California Vendors Policy Committee
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WELFARE AND INSTITUTION CODE
Department of Rehabilitation
Article 5
Business Enterprises for the Blind

 

SECTION

 

19625. Authority to operate vending facilities; establishment of program; legislative intent; priority on state and federal property; agreements: active pursuit of vending commissions and new placements.

 

19625.5 Support and encouragement.

 

19626 Vending facility; purchase of supplies or services.

 

19626.5 Life standards for vending facility equipment; expediting equipment orders.

 

19627. Priority on state property; non-feasibility or adverse effect of placement; construction or installation; location; notice; satisfactory sites; arbitration panel; construction and application.

 

19628. Construction and installation of vending facilities; amount of space allotted.

 

19629. Set aside funds; net proceeds; limitations; deposit fund; deduction of wages from service charge.

 

19630. Vending machine income; distribution; director's duties; use of income; state or federal property.

 

19630.5 The BEP Vendor Loan Interest Rate Buy-Down Fund.

 

19631. Adequate net income; payments in supplementation of proceeds.

 

19632. Licenses; eligibility; review; regulations; approval or disapproval of operators; good cause for withdrawal of approval; termination or removal.

 

19633. Counties or cities; licenses and permits.

 

19634. Guide dogs.

 

19635. Dissatisfaction with actions taken; hearing; filing of complaint; arbitration panel.

 

19636. Assignment of personnel; administration of article; annual staffing review.

 

19637. Financial data; copies of audits, reports and investigations.

 

19638. Committee of licensed blind vendors; biennial election; responsibilities and actions; contracts for professional services.

 

19639. Rules and regulations.

 

19640. Report to committee of licensed blind vendors; survey; department and agency cooperation; biennial update.

 

19640.5 Fiscal audit and programmatic review and audit.

 

19641. Surviving spouse of blind vendor; right to operate facility; conditions; issuance of license amount than was being made on January 1, 1977.

 

Article 6
Blind Vending Operators Annuity Fund

SECTION

 

19650. Legislative intent.

 

19651. Contributions to annuity plan; commissions from facilities with no licensed blind vending stand operators.

 

19652. Administration of fund; advisory plan committee; enrollment in life insurance plans.

 

19625. Authority to operate vending facilities; establishment of program; legislative intent; priority on state and federal property; agreements: active pursuit of vending commissions and new placements.

 

For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under this article shall be authorized to operate vending facilities on any property within this state as provided in this article. In order to administer this article, the director shall establish and promote the Business Enterprises Program for the Blind.

 

It is the intent of the Legislature that the Randolph-Sheppard Act (20 U.S.C. Sec. 107 et. seq.), and the federal regulations for its administration set forth in Part 395 (commencing with Section 395.1) of Title 34 of the Code of Federal Regulations, shall serve as minimum standards for the operation of the Business Enterprises Program for the Blind.

 

(a) With respect to vending facilities on state property, priority shall be given to blind persons, including the assignment of vending machine income as provided in this article. As used in this article, "state property" means all real property, or part thereof, owned, leased, rented, or otherwise controlled or occupied by any department or other agency or body of this state.

 

(b) With respect to vending on federal property within this state, priority shall be given as provided in the federal Randolph-Sheppard Act (20 U.S.C. Sec. 107 et seq.), including the amendments thereto. This article, as it applies to federal property, is intended to conform to that act and is to be of no force or effect if, and to the extent that, any provision of this article or any regulation adopted under this article is in conflict with that act. Nothing in this subdivision shall be construed to impose limitations on the operation of vending facilities on state property, or property other than federal property, or to allow only those activities specifically enumerated in the Randolph-Sheppard Act.

 

(c) On all other property within this state, whether owned or controlled privately or by any county, city, city and county, or other political subdivision, the department shall take all feasible steps to encourage and establish vending by blind persons licensed under this article. The department may enter into appropriate agreements with the entities or persons owning or controlling the other property. All these agreements shall be in writing and shall be in conformity with this article.

 

(d) The director shall actively pursue all commissions from vending facilities not operated by blind vendors as provided for in paragraph (2) of subdivision (a) of Section19630., and shall seek new placements of vending facilities on state property where a facility is not yet in place.

 

(Amended by Stats. 1987, c. 876, sec. 2; Stats. 1990, c. 1316 (S.B. 2759), sec. 1.)


