Or. Admin. Code § 585-015-0030

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

Section 585-015-0030 - Business Enterprise Consumer Committee

(1) COMPOSITION - The Business Enterprise Consumer Committee shall be composed of one chairperson and five members, all of whom must be vending facility managers;

(a) The chairperson and Business Enterprise Consumer Committee members shall all be voting members of the Business Enterprise Consumer Committee;

(b) The chairperson and Business Enterprise Consumer Committee members shall all hold two year terms of office, beginning immediately after they are elected;

(c) The Business Enterprise Consumer Committee shall be representative, to the extent possible, of vending facility managers within the Business Enterprise Program on the basis of factors such as geography and vending facility type and, as a goal, proportional representation of vending facility managers on federal and public property.

(2) ELECTIONS - Nominations shall be held at the Business Enterprise Consumer Committee meeting prior to the October Business Enterprise Consumer Committee meeting;

(a) The Commission shall conduct annual elections at the October Business Enterprise Consumer Committee meeting;

(b) All vending facility managers and licensees shall be eligible to vote;

(c) Participation by any vending facility manager or licensee in any election may not be conditional upon the payment of dues or any other fees;

(d) Licensees or vending facility managers, who cannot attend the October Business Enterprise Consumer Committee meeting, may vote by emailing their vote to the Director no later than twenty-four (24) hours prior to election, or less if there are extenuating circumstances;

(e) In the event of a tie vote, the nominated vending facility managers who are tied will each have another chance to speak to the vending facility managers or licensees who are present at the meeting, afterwards another vote will be taken. This process will continue until the tie is broken;

(f) Vending facility managers or licensees who voted via email, and who are not attending in person or via teleconference, shall not cast further votes in the event of a tie vote.

(3) VACANCIES - The Chairperson or Business Enterprise Consumer Committee members may voluntarily vacate their office by submitting written notice to the Business Enterprise Consumer Committee and Director.

(a) In the event of a vacancy of the office of chairperson, the Commission shall hold a special election within 30 days. All vending facility managers and licensees shall be eligible to vote. Voting may be by US mail or email, submitted to the Director.

(b) In the event of a vacancy of any other Business Enterprise Consumer Committee member, the Business Enterprise Consumer Committee shall appoint another vending facility manager to fulfill the remainder of the term. Preference shall be given to a vending facility manager from the represented area.

(4) MEETINGS - The Business Enterprise Consumer Committee shall:

(a) Meet every even calendar month, beginning in February;

(b) Meet in a special meeting if needed, as determined by the chairperson and director, or by a majority of the Business Enterprise Consumer Committee by request to the chair and director;

(c) Hold all meetings in compliance with the Oregon Public Meetings Law, ORS 192.610 to ORS 192.710;

(d) Vote as committee members only when in attendance at the meeting. Proxy or absentee voting is not allowed.

(5) BY-LAWS - The Business Enterprise Consumer Committee shall adopt by-laws as approved by a majority vote of all vending facility managers and licensees to determine policies and procedures for the governance of the Business Enterprise Consumer Committee.

(6) ACTIVE PARTICIPATION - The Commission for the Blind shall ensure the active participation of the Commission's Business Enterprise Consumer Committee in the Commission's major administrative, policy and program development decisions that impact the overall administration of the Commission's Business Enterprise Program.

(a) Active Participation includes, but is not limited to:

(A) Setting out the method of determining the set aside charges to be levied against the net proceeds of the vending facility managers;

(B) Development of Business Enterprise Program rules, policies, and standards;

(C) Development of Business Enterprise Program budget requests;

(D) Development of criteria for the establishment of new vending facilities;

(E) Development of selection criteria for Business Enterprise staff recruitment;

(F) Development of training and retraining programs for vending facility managers and licensees;

(G) Development and administration of a system for the transfer and promotion of vending facility managers and licensees;

(H) Sponsoring and planning, with the assistance of the Commission, meetings and post licensure trainings for vending facility managers and licensees.

(b) As part of Active Participation, the Commission shall provide any program relevant information to the BECC when a particular matter is subject to Active Participation. This may include written or verbal program relevant information. It shall be provided, to the extent possible, in advance of any BECC meeting where the subject is on the agenda.

(c) On a quarterly basis, the Commission will provide to the BECC a financial report in sufficient detail, for the BECC to review. This report shall include listing of all revenues by source (Set Aside, Vending Income Federal, Vending Income State and Other, and Other) as well as expenditure by categories. Upon request, more detail shall be provided to the BECC. The Commission shall provide the BECC with a copy of the RSA-15 Report no later than January 15 for the prior federal fiscal year ending September 30th.

(d) If there is a matter or matters about which the Commission seeks the active participation of the BECC, notice of the request shall be provided to the members of the BECC at least ten (10) working days prior to any meeting where a vote may need to be taken. At the same time, the Commission shall provide any necessary background and reasons for the action, including any recommendations.

(e) When the Business Enterprise Consumer Committee submits officially approved requests and recommendations to the Director in writing, the Director shall provide a written response, including the reasons for the decision reached or the action taken, within 30 days of receipt of the request. The response shall explain why the decision is in the best interest of the Business Enterprise Program.

(f) The Commission bears final authority and responsibility for the administration and operation of the vending facilities program.

(7) GRIEVANCES - If the licensee or vending facility manager chooses to submit a written grievance to the Business Enterprise Consumer Committee, the Business Enterprise Consumer Committee shall transmit it to the Commission. The Business Enterprise Consumer Committee, at the request of the vending facility manager shall serve as advocates for the licensee or vending facility manager.

Or. Admin. Code § 585-015-0030

CFTB 3-2017, adopt filed 12/20/2017, effective12/21/2017

Statutory/Other Authority: HB 3253 (2017)

Statutes/Other Implemented: ORS 346.510 to 346.570