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13a.11.04.00.htm 13A.11.04.00. Title 13A STATE BOARD OF EDUCATION Subtitle 11 PROGRAMS FOR ADULTS WITH DISABILITIES Chapter 04 Business Enterprise Program for the Blind Authority: Education Article, §21-301―21-303; State Finance and Procurement Article, §14-109; Annotated Code of Maryland;Federal Regulatory Reference: 34 CFR 395
13a.11.04.01.htm 13A.11.04.01. 01 Scope.. This chapter implements the Maryland Business Enterprise Program for the Blind which is established pursuant to the Randolph-Sheppard Act, 20 U.S.C. §107 et seq. and Education Article, §21-301―21-303, Annotated Code of Maryland. The purpose of the program is to establish vending facilities on federal, State, county, municipal, and private property for blind persons to operate as small business enterprises. The Division of Rehabilitation Services of the State Department o
13a.11.04.02.htm 13A.11.04.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Abandonment" means a vendor's relinquishment of responsibility to operate the vendor's vending facility in accordance with the Operating Agreement and Permit/Contract by failing to assure the continued operation of the facility to serve customers.2) "Active participation" means an ongoing process of negotiations between the Division and the Committee to achieve joint pl
13a.11.04.03.htm 13A.11.04.03. 03 Candidacy for Training.. A. To be considered for training for the Business Enterprise Program for the Blind, an individual shall meet the requirements:1) In Regulation .05A(1)a) and (b) of this chapter; and. 2) Established by the Division and Committee described in the Administrative Manual in terms of academic and interpersonal skills, confirmed by findings of a career assessment or psychological evaluation, or both.B. Individuals meeting the standards in §A(1) and
13a.11.04.04.htm 13A.11.04.04. 04 Training.. A. Establishment.. 1) The Division with the active participation of the Committee shall develop training, retraining, and upward mobility programs for blind persons who are vendors or potential vendors.2) The Division shall ensure that effective programs of vocational and other training services are provided to blind persons as vocational rehabilitation services under the Rehabilitation Act of 1973, as amended.B. Training Curriculum and Materials..
13a.11.04.05.htm 13A.11.04.05. 05 Licenses.. A. Eligibility.. 1) The Division shall issue licenses to persons who are determined to be:. a) Blind persons;. b) Citizens of the United States; and. c) Qualified to operate vending facilities.. 2) A blind person is qualified to operate vending facilities if the person has:. a) Successfully completed the training program for potential vendors; or. b) Been determined by the Division to have the requisite knowledge and skills as determined under th
13a.11.04.06.htm 13A.11.04.06. 06 Assignment of Vendors.. A. Ready-for-Assignment List.. 1) The Division with the active participation of the Committee shall establish and maintain a Ready-for-Assignment List of all licensed blind persons awaiting assignment to a vending facility by ranking the persons in the order in which they were licensed or accrued seniority, whichever applies.2) The Division shall give persons on the Ready-for-Assignment List announcements of vending facility openings distributed in
13a.11.04.07.htm 13A.11.04.07. 07 Operating Agreement.. A. An Operating Agreement shall be developed with the active participation of the Committee of Blind Vendors and shall be made part of the Administrative Manual.B. Terms.. 1) The Division and the vendor shall enter into an Operating Agreement each time a vendor is assigned to a vending facility.2) The Operating Agreement shall be effective on the first day that the vendor is required to be on the location and signed by the Division and the vendor.
13a.11.04.08.htm 13A.11.04.08. 08 Vending Facility Equipment and Merchandise.. A. Vending Facility Equipment.. 1) The Division, with the participation of the vendor, shall determine what equipment is needed to operate the vendor's vending facility and shall:a) Provide adequate equipment in good working order;. b) Replace worn-out equipment;. c) Retain ownership of equipment purchased by the Division;. d) Repair and maintain equipment owned by the Division;. e) Repair and maintain equipment owned by the prop
13a.11.04.09.htm 13A.11.04.09. 09 Program Budget.. The Division with the active participation of the Committee shall prepare a budget for the program before June 1 of each fiscal year, which reflects revenues and expenses for the next State budget year. The budget shall contain a complete plan of proposed expenditures and estimated income for the new fiscal year and shall show a zero balance.