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19625.5 Support and encouragement.

 

The department shall support and encourage all participants in the Business Enterprises Program to be as successful at becoming self-supporting as possible.

 

(Added by Stats. 1990, c.1316 (S.B. 2759), sec. 1.5)


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19626. Vending facility; purchase of supplies or services.

 

A "vending facility" is a location which may sell, at wholesale or retail, foods, beverages, confections, newspapers, periodicals, tobacco products, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with applicable health laws.

 

A "vending facility" may consist, exclusively or in appropriate combination, of automatic vending machines, cafeterias, snackbars, catering or food concession vehicles, cart service, shelters, counters and any appropriate equipment as the director may by regulation prescribe as being necessary for the sale of the articles or services described in the first paragraph of this section.

 

A "vending facility" may encompass more than one building.

 

Licensed blind vendors shall not be required to purchase supplies or services from wholesalers who may be licensed under this article.

 

(Amended by Stats. 1990, c. 1316 (S.B. 2759), sec. 2.)


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19626.5 Life standards for vending facility equipment; expediting equipment orders.

 

(a) The department shall develop and promulgate regulations regarding life standards for vending facility equipment. These regulations shall include, but not be limited to, life expectancy of equipment, time periods within which equipment shall be replaced, and exceptions to the requirement of replacement of equipment within the specified time periods, including when there is a history of no service problems. These regulations shall also provide for exceptions to the life standard or life expectancy policies allowing earlier replacement under certain circumstances including excessive mechanical failures or other malfunction that is not the fault of the operator.

 

(b) The department, in administering the Business Enterprises Program, shall consult with the Department of General Services and develop a system of expediting equipment orders to ensure timely delivery, thereby reducing financial hardship to vendors and allowing provision of continuous food service as required by the contracting agency. This system shall not preclude the Department of General Services from exercising oversight and review of the purchasing process.

 

(Added by Stats. 1990, c.1316 (S.B. 2759), sec. 3.)


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19627. Priority on state property; nonfeasibility or adverse effect of placement; construction or installation; location; notice; satisfactory sites; arbitration panel; construction and application.

 

(a) In order to implement the priority declared in subdivision (a) of Section 19625., the director shall, in consultation with the committee of licensed blind vendors, and after consultation with and agreement by the Director of General Services and other heads of departments or agencies in control of the maintenance, operation, and protection of state property, develop regulations designed to ensure the following:

 

(1) That priority is given to blind persons licensed under this article, including the assignment of vending machine income as provided in this article.

 

(2) That one or more vending facilities shall be established on all state property to the extent that any facility or facilities is feasible. Where a larger vending facility is not feasible, the director shall take steps to place vending machines whenever possible. In determining feasibility the director shall consider, but is not limited to consideration of, all of the following:

 

(A) The number of state employees in the building or on the state property.

 

(B) The size, in square feet, of the area leased, occupied, owned, or otherwise controlled by the state.

 

(C) The length of time the property will be leased or occupied by the state.

 

(D) Whether establishment of a vending facility would adversely affect the interests of the state.

 

(E) The likelihood the vending facility will produce sufficient net income for a blind vendor as provided in Section 19631.

 

(b) Any decision that the placement or operation of a vending facility is not feasible, or that placement or operation would adversely affect the interests of the state shall be in writing, and shall be made available to the committee of licensed blind vendors.

 

(c) The Director of General Services is authorized to construct and install or permit the construction and installation of a vending facility on any property owned or occupied by the state. In the case of leased space, costs shall be shared by agencies occupying the space as determined by the Director of General Services.

 

(d) The director is authorized, subject to regulations developed pursuant to subdivision (a) and the requirements of the federal Randolph-Sheppard Act, to select a location for a facility and the type of facility to be provided.

 

(e) Immediately upon receipt of notification from any state department or agency, the Department of General Services, Office of Real Estate and Design Services shall provide written notice to the director of the plans of any state department or agency to occupy, acquire, renovate, or relocate a property. This notice shall permit the director to determine in accordance with regulations developed pursuant to subdivision (a) whether the property includes, or will include, a satisfactory site or sites for a vending facility.

