Administrative Code

Virginia Administrative Code
1/18/2021

Chapter 20. Regulations to Govern the Operation of Vending Facilities in Public Buildings and Other Property

Part I
Introduction

22VAC45-20-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means the Randolph-Sheppard Vending Stand Act (P.L. 74‑732), as amended by P.L. 83‑565 and P.L. 93‑516, 20 USC, Chapter 6A, § 107.

"Blind licensee" means a blind person licensed by the state licensing agency to operate a vending stand or vending facility on public or other property.

"Blind person" means a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever such person shall select, has been determined to have (i) not more than 20/200 central visual acuity in the better eye with correcting lenses, or (ii) an equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees pursuant to 34 CFR 395.1(c).

"Custodian" means any person or group of persons having the authority to grant permission for the installation and operation of vending facilities and vending stands.

"Department" or "DBVI" means the Department for the Blind and Vision Impaired.

"Direct competition" means the presence of an operation of a vending machine or a vending facility on the same premises as a vending facility operated by a blind vendor. (Vending machines or vending facilities operated in areas where the majority of employees do not have direct access to the vending facility operated by a blind vendor, shall not be considered to be in direct competition with the vending facility operated by a blind vendor.)

"License" means a written instrument issued by the state licensing agency to a blind person, authorizing such person to operate a vending facility or vending stand.

"Management services" means supervision, inspection, quality control, consultation, accounting, regulating, in-service training, and other related services provided on a systematic basis to support and improve vending facilities and vending stands operated by blind vendors. "Management services" does not include those services or costs which pertain to the ongoing operating of an individual facility after the establishment period.

"Net proceeds" means the amount remaining from the sale of articles or services of vending facilities, vending stands, or other income accruing to blind vendors after deducting the cost of such sale and other expenses.

"Nominee" means a nonprofit agency or organization designated by a state licensing agency through a contractual arrangement to act as its agent in the provision of services to blind licensees.

"Permit" means the official approval given to a state licensing agency by a department, agency, or instrumentality in control of maintenance operation and protection of federal property, or person in control of public and private buildings and other properties, whereby the state licensing agency is authorized to establish a vending facility or vending stand.

"Program" means all the activities of the state licensing agency under this chapter related to public and private buildings and other properties throughout the Commonwealth.

"Public and private buildings and other properties throughout the Commonwealth" means buildings, land, or other property owned by or leased to the Commonwealth or a political subdivision, including a municipality, or a corporation or individual.

"Set aside funds" means funds which accrue to a state licensing agency from an assessment against the net proceeds of each vending facility or vending stand in the state's vending facility program and any income from vending machines on public and private buildings and other properties which accrue to the state licensing agency.

"State vocational rehabilitation agency" means the state agency designated by the Secretary of Education to issue licenses to blind persons for the operation of vending facilities and vending stands on public and private buildings and other properties throughout the Commonwealth.

"Vending facility" means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment that may be operated by blind licensees and that is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending for any lottery authorized by state law and conducted by an agency of a state within such state.

"Vending stand" means an installation in any public or private building for the sale of newspapers, periodicals, confections, tobacco products, soft drinks, ice cream, wrapped foods, and other such articles as may be approved by the custodian and the department.

"Vending machine" means a coin or currency operated machine that dispenses articles or services, except that those machines operated by the United States Postal Service for the sale of stamps or other postal products and services, machines providing services of a recreational nature, and telephones shall not be considered to be vending machines.

"Vending machine income" means receipts from public, private, and other property after deducting applicable costs where (i) the machines are operated by the property custodian, (ii) commissions are received by the property custodian, and (iii) an activity receives income from a commercial vending firm that provides vending machines on the property with the approval of the property custodian.

"Vendor" means a blind licensee who is operating a vending facility or vending stand on federal property, in a public or private building, or on other property throughout the Commonwealth.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 1.1, eff. March 28, 1990; amended, Volume 35, Issue 23, eff. August 23, 2019.

Part II
Eligibility

22VAC45-20-20. Issuance of licenses.

