(a) Vending facilities may be situated in
public buildings, including buildings leased by a State, city or county. The
permit or lease shall be in the name of the SLA and shall not be transferable
except by the SLA.
(b) Any building
that an authority undertakes to acquire by ownership, lease, or to otherwise
occupy, in whole or in part, shall include a satisfactory site for the location
and Operation of a vending facility. This includes any building that is to be
constructed, or substantially altered or renovated.
(1) Each authority shall provide the SLA
written notice by certified mail, return receipt requested, of its intention to
acquire or otherwise occupy a building. The written notice shall be provided as
early as practicable, but no later than 90 days before such intended
action.
(2) The SLA shall be
afforded the opportunity to select the location and type of vending facility to
be operated by a licensee prior to the completion of the final space layout of
the building.
(3) The SLA shall
consult with the authority and with the chair of the HSCBV, or the chair's
designee, and, within 30 days following receipt of the notice to occupy, will
determine whether the site is satisfactory for a vending facility. A vending
facility is not required to be established where the SLA determines that a
facility is not feasible.
(4) An
arbitration board of three persons shall hear appeals as provided in subsection
(5) of this section.
(A) The arbitration
board will resolve the issue(s) submitted for arbitration and determine if the
authority violated HRS
102-14
or these regulations.
(B) The
arbitration board shall consist of one individual designated by the HSCBV chair
or the chair's designee who shall serve as chair, one person designated by the
authority over which a dispute arises, and a third person who is not an
employee of the authority selected by the two.
(C) If either party fails to promptly agree
to a third person, the SLA shall appoint a hearing officer from the list of
qualified and impartial hearing officers maintained by the SLA.
(5) If, in the opinion of the SLA,
any authority fails to comply with HRS
102-14,
the SLA shall appeal the authority's action to the arbitration board.
(A) The arbitration board, shall, within 30
days' written notice of appeal, conduct a hearing and render its decision. The
time for hearing may only be extended by mutual consent of the SLA and the
authority.
(B) The decision of the
arbitration board shall be in writing and shall be final and binding.
(C) If the arbitration board determines that
the acts or practices of any authority violate the priority given to blind or
visually handicapped persons to establish and/or operate vending facilities,
the head of the affected authority shall promptly cause such acts or practices
to be terminated, and shall take such other action as may be necessary to carry
out the decision of the arbitration board. Notwithstanding the above, the SLA
shall have authority to proceed with all remedies authorized by law when a
county or city fails to comply with HRS
102-14.
(6) Except where caused by the
negligence of the SLA or a licensee, no Charge may be made to the SLA or a
licensee for rent, Utilities, maintenance and/or repair of building structures
in and adjacent to vending facility areas, except as authorized by agreement
entered into prior to January 1, 2010.
(c) The provisions of this section shall not
apply to buildings exempted under section
102-14(g),
HRS.
(d) The SLA shall prepare a
written report of a proposed suitable location and transmit the written report
to the HSCBV chair no less than 15 days prior to the date a permit or lease for
a vending facility is entered into by the licensing agency. Factors to be
considered in the written report include the total number of employees in a
building and the number of persons having easy access to a vending facility on
a daily basis.
(e) The SLA shall
prepare a written report with estimated expenditure of funds for equipment and
initial stock of newly established or substantially remodeled vending
facilities and transmit the written report to the HSCBV chair at least 15 days
prior to the proposed expenditure of such funds.
