Current through Register Vol. 63, No. 12, December 1, 2024
(1) DIRECTOR - The Director and the
Business Enterprise Program staff are responsible for planning,
directing and supervising the Business Enterprise Program, in
accordance with 34 CFR part 395 and ORS
346.510-570.
This includes:
(a) Working with the
Business Enterprise Consumer Committee, in accordance with
34 CFR
395.14(b) 1-5 and
ORS
346.510-570;
(b) Developing and implementing
rules, regulations, policies and procedures;
(c) Enforcing rules, regulations,
policies and procedures;
(d) Monitoring compliance with
state and federal law;
(e) Conducting strategic planning
with the Business Enterprise Consumer Committee;
(f) Developing and monitoring the
Business Enterprise Program budget;
(g) Coordinating the training
program for trainees and licensees;
(h) Coordinating with the Business
Enterprise Consumer Committee in planning annual post licensure
training meetings;
(i)
Surveying potential new vending facilities;
(j) Establishing new vending
facilities;
(k)
Establishing and maintaining equipment inventory control;
(l) Selecting vending facility
managers for operation of vending facilities;
(m) Reviewing and documenting
operation of vending facilities through on-site visits;
(n) Advising vending facility
managers of deficient areas and assisting the vending facility
manager in developing performance improvement plans;
(o) Coordinating the transfer and
promotion of licensees and vending facility managers;
(p) Advising vending facility
managers as needed on merchandising, inventory control, reporting,
and all related business functions;
(q) Coordinating and supervising
the transfer of vending facility inventory;
(r) Recommending initial inventory
purchases to the vending facility manager's vocational rehabilitation
counselor;
(s) Performing
inventory of Business Enterprise Program equipment;
(t) Communicating with building
managers;
(u) Ensuring
building managers are provided a copy of the assigned vending
facility manager's operating agreement;
(v) Conducting audits of vending
facilities and vending facility managers;
(w) Ensuring for the continued
operation of vending facilities;
(x) Responding to written requests
and recommendations from the Business Enterprise Consumer Committee
within 30 days;
(y)
Undertaking any additional acts or duties described in these rules as
the responsibility of the Commission.
(2) EQUIPMENT AND INVENTORY - The
Commission shall supply a vending facility manager of a new vending
facility the equipment and initial inventory of merchandise necessary
to begin business in the vending facility;
(a) The right, title to, and
interest in the equipment of each vending facility and the initial
inventory will be vested in the Commission. The right, title to, and
interest in the Initial inventory shall be transferred to vending
facility manager only after the vending facility manager has
reimbursed the Commission the total cost of the initial
inventory;
(b) The
vending facility manager may reimburse the Commission the total cost
of the initial inventory in one payment, or via a monthly repayment
plan of no more than 20 months.
(c) The need for any additional
equipment for an established vending facility is determined by the
Director in consultation with the assigned vending facility
manager;
(d) When the
vending facility manager surrenders a vending facility, whether
through transfer, resignation or retirement, or termination, the
vending facility manager shall turn over all Commission-owned
equipment and inventory. The Commission shall return any monies owed,
such as initial inventory retained by the Commission, to the vending
facility manager, minus set-aside payments or other payments due to
the Commission, within 30 days.
(3) MAINTENANCE, REPAIR AND
REPLACEMENT OF EQUIPMENT - The Commission shall:
(a) Maintain, or cause to be
maintained, all vending facility equipment, owned by the Commission,
in good repair and attractive condition;
(b) Not be responsible or liable
for repair, maintenance or any other cost or damages directly or
indirectly associated with any use of equipment not owned by the
Commission;
(c) Not be
responsible or liable for repair of equipment intentionally or
recklessly damaged by vending facility managers.
(4) ACCESS TO PROGRAM AND FINANCIAL
INFORMATION - The Commission shall:
(a) Provide to each licensee or
vending facility manager access to program and financial data
relevant to the operation of the Business Enterprise Program,
including quarterly and annual financial reports, to the extent that
such disclosure does not violate applicable Federal and state laws
pertaining to disclosure of confidential information.