 

(f) After January 1, 1978, no department or agency of the state shall undertake to acquire by ownership, rent or lease, or to otherwise occupy, in whole or in part, any property unless, after consultation with the head of that department or agency, it is determined by the director in accordance with regulations developed pursuant to subdivision (a) either (1) that the property includes a satisfactory site or sites for the location and operation of a vending facility by a blind person; or (2) that, if a building is to be constructed, substantially altered or renovated, or, in the case of a building that is already occupied on that date by the department or agency, is to be substantially altered or renovated for use by the department or agency, the design for the construction, substantial alteration or renovation includes a satisfactory site or sites for the location and operation of a vending facility by a blind person.

 

(g) The provisions of subdivision (f) shall not apply when the director, in consultation with the committee of blind vendors, determines that the number of people using the property is or will be insufficient to support a vending facility.

 

(h) For the purpose of this section, the term "satisfactory site" means an area determined by the director to have sufficient space, electrical and plumbing outlets, and any other facilities as the director shall by regulation prescribe, for the location and operation of a vending facility by a blind person.

 

(i) If the director determines that any agency or department of the state fails to comply with this section, the director shall establish a panel to arbitrate the dispute and the decision of the panel shall be final and binding on all parties.

 

(j) The arbitration panel convened by the director shall be composed of three members, appointed as follows:

 

(1) One individual by the director.

 

(2) One individual by the agency or department having care, custody or control of the premises.

 

(3) One individual who shall serve as chairman, jointly designated by the members appointed under paragraph (1) and paragraph (2). If either party fails to agree on an individual, the director shall designate a hearing officer from the Office of Administrative Hearings who shall preside.

 

(k) This section shall not apply to existing employee-operated, nonprofit organizations operating vending facilities that include manual cafeteria operations on state property. This section shall not be construed to require that employee-operated, nonprofit organizations shall discontinue operating vending facilities that include manual cafeteria operations on state property as of January 1, 1978.

 

(Amended by Stats. 1990, c. 1316 (), sec. 4.)


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19628. Construction and installation of vending facilities; amount of space allotted.

 

The governing board of any county, city, city and county, or other political subdivision or the persons or entities owning or controlling private property, may construct and install on their property, or permit the construction and installation of, vending facilities for operation by blind persons licensed under this article. The amount of space allotted for this purpose shall be sufficient to serve adequately the number of persons to be served and provide the kind of services to be rendered.

 

(Added by Stats.1977, c. 1131, p. 3631, sec. 2.)


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19629. Set aside funds; net proceeds; limitations; deposit fund; deduction of wages from service charge.

 

(a) The department shall provide that, if any funds are set aside, or caused to be set aside, from the net proceeds of the operation of the vending facilities those funds shall be set aside, only to the extent necessary, but not to exceed the amount equal to 6 percent of gross sales, and may be used only for the following purposes:

 

(1) Maintenance and replacement of equipment.

 

(2) The purchase of new equipment.

 

(3) The construction of new vending facilities.

 

(4) Funding the functions of the committee of blind vendors established by Section 19638.

 

(5) Retirement or pension funds, health insurance contributions or premiums, life insurance contributions or premiums to the extent approved by the federal Rehabilitation Services Administration, and provision for paid sick leave or vacation time or business-related insurance, if it is so determined by a majority vote of blind vendors after the department provides to each vendor full information on all matters relevant to these purposes. The department shall seek the necessary approval for expenditures of set-aside funds for life insurance contributions or premiums.

 

(b) No set-aside funds shall be collected where the monthly net proceeds are less than one thousand dollars ($1,000). This amount shall be annually adjusted by the department to reflect changes in the cost of living. The average of the separate indices of cost of living for Los Angeles and San Francisco, as published by the United States Bureau of Labor Statistics, shall be used as the basis for determining the change in the cost of living.

 

(c) Set-aside funds collected from the operation of all vending facilities administered by the Business Enterprise Program shall be placed in a single fund.

 

(d) As used in this section, "net proceeds" shall be the sum of the amount remaining from the sale of articles or services and the amount of any vending machine or other income accruing to blind vendors after the cost of sale and other expenses (excluding set-aside charges required to be paid by the blind vendors) have been deducted.

 

(e) It is the intent of the Legislature that the expenditure of the service charges authorized by this section shall be supplemental to any current appropriations available for these purposes and shall not constitute an offset or diminution of any appropriations.