13a.11.04.10.htm 13A.11.04.10. 10 Set-Aside Charges.. A. Determination and Use of Set-Aside Charges. On or before June 1 of each fiscal year, the Division with the active participation of the Committee shall determine the extent, if any, to which funds shall be set aside from the net proceeds of each vending facility during the following State budget year.B. If the Division and the Committee determine that set-aside charges shall be assessed, the Division shall publish and submit the schedule of set-asi
13a.11.04.11.htm 13A.11.04.11. 11 Vending Machine Income.. A. Distribution of Assigned Vending Machine Income.. 1) The Division shall remit monthly, if available, or otherwise quarterly vending machine income which accrues from vending machines on federal, State, local, or private property to the vendor operating a vending facility on the property in accordance with 34 CFR §395.32.2) Vending machine income remitted to a vendor shall be reported separately from gross sales and shall be included in calcula
13a.11.04.12.htm 13A.11.04.12. 12 Resignation, Extended Illness, and Suspension and Termination of Licenses.. A. Resignation.. 1) Notice.. a) When a vendor resigns from a vending facility or the program, the vendor shall give the Division written notice at least 90 calendar days in advance of the effective date of resignation unless the vendor is reassigned to another vending facility.b) The Division may waive this requirement in an emergency.. c) If a vendor fails to comply with this requireme
13a.11.04.13.htm 13A.11.04.13. 13 Administrative Review, Full Evidentiary Hearing, and Arbitration.. A. Administrative Review.. 1) A vendor who is dissatisfied with any action, or actions, arising from the operation or administration of the program may obtain an administrative review of the action, or actions, by filing a written request within 15 calendar days of such action with the Director of the Office for Blindness and Vision Services (OBVS) Division of Rehabilitation Services stating the act
13a.11.04.14.htm 13A.11.04.14. 14 Committee of Blind Vendors.. A. Biennial Election.. 1) The Division shall convene a meeting of all vendors in the spring of each even-numbered year to elect a Committee of Blind Vendors.2) The elections shall be held in accordance with the Constitution adopted by the vendors.. 3) The Constitution shall conform to the requirements of 34 CFR §395.14 and this chapter.. 4) All licensed vendors holding an Operating Agreement are required to attend the bi-annual meeting..
13a.11.04.15.htm 13A.11.04.15. 15 Access to Program and Financial Information.. A. The Division shall provide vendors with program and financial reports including audits to the extent that the disclosure does not violate the laws pertaining to disclosure of confidential information.B. The Division shall prepare and submit to the Committee in accordance with time periods specified in the Administrative Manual written annual financial reports.C. The reports shall set forth revenues received a
13a.11.04.16.htm 13A.11.04.16. 16 Explanation of Rights and Responsibilities.. A. The Division shall provide each vendor with a copy of this chapter, the Operating Agreement, applicable permits or contracts between the Division and property managing agency, the Administrative Manual, and the Nominee Agreement, and any other documents relating to the operation of the facility, if any.B. The Division with the active participation of the Committee shall also provide in writing to each vendor an explanation of
13a.11.04.17.htm 13A.11.04.17. 17 Division Responsibilities.. A. Forms and Reports. The Division shall issue forms, operating procedures, or reports necessary to implement these regulations with the active participation of the Committee.B. Vending Facilities.. 1) The Division with the active participation of the Committee shall make decisions regarding the opening, closing or consolidating of vending facilities and the number of facilities to be established at any given site in accordance with the Administ
13a.11.04.18.htm 13A.11.04.18. 18 Administrative Manual.. A. The Division, with the active participation of the Committee, shall develop policies and procedures as required to assure the efficient operation and administration of the program.B. The policies and procedures shall be contained in an Administrative Manual which shall be binding on both the Division and the vendors.C. The Division and the Committee shall review the Manual every 3 years..
13a.11.04.19.htm 13A.11.04.19. 19 Affirmative Action and Non-Discrimination.. A. Duties of the Division.. 1) The Division shall take affirmative action to recruit, train, and license blind persons from minority groups for the program.2) The Division may not discriminate in the recruiting, training, and licensing of blind persons for the program and the assignment of vendors to vending facilities on the basis of sex, race, age, creed, color, national origin, physical or mental disability, or political aff
13a.11.04.20.htm 13A.11.04.20. 20 Procurement.. The State procurement regulations for the operation of vending facilities on property controlled by the Department of General Services are found in COMAR 21.11.09.
13a.11.04.9999.htm 13A.11.04.9999. Administrative History Effective date: May 2, 1988 (15:9 Md. R. 1111). Regulation .20 adopted effective June 7, 1993 (20:11 Md. R. 915) ―. Chapter revised effective December 9, 2004 (31:24 Md. R. 1728). Regulation .02B amended effective December 6, 2007 (34:24 Md. R. 2159). Regulation .05A amended effective December 6, 2007 (34:24 Md. R. 2159). Regulation .06F amended effective December 6, 2007 (34:24 Md. R. 2159).
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