Current through Register Vol. 43, No. 1, October 31, 2024
Section 795-7-6-.01 - Facility Equipment(1) The SLA shall provide adequate equipment for the use of a vendor. Such equipment shall remain the property of the SLA. Ownership of equipment, other than that provided by the SLA, shall not be vested in the SLA.(2) No alteration, change, or removal of equipment shall be made without prior approval of the SLA.(3) The vendor shall report immediately to the SLA and appropriate law enforcement personnel any incident of theft, or defacement of equipment.(4) A vendor who desires to lease equipment necessary and desirable for the operation of his/her vending facility may do so provided the SLA approves the lease. When a vendor desires to lease equipment, a proposal shall be submitted to the vendor's BEP representative and the BEP director. During the term of such lease, the vendor is under no obligation to accept equipment for a similar purpose that may be provided by the SLA. In no event shall the SLA be held liable for the vendor's obligation under the terms of any lease or for any repairs associated with the leased equipment. The vendor's obligations to any lessor shall remain in effect without regard to removal or reassignment for any reason. For purposes of determining the amount of the vendor's set-aside assessment, the proceeds derived from sales of merchandise from leased equipment shall be regarded as income to the facility. All expenses for leasing of equipment shall be deductible as a business expense from the gross income of the facility.(5) Vendors may purchase and own equipment for his or her facility only with the prior approval of the SLA. All sales and income generated from vendor-owned equipment shall be reported on the "Facility Monthly Sales & Escrow Report" (BEP 1-E). The maintenance and repair of SLA approved, vendor-owned equipment shall be provided in the same manner as equipment owned by the SLA. The SLA shall determine the feasibility of continued maintenance and repair of vendor-owned equipment. The SLA shall also determine the continued use and placement of vendor-owned equipment within the facility. The SLA or vendor may provide for replacement equipment.Ala. Admin. Code r. 795-7-6-.01
New Rule: Filed January 19, 2000; effective February 23, 2000.Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017, eff. 4/20/2017.Authors: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:Code of Ala. 1975, §§ 21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.