The department shall issue a license to operate a vending facility to persons who are in need of employment and who meet the following criteria:

1. A blind person who is at least 18 years of age and a citizen of the United States.

2. The individual successfully completes the prescribed training and satisfactorily completes all probationary periods.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 2.1, eff. March 28, 1990.

22VAC45-20-30. Termination of licenses.

A. Licenses issued to blind persons to operate vending facilities shall be issued for an indefinite period but shall be subject to suspension or termination if, after affording the vendor an opportunity for a full evidentiary hearing, the department finds that the vending facility is not being operated in accordance with its regulations, the terms and conditions of the permit, or the terms and conditions of the written agreement with the vendor.

B. Additionally, the license of an individual vendor for the operation of a vending facility on federal or other property may be suspended or terminated for any of the following reasons:

1. Improvement of vision so that the vendor no longer meets the definition of blind person;

2. Extended illness with medically documented diagnosis of prolonged incapacity of the vendor to operate the vending facility in a manner consistent with the needs of the location or other available locations in the vending facility program; or

3. Withdrawal of the vendor from the program upon his written notification to the department.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 2.2, eff. March 28, 1990.

Part III
Operations

22VAC45-20-40. Vending facility equipment and initial stock.

The department is responsible for furnishing each vending facility with adequate, suitable equipment and initial stocks of merchandise necessary for the establishment and operation of such facility.

The right, title to, and interest in the equipment of each vending facility (exclusive of automatic coin-operated machines, except for those facilities that are totally coin operated) used in the program and the stock of merchandise shall be vested in the department; provided that title, at the discretion of the department, may be vested in an agency or organization designated by the department under terms of a written agreement as its nominee, to hold such title for program purposes only, subject to the paramount right of the department to direct and control the use, transfer, and disposition of such vending facility equipment and stock of merchandise.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 3.1, eff. March 28, 1990.

22VAC45-20-50. Maintenance and replacement of equipment.

The department shall maintain all vending facility equipment in good repair and in attractive condition, and shall replace worn out or obsolete equipment as required to ensure the continued successful operation of the vending facility.

The department shall cause the repair or replacement of vending facility equipment upon the recommendation of the vendor and the business counselor and the approval of the program manager. When equipment is no longer functional and has been fully depreciated, the equipment shall be placed in the surplus process through the Department of General Services in accordance with state regulations.

Each vendor shall take reasonable care of the equipment in his facility and shall carry out routine, day-to-day maintenance procedures prescribed for such equipment.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 3.2, eff. March 28, 1990.

22VAC45-20-60. Operating agreement between the department and blind vendor.

The department shall cause to be signed an agreement between the department and each blind vendor which shall be developed with the active participation of the vending facility vendors council covering the basic terms and conditions including, but not restricted to, the following:

1. The duties of the vendor and the performance of such duties in accordance with standards prescribed by the department. Such standards shall be developed with the active participation of the vending facility vendors council. Such standards shall conform to applicable health laws and regulations, and the terms of the permit granted by, or the contract entered into with, the federal or other agency or organization in control of the site of the vending facility.

2. The responsibilities of the department to provide management services to the vendor including assistance and supervision, and the ways in which such responsibilities will be carried out.

3. A statement that the vendor shall receive the net proceeds from the vending facility which he operates.

4. The responsibility of the vendor to furnish such reports as the department may require.

5. The right of the vendor to terminate the operating agreement at any time.

6. The termination of the operating agreement upon termination of the permit or contract.

7. The termination or revocation of the operating agreement upon failure of the vendor to operate the vending facility or vending stand in accordance with the operating agreement or applicable federal, state, or local laws or regulations.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 3.3, eff. March 28, 1990.

22VAC45-20-70. Transfer and promotion of vendors.

A. The department shall use as a basis for vendor upward mobility or transfer, the following criteria:

1. Sanitation inspections;

2. Business counselor evaluation for upward mobility;

3. Tenure in program;

4. Gross profit percentage;

5. Vendor attitude toward the program;

6. Appearance;

7. Attendance (Daily);

8. Building host-employee relations; and

9. Customer relations.

B. Each category shall be evaluated independently of the other with no single category outweighing the other. The total score of each vendor shall be the sum of scores in each category.

