California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 6 - Business Enterprises Program for the Blind
Article 5 - Vending Facilities; Announcement; Application; Selection; Placement
Section 7214 - Announcing the Availability of Vending Facilities
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Business Enterprises Program for the Blind (BEP) shall announce the availability of a vending facility by issuing a DR 460, Vending Facility Announcement (Rev. 09/09), incorporated by reference herein. At least 10 calendar days prior to the deadline for submitting applications, the BEP shall post the announcement on the Department's website, record the announcement on a telephone based information system that is available to licensees and vendors, and provide the announcement to the California Vendors Policy Committee. Upon request, the BEP shall also provide the announcement in an appropriate mode of communication, to the extent possible, consistent with Code of Federal Regulations, title 34, part 361.5(b)(5) and Welfare and Institutions Code section 19013.5(b). Such modes of communication may include providing the announcement in large print, Braille, on audiotape, 3.5" diskette, or compact disk, and transmitting announcement electronically.
(b) When announcing the availability of a vending facility, the BEP shall consider whether or not the vending facility is projected to generate an adequate net income, as defined in Section 7211(a)(2) of these regulations.
(c) Before announcing the availability of a vending facility that is comprised of two or more sites that have been combined or consolidated, the BEP Manager shall assess the potential income of each site to determine whether the combined or consolidated sites will generate a minimum projected net income of at least the amount specified in Section 7211(a)(2) of these regulations.
1. New article 5
(sections 7214-7214.8) and section filed
9-22-2009; operative upon the approval of the Secretary of the United States
Department of Education, in accordance with title 34, Code of Federal Regulations,
section 395.4(a) (Register
2009, No. 39). For prior history of section
7214, see Register 93, No.
6.
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).
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 107, 107a(a)(5), 107a(b), 107a(e) and 107b-1(3); 34 CFR Sections 361.5(b)(5), 395.1(i), 395.2, 395.3(a)(4), 395.5, 395.7 and 395.14(b); and Sections 19011, 19013.5(b), 19625, 19626, 19631 and 19638(b), Welfare and Institutions Code.
