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 7214.6 - Other Methods of Selection; Management Interviews

Universal Citation: 9 CA Code of Regs 7214.6

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

(a) When the Business Enterprises Program for the Blind, herein BEP, announces the availability of a vending facility by preparing and circulating a DR 460, Vending Facility Announcement (Rev. 09/09), incorporated by reference herein, and there are fewer than three applicants, selection of a licensee or vendor shall be determined through interviews scheduled by the BEP and conducted by the contracting agency.

(1) If the contracting agency chooses not to conduct the management interviews, the BEP shall work with the contracting agency to select an independent party to conduct the interviews.

(2) A Selection Coordinator shall be present at all interviews in person or by telephone.

(b) The licensee or vendor must meet all of the application requirements set forth in Section 7214.1 of these regulations to be a qualified applicant and participate in the management interviews.

(c) The contracting agency may reject any applicant.

(1) If the contracting agency rejects all applicants, the DR 460, Vending Facility Announcement (Rev. 09/09) shall be re-circulated.

(2) If the announcement is re-circulated, and either there are no applicants or all the applicants have previously been rejected by the contracting agency, the vending facility shall be announced as available to be added as a satellite site to a vendor's existing site(s).

(d) The BEP may consider combining or consolidating the available site and one or more other existing and available sites only if:

(1) No licensees and vendors who apply to operate the vending facility as a primary site, or who apply to operate the vending facility as a satellite site, meet the application requirements established in subsection (b) herein; or

(2) The contracting agency rejects all applicants who have applied to operate the vending facility pursuant to subsection (b) herein; and

(3) The vending facility established by combining or consolidating two or more existing and available sites produces, or is likely to produce, an adequate net income as defined in Section 7211(a)(2) of these regulations.

1. New 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).
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 395.1(i), 395.2, 395.3(a)(4), 395.3(a)(7), 395.5, 395.7 and 395.14(b); and Sections 19011, 19625, 19626, 19631 and 19638(b), Welfare and Institutions Code.

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