Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 403 - VENDING FACILITIES PROGRAM
Subchapter 4 - State Committee, Retirement and Health Insurance, Visually Impaired Vendors
Section 17-403-30 - State committee of blind vendors

Universal Citation: HI Admin Rules 17-403-30

Current through August, 2024

(a) A State committee of blind vendors (the committee or HSCBV) shall represent the vendors and engage in active participation with the SLA.

(b) The committee shall be comprised of a total of nine blind vendors, which, to the extent possible, shall be fully representative of all blind vendors in the State program on the basis of ensuring proportional representation of blind vendors on Federal property and blind vendors on other property.

(c) Membership on the committee shall be determined by elections provided by the SLA during the month of June of each odd-numbered calendar year.

(1) Bailots shall be mailed to all blind vendors at the vendor's address listed with the SLA no later than the second Friday in May of each odd-numbered year. Before mailing, all bailots providing for voting by all licensed blind vendors shall be submitted to the HSCBV chair or vice chair.

(2) All licensed blind vendors shall be provided the opportunity to seek membership on the committee. By the third Friday in April of each year, the SLA shall advise all eligible vendors that their name will be- placed on the ballot unless the vendor declines to seek membership on the HSCBV.

(3) Participation shall not be conditioned upon the payment of dues or any other fees.

(4) A candidate shall be licensed and operating a vending facility as of the first day in May immediately preceding each election.

(5) Elections shall take place at a statewide meeting of all licensed vendors to be held in June of each odd-numbered year. Absentee votes shall be accepted by the SLA.

(6) If a vendor is elected as a representative of one of the categories listed in paragraph (b) herein, and subsequently relocates to a facility in a different category, the vendor shall be authorized to continue in Office until the expiration of his or her term.

(d) The committee shall have four officers: a chairperson, a vice chairperson, a secretary, and a treasurer.

(1) No member shall hold more than one office at the same time.

(2) The membership shall elect officers at its first meeting after each election of committee members.

(e) Membership in the committee shall be terminated by a majority vote of the membership:

(1) When a committee member ceases to meet the definition of a blind person found in section 17-403-2; or

(2) When a committee member is absent from three consecutive committee meetings without good cause.

(f) Interim vacancies shall be filled for the remaining term of a vacancy by a majority vote of the committee membership.

(g) To insure active participation in the formulation of policy, the committee shall have subcommittees.

(1) Subcommittees shall include, but not be limited to:
(A) Grievance;

(B) Promotion and transfer;

(C) Training and re-training; and

(D) Legislative.

(2) The chairperson may appoint members to chair subcommittees with the concurrence of the majority of the committee.

(3) The chairperson of a subcommittee shall be a committee member. Other members may be selected from those licensed vendors who are not on the committee.

(4) Each subcommittee shall contain no fewer than three persons and no more than five persons.

(h) The committee shall hold meetings at least quarterly, at the SLA's facility.

(1) Between regular meetings of the committee, it shall carry on its functions through subcommittees or individual members designated by it for that purpose.

(2) Special meetings may be called by:
(A) The chairperson; or

(B) The SLA;

(C) A majority of the committee; or

(D) A majority of blind vendors in the State.

(3) Subcommittee meetings may be called as required by the chairperson of the subcommittee.

(i) The HSCBV, jointly with the SLA, shall Sponsor an annual meeting in June of each year. At the annual meeting, vendors shall:

(1) Vote on the amount of benefits to be paid pursuant to 34 C.F.R. section 395.8 for the fiscal year beginning July 1 following the June meeting.
(A) Medical benefits shall be paid at the beginning of the fiscal year; and

(B) Retirement benefits shall be paid at the end of the fiscal year.

(2) Elect representatives in each odd-numbered calendar year to the HSCBV.

(3) Be provided training by the SLA in management skills, food Services and/or sanitation laws, and business Systems.

(j) The chairperson, or chairperson's designee, shall serve as an ex oficio member of civil service interview panels for the hiring of professional program personnel for the vending facility program.

(k) Oral testimony before committees or subcommittees may be limited to three minutes for each Speaker on each agenda item.

(l) By-laws for the Operation of the committee shall be adopted by a majority vote of blind vendors in the State. The by-laws shall include all pertinent requirements outlined in this section.

(m) The committee shall have the opportunity to initiate matters for consideration by the committee and the SLA, and to make meaningful contributions to the State's vending facilities program with its views and positions taken into serious account by the SLA.

(n) The SLA shall be responsible for establishing a Communications procedure under which the committee automatically will receive advance written notice on matters within its purview that are being considered for decision, and under which appropriate subcommittees or individual members will receive written notices of invitations to attend important discussion and decision-making meetings in areas of the committee's interest.

(o) The SLA has the ultimate responsibility for the administration of the State vending facilities program; however, if the SLA does not adopt the views and positions of the committee, the agency shall notify the committee in writing of the decision reached or the action taken and the reasons.

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