California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 6 - Business Enterprises Program for the Blind
Article 9 - State Committee of Blind Vendors
Section 7226.1 - General Elections

Universal Citation: 9 CA Code of Regs 7226.1

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

(a) Nomination letters specifying that nominations are open shall be mailed to each vendor operating a facility on a non- interim basis no later than October 1 of each odd-numbered year along with a nomination form and a pre-addressed return envelope.

(b) A vendor may nominate him or herself using the nomination form, but shall not nominate any other vendor in his or her district. The nomination form shall be postmarked within 15 calendar days of the date of the letter and received within five calendar days of the postmark to be deemed timely received.

(c) Upon receipt, the nomination forms shall be reviewed to ensure the timeliness of submission and that the nominated vendor meets the requirements specified in subdivisions (d), (e)(1), and (f) of Section 7226. A separate ballot shall then be prepared for each district listing the qualified vendors who were nominated in that district.

(d) Ballots shall be mailed, return receipt requested no signature required, by November 1st of each odd-numbered year to all vendors specified in Section 7226(d), along with instructions for completing and mailing the ballot. Vendors shall be mailed only that ballot which is specific to his or her district, a ballot envelope and a pre-addressed mailing envelope. If a vendor does not receive his or her ballot by November 7th, it is the vendor's responsibility to contact the Election Coordinator and request a ballot.

(e) In order to vote, the vendor shall do all of the following:

(1) Mark his/her ballot for one of the vendor names on the ballot.

(2) Place the unsigned ballot in the ballot envelope, seal and sign his/her name on the envelope.

(3) Place the ballot envelope in the pre-addressed mailing envelope and return. The mailing envelope shall be postmarked by November 15th and received within 5 calendar days to be considered timely received.

(f) Upon receipt, the mailing envelope shall be locked in a file without disturbing the seal until the scheduled date for ballot counting.

(g) Proper submission of the ballot shall be certified by the Election Coordinator at the time of ballot counting. A ballot shall be deemed properly submitted if:

(1) It was received within the time frame specified in (e)(3).

(2) The vendor's signature has been affixed to the ballot envelope.

(3) Each ballot envelope contains only one ballot.

(h) Ballots shall be counted and recorded by district. The nominee in each district receiving the most votes shall be deemed elected.

(i) In case of a tie in any district after ballot counting, re-nomination and balloting shall occur in that district. If re-nomination and balloting is undertaken, that process shall be completed within 30 calendar days from November 25th of the odd-numbered year. The time frames for the submission of nomination forms and ballots shall be set by the Election Coordinator.

(j) All vendors who participated in the election shall be notified in writing of the election results no later than November 30th of the odd-numbered year.

1. New section filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Amendment of section and NOTE 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).
3. 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 107b-1(3); 34 CFR Sections 395.3(a)(4) and 395.14(b); and Sections 19011 and 19638(b), Welfare and Institutions Code.

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