C. Vendors who apply for upward mobility or transfer and who are denied their request shall be entitled to review the evaluation. The state licensing agency shall show cause for the nonaward.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 3.4, eff. March 28, 1990.

22VAC45-20-80. Training of blind vendors.

A. The department, with the active participation of the vending facility vendors council, shall ensure that effective programs of vocational and other training services, including personal and vocational adjustment, books, tools, and other training materials, shall be provided to eligible blind individuals as vocational rehabilitation services under the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1974.

B. These programs shall include classroom as well as on-the-job training in all aspects of vending facility operation for blind persons with the capacity to operate a vending facility, and upward mobility training (including further education and additional training or retraining for improved work opportunities) for all blind licensees. The department shall ensure that post-employment services shall be provided to blind vendors in vocational rehabilitation services as necessary to assure that the optimum vocational potential of such vendors is achieved and suitable employment is maintained within the vending facility program.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 3.5, eff. March 28, 1990.

22VAC45-20-90. Election, organization and function of the vending facility vendors council.

A. The function of the vending facility vendors council shall be:

1. To participate with the state licensing agency in major administrative actions and program development;

2. To receive grievances of blind vendors and serve as advocates for such vendors;

3. To participate with the state licensing agency in the development and administration of a transfer and promotion service for blind vendors;

4. To participate with the state licensing agency in developing a training and retraining program;

5. Sponsorship with the state licensing agency in meeting and instructional conferences for blind vendors; and

6. Such other functions as may be of interest to blind vendors.

B. The state licensing agency has the ultimate responsibility for the administration of the state vending facility program. When the agency position is opposed to that of the vending facility vendors council, the agency will notify the council in writing of the decision reached or the action taken and the reasons for them.

C. Council membership. The vending facility vendors council shall consist of nine vendors. Two from the Richmond district; two from the Norfolk district; two from the Roanoke district; and three from the Northern Virginia district.

D. Elections.

1. All elections shall be conducted by the state licensing agency or its nominee in the district to be represented. The election shall be opened to all vendors in the district. A simple majority shall elect.

2. The members of the council shall elect the chairman by simple majority to serve for a one-year term. The chairman shall be elected after the elections of council members, but before October 1.

E. Terms of office. All terms of office shall be two years. Councilmen shall be eligible for reelection. The terms of office shall start October 1 of the year elected.

F. Meetings of council. The vending facility vendors council shall meet at least biannually. When the vending facility vendors council meets to conduct business, there shall be a quorum of not less than four members present. Subcommittees will be appointed by the council to carry on the business between regular council meetings.

G. Removal of a councilman and vacancies. Any councilman found abusing, misusing, or neglecting his office may be required to show cause at a meeting of the vendors in his district why he should not be removed from office. Removal shall require a 2/3 majority vote by the vendors council membership. Vacancies on council will be filled by a special election held by DVH or its nominee in the district concerned.

H. Financial data and reports.

1. The DVH shall provide relevant financial data concerning the vending facility program to each of the nine councilmen.

2. To the extent permissible under applicable federal or state laws pertaining to the disclosure of confidential information, the department shall provide quarterly and annual financial reports and program data to the vending facility vendors council. Such data shall be made available by medium of choice to each blind vendor, upon request; and when requested, the department will arrange a convenient time to assist in the interpretation of such data.

I. Amendments to council guidelines and reference. Any changes in these guidelines are to be presented in the following manner:

1. If a vendor or the state licensing agency wishes formal changes in the guidelines, such proposed changes shall be prepared in writing at least 30 days prior to the annual vendors meeting. Copies should be distributed to each vendor, the commissioner of DVH and the program manager.

2. The proposed change will be incorporated into the business meeting of the annual vendors meeting. Discussion will occur on the merit of the proposed change and the change will be approved or rejected by a simple majority of the blind vendors at the annual vendor's meeting.

3. Reference. The vending facility vendors council may be referred to as the V.F.V. Council.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 3.6, eff. March 28, 1990.

22VAC45-20-100. Standards of operation in management of a vending facility.

