Section 7220.7 - Vendor Incapacitated or Deceased(a) If a vendor becomes incapacitated and is unable to operate his or her vending facility, or supervise a manager at his or her vending facility, the Department may place the facility into interim operation consistent with section 7215 of these regulations and select a licensee or vendor to operate the interim vending facility for a period of six months.(1) The licensee or vendor selected to operate the interim vending facility may operate the vending facility for an additional six months, if the prognosis of the incapacitated vendor's illness is still unknown.(2) The Department shall announce the vending facility as available to be operated on a permanent basis at the end of a one-year period, unless there is written medical justification that indicates the incapacitated vendor can resume responsibility for the vending facility at a specific, and within a reasonable, period of time.(b) If a conservator is appointed to manage the incapacitated vendor's estate, the Department shall cooperate with that conservator regarding management of the vending facility and, if appropriate, the disposition of any of the vendor's assets.(c) Upon the death of a vendor, the vendor's license shall be deemed surrendered.(d) The spouse of a vendor who meets the requirements of Welfare and Institutions Code section 19641, may operate the vending facility.(e) If the deceased vendor's spouse does not meet the requirements of Welfare and Institutions Code section 19641, the Department shall arrange with the spouse or other legal representative of the deceased vendor for the settlement of that vendor's accounts, including the vendor's interest in any equipment and stock. Once the actions taken pursuant to this subdivision are initiated, the BEP shall announce the vending facility as available to operate by licensees and vendors consistent with section 7214 of these regulations.(f) The spouse or other legal representative of an incapacitated or deceased vendor shall be allowed a full evidentiary hearing pursuant to section 7227.2 of these regulations with respect to the amount to be paid by the BEP for the vendor's equity in the vending facility stock and equipment.Cal. Code Regs. Tit. 9, § 7220.7
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. Change without regulatory effect amending subsection (e) filed 1-14-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 3). 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 107b(6) and 107d-1(a); 34 CFR Sections 395.3(a)(7), 395.6 and 395.13; and Sections 19011, 19635 and 19641, Welfare and Institutions Code.
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. Change without regulatory effect amending subsection (e) filed 1-14-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 3).