcome the effects of the mental or physical condition and is unable to resume responsibility for the management of that location.
Upon granting a vendor a leave of absence, the department will assume responsibility for that vendor's location. The department will select a licensee or vendor to manage the location. In the event a licensee or vendor is not available to assume the responsibility of a location while the vendor is on a leave of absence, the department may make such arrangements as necessary to assure the ongoing management of such location. Any profits available in excess to those necessary to secure the management of the location shall accrue to the business enterprises revolving fund.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-420 - Termination of license - Termination of agreement for cause only

Current through Register Vol. 24-14, July 15, 2024
The license to participate in the program is issued for an indefinite period of time. However, the vendor's license and vendor's agreement with the department may be terminated after a thirty-day notice and/or after affording the vendor or licensee an opportunity for a full evidentiary hearing if the department finds that the vending facility is not being operated in accordance with its rules, the terms and conditions of the permit or contract, or the terms and conditions of the agreement between the vendor and the department. Following the completion of the thirty-day notice the vendor's license will be terminated and the vendor's agreement shall be terminated pending completion of the full evidentiary hearing process, the convening of any ad hoc arbitration panel and court review. Following termination of the vendor's agreement the department will operate the vending facility until any grievance procedure is completed. The net profit from the operation of the vending facility during this time will be placed in trust in the business enterprises revolving fund for disbursement in accordance with any final decision of the grievance process.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-420, filed 12/15/83. Formerly WAC 67-32-420.
Washington Administrative Code › Title 67 - Blind, Department of Services for the › Chapter 67-35 - Vending facility program for the blind › Section 67-35-425 - Termination of vendor's agreement - Not affecting licensure

Current through Register Vol. 24-14, July 15, 2024
A vendor's agreement will be terminated without affecting licensure under any of the following three conditions:
(1) When a vendor ceases to be a vendor of an existing vending facility by voluntary withdrawal in writing;
(2) When the vending facility ceases to be a vending facility by revocation of the permit or contract by either the department or by building management;
(3) When the vendor signs a new vendor agreement.
Statutory Authority: 1983 c 194 § 18. 84-01-043 (Order 83-09), §
										67-35-425, filed 12/15/83. Formerly WAC 67-32-425.