A. The following standards shall constitute the department's minimum policy requirements for the operation and supervision of the vending facility program.

1. Operations manual. An operations manual shall be maintained in each facility. The blind licensee shall operate the facility so as to comply with the requirements as specified in the operations guidelines.

2. Vacations. Since the blind licensee receives the net proceeds from the facility, any vacation taken by the blind licensee will be at his own expense and the salary paid the substitute manager will be deducted from the proceeds. Requests for vacations shall be filed in writing with the nominee on or before March 1 of the calendar year in which the vacation is to be taken. Both the time for requesting vacation and the selection of the substitute manager shall be subject to prior approval by the department.

3. Sick leave. In the event of illness, the nominee will supply a substitute manager whose salary will be deducted from the proceeds of the facility. In instances of incapacity or prolonged illness the blind licensee may be replaced at the discretion of the department. Incapacity or prolonged illness is defined as one lasting six months or longer. An accumulation of absences due to illness and incapacity will be considered within the calendar year. In such cases, management, with input from the vendors council, will determine the final outcome to the blind licensee. Blind licensees in facilities producing fair minimum or less shall have expenses for sick leave subtracted from fair minimum.

4. Permits and contracts. All official permits and contracts with building management for vending facilities shall be made by an official representative of the department. Such permits and contracts are the property of the department. Any inquiries concerning permits or contracts made by building management shall be referred to the department.

5. Building host relationship. The blind licensee and assistant deputy commissioner for business facilities or his designee shall meet periodically with building management. The agenda will include at a minimum a review of the permit or contract.

6. Customer relationship. Use of alcoholic beverages and illegal drugs within the facility shall be prohibited. Smoking is prohibited in food preparation and serving area. A blind licensee shall always be pleasant and alert to serving the customer's needs. The blind licensee shall be responsible for all financial transactions conducted by the facility.

7. Sanitation. The blind licensee shall adhere to sanitation regulations set forth by building management, the Virginia Department of Health, and any other applicable regulations.

8. Personal hygiene. It is expected that all personnel working in the vending facility shall present a clean and neat appearance. Good grooming techniques shall be followed.

9. Advertisement. No advertisement or material shall be displayed other than that supplied or approved by the department or its nominee.

10. General maintenance. The blind licensee shall exercise reasonable judgment in the performance of maintenance of equipment in the facility. Damage resulting from gross neglect may result in financial charges to the blind licensee.

B. The department shall furnish to each blind licensee copies of documents relevant to the operation of the vending facility including the applicable regulations, a written description of the arrangements for providing services, and the agreement and permit covering the operation of the vending facility. The documents shall be read to the blind licensee and his receipt taken that they have been explained to his satisfaction.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 3.7, eff. March 28, 1990.

Part IV
Fiscal: Income and Distribution of Funds

22VAC45-20-110. Setting aside of funds.

A. Funds will be set aside from the net proceeds of the operations of the vending facilities under the program and from retained vending machine income according to the formula submitted to and approved by the U.S. Commissioner of Rehabilitation Services Administration and the U.S. Secretary of Education in an amount determined to be reasonable.

B. These charges shall be assessed quarterly. Statements shall be prepared and rendered, along with settlement, to each blind vendor at least quarterly.

C. Moneys collected from the setting aside of funds shall be used solely for the following purposes:

1. Maintenance and replacement of equipment;

2. Purchase of new equipment;

3. Management services;

4. Assuring a fair minimum return to vendors; and

5. The establishment and maintenance of retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is so determined by a majority vote of blind vendors licensed by the state licensing agency, after such agency provides to each vendor information on all matters relevant to such proposed purposes.

D. The charge for each of the listed purposes will be determined by the department on the basis of records or expenditures made for each of these purposes over a reasonable period of time, with allowances for reasonable charges for improving services, fluctuation in costs, and for program expansion. The charges shall be reviewed and approved by the commissioner of the department with the assistance of the operations management team. Charges will be reevaluated periodically and necessary adjustments made. Adequate records will be maintained by the department to support the reasonableness of the charge for each of the purposes listed, including any reserves necessary to assure that such purposes can be achieved on a consistent basis.

