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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-2. BLIND VENDORS PROGRAM |
Section 29-299. DEFINITIONS
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299.1When used in this chapter, the following terms and phrases shall have the meanings ascribed:
Act – The Randolph-Sheppard Act, as amended (Pub. L. 74-732; 20 U.S.C. §§ 107-107f).
Administration – the District of Columbia Department on Disability Services, Rehabilitation Services Administration (DDS/RSA). The Rehabilitation Services Administration has been designated as the State Licensing Agency (SLA) for the District of Columbia, responsible for administering the Randolph-Sheppard Vending Facilities Program (RSVFP).
Auxiliary aids and services includes—
(1) Qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments;
(3) Acquisition or modification of equipment or devices; and
(4) Other similar services and actions.
Blind licensee - a blind person licensed by the licensing agency to operate a vending facility on federal or other property.
Blind person - a person who after examination by a physician skilled in diseases of the eye or by an optometrist, whichever that person selects, has been determined to have either of the following conditions:
(a)Not more than 20/200 central visual acuity in the better eye with correcting lenses; or
(b)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 twenty degrees (20°).
Call Down – the process for making vacant vending facilities officially available to RSVFP vendors.
Department – the District of Columbia Department on Disability Services (DDS).
Director – the Director of the District of Columbia Department on Disability Services or the Director’s designee.
Division of Services for the Blind - a division within the Department on Disability Services, Rehabilitation Services Administration, which provides vocational rehabilitation and entrepreneurial services to blind and sight-impaired individuals.
Due Process Remedies – the collective name for the rights/procedures outlined in Chapter 2 of this title.
Informal administrative review meeting is an optional first step informal nonbinding, non-adversarial process that the Department on Disability Services/Rehabilitation Services Administration offers to individuals to resolve disputes about a licensing agency action arising from the operation or administration of the RSVFP. The vendor or RSVFP trainee meets with the Chief of DSB to attempt resolution through interviews, negotiation, and document review.
License - a written instruction issued by the licensing agency to a blind person, authorizing that person to operate a vending facility on federal or other property.
Licensing Agency - the agency designated by the Mayor under this part to issue licenses to blind persons for the operation of vending facilities on federal and other property.
Management services - 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 operated by blind vendors. It does not include those services or costs which pertain to the on-going operation of an individual facility after the initial establishment period.
Net proceeds - the amount remaining from the sale of articles or services of vending facilities, and any vending machine or other income accruing to blind vendors after deducting the cost of the sale and other expenses (excluding set-aside charges required to be paid by blind vendors).
Nominee - a nonprofit agency or organization designated by the licensing agency through a written agreement to act as its agent in the provision of services to blind licensees under the RSVFP.
Nominee agreement or servicing agreement - a written agreement that the licensing agency may enter into by which another agency or organization undertakes to furnish services to blind vendors, containing provisions that:
(a)Clearly ensure the retention by the licensing agency of full responsibility for the administration and operation of all phases of the Program;
(b)Provide that no set-aside charges will be collected from blind vendors except as specified in the agreement;
(c)Specify that no nominee will be allowed to exercise any function with respect to funds for the purchase of new equipment or for ensuring a fair minimum of return to vendors, except to collect and hold solely for disposition in accordance with the order of the licensing agency any charges authorized for those purposes by the licensing agency;
(d)Specify that only the licensing shall have control with respect to the selection, placement, transfer, financial participation and termination of the vendors, and the preservation, utilization, and disposition of program assets; and
(e)Specify the type and extent of the services to be provided under the agreement.
Party - a person admitted to participate in a hearing conducted pursuant to these rules. A complainant and any affected persons shall be entitled to be named parties. The licensing agency shall be deemed to be a party without the necessity of being so named.
Person - an individual, partnership, association, corporation, business trust, legal representative, or organized group of individuals or an agency, authority, or instrumentality or the Federal or District governments.
Proceeding - any formal action before a hearing examiner.
Randolph-Sheppard Vending Facilities Program (RSVFP) – the program which licenses blind vendors and provides ongoing support services, in accordance with the Randolph-Sheppard Vending Stand Act and 34 C.F.R. § 395.7.
Representative - any person authorized by a party to represent that party in a proceeding. Nothing in these rules shall be understood as requiring that a representative be an attorney.
RSVFP Trainee – an individual who:
(a) Is not a licensed vendor pursuant to the Randolph-Sheppard Vending Stand Act; and
(b) Is receiving vocational rehabilitation services / training pursuant to the Rehabilitation Act of 1973, and 34 C.F.R. § 395.11.
Set-aside funds - funds which accrue to the licensing agency from an assessment against the net proceeds of each vending facility in the District's RSVFP and any income from vending machines on federal property which accrues to the licensing agency.
State Committee of Blind Vendors - a committee established pursuant to Mayor’s Order 77-131, dated August 8, 1977, as amended by Mayor’s Order 78-22, dated January 12, 1978, to advise and consult with the Rehabilitation Services Administration on issues affecting the administration of the Blind Vendors Program.
State Licensing Agency – the State Agency designated by the Secretary, pursuant to 34 C.F.R. §§ 395 et seq., to issue licenses to blind persons for the operation of vending facilities on Federal and other property.
Vending facility - automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and other appropriate auxiliary equipment that may be operated by blind licensees and which 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 or exchange of changes for any lottery authorized by District law and conducted by the licensing agency within the District.
Vending machine - for the purpose of assigning vending machine income under this chapter, a coin or currency operated machine which dispenses articles or services; Provided, that those machines operated by the United States Postal Service for the sale of postage stamps or other postal products and services, machines providing services of a recreational nature, and telephones shall not be considered to be vending machines.
Vendor - a blind licensee who is operating a vending facility on federal or other property.