 

(f) An amount equal to 10 percent of the wages paid by a vendor to any blind person, as defined in Section 19153, or to any disabled person, as defined in regulations issued by the department, shall be deducted from any service charge paid by the vendor, in order to encourage vendors to employ more blind and disabled workers and thereby set an example for industry and government. There shall be no deduction from any service charge paid by a vendor if the vendor does not pay wages at least equal to the minimum wages required of employers pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.

 

(Amended by Stats.1985, c. 386, sec. 1;Stats.1990, c. 1316 (S.B.2759), sec. 5.)


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19630. Vending machine income; distribution; director's duties; use of income; state or federal property.

 

(a) After July 1, 1978, all vending machine income from vending machines on state property shall accrue to (1) the blind vendor operating a vending facility on the property, or (2) in the event there is no blind vendor operating a facility on the property, to the Department of Rehabilitation Vending Machine Trust Fund for only those uses designated in subdivision (d).

 

(b) The department may, notwithstanding subdivision (d), distribute vending machine income accruing under paragraph (2) of subdivision (a) to a blind vendor of a facility not meeting the standard specified in Section 19631. on January 1, 1978, provided that the distribution was being made on January 1, 1977, and provided that the distribution shall not be in greater amount than was being made on January 1, 1977.

 

(c) The director shall ensure compliance with this section with respect to buildings, installations, facilities, and roadside rest stops, and shall be responsible for collection of, and accounting for, vending machine income. Any limitation on the placement or operation of a vending machine based on a finding by a state department or agency that the placement or operation would adversely affect the interests of the state shall be fully justified in writing to the director. The director shall determine whether the limitation is justified, and if dissatisfied with the justification, may submit the matter for arbitration to the panel established by Section 19627.

 

(d) All vending machine income which accrues to the department shall be used to establish retirement or pension plans, to provide health and life insurance contributions, paid sick leave, vacation time, or professional services needed by the committee of licensed blind vendors, subject to a vote of blind vendors as provided under paragraph (6) of subdivision (a) of Section 19629. Use of funds for provision of life insurance shall also be subject to the approval of the federal Rehabilitation Services Administration as required under paragraph (6) of subdivision (a) of Section 19629.

 

(e) "Vending machine income" means receipts, other than those of a blind vendor, from vending machine operations on state property, after cost of goods sold at competitive prices, including reasonable service and maintenance costs, where the machines are operated, serviced, or maintained by, or with the approval of, a department or other agency of the state, or commissions paid, other than to a blind vendor, by a commercial vending concern which operates, services, and maintains vending machines on state property.

 

(f) Vending machine income from vending machines on property referred to in subdivision (c) of Section 19625. shall, pursuant to agreement as there provided, accrue to (1) the blind vendor operating a vending facility on that property, or (2) in the event there is no blind vendor operating a facility on the property, to the department for the uses designated in subdivision (d) of this section.

 

(g) (1) The amount of vending machine income accruing from vending machines on state property which may be used to contract for professional services, as provided in subdivision (d), shall be determined upon a vote of approval of three-fourths of the committee of licensed blind vendors. Under no circumstances shall the amount approved for professional services exceed 10 percent of the annual gross vendor machine income, as determined by the previous year's income.

 

(2) The committee of licensed blind vendors may contract for the provision of professional services without the express approval of the Department of General Services.

 

(h) Vending machine income accruing to the department from vending machines on federal property may be used for professional services pursuant to subdivisions (d) and (g) subject to the approval of the federal Rehabilitation Services Administration. If approved, the amount approved by the committee of licensed blind vendors in any fiscal year shall not exceed the annual gross income obtained from vending machines on state and federal property. The provisions of this section shall not apply to vending machine income from vending machines operated by existing, incorporated, employee-operated, nonprofit organizations that were incorporated prior to January 1, 1977. This subdivision shall not preclude preexisting or future arrangements for these organizations to share vending machine income with blind vendors.

 

(Amended by Stats. 1990, c. 1316 (S.B.2759), sec. 6.)


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19630.5 The BEP Vendor Loan Interest Rate Buy-Down Fund.

 

(a) The Blind Vendor Revolving Loan Fund is hereby created in the State Treasury, and, notwithstanding Section 13340 of the Government Code, is continuously appropriated without regard to fiscal years to the department for the purposes specified in this section. The fund shall be interest bearing. Commencing January 1, 2008, the fund is hereby renamed the BEP Vendor Loan Interest Rate Buy-Down Fund.