E. The policy on setting aside of funds shall be reviewed annually with the active participation of the vending facility vendors council.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 4.1, eff. March 28, 1990; amended, Volume 35, Issue 23, eff. August 23, 2019.

22VAC45-20-120. Distribution and use of income from vending machines.

A. Income from vending machines (with the exception of revenues derived from the state highway vending program), shall accrue to each vendor operating a vending facility on such property. The amount shall not exceed the average net income of the total number of blind vendors within the Commonwealth as determined each fiscal year on the basis of each prior year's operation, except that vending machine income shall not accrue to any blind vendor in any amount exceeding the average net income of the total number of blind vendors in the United States.

B. No blind vendor shall receive less vending machine income than that vendor was receiving during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under this ceiling.

C. No limitation shall be imposed on income from vending machines combined to create a vending facility when such facility is maintained, serviced, or operated by a blind vendor.

D. The department will disburse vending machine income to eligible blind vendors on at least a quarterly basis.

E. The department shall retain vending machine income that is in excess of the amount eligible to accrue to a blind vendor in a facility. Funds received from these facilities will be used for:

1. The establishment and maintenance of retirement or pension plan;

2. Contributions toward a health insurance program; and

3. The provision of paid sick leave and vacation time for blind licensees.

The purposes stated must be approved by a majority vote of the licensed vendors after each licensee has been furnished information relevant to such purpose.

F. Any vending machine income not necessary for such purposes shall be used for one or more of the following:

1. Maintenance and replacement of equipment;

2. Purchase of new equipment;

3. Management services; and

4. Assuring a fair minimum return to vendors.

G. Any assessment charged to blind vendors shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 4.2, eff. March 28, 1990; amended, Volume 35, Issue 23, eff. August 23, 2019.

22VAC45-20-130. Administrative review of income and distribution of funds.

A. The department shall receive on an annual basis a budget prepared by the nominee which sets forth the anticipated revenue and the designated uses thereof.

B. The budget shall be developed with the active participation of the vending facility vendors council.

C. Quarterly updates to the revenue projections and revisions to the proposed budget will be submitted by the nominee to the commissioner of the department.

D. An annual budget summary will be submitted to the commissioner of the department at the end of the budget cycle.

E. The commissioner of the department shall determine the time of submission for such documents.

F. The proposed budget of the nominee shall be submitted by the commissioner to the board of the department for review and comment.

G. The nominee shall submit to the commissioner and to the board of the department an annual financial audit. The audit is to be performed by an independent firm of certified public accountants to be secured in accordance with the Virginia Procurement Act, §§ 11-35 through 11-80 of the Code of Virginia.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 4.3, eff. March 28, 1990.

Part V
Vendor's Rights and Appeals

22VAC45-20-140. Administrative review of blind vendor grievance.

The administrative review provides a blind vendor or his representative an opportunity to express and seek remedy for his dissatisfactions with any agency action arising from the operation or administration of the vending facility program. The administrative review procedures shall be as follows:

A. A blind vendor or his designee (who may be a member of the vending facility vendors council) may request in writing, within 15 working days of the occurrence of the action, administrative review of an agency action relating to the operation or administration of the vending facility program with which the blind vendor is aggrieved. The administrative review will be conducted by a member or members of the administrative staff of the department or its nominee who has not participated in the agency action in question.

B. The administrative review shall be held at a time and place convenient to the blind vendor requesting such review. The administrative review should be held during regular agency working hours at a district or local office location.

C. An administrative review shall be conducted within 15 working days of receipt by the department of such a written request.

D. Transportation, reader, or other communication services, if needed, shall be arranged for the blind vendor by the department.

E. Documentation as to written requests for administrative review, actions, and decisions resulting from them shall be maintained as part of the official record of the administrative review process.

F. When an administrative review does not resolve a dispute to the satisfaction of a blind vendor, such blind vendor may request of the department a full evidentiary hearing.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 5.1, eff. March 28, 1990.

22VAC45-20-150. Procedures for a full evidentiary hearing.

