Current through Register Vol. 63, No. 12, December 1, 2024
(1) TRAINEE SELECTION - To become a
trainee in the Business Enterprise program, an applicant must meet
the following qualifications:
(a)
Be a citizen of the United States;
(b) Be present in the State of
Oregon;
(d) Be a client
of the Commission's vocational rehabilitation program;
(e) Be certified by the
Commission's vocational rehabilitation program as capable and
qualified to operate a vending facility;
(f) Complete and submit an
application form to the Director;
(g) Complete the Business
Enterprise program testing requirements.
(h) The Director must also
determine that there is reasonable expectation that the client will
successfully complete the required training.
(2) TRAINING - To be eligible for a
license, a trainee must successfully complete the training course
provided by the Business Enterprise program. The Business Enterprise
program, with the active participation of the BECC, shall design the
training course for assignment to a vending facility. The training
will encompass operations of all types of vending facilities. The
training course may include distance education or college courses. It
shall include on-the-job training at one or more Director approved
facilities.
(a) A trainee must
demonstrate proficiency in the skills acquired during on-the-job
training.
(b) With active
participation of the BECC, additional training may be required as a
prerequisite for assignment to unique vending facilities.
(c) A trainee must demonstrate
proficiency in mathematics, writing, reading comprehension, and
computer skills to the extent necessary to successfully operate a
vending facility.
(d) A
trainee must achieve a passing score on any examination administered
during the training program.
(3) LICENSES - With respect to
issuing a license to a trainee,
(a)
The Commission shall issue a license to a trainee who has met all
eligibility requirements, who has successfully completed the Business
Enterprise program's training program, and who has passed the final
training examination.
(b)
The Commission shall issue a license to a blind person who is
licensed in another state only under the following
circumstances:
(c) The
applicant shall have signed a consent form for release of information
for all states where the applicant has received or applied for
rehabilitation services;
(d) The applicant shall have no
outstanding debts with any other rehabilitation agencies;
(e) The applicant's license shall
not be suspended or terminated;
(f) The applicant shall be a
citizen of the United States and be present in the State of
Oregon;
(g) The applicant
shall be a blind person;
(h) The applicant shall be a client
of the Commission's vocational rehabilitation program;
(i) The applicant shall be
certified by the Commission's vocational rehabilitation program as
capable and qualified to operate a vending facility;
(j) The applicant shall complete
and submit an application form to the Director;
(k) The applicant shall complete
the Business Enterprise program testing requirements;
(l) The applicant shall demonstrate
proficiency in the required skills assessed on-the-job by Business
Enterprise staff at a vending facility approved by the
Director;
(m) The
applicant shall demonstrate proficiency in mathematics, writing,
reading comprehension, and computer skills to the extent necessary to
successfully operate a vending facility, and;
(n) The applicant shall achieve a
passing score on the final training examination.
(4) DENIAL OF A LICENSE - if a
license is denied, the applicant may appeal using the VR agency
process outlined in the VR client Rights & Responsibilities
(https://www.oregon.gov/blind/Documents/VR%20Rights%20and%20Responsibilities.pdf)
and dispute resolution forms (https://www.oregon.gov/blind/Documents/ocb_dispute_resolution_notice%20updated.doc).
The Commission shall deny a license when any of the following occur:
(a) With respect to a trainee, the
Commission shall deny licensure when:
(A) A trainee does not successfully
complete the Business Enterprise training program;
(B) A trainee does not demonstrate
proficiency in the skills acquired during on-the-job
training;
(C) A trainee
does not demonstrate proficiency in mathematics, writing, reading
comprehension, or computer skills to the extent necessary to
successfully operate a vending facility;
(D) A trainee does not achieve a
passing score on the final training examination.
