4904046 Disability Services, Department on - Notice of Emergency and Proposed Rulemaking - Blind Vendors Program
-
DEPARTMENT ON DISABILITY SERVICES
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department on Disability Services (DDS), pursuant to the authority set forth in Section 109 of the Department on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.09 (2012 Repl.)), and Mayor’s Order 2007-68, dated March 20, 2007, hereby gives notice of the adoption, on an emergency basis, of the following amendments to Chapter 2 (Blind Vendors Program) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR).
These emergency and proposed rules apply solely to the District of Columbia’s Randolph-Sheppard Vending Facilities Program (DC-RSVFP), which is administered by the Department on Disability Services, Rehabilitation Services Administration (DDS/RSA).
These emergency and proposed rules are necessary for the following reasons: (1) to clarify program eligibility requirements; (2) to clarify due process procedures, which are outdated because administrative hearings are now conducted by the Office of Administrative Hearings, not by Hearing Examiners hired by DDS/RSA; (3) to clarify that due process procedures apply to program participants only, and to refer program applicants and trainees to 29 DCMR § 1 et seq., Rehabilitation Services Administration regulations, which governs appeal rights for these individuals; (4) to amend provisions regarding circumstances under which the state licensing agency, DDS/RSA, is required and permitted to terminate participants from the program; (5) to clarify the language in the regulations so that references to the state licensing agency are consistent, as the current regulations refer to “the agency” and “the department” interchangeably; (6) to clarify that administrative support for the program may be provided by either a nominee organization or the state licensing agency; and (7) to eliminate existing requirements regarding set asides, promotions, and transfers, and to provide that policies regarding these requirements shall be established by the state licensing agency with the active participation of the Blind Vendors Committee.
Emergency action is necessary for the immediate preservation of the welfare of DC-RSVFP program participants because the current regulations are not consistent with the current practices, policies, and procedures of the DC-RSVFP, and are not consistent with the corresponding federal rules. The emergency rulemaking was adopted and became effective on May 13, 2014. The emergency rules will remain in effect for 120 days from the effective date or until September 10, 2014, unless superseded by publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Director also gives notice of the intent to take final rulemaking action to adopt these proposed rules not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Chapter 2, BLIND VENDORS PROGRAM, of Title 29, PUBLIC WELFARE, of the DCMR, is amended as follows:
200 ISSUANCE OF LICENSES
Subsection 200.1 is amended by adding Paragraphs (c), (d), and (e), and to read as follows:
200.1 Licenses to operate vending facilities within the Blind Vendors Program (also referred to in this chapter as the “Program” or the Randolph-Sheppard Vending Facilities Program (“RSVFP”)) shall be issued only to blind persons who meet the following criteria:
(a) Reside in the District at the time of licensing;
(b) Are United States citizens;
(c) Meet the definition of a blind person in accordance with Section 299 of this Chapter;
(d) Successfully complete the Program’s training requirements pursuant to Section 210 of this Chapter; and
(e) Obtain a local DC metropolitan police and Federal Bureau of Investigations clearance.
201 TERMINATION OF LICENSES
Subsection 201.1 is amended to read as follows:
201.1 Licenses shall be issued for an indefinite period, but shall be subject to suspension or termination in the following circumstances:
(a) Improvement of vision so that the vendor no longer meets the definition of blindness set forth in § 299; or
(b) After affording the vendor an opportunity for a full evidentiary hearing, the licensing agency finds that the vending facility is not being operated in accordance with its rules or regulations, the terms and conditions of the permit, or the terms and conditions of the written agreement with the vendor.
Subsection 201.2 is amended by deleting Paragraph (a), adding Paragraph (c), and renumbering Paragraphs (b) and (c) as Paragraphs (a) and (b), and to read as follows:
201.2 Any license granted to an individual for the operation of a vending facility may be suspended or terminated for any of the following reasons:
(a) 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 location or other available locations in the Program;
(b) Withdrawal of the vendor from the Program upon his or her written notification to the licensing agency; or
(c) Failure to obtain or loss of U.S. Department of Homeland Security clearance.
