Or. Admin. Code § 585-015-0025

Current through Register Vol. 63, No. 12, December 1, 2024

Section 585-015-0025 - Responsibilities

(1) DIRECTOR - The Director and the Business Enterprise Program staff are responsible for planning, directing and supervising the Business Enterprise Program, in accordance with 34 CFR part 395 and ORS 346.510-570. This includes:

(a) Working with the Business Enterprise Consumer Committee, in accordance with 34 CFR 395.14(b) 1-5 and ORS 346.510-570;

(b) Developing and implementing rules, regulations, policies and procedures;

(c) Enforcing rules, regulations, policies and procedures;

(d) Monitoring compliance with state and federal law;

(e) Conducting strategic planning with the Business Enterprise Consumer Committee;

(f) Developing and monitoring the Business Enterprise Program budget;

(g) Coordinating the training program for trainees and licensees;

(h) Coordinating with the Business Enterprise Consumer Committee in planning annual post licensure training meetings;

(i) Surveying potential new vending facilities;

(j) Establishing new vending facilities;

(k) Establishing and maintaining equipment inventory control;

(l) Selecting vending facility managers for operation of vending facilities;

(m) Reviewing and documenting operation of vending facilities through on-site visits;

(n) Advising vending facility managers of deficient areas and assisting the vending facility manager in developing performance improvement plans;

(o) Coordinating the transfer and promotion of licensees and vending facility managers;

(p) Advising vending facility managers as needed on merchandising, inventory control, reporting, and all related business functions;

(q) Coordinating and supervising the transfer of vending facility inventory;

(r) Recommending initial inventory purchases to the vending facility manager's vocational rehabilitation counselor;

(s) Performing inventory of Business Enterprise Program equipment;

(t) Communicating with building managers;

(u) Ensuring building managers are provided a copy of the assigned vending facility manager's operating agreement;

(v) Conducting audits of vending facilities and vending facility managers;

(w) Ensuring for the continued operation of vending facilities;

(x) Responding to written requests and recommendations from the Business Enterprise Consumer Committee within 30 days;

(y) Undertaking any additional acts or duties described in these rules as the responsibility of the Commission.

(2) EQUIPMENT AND INVENTORY - The Commission shall supply a vending facility manager of a new vending facility the equipment and initial inventory of merchandise necessary to begin business in the vending facility;

(a) The right, title to, and interest in the equipment of each vending facility and the initial inventory will be vested in the Commission. The right, title to, and interest in the Initial inventory shall be transferred to vending facility manager only after the vending facility manager has reimbursed the Commission the total cost of the initial inventory;

(b) The vending facility manager may reimburse the Commission the total cost of the initial inventory in one payment, or via a monthly repayment plan of no more than 20 months.

(c) The need for any additional equipment for an established vending facility is determined by the Director in consultation with the assigned vending facility manager;

(d) When the vending facility manager surrenders a vending facility, whether through transfer, resignation or retirement, or termination, the vending facility manager shall turn over all Commission-owned equipment and inventory. The Commission shall return any monies owed, such as initial inventory retained by the Commission, to the vending facility manager, minus set-aside payments or other payments due to the Commission, within 30 days.

(3) MAINTENANCE, REPAIR AND REPLACEMENT OF EQUIPMENT - The Commission shall:

(a) Maintain, or cause to be maintained, all vending facility equipment, owned by the Commission, in good repair and attractive condition;

(b) Not be responsible or liable for repair, maintenance or any other cost or damages directly or indirectly associated with any use of equipment not owned by the Commission;

(c) Not be responsible or liable for repair of equipment intentionally or recklessly damaged by vending facility managers.

(4) ACCESS TO PROGRAM AND FINANCIAL INFORMATION - The Commission shall:

(a) Provide to each licensee or vending facility manager access to program and financial data relevant to the operation of the Business Enterprise Program, including quarterly and annual financial reports, to the extent that such disclosure does not violate applicable Federal and state laws pertaining to disclosure of confidential information.