(b) Provide financial data in an
accessible format;
(c) At
the request of a licensee or vending facility manager, arrange a
convenient time to assist in the interpretation of such
data.
(5)
EXPLANATION OF RIGHTS AND RESPONSIBILITIES TO VENDING FACILITY
MANAGERS - The Commission shall make available to all vending
facility managers the following:
(a) Documents relevant to the
operation of the vending facility manager's assigned vending
facility, to include the current vending facility agreement or permit
for the operation of the vending facility;
(b) Business Enterprise rules and
regulations as posted on the Commission's website, which includes the
right to due process.
(c)
The Business Enterprise Program shall not discriminate in any way in
any of its operations and administration on the basis of sex, age,
physical or mental impairment, creed, color, national origin, or
political affiliation.
(6) EMERGENCY REMOVAL FROM VENDING
FACILITY - The Commission shall remove a vending facility manager
from a vending facility if there is evidence of a hazardous situation
involving the vending facility manager which poses an immediate
threat to the safety of the vending facility manager or others. This
removal may be immediate if the circumstances require. Within at
least twenty-four (24) hours of the removal, the Commission shall
contact the Chair of the BECC and inform them of the action. Within
ten (10) working days, the vending facility manager may request a
full evidentiary hearing if the vending facility manager disagrees
with the emergency removal. In the event of a vending facility
manager's removal under paragraph (1) of this subsection, the
Commission must, within ten (10) working days, do one of the
following:
(a) Return the vending
facility manager to the vending facility;
(c) Terminate the operating
agreement but allow the vending facility manager to bid on any vacant
vending facilities;
(d)
Initiate disciplinary action against the vending facility
manager.
(7)
VENDING FACILITY MANAGER RESPONSIBILITIES
(a) Assigned Vending Facility-The
vending facility manager shall operate their assigned vending
facility in accordance with ORS
346.510-570,
including:
(A) The Business
Enterprise Program's rules and policies related to the operation of a
vending facility
(B) The
terms and conditions of the vending facility agreement or
permit;
(C) The terms and
conditions of their signed operating agreement;
(D) State and Federal laws and
regulations applicable to the operation of a vending
facility.
(E) The vending
facility manager shall not discriminate in any way in the operation
of the vending facility on the basis of race, sex, age, physical or
mental impairment, creed, color, national origin, or political
affiliation. In addition, the vending facility manager shall not
discriminate in any way on the basis of race, color, religion, sex,
sexual orientation, national origin, marital status, age, disability
or familial status. ORS
659A.006
(b) MANAGEMENT AND OPERATION OF THE
VENDING FACILITY
(A) General
responsibilities - The vending facility manager:
(i) Shall provide to the Director,
upon request, any relevant documents and records of such activities
required for conducting a review of the vending facility manager and
or the vending facility manager's vending facility;
(ii) Shall maintain a professional
standard for personal appearance, grooming, and conduct, implemented
consistent with nondiscrimination laws and health and safety
regulations;
(iii) Shall
notify the Commission of scheduled or unscheduled leave, exceeding 10
business days;
(iv) Shall
provide customer services in a polite and courteous manner and
present a positive, professional image of the Commission;
(v) Shall address customer
complaints promptly;
(vi)
Shall conduct all relations with property management in a positive
and constructive manner;
(vii) Shall pay all set aside
monies due.
(B)
Vending facility agreement or permit responsibilities - The vending
facility manager:
(i) Shall operate
the vending facility for business on the days and during the hours
specified in the permit or vending facility agreement;
(ii) Shall be solely responsible
for all credit account and debt relating to the operation of the
vending facility;
(iii)
Shall establish a refund policy for each vending facility and
communicate the policy to the vending facility manager's
customers.
