California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 6 - Business Enterprises Program for the Blind
Article 3 - Eligibility and Training
Section 7212.2 - Vendor-Trainers

Universal Citation: 9 CA Code of Regs 7212.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Any Business Enterprises Program for the Blind, hereafter BEP, vendor who wishes to become a Vendor-Trainer shall file a written request and a copy of the vendor's current, valid Food Safety Certification issued pursuant to Health and Safety Code section 113947.1, with the BEP Training Instructor. This request may be made at any time. Depending on the need, the Training Instructor also may recruit vendors for this purpose.

(b) A BEP vendor must meet all of the following requirements to be considered eligible to become a Vendor-Trainer and to continue being a Vendor-Trainer:

(1) Possess a current, valid Food Safety Certification pursuant to Health and Safety Code section 113947.1.

(2) Be current with filing the DR 478, Vendor's Monthly Operating Report (Rev. 06/16), incorporated by reference herein.

(3) Have no current delinquency on payment of any fees or other payments resulting from the operation of a vending facility.

(4) Have no history of abandonment of his or her vending facility or, for two or more sites that have been combined or consolidated into a vending facility, any one of the sites that were combined or consolidated.

(5) Successfully complete the BEP Vendor-Trainer Certification Class to be certified by the BEP Manager. The certification shall be valid for a period consistent with the length of time the Food Safety Certification required by subsection (b)(1) herein is valid.

(c) The BEP Vendor-Trainer Certification Class shall be presented annually, if needed. A Vendor-Trainer must complete the certification class and successfully pass an examination every five years to remain certified. The examination shall be based on areas of performance specified on the DR 445, Client-Trainee Training Evaluation (Rev. 07/07), incorporated by reference herein, and the DR 446, Pre-Entry Evaluation (Rev. 07/07), incorporated by reference herein.

(d) The BEP Manager shall terminate the certification of a Vendor-Trainer who fails to meet the requirements of subsections (b) and (c) herein by providing written notice to the Vendor-Trainer. A Vendor-Trainer who is terminated has the right to appeal such decision through an administrative review and/or full evidentiary hearing provided pursuant to Sections 7227 through 7227.2 of these regulations.

1. New section filed 6-26-2009; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2009, No. 26).
2. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).
3. Amendment of subsection (b)(2) filed 10-18-2017; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2017, No. 42).

Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107b(6), 107d-1(a) and 107d-4; 34 CFR Sections 361.48, 395.3(a)(7) and (8), 395.11 and 395.13; Section 113947.1, Health and Safety Code; and Sections 19011, 19632(b) and 19635, Welfare and Institutions Code.

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