Section 15.02.30.010 - DEFINITIONSUnless otherwise indicated in these rules, terms below are defined as follows:
01.Administrator. The Administrator of the Commission.02.Agreement. An agreement between the Program and an operator for the operation of a vending facility as a primary location.03.Benefits. Retirement or pension plans, health insurance contributions, and paid sick and vacation leave available only to operators. (See 34 CFR 395.8.)04.Blind Person. A person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever such person selects, has been determined to have the following (see 34 CFR 395.1(c)): a. Not more than twenty/two hundred (20/200) central visual acuity in the better eye with correcting lenses; orb. An equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty (20) degrees.05.Certified. Having successfully completed the Commission-approved training program established by the Program as a requirement for licensing. (See Section 150 of these rules.)06.Commission. The Idaho Commission for the Blind and Visually Impaired.07.Committee. The Idaho Blind Merchants Committee (IBMC).08.Contract. A contract with a licensee or other qualified individual for the operation of a vending facility. Contracts are of limited duration.09.Contract Facility. A facility operated under a contract by a licensee or other party.10.Facility. A vending enterprise defined as:a. Automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment which may be operated by blind licensees and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending or exchange of chances for any lottery authorized by state law and conducted by an agency of a state within such a state. (See 34 CFR 395.1(x)); orb. Restaurants, cafeterias, snack bars, and goods and services customarily offered in connection with any of the foregoing, and includes vending machines dispensing foods when operated independently or in conjunction with such facilities. (See Section 67-6903, Idaho Code); orc. Any type of business which the Supervisor finds is consistent with and furthers the policies, goals, and objectives of the Program.11.License. A written instrument issued by the state licensing agency to a blind person, authorizing such person to operate a vending facility on federal or other property. (See 34 CFR 395.1(i).)12.Licensee. A blind person licensed by the state licensing agency to operate a vending facility on federal or other property. (See 34 CFR 395.1(b).)13.Operator. A licensee assigned to and operating a primary location.14.Permit. The official approval given a state licensing agency by a department, agency or instrumentality in control of the maintenance, operation, and protection of federal property, or person in control of other property, whereby the state licensing agency is authorized to establish a vending facility. (See 34 CFR 395.1(o).)15.Primary Location. A single building or group of buildings operated as a vending facility pursuant to an agreement.16.Probation. A conditional status wherein a vendor has a specified period of time to correct identified problems before an agreement or contract may be terminated.17.Program. The Business Enterprise Program (BEP), provided for by the Randolph-Sheppard Act to give priority to the blind in need of economic opportunities. (See 34 CFR 395.1(p) and Title 67, Chapter 69, Idaho Code.)18.Property Manager. The individual or entity in charge of administering vending contracts or permits in federal, state, or local government buildings or private buildings.19.Satellite. An ancillary site separate from a primary location granted to an operator as part of an agreement.20.Set Aside Funds. Funds which accrue to a state licensing agency from an assessment against the net proceeds of each vending facility in the state's vending facility program and any income from vending machines on federal property which accrues to the state licensing agency. (See 34 CFR 395.1(s).)21.State Licensing Agency. The Commission which has been designated by the Secretary of Education to issue licenses to blind persons for the operation of vending facilities on federal and other property. (See 34 CFR. 395.1(v).)22.Supervisor. The BEP individual who administers the Program.23.Suspension. Temporary withdrawal by the Supervisor of privileges granted by a license, agreement or contract during which time a vendor may not continue to operate a facility.24.Vendor. A licensee who operates a primary location with or without satellites, pursuant to an agreement, or who operates a contract facility pursuant to a contract.Idaho Admin. Code r. 15.02.30.010