(1) Definition of license: A license is a
written instrument issued by the SLA to a qualified licensed manager,
authorizing such person to operate a vending facility on federal or other
property (34 CFR
395.1) .
(2) Issuance and conditions of a license: A
license shall be issued by the SLA in accordance with federal regulations
making the individual eligible to operate a facility. The license shall be
prominently displayed in the licensed manager's facility. The license remains
effective for an indefinite length of time, unless terminated or suspended by
the SLA in accordance with state and federal regulations. A license issued to
an individual is non-transferable (
34 CFR
395.7) . Preference is given to blind persons
who are in need of primary employment. Requirements for the issuance of a BEP
license is that the individual:
(a) must be
legally blind as verified by documentation (
34 CFR
395.7);
(b) must be a United States citizen residing
in the state in which he/she desired to be trained and licensed. Birth
certificate or other applicable documentation must be submitted with
application (34 CFR
395.7);
(c) be at least 18 years of age or
older;
(d) applied and been
determined eligible for the NMCB vocational rehabilitation program, including
completing an application form for the BEP listing relevant education, business
experience and references (see Appendix T) [sic Appendix 2] [now 9.4.7.13
NMAC]; and, participating in an interview with the VR counselor, member of the
committee of licensed managers and BEP staff. After the interview, the
vocational rehabilitation counselor and BEP staff will discuss the checklist of
prerequisites for BEP training (see Appendix 1) [now 9.4.7.12 NMAC], and
discuss any items of concern with the BEP staff member;
(e) have completed all services on the IWRP
which may interfere with training;
(f) have completed the proscribed training
program required by the SLA (Paragraph 12.2.6 of this rule) [now Paragraph (6)
of Subsection B of 9.4.5.12 NMAC].
(3) Termination of license: A license
automatically expires when the licensed manager is no longer a United States
citizen, no longer meets the definition of legal blindness, surrenders his/her
license, resigns, retires or dies. A license may be terminated or suspended by
the SLA in accordance with BEP, state or federal regulations as described
below.
(4) Grounds for probation,
suspension or termination of a license: A licensed manager may be put on
probation, and a BEP license may be suspended or terminated for the reasons set
forth in the following Paragraphs (A) through (S) [now Subparagraphs (a)
through (s) of Paragraph (4) or Subsection A of 9.4.5.15 NMAC].
(a) failure to open the assigned BEP facility
as stated in the agreement with the grantor agency, without prior proper
approval from the SLA (abandonment of facility);
(b) defrauding any agency of government
(including the SLA) or any supplier or failure to pay monies due including
taxes, fees, or assessments to any governmental entity or supplier;
(c) failure to file required financial and
other records with the SLA or preserve them for a specified time and failure to
comply/cooperate with the audits conducted by the SLA or other state or federal
agencies;
(d) the vending facility
is not being operated in accordance with the rules and regulations, terms and
conditions of the permit with the grantor agency, or the terms and conditions
of the manager's agreement;
(e)
intentional abuse, neglect, unauthorized use or removal of the BEP facility
equipment; or failure to properly maintain the equipment in a clean and
operating manner within the scope of the licensed manager's level of
maintenance authorization;
(f)
misconduct or unprofessional behavior by the licensed manager, as defined by
the code of ethics or state/federal regulations. This requirement includes but
is not limited to: use of profane language with the SLA, property manager,
employees and/or customers; threatening, belligerent or harassing behavior;
other behavior inappropriate to successful operation of a business;
(g) substance abuse (alcoholic beverages,
illegal drugs, etc.) while operating the BEP facility; or substance abuse off
the premises that interferes with the operation of a vending
facility;
(h) operation of a BEP
facility in such a way that the SLA's investment is obviously endangered,
including significant loss of clientele due to actions of the licensed
manager;
(i) an attempt by a
licensed manager to acquire an existing or proposed BEP facility as a private
operation while operating a BEP facility or awaiting assignment to a BEP
facility without prior approval by SLA staff and recommendation for that action
by the committee of licensed managers;
(j) failure to comply with all federal and
state laws prohibiting discrimination and failure to assure services without
distinction on the basis of race, gender, color, national origin, religion, age
or disability;
(k) incompetence or
determination by the SLA or its designee that the licensed manager no longer
has the necessary skills and abilities for managing a BEP facility;
(l) use of the facility to conduct unlawful
activities or activities unauthorized by the SLA or property manager's
permit;
(m) failure to personally
operate and manage the facility or vending route in accordance with the
manager's agreement;
(n) failure to
manage a facility in the business enterprise program at a reasonable
profit;
(o) failure to bid on a
facility for three years, with no extension, could be grounds for the
termination of a license by the SLA. For example, if a manager fails to bid on
one or more vacant facilities located within his/her geographic area, within a
three year period, the license could be terminated. The three year provision is
effective as of the date of the issuance of this manual. Licenses issued prior
to the effective date of the manual are issued for an indefinite time
period;
(p) extended illness with a
medical leave-documented diagnosis of prolonged incapacity of the licensed
manager to operate the facility or vending route in a manner consistent with
the needs of the location or other available locations in the BEP;
(q) withdrawal of the manager from the
program upon his/her written notification to the SLA;
(r) failure to comply with the Parental
Responsibility Act (New Mexico Laws of 1995, Chapter 25), which provides for
the denial, suspension or revocation of professional and occupational licenses
for nonpayment of child support;
(s) failure to maintain workman's
compensation insurance following the initial year of coverage provided by the
SLA, should the facility and/or route have one or more employees;
(t) the SLA provides for procedures for fair
hearings for licensed managers' grievances regarding termination, probation or
suspension of a license; these procedures provide each licensed manager the
opportunity to seek remediation of dissatisfaction with any SLA action arising
from the termination, probation or suspension of a license.
(5) A licensed manager on
disciplinary probation, or who has been suspended or had his/her license
terminated, may not bid on another vending facility.