 

(b) The fund shall consist of moneys appropriated to that fund by the Legislature, and notwithstanding Section 16305.7 of the Government Code, all interest, dividends, and pecuniary gains from investments or deposits of moneys in the fund.

 

(c) (1) Moneys in the fund shall be used by the department for the purpose of reducing the interest that vendors are required to pay for loans issued by an eligible lender to purchase inventory and equipment for vending facilities.

 

(2) The department shall make funding contingent upon the vendor's good standing in the Business Enterprises Program and a determination that the department has not paid interest on another loan obtained by the vendor.

 

(3) Upon a determination that a vendor is eligible, the department shall pay, on behalf of the vendor, to an eligible lender, an amount not to exceed five thousand dollars ($5,000) to reduce the fair market interest rate of a loan described in paragraph (1) by up to 3 percent.

 

(4) If a vendor fails to repay a loan to an eligible lender, the lender shall reimburse the fund for the fund's share of any interest not yet accrued as of the time of default by the vendor.

 

(d) In determining eligibility for loan interest buy-down assistance from this fund, the department shall make any loan interest buy-down assistance contingent upon a determination that the blind vendor reasonably can be expected to repay the loan based on the vendor's expected income and that the applicant is currently an active vendor and has been in the Business Enterprises Program for at least one year.

 

(e) For purposes of this section, "eligible lender" means a financial institution organized, chartered, or holding a license or authorization certificate under a law of this state or in the United States to make loans or extend credit and subject to supervision by an official or agency of this state or the United States.

 

(f) Loan interest buy-down assistance pursuant to this section shall be made without regard to race, religion, creed, or sex.

 

(g) The total amount of interest buy-down assistance that may be provided under this section is limited to the amount contained in the fund, and the state shall not be liable beyond the amount contained in that fund for these debts, obligations, and liabilities.

 

(h) In the event that the total amount of loan interest buy-down assistance applied for under this section exceeds the total amount of assistance that may be provided pursuant to this section, the department may establish a system of priorities for the approval of applications.

 

(Amended by Stats. 2007, c. 687, (A.B.959))


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19631. Adequate net income; payments in supplementation of proceeds.

 

The department shall not cause or permit the establishment or placement of any blind vendor in a vending facility unless the director, in consultation with the committee of licensed blind vendors, first determines that the facility produces, or is likely to produce within a reasonable time, an adequate net income for a blind vendor.

 

Nothing in this article prohibits the entity or person controlling property on which a vending facility is located from making, to the blind vendor operating it, payments in supplementation of proceeds realized from sales.

 

(Amended by Stats.1990, c. 1316 (S.B.2759), sec. 7.)


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19632. Licenses; eligibility; review; regulations; approval or disapproval of operators; good cause for withdrawal of approval; termination or removal.

 

(a) Licenses shall be issued only to applicants who are blind within the meaning of Section 19153 and who are qualified to operate vending facilities. The continuing eligibility of a vendor as a blind person shall be reviewed biennially for partially sighted individuals and whenever the department has reason to believe a vendor's status as a blind person no longer fits the definition set forth in Section 19153.

 

(b) The director, in consultation with the committee of licensed blind vendors and the Program Manager of the Services for the Blind, shall adopt and publish regulations providing for all of the following:

 

(1) The requirements for licensure as a blind vendor.

 

(2) A curriculum for training and inservice training of blind vendors.

 

(3) A regular schedule for offering the training and inservice training classes. The classes shall be offered at least once per year, in at least two locations throughout the state.

 

(c) The person, governing board, or legislative body having the care, custody, and control of the building in which a vending facility is operated pursuant to this article, has the power to approve, disapprove, or withdraw approval of the person operating a vending facility, but only for good cause. Good cause shall be determined only after the person, governing board, or legislative body having control of the vending facility has notified the department in writing of the grounds for removal and has supplied any supporting material. All of the following shall apply to any disapproval or withdrawal of approval:

 

(1) Upon receipt of a written notification, the department shall issue a letter of reprimand to the vendor which shall include a copy of the original notification and any supporting material. The letter of reprimand shall also state the date of removal and the vendor's right to appeal the decision of the director to remove, suspend, or terminate the vendor from participation in the Business Enterprises Program. The letter of reprimand shall be sent by certified mail with a receipt confirmation required.

