New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED
Part 729 - BUSINESS ENTERPRISE PROGRAM
Section 729.9 - Set-aside of funds levy

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 729.9

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The commission may establish and assess a levy which accrues to the commission on the net proceeds of the operation of each vending facility in the Business Enterprise Program and any income from vending machines on the property. Funds obtained by levy must be set aside only to the extent necessary and may be used only for:

(1) maintenance and replacement of equipment;

(2) purchase of new equipment;

(3) management services as such term is defined in section 729.2(h) of this Part;

(4) assuring a fair minimum return to operators of vending facilities if the commission chooses to implement such policy; or

(5) retirement or pension funds, health insurance contributions, and provision for paid sick and vacation time, if it is determined by a majority vote of blind licensees after the commission provides to each such licensee full information on all matters relevant to such proposed program, that funds set aside under this Part will be used for such purposes.

(b) In no event may the amount of such funds to be set aside from the net proceeds of any vending facility exceed an amount which will be determined by the commissioner in consultation with the State, Committee of Blind Vendors.

(c) All changes in the method of determining funds to be set aside must be developed by the commissioner with the active participation of the State Committee of Blind Vendors. So far as is practicable, no greater charges than are reasonably required will be assessed.

(d) The commission will maintain adequate records to support the reasonableness of charges to be set aside for the purposes listed in this section including any reserves necessary so that such purposes can be achieved on a consistent basis.

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