New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Subchapter 1 - GENERAL PROVISIONS
Section 10:97-1.3 - Definitions
The following words and terms shall have the following meanings, unless the context clearly indicates otherwise.
"Active participation" means an ongoing process of good-faith negotiation between the elected Committee of Business Enterprise Managers and the Commission for the Blind and Visually Impaired in the development of Business Enterprises New Jersey policies and procedures before implementation. The Commission shall be responsible for the administration and operation of all aspects of BENJ and authority in decisions affecting BENJ.
"Administrative hearing" means a formal proceeding before an Administrative Law Judge and conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
"Approved training" refers to training that is set forth by Business Enterprises New Jersey, with the active participation by the Committee of Business Enterprise Managers.
"Blind person" means a person who, after examination by an ophthalmologist or by an optometrist, which ever such person shall select, has been determined to have:
1. Not more than 20/200 central visual acuity in the better eye with corrective lenses; or
2. An equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.
"Business enterprise" means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate equipment that may be operated by blind managers and that is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, 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 chances for any lottery authorized by State law and conducted by an agency of the State.
"Business Enterprises New Jersey" or "BENJ" means the New Jersey Randolph-Sheppard Act business enterprise program.
"Business Enterprises New Jersey Fund, Federal" means funds that accrue to the Commission from any vending machines on Federal property.
"Business Enterprises New Jersey Fund, non-Federal" means funds that accrue to the Business Enterprise Program from all non-Federal sources.
"Business Enterprises New Jersey Manager" means the individual administratively responsible for overseeing the operations of the Business Enterprises New Jersey program, staff, and other relevant matters.
"Certified for Placement List" means a roster of blind persons who have successfully completed approved training for Business Enterprises New Jersey and are so certified by the Commission. All individuals who successfully complete the training course will receive a certificate of completion.
"Committee" or "CBEM" means the Committee of Business Enterprise Managers, who are managers elected at the annual meeting by a majority of active licensed managers in the program.
"Commission" means the New Jersey Commission for the Blind and Visually Impaired, the State licensing agency.
"Federal Set-Aside Funds" means funds which accrue to the Commission from any income from vending machines on Federal property.
"Field representative" means the front line business consultant at the Commission responsible for training and other program service delivery in support of a licensed manager or candidate seeking licensure.
"Full Evidentiary Hearing": for purposes of this Code Full Evidentiary Hearing and Administrative Hearing are synonymous.
"Inactive licensee" means a blind manager who has been duly licensed by the Commission, but is not presently operating a location.
"License" means a written instrument issued by the State licensing agency to a blind person authorizing such person to operate a vending facility or other business enterprise on Federal or other property.
"Licensee" means a blind manager who has been duly licensed by the Commission.
"Manager" means a qualified blind person assigned by the Commission to operate a business enterprise on Federal or other property. A manager is not an employee of the State of New Jersey.
"Net profit or net proceeds" means the amount remaining from the sale of articles or services of business enterprises and any vending machine or other income accruing to managers after deducting the cost of such sale and other expenses.
"Operating agreement" means the agreement, which shall be entered into between the Commission and each manager, covering the basic terms and conditions required of each party for the operation of a specific business enterprise.
"Permit" means the agreement between the Commission and a department or agency in the control of the maintenance, operation and protection of Federal and non-Federal property whereby the Commission is authorized to establish a business enterprise.
"Property manager" means the official responsible for the property where the business enterprise is located.
"Revocation of license" means a termination of license for cause, after, if requested, a full evidentiary hearing.
"Secretary" means the Secretary of the United States Department of Education.
"Seniority" means the total of work time as a licensed manager in Business Enterprises New Jersey. Work time must be unbroken unless there are extenuating circumstances that exist, through no fault of the manager.
"State licensing agency" means the New Jersey Commission for the Blind and Visually Impaired.
"Suspension" means a temporary discontinuation of the operating agreement or license resulting in the halting of operations. The operating agreement or license will be restored when the reason for suspension has been remedied. If the reason for suspension is not or cannot be remedied, the operating agreement will be revoked after a full evidentiary hearing.
"Vocational rehabilitation counselor" means a person hired to assist disabled clients in the process of selecting and obtaining necessary training and related services for their vocational rehabilitation.
