Section 7214 - Announcing the Availability of Vending Facilities(a) The Business Enterprises Program for the Blind (BEP) shall announce the availability of a vending facility by issuing a DR 460, Vending Facility Announcement (Rev. 09/09), incorporated by reference herein. At least 10 calendar days prior to the deadline for submitting applications, the BEP shall post the announcement on the Department's website, record the announcement on a telephone based information system that is available to licensees and vendors, and provide the announcement to the California Vendors Policy Committee. Upon request, the BEP shall also provide the announcement in an appropriate mode of communication, to the extent possible, consistent with Code of Federal Regulations, title 34, part 361.5(b)(5) and Welfare and Institutions Code section 19013.5(b). Such modes of communication may include providing the announcement in large print, Braille, on audiotape, 3.5" diskette, or compact disk, and transmitting announcement electronically.(b) When announcing the availability of a vending facility, the BEP shall consider whether or not the vending facility is projected to generate an adequate net income, as defined in Section 7211(a)(2) of these regulations.(1) When a newly established vending facility is available and the minimum projected net income meets BEP guidelines specified in Section 7211(a)(2) of these regulations, the vending facility shall be announced as available as a primary site, as defined in Section 7211(a)(36) of these regulations.(2) When a previously operated vending facility is available and the minimum projected net income meets BEP guidelines specified in Section 7211(a)(2) of these regulations, the vending facility shall be announced as a primary site, as defined in Section 7211(a)(36) of these regulations. The vending facility shall be announced within 15 working days following receipt of resignation or removal of the vendor whose facility is being vacated and made available.(3) When a previously operated vending facility is available and the minimum projected net income does not meet BEP guidelines specified in Section 7211(a)(2) of these regulations, the vending facility shall be announced as available to be operated as a satellite site to be combined or consolidated with one or more other sites. The BEP Manager shall identify which of the sites is the primary site.(4) When two or more previously operated vending facilities are available concurrently, and no one vending facility is projected to generate a minimum projected net income specified in Section 7211(a)(2) of these regulations, the BEP may combine or consolidate the sites and announce them as available to be operated as a vending facility on more than one site. The BEP Manager shall identify which of the sites shall be the primary site. Sites that are combined or consolidated into a vending facility shall be announced as available within 15 working days of the BEP's decision to combine and consolidate the sites.(c) Before announcing the availability of a vending facility that is comprised of two or more sites that have been combined or consolidated, the BEP Manager shall assess the potential income of each site to determine whether the combined or consolidated sites will generate a minimum projected net income of at least the amount specified in Section 7211(a)(2) of these regulations.Cal. Code Regs. Tit. 9, § 7214
1. New article 5 (sections 7214-7214.8) and 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). For prior history of section 7214, see Register 93, No. 6.
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). Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107, 107a(a)(5), 107a(b), 107a(e) and 107b-1(3); 34 CFR Sections 361.5(b)(5), 395.1(i), 395.2, 395.3(a)(4), 395.5, 395.7 and 395.14(b); and Sections 19011, 19013.5(b), 19625, 19626, 19631 and 19638(b), Welfare and Institutions Code.
1. New article 5 (sections 7214-7214.8) and 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). For prior history of section 7214, see Register 93, No. 6.
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).