Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Net proceeds.
Each licensed blind vendor shall be entitled to
the net proceeds of the operation of the business enterprise the individual
operates, less the amount set aside by the state licensing agency.
Subp. 2.
Licensed blind
vendor duties.
Each licensed blind vendor shall agree to:
A. perform faithfully and to the best of the
licensed blind vendor's ability the necessary duties in connection with the
operation of a business enterprise according to the state licensing agency's
rules, the terms of the state licensing agency's permit to operate in the
building or property, and the agreement with the licensed blind
vendor;
B. cooperate with official
and duly authorized representatives of the state licensing agency in connection
with their official program responsibilities;
C. operate the business enterprise according
to all applicable health laws and regulations and any other applicable federal,
state, or local law or regulation;
D. furnish monthly reports at the offices of
the state licensing agency by or on the tenth day of the following month,
listing sales by type, other income, purchases, other expenditures, and
personal withdrawals, and attaching all statements and invoices or copies
thereof, properly receipted. Inventory of merchandise must be included when
requested;
E. indemnify and hold
harmless the state of Minnesota, its officers, or agents, for any acts or
omissions of said licensed blind vendor that may result in the licensed blind
vendor's liability to third parties, and the state shall not be liable for
negligence based on any theory of liability;
F. provide the licensing agency at least 60
days' notice of intent to take a leave of absence;
G. first make attempts to locate an
individual with a disability before approving the employment of a nondisabled
person when it has been determined that a relief operator or an assistant or
assistants must be employed. The wages paid for any assistance employed,
including bookkeeping, must be in reasonable proportion to work performed and
must be approved by the state licensing agency;
H. acquire liability insurance and, if
necessary, workers' compensation insurance for the business
enterprise;
I. provide the state
licensing agency at least a six-month notice of intent to retire from the
program; and
J. complete a product
inventory no less than once annually.
Subp. 3.
Agency duties.
A. The state licensing agency assumes
responsibility for providing licensed blind vendors the supervision,
assistance, and training necessary to ensure the operation of each business
enterprise in the most productive and efficient manner possible. This
supervision, assistance, and training must be performed according to the
following policies in addition to other provisions of parts
3321.0100 to
3321.1300.
B. In entering agreements for new or vacated
business enterprises, preference on the basis of seniority of experience of
operating business enterprises under the control of the state licensing agency
shall be given to capable licensed blind vendors who are deemed competent to
handle the business enterprise under consideration. The application of this
preference must not prohibit the state licensing agency from selecting a
licensed blind vendor from the community in which the business enterprise is
located. No licensed blind vendor may transfer to another business enterprise
and bid back into the business enterprise the licensed blind vendor just left
in the same bidding sequence. Seniority must be determined on the basis of
continuous service as a licensed blind vendor in the business enterprises
program with the state licensing agency.
C. The state licensing agency shall determine
a licensed blind vendor is in default if either of the following is more than
30 days late arriving at the offices of the state licensing agency:
(1) reports under subpart
2, item D; or
(2) payment in full under part
3321.0800.
In case of any default, the licensed blind vendor must be
assessed a late fee of $25. The state licensing agency shall notify the
licensed blind vendor of the default and penalty. A licensed blind vendor who
is in default for the same infraction the succeeding month must be assessed a
$50 late fee. This late fee charge continues to be $50 per default until the
licensed blind vendor has not been in default for at least one month. A
licensed blind vendor who is in default twice within six months will not be
permitted to transfer to new or vacated vending facilities, after notice of
disqualification from the state licensing agency. The licensed blind vendor may
regain eligibility to transfer if the licensed blind vendor has cured any prior
default and has not been in default for six consecutive months after the prior
defaults have been cured.
D. A leave of absence for medical reasons,
supported by a doctors statement, may be granted by the state licensing agency
and management committee, and the licensed blind vendor shall continue to
accrue seniority during the leave. A medical leave of absence for up to six
months may be granted under a plan in which the requesting licensed blind
vendor retains responsibility for and general management of the current
business enterprise. A medical leave up to one year may also be granted under a
plan in which the licensed blind vendor permanently gives up all responsibility
for and rights to the current business enterprise. A doctor's statement of
ability to return to work is required before a licensed blind vendor's actual
return to a business enterprise. Upon returning from a one-year medical leave
of absence, the licensed blind vendor must comply with part
3321.0300, subpart
1, item E. Prior to entering
into a new agreement with the licensed blind vendor who is returning from the
one-year medical leave of absence, the state licensing agency must evaluate the
licensed blind vendor to ensure continued compliance with part
3321.0200, item C. If necessary,
the state licensing agency must provide additional training to a licensed blind
vendor to meet this standard before entering into a new agreement.
E. A general leave of absence may be granted
by the state licensing agency and management committee during which time the
licensed blind vendor shall not accrue seniority but may exercise seniority
rights for new or vacated business enterprises. The licensed blind vendor shall
retain seniority accrued up to the date of the leave. A licensed blind vendor
on general leave shall give up all rights to the business enterprise which they
are operating. Prior to entering into a new agreement with the licensed blind
vendor who is returning from a general leave of absence, the state licensing
agency must evaluate the licensed blind vendor to ensure continued compliance
with part
3321.0200, item C. If necessary,
the state licensing agency must provide additional training to a licensed blind
vendor to meet this standard before entering into a new agreement.
F. The wages paid by a licensed blind vendor
for any assistance employed, including bookkeeping, must be in reasonable
proportion to work performed and must be approved by the state licensing
agency.
G. The state licensing
agency shall approve the items and the selling prices at which those items may
be sold, which comprise the merchandise inventory at each business
enterprise.
H. The state licensing
agency must purchase liability insurance for a business enterprise only when,
in the opinion of the state licensing agency, it is deemed essential that the
state licensing agency purchase this insurance.
I. The state licensing agency shall review
all licensed blind vendor monthly reports, statements and invoices, and other
information with specific attention to expenses and take those steps necessary
to ensure licensed blind vendor payment of those expenses.
Statutory Authority: MS s
248.07