Cal. Code Regs. tit. 9 § 7213.6

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 7213.6 - Reinstatement of a License

(a) For purposes of this section, the DR 468, Vending Facility License (Rev. 07/07), incorporated by reference herein, shall be referred to as the "license."

(b) If a licensee or vendor resigns from the Business Enterprises Program for the Blind (BEP), the licensee or vendor may request reinstatement of his or her license.

(1) If a former licensee or vendor requests reinstatement within two years after he or she resigned, the BEP Manager may reinstate a license only if:

(A) The former licensee or vendor meets the requirements to apply for participation in the BEP established in Section 7212(a) of these regulations;

(B) The former licensee or vendor requesting reinstatement possesses necessary certifications required by Health and Safety Code sections 113700 through 114180; and

(C) If the individual requesting reinstatement was a former vendor, he or she has paid all monies owed to the BEP, including, but not limited to set-aside fees payment for workers' compensation or liability insurance, and penalties, and filed all of the required DR 478, Vendor's Monthly Operating Reports (Rev. 06/16), incorporated by reference herein.

(2) If a former licensee or vendor requests reinstatement from two to four years from the date of resignation or from two to four years from the last day the former vendor operated a vending facility, whichever is most recent, the former licensee or vendor requesting reinstatement must either:

(A) Enroll in and complete the BEP Vendor Training Program described in Section 7212.1 of these regulations, except that an individual who was a former vendor will not be required to complete the on-the-job training specified in Section 7212.1(c)(2) of these regulations; or

(B) Challenge the requirement to take the BEP Vendor Training Program. Former licensees and vendors who challenge the need to take the Vendor Training Program are required to score 70 percent or higher on an examination given by the BEP Training Instructor, comparable to the midterm test specified in Section 7212.1(f) of these regulations. A former licensee or vendor who passes this test shall have his or her license to operate a vending facility reinstated by the BEP Manager.

(3) If a former licensee or vendor requests reinstatement after four years from the date of resignation or the last day he or she operated a BEP vending facility, the former licensee or vendor requesting reinstatement must complete all components of the Vendor Training Program described in Section 7212.1 of these regulations.

(c) A former licensee or vendor who fails to take the appropriate actions specified herein shall not have his or her license reinstated.

(d) A former licensee or vendor whose license is not reinstated has the right to an administrative review and full evidentiary hearing as provided for in Sections 7227.1 and 7227.2 of these regulations, respectively.

Cal. Code Regs. Tit. 9, § 7213.6

1. New section filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
2. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).
3. Amendment of subsection (b)(1)(C) filed 10-18-2017; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2017, No. 42).

Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016, 19632 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107, 107a(a)(5), 107a(b), 107a(e), 107b(3), 107b(6) and 107d-1(a); 34 CFR Sections 395.1(i), 395.2, 395.3(a)(7), 395.5, 395.7, 395.9 and 395.13; Sections 113700-114180, Health and Safety Code; and Sections 19011, 19625, 19629 and 19635, Welfare and Institutions Code.