Nebraska Administrative Code
Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Chapter 3 - BLIND VENDOR PROGRAM
Section 192-3-002 - Definitions
Current through September 17, 2024
002.01. ACTIVE PARTICIPATION shall mean the informed involvement that allows meaningful input into State Licensing Agency decisions. Active participation does not mean joint or equal decision-making authority. An ongoing process of negotiations between the State Licensing Agency and the Committee of Blind Vendors to achieve joint planning and approval of program policies, standards, and procedures affecting the overall operation of the vending facility program, prior to their implementation by the State Licensing Agency. The State Licensing Agency has the final authority for the administration of the vending facility program.
002.02. BLIND LICENSEE PERSON shall mean a person licensed by the State Licensing Agency to operate a vending facility on federal or other property, a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, at the applicant's option, has been determined to have:
002.03. BLIND VENDORS COMMITTEE shall mean the Committee created and defined in Section 006, pursuant to 20 U.S.C. 107b-1.
002.04. FEDERAL PROPERTY shall mean any building, land, or other real property owned, leased, or occupied by any department, agency or instrumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States ( 34 CFR 395.1) .
002.05. FINAL ADMINISTRATIVE DECISION shall mean, for purposes of federal court judicial review, the decision rendered by the Secretary of Education upon appeal as provided in 013.02; Evidentiary Hearings and Arbitrations of Vendor Complaints.
002.06. MANAGEMENT SERVICES shall mean supervision, inspection, quality control, consultation, accounting, regulating, in-service training, and other related services provided on a systematic basis to support and improve vending facilities operated by blind vendors ( 34 CFR 395.1) . Management services do not include those services or costs which pertain to the ongoing operation of the individual facility after the initial establishment.
002.07. NET PROCEEDS shall mean the amount remaining from the sale of articles or services of vending facilities, and any vending machines, or other income accruing to blind vendors after deducting the cost of such sale and other expenses (excluding set-aside charges required to be paid by such blind vendors) ( 34 CFR 395.1) .
002.08. OTHER PROPERTY shall mean property which is not federal property and on which vending facilities are established or operated by the use of any funds derived in full or in part, directly or indirectly, from the operation of vending facilities on any Federal property ( 34 CFR 395.1) .
002.09. PERMIT shall mean the official approval given the State Licensing Agency by a department, agency or instrumentality in control of the maintenance, operation, and protection of federal property, or persons in control of other property, whereby the State Licensing Agency is authorized to establish a vending facility (34 CFR 395.1) .
002.10. SET-ASIDE FUNDS shall mean funds that accrue to a State Licensing Agency from an assessment against the net proceeds of each vending facility in the state's vending facility program and any income from vending machines on federal property that accrues to the State-Licensing Agency.( 34 CFR 395.1) . Contributions to set-aside funds shall not be deducted from receipts when calculating net proceeds or net profits.
002.11. STATE LICENSING AGENCY (SLA) shall mean the Nebraska Commission for the Blind and Visually Impaired.
002.12. VENDING FACILITY shall mean shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment necessary for the vending of articles approved by the office, agency, or person having control of the property on which the vending facility is located; and manual or coin-operated vending machines or similar devices for vending articles approved by the office, agency, or person having control of the property on which the vending facility is located. Automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment which may be operated by blind licensees and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, food, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending or exchange of changes for any lottery authorized by state law and conducted by an agency of a state within such state ( 34 CFR 395.1) .
002.13. VENDING MACHINES shall mean for the purpose of assigning vending machine income, a coin or currency machine which dispenses articles or services, except those machines operated by the United States Postal Service for the sale of postage stamps or other postal products and services, machines providing services of a recreational nature, and telephones shall not be considered to be vending machines ( 34 CFR 395.1) .
002.14. VENDING MACHINE INCOME shall mean receipts {other than those of a blind vendor) from vending machine operations on federal property, after deducting the cost of goods sold (including reasonable service and maintenance costs in accordance with customary business practices of commercial vending concerns), where the machines are operated, serviced, or maintained by, or with the approval of, a department, agency, or instrumentality of the United States, or commissions paid (other than to a blind vendor) by a commercial vending concern which operates, services, and maintains vending machines on federal property for, or with the approval of, a department, agency, or instrumentality of the United States. (34 CFR 395.1) .
