218 R.I. Code R. 218-RICR-50-00-3.7

Current through December 3, 2024
Section 218-RICR-50-00-3.7 - LICENSURE
A. The license which an operator receives will be issued pursuant to the rules and regulations of the Business Enterprises Program (BEP) and include the following requirements.
1. The applicant must be legally blind. "Legally blind" means visual acuity found to be 20/200 or less in the individual's better eye with best correction, or visual acuity of better than 20/200 if the widest diameter of the field of vision subtends an angle no greater than twenty degrees (20°).
a. Blindness will be determined by a physician skilled in the diseases of the eye and certification thereof will be made by the ophthalmological consultant at the Services for the Blind and Visually Impaired.
b. Legal Blindness is certified every five (5) years.
2. The applicant must be a citizen of the United States.
3. The applicant must be certified by the BEP Administrator of the S.L.A. as qualified to operate a vending facility.
4. An applicant must be in need of employment.
B. SUSPENSION AND REVOCATING
1. Immediate suspension: Grounds for immediate suspension of a license shall exist when any activity, policy or conduct of a Blind Vendor presents a serious or imminent hazard to the health, safety, civil rights, and well-being of the public.
2. Suspension for cause: A vendor/licensee is subject to suspension for the following reasons, including, but not limited to:
a. The Blind Vendor/licensee is in violation of the regulations and/or laws of a governmental agency; or
b. The Blind Vendor/licensee demonstrates total unfitness or inability to operate a business enterprise in compliance with any of the requirements of these regulations and any applicable Federal and State law, including:
(1) Willfully defrauding a private vendor or any agency of government of any taxes or other money due;
(2) Jeopardizing the S.L.A.'s permit for the facility as a result of building management complaint and request for removal; or
(3) Abandonment of the business enterprise; or
(4) Indictment for or conviction of, a crime.
3. The Blind Vendor/licensee shall be notified of the reason(s) for any suspension in writing on the effective day of the suspension, if not earlier. The suspension becomes effective on the date and at the time specified in said notice. The notice must offer the operator an opportunity to show compliance with all lawful requirements for retaining her or his license. In addition, the vendor/licensee has appeal rights as outlined in § 1.9 of this Subchapter. The vendor/licensee is entitled to all grievance procedures afforded by state and federal law, including an Administrative Hearing.
C. TERMINATION OF LICENSES
1. Any license given to an individual Blind Vendor/licensee for the operation of a vending facility on Federal or other property will be terminated for any of the following reasons:
a. No longer eligible under the criteria in §§ 3.7(A) and 3.8(A) of this Part, for example, improvement of vision so that the vendor no longer meets the definition of blindness.
b. Withdrawal by the vendor/licensee from the program with or without (I.e. abandonment) his or her written notification to the S.L.A.
2. All licenses will be issued for an indefinite period of time but are subject to termination if, after affording the Blind Vendor/licensee an opportunity for a full evidentiary hearing, the S.L.A. finds that the vending facility to which that Blind Vendor/licensee is assigned is not being operated in accordance with the rules and regulations set forth herein, the terms and conditions of the permit, or the terms and conditions of the written agreement between the S.L.A. and the Blind Vendor/licensee.

218 R.I. Code R. 218-RICR-50-00-3.7