Administrative Code

Virginia Administrative Code
2/29/2024

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.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.