(b) Provide financial data in an accessible format;

(c) At the request of a licensee or vending facility manager, arrange a convenient time to assist in the interpretation of such data.

(5) EXPLANATION OF RIGHTS AND RESPONSIBILITIES TO VENDING FACILITY MANAGERS - The Commission shall make available to all vending facility managers the following:

(a) Documents relevant to the operation of the vending facility manager's assigned vending facility, to include the current vending facility agreement or permit for the operation of the vending facility;

(b) Business Enterprise rules and regulations as posted on the Commission's website, which includes the right to due process.

(c) The Business Enterprise Program shall not discriminate in any way in any of its operations and administration on the basis of sex, age, physical or mental impairment, creed, color, national origin, or political affiliation.

(6) EMERGENCY REMOVAL FROM VENDING FACILITY - The Commission shall remove a vending facility manager from a vending facility if there is evidence of a hazardous situation involving the vending facility manager which poses an immediate threat to the safety of the vending facility manager or others. This removal may be immediate if the circumstances require. Within at least twenty-four (24) hours of the removal, the Commission shall contact the Chair of the BECC and inform them of the action. Within ten (10) working days, the vending facility manager may request a full evidentiary hearing if the vending facility manager disagrees with the emergency removal. In the event of a vending facility manager's removal under paragraph (1) of this subsection, the Commission must, within ten (10) working days, do one of the following:

(a) Return the vending facility manager to the vending facility;

(b) Mandate re-training;

(c) Terminate the operating agreement but allow the vending facility manager to bid on any vacant vending facilities;

(d) Initiate disciplinary action against the vending facility manager.

(7) VENDING FACILITY MANAGER RESPONSIBILITIES

(a) Assigned Vending Facility-The vending facility manager shall operate their assigned vending facility in accordance with ORS 346.510-570, including:

(A) The Business Enterprise Program's rules and policies related to the operation of a vending facility

(B) The terms and conditions of the vending facility agreement or permit;

(C) The terms and conditions of their signed operating agreement;

(D) State and Federal laws and regulations applicable to the operation of a vending facility.

(E) The vending facility manager shall not discriminate in any way in the operation of the vending facility on the basis of race, sex, age, physical or mental impairment, creed, color, national origin, or political affiliation. In addition, the vending facility manager shall not discriminate in any way on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, age, disability or familial status. ORS 659A.006

(b) MANAGEMENT AND OPERATION OF THE VENDING FACILITY

(A) General responsibilities - The vending facility manager:

(i) Shall provide to the Director, upon request, any relevant documents and records of such activities required for conducting a review of the vending facility manager and or the vending facility manager's vending facility;

(ii) Shall maintain a professional standard for personal appearance, grooming, and conduct, implemented consistent with nondiscrimination laws and health and safety regulations;

(iii) Shall notify the Commission of scheduled or unscheduled leave, exceeding 10 business days;

(iv) Shall provide customer services in a polite and courteous manner and present a positive, professional image of the Commission;

(v) Shall address customer complaints promptly;

(vi) Shall conduct all relations with property management in a positive and constructive manner;

(vii) Shall pay all set aside monies due.

(B) Vending facility agreement or permit responsibilities - The vending facility manager:

(i) Shall operate the vending facility for business on the days and during the hours specified in the permit or vending facility agreement;

(ii) Shall be solely responsible for all credit account and debt relating to the operation of the vending facility;

(iii) Shall establish a refund policy for each vending facility and communicate the policy to the vending facility manager's customers.

(iv) Shall provide for continued operation of the vending facility in the vending facility manager's absence;

(v) Shall employ a sufficient number of persons to ensure the proper and satisfactory operation of the vending facility;

(vi) Shall provide and document training for all of their employees;

(vii) Shall provide supervision for all of their employees;

(viii) Shall ensure that all employees maintain a professional appearance at all times, implemented consistent with nondiscrimination laws and health and safety regulations;

(ix) Shall ensure that vending facility manager and all employees are properly uniformed, if required by the vending facility agreement or permit, and implemented consistent with nondiscrimination laws and health and safety regulations;

(x) Shall ensure their employees adhere to all applicable laws, Business Enterprise rules and the vending facility agreement or permit terms;

(xi) Shall obtain and pay for any applicable permits and licenses required to operate the vending facility;

(xii) Shall establish prices that are consistent with local market costs;

(xiii) Shall sell only those articles specified in the permit or vending facility agreement and approved by building management and the Commission, subject to local market availability.