A. When a blind vendor is dissatisfied with any agency action arising from the operation or administration of the vending facility program, such blind vendor may file a complaint with the department requesting a full evidentiary hearing.

B. Blind vendors shall be informed in writing of their rights and the procedures in obtaining a full evidentiary hearing at the time they are licensed. The procedures for obtaining a full evidentiary hearing are:

1. If a blind vendor requests a full evidentiary hearing, such request shall be made in writing either within 15 working days after an adverse decision based on an administrative review or, in absence of an administrative review, within 15 working days of the occurrence of the action with which the blind vendor is dissatisfied. The request shall be transmitted to the commissioner of the department personally or by certified mail, return receipt requested. The request may be transmitted through the vending facility vendors council. Such a request shall indicate consent by the blind vendor for release of such information as is necessary for the conduct of a full evidentiary hearing or an ad hoc arbitration panel.

2. A blind vendor is entitled to legal counsel or other representatives in a full evidentiary hearing. A blind vendor may wish to obtain his own counsel at his own expense or may wish to avail himself of any legal services available through public agencies, such as the Department for Rights of the Disabled or other community resources.

3. Reader services or other communication services shall be arranged for the blind vendor should he request it. Transportation costs and per diem shall be provided also to the blind vendor during the pendency of the evidentiary hearing if the location of the hearing is in a city other than the legal residence of the blind vendor.

4. The hearing shall be held at a time and place convenient and accessible to the blind vendor requesting a full evidentiary hearing. The hearing shall be scheduled by the department within 15 working days of its receipt of such a request, unless the department and the blind vendor mutually agree, in writing, to some other period of time. The blind vendor shall be notified in writing of the time and place fixed for the hearing and of his right to be represented by legal or other counsel. The blind vendor shall be provided a copy of the hearing procedures and other relevant information necessary to enable him to prepare his case for the hearing.

5. The presiding officer at the hearing shall be an impartial and qualified official who has no involvement either with the department action which is at issue in the hearing or with the administration or operation of the Randolph-Sheppard vending facility program. The presiding officer may be a staff member or official of another state agency or a state agency hearing officer.

6. The presiding officer shall conduct a full evidentiary hearing, avoid delays, maintain order and make sufficient record of the proceedings for a full and true disclosure of the facts and issues. To accomplish these ends, the presiding officer shall have all powers authorized by law and may make all procedural and evidentiary rulings necessary for the conduct of the hearing. The hearing shall be open to the public unless the presiding officer determines otherwise for good cause shown.

7. The blind vendor and the department are entitled to present their case by oral or documentary evidence, to submit rebuttal evidence and to conduct such examination and cross-examination of witnesses as may be required for a full and true disclosure of all facts bearing on the issues.

8. All papers and documents introduced into evidence at the hearing shall be filed with the presiding officer and provided to the other party. All such documents and other evidence submitted shall be open to examination by the parties and opportunities shall be given to refute facts and arguments advanced on either side of the issues.

9. A transcript shall be made of the oral evidence and shall be made available to the parties. The department shall pay all transcript costs and shall provide the blind vendor with at least one copy of the transcript.

10. The transcript of testimony, exhibits, and all papers and documents filed in the hearing shall constitute the exclusive record for decision.

11. The decision of the presiding officer shall set forth the principal issues and relevant facts adduced at the hearing, and the applicable provisions in law, regulation, and agency policy. It shall contain findings of fact and conclusions with respect to each of the issues, and the reasons and basis for them. The decision shall also set forth any remedial action necessary to resolve the issues in dispute. The decision shall be made within 15 working days after the receipt of the official transcript. The decision shall be mailed promptly to the blind vendor and the department.

12. If a blind vendor is dissatisfied with the decision rendered after a full evidentiary hearing, he may request that an ad hoc arbitration panel be convened by filing a complaint with the Secretary of the U.S. Department of Education. Such complaint shall be accompanied by all supporting documents, including a statement of the decision rendered and the reasons in support of them.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.

Historical Notes

Derived from VR670-02-1 § 5.2, eff. March 28, 1990.

FORMS (22VAC45-20).

Licensing Agreement.

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