 

(2) Upon receipt of the letter of reprimand, the vendor shall have 15 regular working days to remedy the reasons for the complaint stated in the written notification. If the condition has not been rectified to the satisfaction of the person, governing board, or legislative body having control of the vending facility, that party shall notify the director, and the vendor shall be informed by the director and shall immediately vacate the premises.

 

(3) The department shall make all reasonable efforts, as appropriate, to assist the vendor in rectifying the condition or reason for the complaint stated in the written notification to the department during the 15-day probation period.

 

(4) The department may not orally, in writing, or by any other form of communication, instigate, initiate, or encourage a person, governing board, or legislative body having the control of the property in which a vending facility is operated to request the removal of a licensee.

 

(d) Each license shall be issued for an indefinite period. A license may be terminated by the department for good cause but only after providing the licensee an opportunity for a full and fair hearing in accordance with the provisions of this article. The removal of a licensee upon the request of the person, governing board, or legislative body having the care, custody and control of the property in which a vending facility is operated shall not require a finding of ineligibility for licensing.

 

(Amended by Stats.1990, c. 1316, (S.B.2759), sec. 8.)


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19633. Counties or cities; licenses and permits.

 

The vendor of each vending facility is subject to the provisions of any ordinance of the county or city in which the facility is located requiring a license or permit for the conduct of such business, but any such license or permit shall be issued free of charge to a blind person licensed by the department.

 

(Added by Stats.1977, c. 1131, p. 3631, sec. 2.)


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19634. Guide Dogs.

 

Blind persons who are authorized to operate vending facilities under this article may keep their guide dogs with them on the property while operating the vending facilities.

 

(Added by Stats.1977, c 1131, p. 3631, sec. 2.)


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19635. Dissatisfaction with actions taken; hearing; filing of complaint; arbitration panel.

 

Any blind vendor who is dissatisfied with any action arising from the operation or administration of the vending facility program may submit to the department a request for a full evidentiary hearing, which shall be provided by the department. If such blind vendor is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary of Health, Education, and Welfare who shall convene a panel to arbitrate the dispute pursuant to Section 6 of the Randolph-Sheppard Act, and the decision of such panel shall be final and binding on the parties except as otherwise provided in that act.

 

(Added by Stats. 1977, c. 1131, p. 3631, sec. 2)


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19636. Assignment of personnel; administration of article; annual staffing review.

 

The director shall assign adequate personnel to carry out duties related to the administration of this article. In selecting personnel to fill any position under this section, the director shall comply with the discrimination prohibition of subdivision (a) of Section 12940 of the Government Code. The director shall review staffing annually. The committee of licensed blind vendors shall be allowed to provide input regarding the adequacy of the staffing levels for the Business Enterprises Program prior to the director's annual review.

 

(Amended by Stats.1990, c.1316 (S.B.2759), sec. 9.)


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19637. Financial data; copies of audits, reports and investigations.

 

The director shall provide to each blind vendor access to all relevant financial data, including quarterly and annual financial reports on the operation of the state vending facility program and access to his or her performance rating or other personal data maintained by the department in regard to him or her.

 

A copy of all completed audits, reports, and investigations which affect the Business Enterprises Program for the Blind shall be sent to the committee of licensed blind vendors.

 

(Amended by Stats.1990, c. 1316 (S.B.2759), sec. 10.)


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19638. Committee of licensed blind vendors; biennial election; responsibilities and actions; contracts for professional services.

 

(a) The director shall conduct a biennial election by secret ballot of a committee of licensed blind vendors who shall be fully representative of all blind licensees in the state program. Representation shall be no less than one committee member for every 25 licensed vendors. At the discretion of the committee, major issues may be referred to a subcommittee of blind vendors, or to all the blind vendors in order to ascertain their views. Only licensed blind persons operating a facility shall serve on the committee or subcommittees, or vote in any poll or election authorized under this article. The members and subcommittee members shall be reimbursed for their actual and necessary expenses in participating in committee functions.

 

(b) The director shall ensure that the participation of the committee of blind vendors is, at a minimum, equal to that required by Section 107b-1 of Title 20 of the United States Code. The responsibilities and actions of the committee of blind vendors shall include, but not be limited to:

 

(1) Participation, with the department, in major administrative decisions and policy and program development. Any implementation of changes in administrative policy or program development that is within the discretion of the department shall occur only after review by this committee of licensed blind vendors.

