12-150-15 Me. Code R. § 1

Current through 2024-44, October 30, 2024

Section 150-15-1 - DEFINITIONS

1. For purposes of the Business Enterprise Program, the following definitions apply:

A. BLIND PERSON: A person who has:

(1) Not more than 20/200 central visual acuity in the better eye after correction: or

(2) A limitation in the field of vision in the better eye such that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees.

(3) Such blindness shall be certified by a duly licensed ophthalmologist and/or optometrist.

B. BUSINESS ENTERPRISE PROGRAM ("BEP"): The program administered by the State Licensing Agency ("SLA"), also known as the "Randolph-Sheppard Program,"

C. BUSINESS ENTERPRISE LAW OR BEP LAW: 26 M.R.S §1418 and 1418-F to 1418-M.

D. CAFETERIA: A food dispensing facility capable of providing a broad variety of prepared food and beverages (including hot meals) primarily through the use of a line where the customer serves themselves from displayed selections. A cafeteria may be fully automatic, or some limited service may be available and provided within a cafeteria and table or booth seating facilities are always provided.

E. DEPARTMENT: The Department of Labor.

F. DIVISION: The Division for the Blind and Visually Impaired.

G. EQUIPMENT: Items characterized by having a relatively long life and capacity, to be used repeatedly.

H. FEDERAL BUILDING OR PROPERTY: Means any building, land, or other real property owned, leased or occupied by any department, agency or instrumentality of the United States (including the Department of Defense and the U.S. Postal Service), or any instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States.

I. INITIAL STOCK: All types of merchandise necessary for the establishment of the new business. In a major expansion or change in the nature of the facility, new items not previously carried but now considered necessary, or desirable, can be considered initial stock.

J. LICENSE: A written instrument issued by the State Licensing Agency to a blind person authorizing such person to manage a vending facility on federal or other property

K. MANAGER: A blind person who has been licensed by the SLA, is self-employed, and is actually managing a vending facility on federal, state, county, municipal or other property.

L. PROPERTY MANAGER OR MANAGEMENT: means the officer, board or other authority in charge of a **State** building or property.

M. STATE BUILDING OR PROPERTY: Means a building or land owned, leased or occupied by a department, agency or authority of the State or a county or a municipality of the State. This includes University, College, Community and Junior Colleges, the Maine Turnpike Authority and excludes other educational institutions such as elementary and High Schools.

N. RANDOLPH-SHEPPARD ACT: 20 U.S.C. §§ 107-107f and accompanying regulations, 34 C.F.R. § 395.

O. SATISFACTORY SITE: An area fully accessible to vending facility patrons and having:

(1) Effective on March 23, 1977 a minimum of 250 square feet available for the vending and secure storage of articles necessary for the operation of a vending facility; and

(2) Sufficient electrical, plumbing, heating and ventilation outlets for the location and operation of a vending facility in accordance with applicable health laws and building codes.

P. SET-ASIDE: Funds collected from managers to cover program costs as set forth in 34 CFR § 395.9.

Q. STATE LICENSING AGENCY ("SLA"): State agency designated to oversee the Randolph-Sheppard Program. In Maine the State Licensing Agency is the Division for the Blind and Visually Impaired, Department of Labor.

R. VENDING FACILITY ("FACILITY automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and such other appropriate auxiliary equipment, including but not limited to shelving, displays, wall cases, refrigerating apparatus, which may be operated by blind licensees and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, food, beverages, lottery tickets and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws. Cafeterias, snack bars, cart services, shelters and counters may also include a restaurant, Micro Markets, food trucks, a vending machine for food and beverages and goods and services customarily offered in connection with a restaurant, including the specific cafeteria in the State Office Building in Augusta.

S. VOCATIONAL REHABILITATION: Program that assists eligible individuals who have a visual impairment prepare for, secure, retain, advance or regain an employment outcome.

12-150 C.M.R. ch. 15, § 1