Ala. Admin. Code r. 795-7-2-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 795-7-2-.04 - Removal From A BEP Facility, Suspension, Or Termination Of License

(1) The SLA shall issue licenses for an indefinite period. Licensees, temporary operators, and vendors are subject to removal, suspension, or termination. Suspension or termination of a license shall occur only after affording the vendor an opportunity for a full evidentiary hearing. If the vendor is dissatisfied with the full evidentiary hearing decision, he/she may request that a federal arbitration panel be convened by filing a complaint with the Secretary of the United States Department of Education. Removal, suspension, or termination may occur should the SLA find that the vending facility of a licensee, temporary operator, or vendor is not operated in accordance with:

(a) licensing requirements,

(b) the rules and regulations governing the program,

(c) federal regulations governing the program,

(d) the terms and conditions of the permit,

(e) the terms and conditions of the operating agreement,

(f) state law, the violation of which may result in physical harm to customers of the facility, the department, or the vendor;

(g) regulations of other state of Alabama and federal agencies that have regulatory authority directly related to the operation of a BEP facility; and

(h) rules prohibiting the use of alcoholic beverages or illegal drugs while on duty.

(2) The suspension or termination of a license may be brought about by deterioration of the relationship between the grantor and the vendor that results in the grantor requesting removal of the vendor in order for the facility to remain a part of BEP.

(3) The termination or suspension may result from failure of a vendor to fully disclose a felony conviction(s) that occurs during the time he or she is assigned a facility. Licensees shall disclose any present or past felony conviction(s) to the SLA. The SLA will not disclose this information unless it is a condition of placement involving a security clearance or grantor requirement.

(4) The SLA may take action to remove vendors from their facility who become seriously delinquent in the submission of BEP 1-E monthly financial reports and corresponding set-aside assessments due the set-aside fund, and escrow funds due the SLA escrow account for initial stocks, supplies or petty cash as defined by 795-7-6-.03 and the commissioner of ADRS.

(5) Licensees, temporary operators and vendors whose license has been suspended or terminated shall return said license to the SLA within 15 days of suspension or termination.

(6) Additionally, the SLA may suspend or terminate a license after affording the vendor an opportunity for a full evidentiary hearing for:

(a) Improvement of vision such that the vendor no longer meets the definition of blind person as defined by applicable federal regulations. In order to ensure compliance, vendors may be required to undergo an ophthalmologic examination. The SLA shall approve the exam provider and costs for such an exam shall be the responsibility of the SLA.

(b) Voluntary withdrawal of the vendor from the program upon written notification.

Authors: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors

Ala. Admin. Code r. 795-7-2-.04

New Rule: Filed January 19, 2000; effective February 23, 2000.

Statutory Authority:Code of Ala. 1975, §§ 21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.