California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 6 - Business Enterprises Program for the Blind
Article 7 - Standards for the Establishment and Operation of Vending Facilities
Section 7216.2 - Vending Facility Closure

Universal Citation: 9 CA Code of Regs 7216.2

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

(a) A vending facility may be closed when any of the following have occurred:

(1) The vending facility has been announced as available for operation twice, and no licensees or vendors have applied to operate the vending facility either as a vending facility on one site or as a vending facility to be combined or consolidated with one or more other vending facilities on different sites.

(2) The minimum projected net income of the vending facility does not meet the standards for adequate net income, as defined in section 7211(a)(2) of these regulations.

(3) The contracting agency cancels the permit or contract with the Business Enterprises Program for the Blind, hereafter BEP.

(4) Efforts by the BEP to change the type of vending facility do not result in licensees or vendors applying to operate the vending facility.

(5) Efforts by the BEP to combine or consolidate the vending facility with one or more other vending facilities, consistent with section 7216.1 of these regulations are unsuccessful.

(b) The decision to close a vending facility shall be made by the BEP Manager, with the active participation of the California Vendors Policy Committee, hereafter CVPC, considering factors specified in subsection (a) of this section and whether the site is feasible in accordance with Section 7216(c) 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 Section 107b-1(3); 34 CFR Sections 395.1(o), 395.1(q), 395.3(a)(4), 395.14(b), 395.16, 395.34 and 395.35; and Sections 19011, 19627(h) and 19638(b), Welfare and Institutions Code.

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