192 Neb. Admin. Code, ch. 3, § 003

Current through September 17, 2024

Section 192-3-003 - Issuance Of Licenses

003.01.REQUIREMENT FOR LICENSING. The State Licensing Agency may issue licenses to those persons meeting the following requirements:

003.01A. Blind as defined by these rules and regulations under 002.02;

003.01B. Citizen of the United States;

003.01C. Certified by the State Vocational Rehabilitation Agency as qualified to operate a vending facility; and

003.01D At least 19 years of age.

003.02.QUALIFICATIONS FOR TRAINING. To be eligible for selection, training, and licensing as a vendor, an individual must give evidence of being or able to become:

003.02A. Having the knowledge and ability to grasp the fundamentals of vending facility operation;

003.02B. Maintain personal grooming and manners as to be able to meet and interact effectively with the public;

003.02C. Honest and careful in handling sums of money;

003.02D. Willing to work hard to advance in the vending facilities program, improve business, and develop maximum vocational potential;

003.02E. Competent in maintaining business records and accounts;

003.02F. Able to control inventory;

003.02G. Abie to work with other business persons, including supervisors, jobbers and others in the business community;

003.02H. Able to recognize and where reasonably feasible, correct machine problems;

003.02I. Able to reflect favorably on the competence of blind persons in the eyes of the public by handling business and relations with the public in a competent manner.

003.03.PREFERENCE TO BUND PERSONS IN NEED OF EMPLOYMENT. The State Licensing Agency, in issuing licenses to operate vending facilities, shall give priority to blind persons who are in need of employment.

003.04.DURATION AND TERMINATION OF LICENSES. The State Licensing Agency shall issue all licenses for an indefinite period, subject to suspension or termination by the SLA if, after affording the vendor an opportunity for a full evidentiary hearing as provided under 013; Evidentiary Hearings and Arbitrations of Vendor Complaints the SLA finds that the facility is not being operated in accordance with its rules and regulations, the terms and conditions of the permit, and the terms and conditions of the agreement with the blind vendor (pursuant to Section 010; Operating Agreements; ref. Appendix A).

003.04A. A license may be terminated or suspended for any of the following reasons:

003.04A1. Improvement of vision so that the vendor no longer meets the definition of blindness found in these regulations;

003.04A2. Failing to personally operate the assigned facility as set forth in the permit or contract for any reason, unless approved in writing by the SLA;

003.04A3. Any leave, sick or vacation, requires notification of the SLA to prevent consideration of abandonment. Any unexplained or unexcused absence for more than five days shall be considered as abandonment and failing to personally operate the assigned facility unless another person is covering the business and approved by the SLA. Extended illness of more than thirty (30) days resulting in incapacity of the vendor to operate the vending facility must be documented, and reviewed by the SLA Director for possible reassignment of the facility; or,

003.04A4. Evidence that the vendor does not meet one or more of the criteria under 003.01 and 003.02.

003.04A5. Failure to submit the required monthly reports, to the SLA by the 20^th of the succeeding month, in two consecutive months or for three or more months in a 12 month period.

003.04A5(a)THE BLIND VENDORS COMMITTEE may review reports from the SLA of such failure and actively participate with respect to potential administration action to be taken.

003.04B. Administrative Actions will be imposed on the vendor for any of the above reasons according to policy decisions recommended by in accordance with active participation of the Blind Vendors Committee and approved by the SLA; as follows:

003.04B1. Written reprimand;

003.04B2. Corrective action plan;

003.04B3. Probation;

003.04B4. Loss of Facility;

003.04B5. Termination.

003.04C. A license may not be sold or assigned and will automatically terminate upon the death of the blind vendor.

192 Neb. Admin. Code, ch. 3, § 003

Amended effective 7/2/2019