(b) With respect a vending facility
manager from another state, the Commission shall deny licensure when:
(A) An applicant does not complete
and submit an application form to the Director;
(B) An applicant does not complete
the Business Enterprise program testing requirements;
(C) An applicant does not complete
a signed consent form for release of information for all states where
the applicant has received or applied for rehabilitation
services;
(D) An
applicant has outstanding debts with any rehabilitation
agencies;
(E) An
applicant's license has been suspended or terminated;
(F) An applicant is not a client of
the Commission's vocational rehabilitation program;
(G) An applicant is not certified
by the Commission's vocational rehabilitation program as capable and
qualified to operate a vending facility;
(H) An applicant does not
demonstrate proficiency in the required skills when assessed
on-the-job by Business Enterprise staff at a vending facility
approved by the Director;
(I) An applicant does not
demonstrate proficiency in mathematics, writing, reading
comprehension, and computer skills to the extent necessary to
successfully operate a vending facility;
(J) An applicant does not achieve a
passing score on the final training examination;
(5) PROGRESSIVE
DISCIPLINE - The Commission shall utilize progressive discipline to
document and correct performance or conduct issues, prior to
terminating a vending facility manager's license. Except as provided
by OAR 585-015-0030, Section F - Emergency Removal from Vending
Facility, the Commission shall use progressive discipline with the
vending facility managers. All notices of disciplinary action shall
advise the vending facility manager of their right to appeal. The
notice shall also advise the vending facility manager of the
availability of the BECC to assist and act as an advocate. Throughout
the process, if the Commission determines that the performance or
conduct issues can be appropriately addressed through training, the
Commission shall make such training available to the vending facility
manager. The Commission may take the following progressive discipline
steps:
(a) Step 1 - Verbal warning:
Business Enterprise program staff will discuss the performance or
conduct issue(s) that was observed or reported with the vending
facility manager. Business Enterprise staff will explain the expected
corrective actions, and the expected amount of time to complete the
corrective actions, to the vending facility manager. Business
Enterprise staff will document the discussion and provide the vending
facility manager a copy of the documentation. The manager shall sign
a copy of the documentation after being afforded the opportunity to
read it in the manger's preferred mode. If the Commission determines
that the performance or conduct issues can be appropriately addressed
through training, the Commission shall make such training available
to the vending facility manager.
(b) Step 2 - Written warning: if a
vending facility manager does not take the corrective actions that
were documented in step 1, and the performance or conduct issue(s)
continue, Business Enterprise staff will issue the vending facility
manager a written warning that documents the performance or conduct
issue(s) that continue to be reported or observed, the actions that
were not taken after the step 1 warning, and the required immediate
corrective action(s) and timeline(s), the vending facility manager
must complete to remedy the issue(s). The Director will review the
written warning with the vending facility manager to ensure they
fully understand the expected immediate and sustained corrective
actions that need to occur, to prevent further progressive discipline
or termination of their license. The vending facility manager shall
receive a copy of the written warning. The manager shall sign a copy
of the documentation after being afforded the opportunity to read it
in the manger's preferred mode. If the Commission determines that the
performance or conduct issues can be appropriately addressed through
training, the Commission shall make such training available to the
vending facility manager.
(c) Step 3 - Final warning: if a
vending facility manager does not take the corrective actions that
were documented in step 2, and the performance or conduct issue(s)
continue, Business Enterprise staff will issue the vending facility
manager a final written warning. The final warning shall document the
performance or conduct issue(s) that continue to be reported or
observed, the actions that were not taken after the step 2 warning,
and the required immediate corrective action(s) and timeline(s), the
vending facility manager must complete to remedy the issue(s). The
manager shall sign a copy of the documentation after being afforded
the opportunity to read it in the manger's preferred mode. If the
Commission determines that the performance or conduct issues can be
appropriately addressed through training, the Commission shall make
such training available to the vending facility manager.
(d) Step 4 - Termination: if the
vending facility manager does not complete the required corrective
actions, outlined in step 3, within the required timeline, the
Commission may begin the process to terminate the vending facility
manager's license. The vending facility manager shall receive due
process as outlined in Section F, Termination of License.
(e) If the Commission determines
that the performance or conduct issues can be appropriately addressed
through training, the Commission shall make such training available
to the vending facility manager.
