7 Colo. Code Regs. § 1105-1-9.402

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1105-1-9.402 - LICENSURE AND LEVELS OF BLIND OPERATORS [Rev. eff. 7/1/08]

This Part is administered in accordance with 20 U.S.C. § 107b and 34 CFR Part 395.7.

A. The State Licensing Agency shall provide for the issuance of licenses for an indefinite period. Licenses are subject to Probation, Suspension, or Termination.

B. Upon satisfactory completion of training and subsequently operating an awarded Business Enterprise Location for ninety (90) calendar days, an evaluation will be conducted by the State Licensing Agency to determine whether the applicant is qualified for the award of a license, or if the applicant must continue training, or if it is the recommendation that the applicant seek another occupation.

C. The award of a license by the State Licensing Agency is contingent upon stabilized operation of a Business Enterprise Location for a minimum of ninety (90) calendar days and is determined to be successful jointly by the State Licensing Agency and Division of Vocational Rehabilitation delegates.

Description of status differentiation among Blind Operators.

A. "Trainee" means a blind person who has been accepted into the Business Enterprise Program and is participating in the formal Business Enterprise Program training course, including any preliminary training offered through the Division of Vocational Rehabilitation, but are not yet certified. Trainees are:

1. Clients of the Division of Vocational Rehabilitation and are subject to all rights and obligations as such.

2. Not eligible for any benefits afforded to Licensed Blind Operators, financial, legal, or otherwise.

B. "Certified Blind Operator" means a Trainee who has successfully completed the formal Business Enterprise Program training course and has been certified to manage a Business Enterprise Location, prior to licensure. Certified Blind Operators are:

1. Clients of the Division of Vocational Rehabilitation and are subject to all rights and obligations as such.

2. Not eligible for any benefits afforded to Licensed Blind Operators, financial, legal, or otherwise.

3. Eligible to bid on available Business Enterprise Locations and apply for associated beginning operating cash loan.

C. "Licensed Blind Operator" means a blind person who has been awarded a license by the State Licensing Agency. Licensed Blind Operators whose licenses are not in a probationary, suspended, or terminated status are:

1. Protected by all rights and benefits afforded to Blind Operators in accordance with the Federal Randolph-Sheppard Act, 20 U.S.C. § 107 et seq., and implementing regulations, 34 CFR 395 et. seq.

2. Eligible:

a. To apply for beginning operating cash loan associated with an awarded Business Enterprise Location

b. To bid on available Business Enterprise Location

c. To run for Colorado Elected Committee membership

d. To apply for fair minimum return

e. For grievance and appeal rights in accordance with § 9.413

f. For any health, medical, or retirement benefits as adopted by the body

g. For quarterly unassigned vending machine income disbursement

h. To be a voting member of the body of Blind Operators

D. "Blind Operator" means any participant of The Business Enterprise Program at any stage identified above.

E. "Probationary License Status" means a License that is associated with a SMART action plan, or other corrective action plan, and the associated Licensed Blind Operator activities are being closely monitored for progression. This temporary status is assigned when a Licensed Blind Operator must work with their assigned Business Consultant to fulfill prescribed requirements, or face additional consequences. Licensed Blind Operators who are in a Probationary License Status:

1. Are protected by all rights and benefits afforded to Blind Operators in accordance with the Federal Randolph-Sheppard Act, 20 U.S.C. § 107 et seq., and implementing regulations, 34 CFR 395 et. seq.

2. Retain the same rights and eligibility as a Licensed Blind Operator as described in §9.402 - 3, with the exception that they

3. Are not eligible to bid on an available Business Enterprise Location or run for Colorado Elected Committee membership if the reason they are on probation is because of bad Debt owed to the Business Enterprise Program

F. "Suspended License Status" means a Licensed that is associate with a Blind Operator who must return to training and fulfill additional requirements in order to return to a Licensed Blind Operator or Probationary License Status. Licensed Blind Operators who are in a Suspended License Status:

2. Do not have any of the same rights and eligibility as a Licensed Blind Operator as described in §9.402 - 3, with the exception that they

3. Do retain grievance and appeal rights in accordance with § 9.413

G. "Terminated License Status" means a Blind Operator who has had their license completely revoked, cancelled, or otherwise separated. Licensed Blind Operators who are in a Terminated License Status:

2. Do not have any of the same rights and eligibility as a Licensed Blind Operator as described in §9.402 - 3, with the exception that they

3. Do retain grievance and appeal rights in accordance with § 9.413

4. May not receive quarterly unassigned vending machine income disbursement

5. May not bid on available Business Enterprise Locations

6. May not serve on the Colorado Elected Committee

7. May utilize grievance and appeals processes

The State Licensing Agency shall be free to develop other levels of distinction or classes of licensing. Issuance and conditions of licenses.

9.402.1Property Right [Rev. eff. 7/1/08]

A license shall not create any property right for the licensee to whom it is issued and shall be deemed only to inform the public and other interested parties that the licensee has successfully earned licensure as described herein.

9.402.2Enforcement, Removal, and Termination of a License [Rev. eff. 7/1/08]

The enforced removal of any Blind Operator from a Business Enterprise Location may occur prior to licensure or be in conjunction with the Suspension or Termination of a license and will be managed in accordance with written policies of the program.

Individuals committing illegal acts may also be subject to civil or criminal penalties.

A license issued to a Blind Operator for the operation of a Business Enterprise Location may be placed on probation, suspension, or terminated when:

A. If the Licensed Blind Operator does not abide by any part of these Rules or provisions covered by Blind Operator Agreement, including all obligations and Debt.

B. The Blind Operator Agreement has not been fully executed or is no longer in effect.

C. The State Licensing Agency finds that the Business Enterprise Location is not being managed in accordance with the laws, rules and regulations, the terms and conditions governing the Blind Operator Agreement, contract or applicable permit terms for the particular Business Enterprise Location, or other written agreement with the Blind Operator.

D. Program Eligibility, as delineated in section 9.401 , is no longer met, including if there is proof of improvement of vision so that the Blind Operator no longer meets the definition of blindness, for which the State Licensing Agency may require proof periodically and by vendors selected according to Colorado, department, and division procurement rules and source selection methods.

E. There is an extended illness with medically documented diagnosis of prolonged incapacity of the Licensed Blind Operator to manage the Business Enterprise Location in a manner consistent with the needs of the Business Enterprise Location or other available Business Enterprise Locations in the Business Enterprise Program. The Blind Operator may return to The Business Enterprise Program if they provides documentation that their physician deems improved physical condition that they may "return to work" and the State Licensing Agency is in agreement.

F. The Licensed Blind Operator withdraws from The Business Enterprise Program by notice to The Business Enterprise Program.

G. A Licensed Blind Operator elects not to accept any Business Enterprise Location and fail to request for an available Business Enterprise Location to be put out for bid, and then successfully bid on it. They will be considered to have a Terminated License after ninety (90) calendar days and all program re-entry rules and practices shall apply.

H. Falsification of records by the Blind Operator, as validated by the State Licensing Agency or other State entity, will result in the Termination or Suspension of a License without placing the Blind Operator on probation.

Program Re-entry

When any former Licensed Blind Operator requests to return to The Business Enterprise Program, they must:

A. Meet all eligibility requirements in § 9.401

B. Be free of bad Debt to the Business Enterprise Program

C. Be free of bad Debt to industry vendors which may impact their success in managing a Business Enterprise Location

D. Be subject to existing application and review process for new applicants

E. Be required to fulfill training as prescribed by the State Licensing Agency, in order to become recertified and licensed

7 CCR 1105-1-9.402

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