 

(2) Receiving grievances of blind vendors and serving as advocates for the vendors.

 

(3) Participation, with the department, in the development and administration of a transfer and promotion system for blind vendors.

 

(4) Participation, with the department, in developing training and retraining programs.

 

(5) Sponsorship, with the assistance of the department, of meetings and instructional conferences for blind vendors.

 

(c) The committee of licensed blind vendors may contract for professional services, including, but not limited to, legal counsel. Payment for professional services rendered to the committee of licensed blind vendors shall be made from state vending machine income pursuant to subdivisions (d) and (e) of Section 19630.

 

(Amended by Stats.1990, c. 1316 (S.B.2759), sec. 11.)


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19639. Rules and regulations.

 

(a) The director shall adopt and promulgate necessary rules and regulations, in compliance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and do all things necessary and proper to carry out this article. The director shall review these regulations for possible revision at least every three years.

 

(b) These regulations shall include, but not be limited to:

 

(1) Uniform procedures for vendor application and termination.

 

(2) Criteria and standards for selecting vendors and matching vendors to facilities which shall ensure that the most qualified person is selected for a facility.

 

(3) Equipment life standards and service standards for the inventory, repair, and purchase of equipment, as required under subdivision (a) of Section 19626.5

 

(4) The minimum requirements for installation of a facility.

 

(5) A fair minimum of return to vendors.

 

(6) Standards for training, in-service retraining, and upward mobility.

 

(7) The policies and procedures used by the department for collection and deposit or disbursement of all vending facility income, including, but not limited to, the frequency, rules regarding, and method of collection of funds from facilities operated by licensed blind vendors and facilities operated by other individuals or entities.

 

(c) The director shall provide a written copy of all rules and regulations adopted pursuant to this section to all vendors. Upon request by a vendor, the rules and regulations shall be supplied to the vendor on cassette tapes in lieu of the written copy. In addition, the director shall notify all vendors of any proposed changes to the rules and regulations.

 

(Amended by Stats.1990, c. 1316 (S.B.2759),sec. 12.)


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19640. Report to committee of licensed blind vendors; survey; department and agency cooperation; biennial update.

 

(a) The department shall prepare and submit a report to the committee of licensed blind vendors and to any appropriate governmental agencies pursuant to Sections 20000 to 20050, inclusive, of the State Administrative Manual, on or before January 1, 1992, which shall include all of the following:

 

(1) A list of all state property (as defined in Section 19625. of the Welfare and Institutions Code) and federal buildings or property, which already does or which could accommodate a vending facility as provided for in this article, or the federal Randolph-Sheppard Act (20 U.S.C. Sec. 107 et seq.).

 

(2) For those buildings or locations which have a vending facility in place, an indication of which facilities are operated by licensed blind vendors as part of the Business Enterprises Program for the Blind, and which are operated by private entities.

 

(3) For those vending facilities operated by a private entity, an indication of those from which commissions for the Business Enterprises Program for the Blind have been collected.

 

(4) For those buildings or locations which do not have vending facilities in place, an indication of those in which a vending facility would appropriately be placed, or the reasons, as provided in paragraph (2) of subdivision (a) of Section 19627., why a vending facility is not feasible in that building or location.

 

(b) The director shall obtain all available information from the Department of General Services to conduct a survey, in every odd-numbered year on or before June 30 of each odd-numbered year commencing with 1991, for incorporation into the report required under subdivision (a). The survey shall include, but not be limited to, all of the following:

 

(1) The number and identity of state buildings.

 

(2) The number and identity of those state buildings which have vending facilities or machines.

 

(3) The number of employees located in each building, rather than in the field, during working hours.

 

(4) The square footage of the building.

 

(5) Other appropriate information requested by the department.

 

(c) In preparing the report required by subdivision (a) and each of the updates required under subdivision (d), all departments and agencies which have vending machines or facilities shall cooperate with the department by providing information from the entities having care, custody, and control of any vending machines or facility, including, but not limited to, the terms of contracts for vending including fiscal terms, and the disbursement practices for vending machine income. The department shall incorporate this information into the report.

 

(d) The report prepared by the department pursuant to this section shall be updated on or before January 1 of every even-numbered year, and this biennial update shall also be submitted to the committee of licensed blind vendors and the Legislature.

