7 Colo. Code Regs. § 1105-1-9.400

Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1105-1-9.400 - BUSINESS ENTERPRISE PROGRAM [Rev. eff. 7/1/08]

AUTHORITY:

20 U.S.C. § 107 et seq.

34 CFR Part 395 et seq.

8-84-201, C.R.S. et seq.

9 CCR 2503-1§ 3.850.72 - 3.850.73

6 CCR 1010-2§ 2-201

The purpose of the Colorado Business Enterprise Program is to provide blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting.

Colorado may implement a mission and vision statement, which may evolve with the era.

Colorado shall approach any gaps in information in 8-84-201, C.R.S. et seq. by applying the interpretation and intent (in federal buildings) of 20 U.S.C. § 107 et seq. and 34 CFR Part 395 et seq. to State, private, and other property.

The Colorado Business Enterprise Program carries out the Colorado State Licensing Agency responsibilities, under the Division of Vocational Rehabilitation, as applied for in accordance with 34 CFR Part 395.2.

9.400.1Definitions [Rev. eff. 7/1/08]

The Colorado Business Enterprise Program recognizes the terms as defined in 34 CFR Part 395.1 . Additional terms are defined as follows:

"Active Participation" means an ongoing process of negotiations and collaboration between the State Licensing Agency and the Committee of Licensed Blind Operators to participate in major administrative decisions and policy and Program development decisions affecting the overall administration of the Program.

"Bad Debt" means a Debt that is 30 days or more past due and does not have an associated, accepted, repayment plan.

"Blind Operator" means all Program Participants, including Licensed Blind Operators, Certified Blind Operators, and Trainees.

"Blind Operator Agreement" means a contract or other legal document executed between a Blind Operator and the State Licensing Agency, delineating the arrangement accepted by both parties, identifying all rights and obligations specific to the operation of a Business Enterprise Location as subcontracted to any awarded Blind Operator.

"Business Enterprise Location" is considered to be one-in-the-same as "Vending facility" as defined in 34 CFR Part 395.1 and includes vending machines as defined in this §, and other business as described in C.R.S. 8-84-201, including like Business Enterprise Locations being managed by Certified Blind Operators prior to licensure.

"Colorado Elected Committee" means the State Committee of Blind Vendors per 34 CFR Part 395.14 and/or Committee of Blind Vendors per 20 U.S.C § 107 b-1.

"Debt" means an obligation or liability to pay an amount of money due.

"Individual Business Enterprise Location" means the entire identity and complete parameters that are established by the State Licensing Agency for a single Business Enterprise Location, which may be established and reestablished at the State Licensing Agency's discretion when it is in the best interest of The Business Enterprise Program.

"Licensed Blind Operator" means a "vendor" as defined in 34 CFR Part 395.1 (aa), regardless of status of award of an active Business Enterprise Location.

"State Licensing Agency" means the Business Enterprise Program, housed within the Division of Vocational Rehabilitation Services, which administers the Randolph-Sheppard Vending Facility Program and issues licenses to blind persons in accordance with 34 CFR Part 395.2.

"Unassigned vending machine income" is considered to be one-in-the-same as "Vending machine income" as defined in 34 CFR Part 395.1 and is income that accrues to the State Licensing Agency from commissions that vending or other companies pay on proceeds where there is no on-site Blind Operator. This applies to vending machines, commission income (CRS 8-84-205) and other businesses operated on Federal, State, or other property.

"Vending machine" is considered to be one-in-the-same as "Vending machine" as defined in 34 CFR Part 395.1 and includes all types of automated vending equipment which dispenses goods or services, automated teller machines or similar, or such equipment which provides recreational or other services.

"Vending machine income" is considered to be one-in-the-same as "Vending machine income" as defined in 34 CFR Part 395.1, except that it applies to income that accrues to a Blind Operator, or the State Licensing Agency.

"Vendor Debt" means a Debt found to be legitimately owed by the Blind Operator to an industry vendor (i.e. food or beverage manufacturer or distributor, or other vendor to the Blind Operator).

7 CCR 1105-1-9.400

40 CR 04, February 25, 2017, effective 3/17/2017
41 CR 05, March 10, 2018, effective 3/30/2018
42 CR 03, February 10, 2019, effective 3/2/2019
42 CR 17, September 10, 2019, effective 9/30/2019
43 CR 02, January 25, 2020, effective 3/1/2020
45 CR 21, November 10, 2022, effective 11/30/2022