192 Neb. Admin. Code, ch. 3, § 007

Current through September 17, 2024
Section 192-3-007 - Set-aside Funds
007.01.AMOUNT OF SET-ASIDE FUNDS: The State Licensing Agency shall determine annually with the active participation of the Committee of Blind Vendors, the percentage of the net proceeds of each vending facility that shall accrue to the State Licensing Agency.
007.02.USE OF SET-ASIDE FUNDS: The State Licensing Agency shall establish, with the active participation of the Committee of Blind Vendors, a set-aside schedule which covers the purposes for which any and all set-aside funds are used and the method of determining the charge for each intended purpose.
007.02A. Funds shall be set aside in accordance with this rule for any of the following purposes:
007.02A1. Maintenance and replacement of equipment;
007.02A2. Purchase of new equipment;
007.02A3. Management services;
007.02A4. Assuring a fair minimum return to vendors;
007.02A5. Establishment and maintenance of retirement or pension funds, health insurance, and paid sick leave, and/or vacation time, if it is so determined by a majority vote of blind vendors licensed by the State Licensing Agency, after such agency provides to each such vendor information on all matters relevant to such proposed purposes.
007.02B. The conditions of 007.02A5 having been satisfied, there is hereby established a retirement plan for blind vendors with contributions from each blind vendor who chooses to participate being matched with an equivalent approved contribution from the Small

Business Enterprise Cash Fund, said amount to be reviewed annually by the State Committee of Blind Vendors and the State Licensing Agency.

007.02C. Set-aside funds may not be used for any purpose not listed in 007.02A.
007.02D. The State Licensing Agency shall keep and maintain adequate record to support the reasonableness of each charge in the set-aside scheduled for each of the purposes listed in 007.02A. The State Licensing Agency shall submit any and all charges in the set-aside schedule to the Commissioner of the Federal Rehabilitation Services Administration for approval prior to taking effect.
007.02E. The State Licensing Agency shall design the set-aside scheduled to prevent, so far as is practicable, a greater charge for any purpose than is reasonably required. Allowances must be made for the retention of reasonable reserves necessary to assure that each such purpose can be provided on a continuing basis.

192 Neb. Admin. Code, ch. 3, § 007

Amended effective 7/2/2019