(iv) Shall
provide for continued operation of the vending facility in the
vending facility manager's absence;
(v) Shall employ a sufficient
number of persons to ensure the proper and satisfactory operation of
the vending facility;
(vi) Shall provide and document
training for all of their employees;
(vii) Shall provide supervision for
all of their employees;
(viii) Shall ensure that all
employees maintain a professional appearance at all times,
implemented consistent with nondiscrimination laws and health and
safety regulations;
(ix)
Shall ensure that vending facility manager and all employees are
properly uniformed, if required by the vending facility agreement or
permit, and implemented consistent with nondiscrimination laws and
health and safety regulations;
(x) Shall ensure their employees
adhere to all applicable laws, Business Enterprise rules and the
vending facility agreement or permit terms;
(xi) Shall obtain and pay for any
applicable permits and licenses required to operate the vending
facility;
(xii) Shall
establish prices that are consistent with local market
costs;
(xiii) Shall sell
only those articles specified in the permit or vending facility
agreement and approved by building management and the Commission,
subject to local market availability.
(c) INSURANCE - The vending
facility manager shall:
(A) Obtain
and maintain insurance of the type and with the limits specified in
the permit or vending facility agreement;
(B) Maintain general liability and
product liability insurance with limits of not less than $1,000,000
aggregate, if the permit or vending facility agreement does not
specify insurance requirements;
(C) Obtain and maintain workers'
compensation insurance, if required by state law;
(D) Maintain commercial liability
insurance on any vehicles, if the vehicles are part of the vending
facility;
(E) Name the
vending facility manager and the Commission as co-insured, on all
required insurance policies, excluding worker's compensation
insurance;
(F) Ensure
that their insurance provider gives the Commission 30-day notice
before cancellation;
(G)
Obtain and file annually with the Commission certificates of
insurance indicating that any required insurance coverage is in
force;
(H) Report to the
Commission any incident at a vending facility that may lead to a
claim or suit against the vending facility manager as soon as
possible after the manager becomes aware of it.
(d) EQUIPMENT AND INVENTORY - The
vending facility manager shall:
(A)
Maintain all equipment assigned to the vending facility in good
condition;
(B) Ensure
that merchandise is fresh, in sufficient variety, and attractively
and neatly displayed;
(C)
Stock the vending facility with products of sufficient variety and
quantity to meet the needs of the vending facility's
customers;
(D) Upon
termination of the operating agreement, surrender all
Commission-owned equipment in clean and good working order.
(E) A Vending facility manager
newly assigned to a vending facility shall pay back to the Commission
the amount of the initial inventory plus change fund beginning six
(6) months after taking over the facility, at a rate of 5% of initial
balance per month.
(F)
Vending facility managers transferred from another vending facility
will begin payment immediately at the 5% rate.
(e) PURCHASE OF EQUIPMENT - The
Rules concerning "Purchase of Equipment" apply only to vending
facility manager's purchases of equipment for their vending facility.
(A) The right, title to and
interest in the equipment purchased by the Commission to establish a
vending facility is vested solely in the Commission.
(B) A vending facility manager may
purchase equipment with the vending facility manager's own funds. The
vending facility manager may receive a credit for the cost of these
purchases from the monthly set aside report only with Director's
prior written approval. The Commission and the vending facility
manager shall enter into a written agreement to provide the terms for
a credit of the equipment cost on their monthly set aside report. If
the vending facility manager chooses to receive the credit of the
equipment costs on their monthly set aside report, the right, title
and interest in the equipment would then become vested in the
Commission.
(C) Example
of equipment credit, the vending facility manager purchases a $1,000
piece of equipment with own funds, cost is then amortized over 10
months, $100 per month credit toward set aside owed, an example month
of calculated set aside owed is $400, $100 credit applied to amount
of set aside owed equals $300 set aside payment.
(f) EQUIPMENT REPAIR - The vending
facility manager:
(A) Shall pay the
full repair cost, if the Commission determines a needed repair is
caused by the vending facility manager's neglect or misuse;
(B) Shall obtain prior written
approval from Commission staff for any repair that costs more than
one hundred dollars ($100);
(C) May obtain prior verbal
approval by Commission staff followed by written approval if prior
written approval is not practicable, or if an emergency situation
exists. An "emergency" is defined as a situation that could cause
loss of resale inventory, bodily harm to vending facility employees
or customers, loss of the vending facility, or a harmful effect on
the environment.
(D)
Shall pay for all equipment repairs for equipment not owned by the
Commission.