Md. Code Regs. 13A.11.04.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.11.04.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Abandonment" means a vendor's relinquishment of responsibility to operate the vendor's vending facility in accordance with the Operating Agreement and Permit/Contract by failing to assure the continued operation of the facility to serve customers.

(2) "Active participation" means an ongoing process of negotiations between the Division and the Committee to achieve joint planning and approval of program policies, standards and procedures before their implementation by the Division. The preceding does not supersede the Division's final authority to adopt program policies and administer the program.

(3) "Administrative Manual" means a policy manual developed by the Division with the active participation of the Committee, which establishes operational procedures for the Program.

(4) "Blind person" means a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever the person shall select, has been determined to have:

(a) Not more than 20/200 central visual acuity in the better eye with correcting lenses; or

(b) An equally disabling loss of the visual fields to the extent that the visual field in the better eye is constricted to an angle of 20 degrees or less.

(5) "Combined facility" means a facility that is unable to effectively operate independently without the support of a Primary Facility for purposes of inventory replenishment, storage, and other factors. Criteria for the establishment of a combined facility will be detailed in the Specific Criteria section of the facility bid sheet of the Administrative Manual.

(6) "Committee" means the Committee of Blind Vendors elected by the vendors in accordance with Regulation .14 of this chapter.

(7) "Cost of goods" means the inventory cost of the products sold.

(8) "Division" means the Division of Rehabilitation Services of the State Department of Education, the State licensing agency designated to administer the Business Enterprise Program for the Blind.

(9) "License" means a written instrument issued by the Division to a blind person who has successfully completed the provisional period, or who has been a licensed vendor before July 1, 2003, authorizing the blind person to operate vending facilities.

(10) "Licensed blind vendor" means a blind person who has been licensed by the Division to operate a vending facility on federal State, or other property.

(11) Management Services.

(a) "Management services" means supervision, inspection, quality control, consultation, in-service training, and other related services provided by the Division on a systematic basis to support and improve vending facilities operated by blind vendors.

(b) "Management services" does not include services or costs which pertain to the on-going operation of an individual facility after the initial establishment.

(12) "Minority groups" means African Americans, Hispanics, Latinos, American Indians, Alaska Natives, Asians, Native Hawaiians, or other Pacific islanders, and women.

(13) "Net proceeds" means the amount remaining from the sale of merchandise or services at a vending facility and any vending machine or other income accruing to a vendor after deducting the actual cost of products for resale and other business expenses excluding set-aside charges, if any.

(14) "Nominee agency" means a nonprofit organization designated in accordance with Regulation .01 as agent of the Division to furnish management services.

(15) "Operating Agreement" means a written instrument entered into between the Division and a vendor authorizing the vendor to operate a vending facility at a specific location and setting forth the respective responsibilities of the parties with respect to the vending facility.

(16) "Permit" or "contract" means a written instrument entered into between the Division and a property managing agency authorizing the establishment of a vending facility and setting forth the terms and conditions for the operation of the vending facility.

(17) "Primary location" means a vending facility which is assigned to a vendor under an operating agreement that allows that vendor to operate other facilities as a satellite.

(18) "Program" means the Maryland Business Enterprise Program for the Blind.

(19) "Program funds" means income available in accordance with this chapter to pay for program expenses.

(20) "Property managing agency" means the agency that owns, manages, or leases any building, land, or real property and is responsible for authorizing the establishment of a vending facility on federal, State, county, municipal, or private property.

(21) "Provisional license" means a written instrument issued by the Division to a blind person who has successfully completed the new vendor training program authorizing the blind person to operate vending facilities before being issued a license.

(22) "Ready-for-assignment list" means a roster of licensed blind persons awaiting assignment to a vending facility in the program.

(23) "Reasonable service and maintenance costs in accordance with customary business practices" means personnel and repairs costs, including equipment and transportation costs, taxes, overhead and administration costs, and vendor profit.

(24) "Receipts" means payments made to the program by a commercial vending company which operates services and maintains vending machines on property controlled by the property managing agency

(25) "Satellite location" means a vending facility which:

(a) Is assigned to a vendor for a minimum of 12 months; and

(b) After 12 months, may be released to a qualified unassigned vendor upon request of the unassigned vendor as the unassigned vendor's primary.

(26) "Seniority" means accrued time for a vendor counting only those days during which the vendor holds an effective Operating Agreement.

(27) "Set-aside charges" means fees, if any, assessed against the net proceeds of each vending facility under the program.

(28) "Trainee" means a blind person who has met the eligibility requirements for entry into the Program for training to become a licensed vendor.

(29) "Training" means organized programs of instruction for the purpose of assisting blind persons to acquire those skills and knowledge necessary for the operation of vending facilities.

(30) "Upward mobility" means training which would enable a licensed vendor to achieve increased skill levels necessary to enhance the vendor's current business operations and for transfer or promotion to more complex facilities.

(31) "Vending facility" means vending machines, cafeterias, snack bars, and other retail facilities for the sale of foods, beverages, newspapers, periodicals, confections, tobacco products, and other merchandise including the sale or exchange of chances for any lottery authorized by State law and conducted by an agency of the State.

(32) "Vending machine" means a currency-operated machine that dispenses products or services.

(33) "Vending machine income" means receipts, other than those of a blind vendor, from vending machine operations on property controlled by the property managing agency after deducting the costs of goods sold, including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns.

(34) "Vendor" means a licensed blind person who operates or has operated vending facilities and is on the seniority list.

Md. Code Regs. 13A.11.04.02

Regulation .02B amended effective December 6, 2007 (34:24 Md. R. 2159)
Regulation .02 amended effective 42:14 Md. R. 881, eff.7/20/2015