(6) Termination of License - The
Commission may terminate the license of a vending facility manager
when the vending facility manager:
(a) Ceases to meet eligibility
requirements;
(b) Resigns
or retires from the Business Enterprise program;
(c) Abandons or fails to personally
manage the assigned vending facility;
(d) Does not comply with applicable
laws, rules, the permit or vending facility agreement to which the
manager is assigned;
(e)
Does not comply with the terms and conditions of their operating
agreement;
(f) May be
terminated as provided for in CFR 395.7(b);
(g) Intentionally or recklessly
damages or destroys equipment furnished by the Commission or the
agency named in the permit or vending facility agreement;
(h) Commits theft, fraud or
embezzlement;
(i) Uses,
or is under the influence of an intoxicant or illegal drug while at a
vending facility;
(j)
Fails to submit required monthly set-aside or other
reports;
(k)
Intentionally submits false reports;
(l) Fails to retain supporting
documentation for monthly reports;
(m) Fails to cooperate with a
financial audit;
(n)
Fails to submit to an eye exam when requested;
(o) Fails to pay set-aside charges
or scheduled repayments for more than sixty (60) days;
(p) Fails to maintain required
insurance coverage,
(q)
Fails to provide proof of insurance coverage;
(r) Illegally operates a motor
vehicle while on duty or while traveling to or from a vending
facility;
(s) Represents
themselves as employees of the State of Oregon or the Commission, or
solicits or negotiates for new vending facility agreements or
permits.
(7)
NOTICE OF TERMINATION - When the Commission has grounds for
termination of a license it shall provide written notice of
termination to the vending facility manager as required in ORS
183.415(2).
Such notice shall advise the vending facility manager of his/her
right to a full evidentiary hearing as provided in section "Dispute
Resolution Process, C" when the vending facility manager makes a
written request for a full evidentiary hearing, as required in
34
CFR 395.13.
(8) REINSTATEMENT - A blind person
may apply for reinstatement of their license and shall meet the
following requirements prior to a new license being issued:
(a) A blind person shall have
resigned or retired from the Business Enterprise program;
(b) A blind person shall
successfully complete all steps outlined in the LICENSING
section.
(9)
POST-LICENSURE TRAINING - The Commission shall provide training to
vending facility managers and licensees at least once per calendar
year.
(a) Vending facility managers
and licensees are required to attend one Commission sponsored
training per calendar year. This requirement may be waived only with
the Commission's written consent due to illness or
bereavement;
(b) Vending
facility managers and licensees may attend via
teleconference;
(c)
Planning for training will be done with the active participation of
the Business Enterprise Consumer Committee;
(d) Training topics may include
strategies for improved work opportunities, budgeting, marketing,
customer service, employee management and industry
trends.
(10)
ADDITIONAL TRAINING - When the Commission determines a vending
facility manager or licensee requires additional training, the
Commission shall arrange for additional training. The Commission
shall provide post-employment services consistent with the
requirements in
34 CFR
395.11.
(11) CONTINUING EDUCATION (CE)
TRAINING - In order to ensure continued professional growth and to
enhance opportunities for upward mobility, all vending facility
managers, and licensees, are required to complete continuing
education credits each calendar year.
(a) In order to meet this
requirement, the vending facility manager shall complete three of the
following activities:
(A)
Attendance at a vending facility manager training sponsored by the
BECC with the assistance of the Commission;
(B) Attendance at the National
Association of Blind Merchants (NABM) BLAST Conference;
(C) Attendance at the
Randolph-Sheppard Vendors of America (RSVA) Sagebrush
Conference;
(D)
Attendance at the National Automatic Merchandising Association NAMA
Show;
(E) Attendance at
the National Restaurant Association (NRA) Annual
Conference;
(F)
Attendance at the National Association of Convenience Stores (NACS)
Annual Conference;
(G)
Successful completion of a Hadley Institute for the Blind and
Visually Impaired online training course offered by Hadley's Forsythe
Business Program;
(H)
Certification or recertification in the National Restaurant
Association's ServSafe food safety program;
(I) Attending a State NAMA
Conference;
(J) Attending
an industry sponsored food show;
(K) Successful completion of a
college business course.
(b) Additionally, the Commission
may design training specific to an individual or with the active
participation of the BECC identify other training opportunities not
listed above. With the active participation of the BECC, point values
will be assigned to such training as appropriate.
(c) It will be the responsibility
of the vending facility manager, or licensee, to provide
documentation each January of attendance or completion of all
training. The Commission shall maintain said documentation.
(d) Failure to meet the continuing
education requirements will disqualify a vending facility manager
from bidding on facilities for the next calendar year.
(e) The Commission may make an
exception to the training requirement if the vending facility
manager, or licensee, cannot complete the training due to medical
issues or other documented hardships.
Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: ORS
346.510 to
346.570