La. Admin. Code tit. 67 § VII-521

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-521 - Licensed Managers

A. Licensing Requirements for Operating a Business Enterprise

1. Definition of License. A license is a written instrument issued by the SLA to a licensed manager, authorizing such person to operate a business enterprise on federal or other property. ( 34 CFR 395.1 )

2. Issuance and Conditions of License. A license shall be issued by the SLA in accordance with federal regulations making the individual eligible to operate a business enterprise. The license shall be prominently displayed in the licensed manager's business enterprise. The license remains effective for an indefinite length of time, unless terminated, suspended, or revoked by the SLA in accordance with state and federal regulations. A license issued to a qualified individual is non-transferable. ( 34 CFR 395.7 ) Requirements for the issuance of a BEP license are that the individual:

a. must be blind as verified by documentation (34 CRF 395.7);

b. must be a U.S. citizen residing in the state in which he/she desires to be trained and licensed. Birth certificate or other applicable documentation must be submitted with application ( 34 CFR 395.7 );

c. be at least 18 years of age or older;

d. have completed all services on the Individualized Written Rehabilitation Program which are prerequisite for the training program;

e. have documentation of independent living skills;

f. be a high school graduate or have a GED;

g. have basic math skills; and

h. have successfully completed the BEP Training Program.

3. Termination of Agreement or Removal from an Enterprise. The SLA may terminate a manager's agreement and/or immediately remove the licensed manager from operation of a business enterprise for cause shown. Termination of a manager's agreement or removal from operation of a business enterprise does not necessarily mean that the manager's license will be suspended or terminated. The licensed manager has the right to a full evidentiary hearing when dissatisfied with any state licensing agency action in accordance with BEP, state, and federal regulations.

4. Termination of License. A license automatically expires when the licensed manager is no longer a U.S. citizen, no longer meets the definition of legal blindness, surrenders his/her license, resigns, retires, or dies. A license may be terminated or suspended by the SLA, after affording the licensed manager an opportunity for a full evidentiary hearing, in accordance with BEP, state, and federal regulations. [ 34 CFR 395.7(b) ]

La. Admin. Code tit. 67, § VII-521

Promulgated by the Department of Social Services, Office of Rehabilitation Services, LR 25:534 (March 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:664.4 and R.S. 36:477.