Ariz. Admin. Code § 6-4-301

Current through Register Vol. 30, No. 45, November 8, 2024
Section R6-4-301 - Definitions

In this Article the following definitions apply unless the context otherwise requires:

1. "Abandoned facility" means a business facility where a BEP operator has failed to open the facility without good cause for 24 hours.

2. "Agreement for operation of a vending facility" or "operator's agreement" means the written contract between the Department of Economic Security and a business enterprise program operator that regulates the terms and conditions under which the business enterprise shall be managed.

3. "Arizona Participating Operators Committee" or "APOC" means a fully representative committee of blind operators elected biennially by their peers which functions as an integral part of the Business Enterprise Program having active participation in major BEP administrative decisions and policy and program development decisions affecting the overall administration of the state's vending facility program.

4. "Business Enterprise Program" or "BEP" means an organizational unit of the Rehabilitation Services Administration within the Department of Economic Security which is the state licensing agency that provides opportunities for legally blind persons to operate merchandising business facilities in public and other property.

5. "Business Enterprise Program operator" or "BEP operator" means a licensee who enters into an operator's agreement with the BEP to manage and operate a business facility.

6. "Business facility" means a particular place of merchandising identified by the BEP which provides an opportunity to operate a vending facility.

7. "Candidate" means a legally blind client receiving vocational rehabilitation services who is referred to the BEP by a vocational rehabilitation counselor for training and placement.

8. "Certified trainee" means a legally blind client of the Vocational Rehabilitation Program who has successfully completed training and has been certified by the BEP.

9. "Department" means the Arizona Department of Economic Security.

10. "Displaced operator" means a licensee who has operated a business facility in Arizona under the provisions of this Article and is not currently assigned to a business facility as a result of a facility or building closure or medical leave.

11. "Grantor" means the agency that grants a permit to, or enters into an agreement with, the BEP to provide a satisfactory site for the operation of a business facility.

12. "Guaranteed fair minimum of return" means the prevailing federal minimum wage multiplied by a 40-hour work week.

13. "Initial probation" means the first six months after an operator assumes management of his first business facility or a higher level business facility during which time the operator's performance is evaluated for permanent status, termination or performance probation.

14. "Legally blind person" means a person who, after examination by an ophthalmologist, has been determined to have no vision or acuity or has a central visual acuity of 20/200 or less in the better eye, with the best correction by single magnification, or who has a field defect in which the peripheral field has been contracted to such extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees.

15. "Licensee" means a legally blind person who has been licensed by the Department to operate a business facility.

16. "Net proceeds" means the amount remaining after the deduction of business expenses from all income accruing to a BEP operator from the operation of a vending facility.

17. "Performance probation" means a period of time not exceeding six months during which a business facility operator who is not on initial probation shall correct documented, unacceptable performance or deficiencies upon written notice by the BEP.

18. "Rehabilitation Services Administration" or "RSA" means the organizational unit within the Department which is responsible for the administration of the Vocational Rehabilitation Program for the Blind and Visually Impaired.

19. "Temporary Business Enterprise Program operator" or "temporary operator" means an individual who contracts with the Department to operate a business facility for a specified period of time and who may or may not be a legally blind person.

20. "Trainee" means a candidate who has been accepted into and is receiving training from the BEP prior to placement and licensure.

21. "Upward mobility training" means additional training that enhances a BEP operator's work opportunities.

22. "Vending facility" means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment which may be operated by blind licensees, and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, food, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending or exchange of chances for any lottery authorized by state law and conducted by an agency of a state within such state.

23. "Vocational rehabilitation counselor" or "counselor" means the person in the Vocational Rehabilitation Program (VR) who determines the appropriateness of its clients for referral to the BEP.

Ariz. Admin. Code § R6-4-301

Former Section R6-4-301 renumbered to R6-4-401, new R6-4-301 adopted effective May 7, 1990 (Supp. 90-2).