Administrative Code

Virginia Administrative Code
Title 22. Social Services
Agency 45. Department for the Blind and Vision Impaired
9/23/2020

Chapter 40. Rules and Regulations Governing Vending Facilities in Public Buildings

22VAC45-40-10. General.

This chapter is promulgated by the Department for the Visually Handicapped to clarify and establish the responsibilities of state and local agencies as they relate to blind and visually handicapped persons having first priority in assuming the operations of vending facilities or other business enterprises in public buildings. Under authority granted by § 63.1-155 of the Code of Virginia, this chapter sets forth the process by which the department shall be notified of vending facility sites in public buildings throughout the Commonwealth. In carrying out its responsibility to this chapter, the department will adhere to the administrative and policy procedure as set forth in the Randolph-Sheppard Act (P.L. 74-732, as amended by P.L. 83-565 and P.L. 93-516 (20 USC 107 et. seq.)) with respect to appropriate vendor representative consultation.

1. The department shall have first priority to operate, with qualified blind persons, vending facilities in public buildings. Whenever an existing vending facility in a public building becomes vacant or whenever an opportunity to establish a vending facility arises due to renovation, construction, acquisition or leasing; or expiration of an existing food service contract, the department or agency shall offer to the Department for the Visually Handicapped the opportunity to operate the vending facility with a qualified blind person.

2. The department or agency shall notify the Department for the Visually Handicapped of such vacancy by mail as early as it is practical, but no later than 90 days prior to occupancy. The Department for the Visually Handicapped, in cooperation with the affected agency, shall assess the feasibility of establishing a vending facility or business enterprise and shall notify the department or agency of its decision within 30 days from the date the Department for the Visually Handicapped receives notice of the vacancy.

3. Any public building, as defined in the Code of Virginia, housing 200 or more employees or occupying at least 15,000 square footage of floor space shall be covered by this chapter.

4. Adequate space shall be made available for the vending facility or business enterprise. Space requirements shall be mutually determined by the Department for the Visually Handicapped and the department or agency in which the facility or enterprise is to be operated, but shall be no less than 300 square feet. Any vending machines located on the premises and in direct competition with the vending facility shall be subject to control by the Department for the Visually Handicapped.

5. Complaints of noncompliance with § 63.1-155 of the Code of Virginia or with the department's rules and regulations may be filed by the Department for the Visually Handicapped and should follow the procedures listed below:

a. Complaints shall be submitted in writing to the Secretary of Health and Human Resources and the respective secretary of the Cabinet in which the agency subject to complaint is located.

b. A panel of three to hear the complaint is to be appointed by the Secretary of Health and Human Resources and the respective secretary of the Cabinet in which the agency subject to complaint is located. The panel will consist of the Director of the Department for the Visually Handicapped, the director or commissioner of the subject agency, and a third party chosen by the Secretary of Health and Human Resources and the respective secretary of the Cabinet in which the agency subject to complaint is located.

c. Evidence to be submitted, heard, and considered is to be selected by the panel. After full consideration of the facts, the panel will make a decision which shall be binding upon the interested parties.

Statutory Authority

§§ 51.5-65 and 51.5-89 of the Code of Virginia.

Historical Notes

Derived from VR670-02-3 § 1, eff. December 28, 1979.



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