Current through Register Vol. 63, No. 12, December 1, 2024
(1)
COMPOSITION - The Business Enterprise Consumer Committee shall be
composed of one chairperson and five members, all of whom must be
vending facility managers;
(a) The
chairperson and Business Enterprise Consumer Committee members shall
all be voting members of the Business Enterprise Consumer
Committee;
(b) The
chairperson and Business Enterprise Consumer Committee members shall
all hold two year terms of office, beginning immediately after they
are elected;
(c) The
Business Enterprise Consumer Committee shall be representative, to
the extent possible, of vending facility managers within the Business
Enterprise Program on the basis of factors such as geography and
vending facility type and, as a goal, proportional representation of
vending facility managers on federal and public property.
(2) ELECTIONS -
Nominations shall be held at the Business Enterprise Consumer
Committee meeting prior to the October Business Enterprise Consumer
Committee meeting;
(a) The
Commission shall conduct annual elections at the October Business
Enterprise Consumer Committee meeting;
(b) All vending facility managers
and licensees shall be eligible to vote;
(c) Participation by any vending
facility manager or licensee in any election may not be conditional
upon the payment of dues or any other fees;
(d) Licensees or vending facility
managers, who cannot attend the October Business Enterprise Consumer
Committee meeting, may vote by emailing their vote to the Director no
later than twenty-four (24) hours prior to election, or less if there
are extenuating circumstances;
(e) In the event of a tie vote, the
nominated vending facility managers who are tied will each have
another chance to speak to the vending facility managers or licensees
who are present at the meeting, afterwards another vote will be
taken. This process will continue until the tie is broken;
(f) Vending facility managers or
licensees who voted via email, and who are not attending in person or
via teleconference, shall not cast further votes in the event of a
tie vote.
(3)
VACANCIES - The Chairperson or Business Enterprise Consumer Committee
members may voluntarily vacate their office by submitting written
notice to the Business Enterprise Consumer Committee and Director.
(a) In the event of a vacancy of
the office of chairperson, the Commission shall hold a special
election within 30 days. All vending facility managers and licensees
shall be eligible to vote. Voting may be by US mail or email,
submitted to the Director.
(b) In the event of a vacancy of
any other Business Enterprise Consumer Committee member, the Business
Enterprise Consumer Committee shall appoint another vending facility
manager to fulfill the remainder of the term. Preference shall be
given to a vending facility manager from the represented
area.
(4)
MEETINGS - The Business Enterprise Consumer Committee shall:
(a) Meet every even calendar month,
beginning in February;
(b) Meet in a special meeting if
needed, as determined by the chairperson and director, or by a
majority of the Business Enterprise Consumer Committee by request to
the chair and director;
(c) Hold all meetings in compliance
with the Oregon Public Meetings Law, ORS
192.610 to ORS
192.710;
(d) Vote as committee members only
when in attendance at the meeting. Proxy or absentee voting is not
allowed.
(5)
BY-LAWS - The Business Enterprise Consumer Committee shall adopt
by-laws as approved by a majority vote of all vending facility
managers and licensees to determine policies and procedures for the
governance of the Business Enterprise Consumer Committee.
(6) ACTIVE PARTICIPATION - The
Commission for the Blind shall ensure the active participation of the
Commission's Business Enterprise Consumer Committee in the
Commission's major administrative, policy and program development
decisions that impact the overall administration of the Commission's
Business Enterprise Program.
(a)
Active Participation includes, but is not limited to:
(A) Setting out the method of
determining the set aside charges to be levied against the net
proceeds of the vending facility managers;
(B) Development of Business
Enterprise Program rules, policies, and standards;
(C) Development of Business
Enterprise Program budget requests;
(D) Development of criteria for the
establishment of new vending facilities;
(E) Development of selection
criteria for Business Enterprise staff recruitment;
(F) Development of training and
retraining programs for vending facility managers and
licensees;
(G)
Development and administration of a system for the transfer and
promotion of vending facility managers and licensees;
(H) Sponsoring and planning, with
the assistance of the Commission, meetings and post licensure
trainings for vending facility managers and licensees.
(b) As part of Active
Participation, the Commission shall provide any program relevant
information to the BECC when a particular matter is subject to Active
Participation. This may include written or verbal program relevant
information. It shall be provided, to the extent possible, in advance
of any BECC meeting where the subject is on the agenda.
(c) On a quarterly basis, the
Commission will provide to the BECC a financial report in sufficient
detail, for the BECC to review. This report shall include listing of
all revenues by source (Set Aside, Vending Income Federal, Vending
Income State and Other, and Other) as well as expenditure by
categories. Upon request, more detail shall be provided to the BECC.
The Commission shall provide the BECC with a copy of the RSA-15
Report no later than January 15 for the prior federal fiscal year
ending September 30th.
(d) If there is a matter or matters
about which the Commission seeks the active participation of the
BECC, notice of the request shall be provided to the members of the
BECC at least ten (10) working days prior to any meeting where a vote
may need to be taken. At the same time, the Commission shall provide
any necessary background and reasons for the action, including any
recommendations.
(e) When
the Business Enterprise Consumer Committee submits officially
approved requests and recommendations to the Director in writing, the
Director shall provide a written response, including the reasons for
the decision reached or the action taken, within 30 days of receipt
of the request. The response shall explain why the decision is in the
best interest of the Business Enterprise Program.
(f) The Commission bears final
authority and responsibility for the administration and operation of
the vending facilities program.
(7) GRIEVANCES - If the licensee or
vending facility manager chooses to submit a written grievance to the
Business Enterprise Consumer Committee, the Business Enterprise
Consumer Committee shall transmit it to the Commission. The Business
Enterprise Consumer Committee, at the request of the vending facility
manager shall serve as advocates for the licensee or vending facility
manager.