(c) INSURANCE - The vending facility manager shall:

(A) Obtain and maintain insurance of the type and with the limits specified in the permit or vending facility agreement;

(B) Maintain general liability and product liability insurance with limits of not less than $1,000,000 aggregate, if the permit or vending facility agreement does not specify insurance requirements;

(C) Obtain and maintain workers' compensation insurance, if required by state law;

(D) Maintain commercial liability insurance on any vehicles, if the vehicles are part of the vending facility;

(E) Name the vending facility manager and the Commission as co-insured, on all required insurance policies, excluding worker's compensation insurance;

(F) Ensure that their insurance provider gives the Commission 30-day notice before cancellation;

(G) Obtain and file annually with the Commission certificates of insurance indicating that any required insurance coverage is in force;

(H) Report to the Commission any incident at a vending facility that may lead to a claim or suit against the vending facility manager as soon as possible after the manager becomes aware of it.

(d) EQUIPMENT AND INVENTORY - The vending facility manager shall:

(A) Maintain all equipment assigned to the vending facility in good condition;

(B) Ensure that merchandise is fresh, in sufficient variety, and attractively and neatly displayed;

(C) Stock the vending facility with products of sufficient variety and quantity to meet the needs of the vending facility's customers;

(D) Upon termination of the operating agreement, surrender all Commission-owned equipment in clean and good working order.

(E) A Vending facility manager newly assigned to a vending facility shall pay back to the Commission the amount of the initial inventory plus change fund beginning six (6) months after taking over the facility, at a rate of 5% of initial balance per month.

(F) Vending facility managers transferred from another vending facility will begin payment immediately at the 5% rate.

(e) PURCHASE OF EQUIPMENT - The Rules concerning "Purchase of Equipment" apply only to vending facility manager's purchases of equipment for their vending facility.

(A) The right, title to and interest in the equipment purchased by the Commission to establish a vending facility is vested solely in the Commission.

(B) A vending facility manager may purchase equipment with the vending facility manager's own funds. The vending facility manager may receive a credit for the cost of these purchases from the monthly set aside report only with Director's prior written approval. The Commission and the vending facility manager shall enter into a written agreement to provide the terms for a credit of the equipment cost on their monthly set aside report. If the vending facility manager chooses to receive the credit of the equipment costs on their monthly set aside report, the right, title and interest in the equipment would then become vested in the Commission.

(C) Example of equipment credit, the vending facility manager purchases a $1,000 piece of equipment with own funds, cost is then amortized over 10 months, $100 per month credit toward set aside owed, an example month of calculated set aside owed is $400, $100 credit applied to amount of set aside owed equals $300 set aside payment.

(f) EQUIPMENT REPAIR - The vending facility manager:

(A) Shall pay the full repair cost, if the Commission determines a needed repair is caused by the vending facility manager's neglect or misuse;

(B) Shall obtain prior written approval from Commission staff for any repair that costs more than one hundred dollars ($100);

(C) May obtain prior verbal approval by Commission staff followed by written approval if prior written approval is not practicable, or if an emergency situation exists. An "emergency" is defined as a situation that could cause loss of resale inventory, bodily harm to vending facility employees or customers, loss of the vending facility, or a harmful effect on the environment.

(D) Shall pay for all equipment repairs for equipment not owned by the Commission.

Or. Admin. Code § 585-015-0025

CFTB 4-2017, adopt filed 12/21/2017, effective12/21/2017; CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018; CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 6/9/2021; CFTB 1-2021, amend filed 02/18/2021, effective 2/19/2021

Statutory/Other Authority: ORS 183.341 & HB3253

Statutes/Other Implemented: ORS 346.510-346.570 & 34 CFR part 395