218 R.I. Code R. 218-RICR-50-00-3.13

Current through December 3, 2024
Section 218-RICR-50-00-3.13 - OPERATION
A. Setting Aside of Funds
1. The S.L.A. will set aside, or cause to be set aside, the net proceeds of the operation of all vending facilities under the program and vending machine income, a sum of money which will be based upon a fixed percentage, which shall apply equally to each vending facility without regard to any vending facility or vending machine as set forth in 34 C.F.R. § 395.9.
a. The method by which the S.L.A. shall cause funds to be set aside from the net proceeds of all vending facilities and locations is as follows:
(1) Set aside rate- The set aside rate will be considered on an as needed basis depending on the program's projected expenses as determined by the S.L.A. and RISCOBV Executive Board, Vendor/licensees shall remit to the S.L.A. the set aside fee assessed of their facility net proceeds, at least once annually, at the conclusion of the Federal Fiscal Cycle consistent with the reporting period set forth in 34 C.F.R. § 395 - RSA-15 - Report of Vending Facilities Program.
(2) The S.L.A. shall prepare and submit to the Vendor/licensee a compiled profit and loss summary based on sales reports submitted by the Vendor/licensee which identifies the individual set aside obligation.
b. Funds will be set aside only for the purposes of:
(1) Maintenance and replacement of equipment;
(2) Purchase of new equipment;
(3) Management services;
(4) Assuring a fair minimum return to vendors;
B. Vending Facilities Other Than Automatic Vending Machines
1. Vending facilities other than automatic vending machines may be located on public or private property and shall be operated by a licensed blind vendor pursuant to the rules and regulations of the ORS/SBVI Business Enterprises Program.
C. Automatic Vending Machines
1. In accordance with the rules and regulations of the Business Enterprises Program, vending machine income obtained from the operation of all automatic vending machines on state property shall accrue to:
a. The Licensed Operator operating the vending facility, and
b. In the event that there is no Licensed Operator operating a vending facility on the property, to the S.L.A. for use in the support of the administration of the Business Enterprises Program.
D. Leave of Absence
1. Vendor/licensees are expected to assure continuous operation of a facility during normal business hours. In the event a vendor/licensee must be absent from a facility for any period of time, in particular extended absences due to illness, vacation, or other extended leave, the following applies:
a. When a Blind Vendor/licensee Probationary Graduate in good standing wishes a short-term leave of absence for any reason, he/she shall request such leave at least two (2) weeks prior to the beginning of the time period. The Vendor/licensee is responsible for finding and paying the replacement employee. The Blind Vendor/licensee Probationary Graduate must adhere to all rules pertaining to the use of labor and provide the S.L.A. the name, contact information, and BCI report for the individual who will operate the facility during his/her absence if not previously vetted by the S.L.A. Further, those whose facilities engage in the preparation and sale of food, shall assure all replacement individuals have taken the approved food safety course, preferred to hold a food safety managers license. All rules of the BEP and those pertinent to the facility operation and responsibility to the S.L.A. apply.
b. Any absence for a period of three (3) calendar months shall cause suspension of the operating agreement.
c. Any agreement that remains suspended for twelve (12) months shall be terminated according to § 3.14(B)(1)(b) of this Part.

218 R.I. Code R. 218-RICR-50-00-3.13