Section 17-403-19 - Selection of vending facility locations in State, city and county buildings(a) Vending facilities may be situated in public buildings, including buildings leased by a State, city or county. The permit or lease shall be in the name of the SLA and shall not be transferable except by the SLA.(b) Any building that an authority undertakes to acquire by ownership, lease, or to otherwise occupy, in whole or in part, shall include a satisfactory site for the location and Operation of a vending facility. This includes any building that is to be constructed, or substantially altered or renovated. (1) Each authority shall provide the SLA written notice by certified mail, return receipt requested, of its intention to acquire or otherwise occupy a building. The written notice shall be provided as early as practicable, but no later than 90 days before such intended action.(2) The SLA shall be afforded the opportunity to select the location and type of vending facility to be operated by a licensee prior to the completion of the final space layout of the building.(3) The SLA shall consult with the authority and with the chair of the HSCBV, or the chair's designee, and, within 30 days following receipt of the notice to occupy, will determine whether the site is satisfactory for a vending facility. A vending facility is not required to be established where the SLA determines that a facility is not feasible.(4) An arbitration board of three persons shall hear appeals as provided in subsection (5) of this section. (A) The arbitration board will resolve the issue(s) submitted for arbitration and determine if the authority violated HRS 102-14 or these regulations.(B) The arbitration board shall consist of one individual designated by the HSCBV chair or the chair's designee who shall serve as chair, one person designated by the authority over which a dispute arises, and a third person who is not an employee of the authority selected by the two.(C) If either party fails to promptly agree to a third person, the SLA shall appoint a hearing officer from the list of qualified and impartial hearing officers maintained by the SLA.(5) If, in the opinion of the SLA, any authority fails to comply with HRS 102-14, the SLA shall appeal the authority's action to the arbitration board. (A) The arbitration board, shall, within 30 days' written notice of appeal, conduct a hearing and render its decision. The time for hearing may only be extended by mutual consent of the SLA and the authority.(B) The decision of the arbitration board shall be in writing and shall be final and binding.(C) If the arbitration board determines that the acts or practices of any authority violate the priority given to blind or visually handicapped persons to establish and/or operate vending facilities, the head of the affected authority shall promptly cause such acts or practices to be terminated, and shall take such other action as may be necessary to carry out the decision of the arbitration board. Notwithstanding the above, the SLA shall have authority to proceed with all remedies authorized by law when a county or city fails to comply with HRS 102-14.(6) Except where caused by the negligence of the SLA or a licensee, no Charge may be made to the SLA or a licensee for rent, Utilities, maintenance and/or repair of building structures in and adjacent to vending facility areas, except as authorized by agreement entered into prior to January 1, 2010.(c) The provisions of this section shall not apply to buildings exempted under section 102-14(g), HRS.(d) The SLA shall prepare a written report of a proposed suitable location and transmit the written report to the HSCBV chair no less than 15 days prior to the date a permit or lease for a vending facility is entered into by the licensing agency. Factors to be considered in the written report include the total number of employees in a building and the number of persons having easy access to a vending facility on a daily basis.(e) The SLA shall prepare a written report with estimated expenditure of funds for equipment and initial stock of newly established or substantially remodeled vending facilities and transmit the written report to the HSCBV chair at least 15 days prior to the proposed expenditure of such funds.[Eff am and comp NOV 13 2010] (Auth: HRS § 102-14) (Imp. HRS § 102-14, 347-12.5)