 

(e) The reports and updates required by this section shall be used by the department and the committee to develop greater opportunities for placement of blind vendors and vending machines and facilities on state property.

 

(Amended by Stats.1990, c. 1316 (S.B.2759), sec. 13.)


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19640.5 Fiscal audit and programmatic review and audit.

 

(a) Commencing with the 1991-92 fiscal year, the State Auditor shall conduct a fiscal audit every third fiscal year, until January 1, 2002, and a programmatic review and audit every five years, until January 1, 2003.

 

(b) The Joint Legislative Audit Committee may review and report on the audit requirements imposed on the State Auditor by subdivision (a) on or before January 1, 2002, for the fiscal audit requirement, and on or before January 1, 2003, for the program review and audit requirement.

 

(Added by Stats.1990, c. 1316 (S.B. 2759), sec. 13.5.)


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19641. Surviving spouse of blind vendor; right to operate facility; conditions; issuance of license.

 

The surviving spouse of a blind vendor operating a facility pursuant to this article shall have the right after the death of the blind vendor to operate the facility operated by the blind vendor immediately prior to his or her death if the spouse meets all of the following conditions:

 

(a) The spouse is blind as that term is defined for purposes of this article.

 

(b) The spouse has been certified as qualified to operate a vending facility prior to the death of the blind vendor, even if the spouse is not currently certified as qualified to operate a vending facility.

 

(c) The spouse, within a period of one year after the death of the blind vendor, becomes certified as qualified to operate a vending facility by passing a certification examination with a score of at least 70 percent.

 

(d) The spouse has assisted the blind vendor in the operation of the vending facility.

 

A license shall be issued to a surviving spouse who meets the requirements in subdivisions (a) through (d). If the spouse needs to be recertified as qualified to operate a vending facility, the spouse shall have undergone at least a two-month supervised on-the-job training experience at the facility which the blind vendor operated.

 

A spouse seeking to operate a vending facility pursuant to this section shall be permitted to operate the facility during the one-year period after the death of the blind vendor operating the facility without regard to the status of the spouse's certification, and the spouse shall be eligible during the one-year period after the death of the blind vendor for any training provided by the department, or any agency designated by the department, to persons seeking to become certified as qualified to operate a vending facility.

 

This section shall apply to vending facilities where the death of the blind vendor operating the facility occurs on or after January 1, 1981.

 

(Added by Stats.1982, c. 596, p. 2564, sec. 1, eff. Aug. 25, 1982. Amended by Stats.1990, c. 1316 (S.B.2759), sec. 14.)


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Article 6
Blind Vending Operators Annuity Fund

 

Section

19650. Legislative intent.

 

19651. Contributions to annuity plan; commissions from facilities with no licensed blind vending stand operators.

 

19650. Administration of fund; advisory plan committee; enrollment in life insurance plans.


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19650. Legislative intent.

 

It is the intent of the Legislature in enacting this article to further carry out the purposes of this chapter by relieving blind vending stand operators from the distress of poverty brought about by illness or old age.

 

(Added by Stats.1974, c. 951, p. 1987, sec. 1.)


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19651. Contributions to annuity plan; commissions from facilities with no licensed blind vending stand operators.

 

From commissions collected in those facilities in which there are no blind vending stand operators licensed by the Department of Rehabilitation, the Department of Rehabilitation, upon a finding by the department that the vendors' retirement program is actuarially sound and fiscally solvent, shall contribute to an annuity plan for blind vending stand operators licensed by the Department of Rehabilitation pursuant to Section 19630 of this chapter or pursuant to Section 107a of Title 20 of the United States Code.

 

(Amended by Stats.1990, c. 1316, (S.B.2759) sec. 15.)


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19652. Administration of fund; advisory plan committee; enrollment in life insurance plans.

 

(a) The Department of Rehabilitation shall:

 

(1) Cooperate with or arrange through private carriers for the administration of an annuity plan pursuant to Sections 19650. and 19651.

 

(2) In accomplishing the provisions of this subdivision the department shall establish and consult with the committee of licensed blind vendors.

 

(b) The blind vending operators shall be deemed a group within the definition of Section 10200.5 of the Insurance Code who may be enrolled in a franchise or wholesale life insurance plan.

 

(Amended by Stats.1990, c. 1316, (S.B.2759) sec. 16.)


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