202 VENDING FACILITY EQUIPMENT AND INITIAL STOCK
Subsection 202.2 is amended to read as follows:
202.2 The right and title to, and interest in, the equipment and the stock of each vending facility shall be vested in the state licensing agency, or in the nominee for Program purposes, and shall be subject to the paramount right of the licensing agency to direct and control the use, transfer, and disposition of the vending facilities or stock.
203 SETTING ASIDE OF FUNDS
Subsection 203.2 is amended to read as follows:
203.2 The licensing agency may enter into a servicing agreement with a nominee organization for overall managerial services.
Subsection 203.3 is amended to read as follows:
203.3 If the licensing agency enters into a servicing agreement with a nominee organization, the budget for the nominee organization shall be funded completely by funds set aside from the net proceeds from the operation of vending facilities.
Subsection 203.5 is amended to read as follows:
203.5 The licensing agency shall establish in writing the extent to which funds are to be set aside from the net proceeds of the operation of vending facilities and from vending income under 34 C.F.R. § 395.8(c), in an amount determined by the Secretary of Education to be reasonable.
Subsection 203.6 is amended by adding Paragraph (e), and to read as follows:
203.6 Set-aside funds shall be spent only for the following purposes:
(a) Maintenance and replacement of equipment;
(b) Purchase of new equipment;
(c) Management services; and
(d) Guarantee of a fair minimum return.
(e) 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 licensing agency, after such agency provides to each such vendor information on all matters relevant to such proposed purposes.
Subsection 203.7 is amended to read as follows:
203.7 The licensing agency shall set out the method of determining the charge for each of the purposes listed in subsection 203.6 of this section, which will be determined with the active participation of the Blind Vendors Committee and which will be designed to prevent, so far as is practicable, a greater charge for any purpose than is reasonably required for that purpose. The licensing agency shall maintain adequate records to support the reasonableness of the charges for each of the purposes listed in this section, including any reserves necessary to assure that such purposes can be achieved on a consistent basis.
Subsection 203.8 is repealed.
203.8 [Repealed]
Subsection 203.10 is repealed.
203.10 [Repealed]
204 INCOME FROM VENDING FACILITIES ON FEDERAL PROPERTY
Subsection 204.1 is amended to read as follows:
204.1 Income from vending machines on federal property which has been disbursed to the licensing agency by a property managing department, agency, or instrumentality of the United States under the vending facility provisions in 34 C.F.R. § 395.8 shall accrue to each blind vendor operating a vending facility on that federal property in an amount not to exceed the average net income of the total number of blind vendors within the District, as determined each fiscal year on the basis of each prior year’s operation, except as provided in § 204.2.
Subsection 204.6 is amended to read as follows:
204.6 The Licensing Agency shall promptly disburse vending machine income to blind vendors upon receipt, on at least a quarterly basis.
Subsection 204.7 is amended to read as follows:
204.7 Unassigned vending machine income retained by the licensing agency shall be used for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind vendors, if it is so determined by a majority vote of licensed vendors, after each has been furnished information on all matters relevant to these purposes.
207 PROMOTION AND TRANSFER OF VENDORS
Subsection 207.1 is amended to read as follows:
207.1 The licensing agency, with the active participation of the Blind Vendors Committee, shall establish a promotion and transfer system for vendors that shall be uniformly applied to all vacancies which develop or occur in the Program, or are created when satellite facilities are called down for new vendors admitted to the Program.
Subsection 207.2 is amended to read as follows:
207.2 Eligibility for promotion and transfer or placement of new vendors within the Program shall be governed by a point system which determines the ranking of all licensed vendors.
Subsection 207.3 is amended to read as follows:
207.3 For promotion and transfer, rating points shall be awarded on the basis of seniority and performance. For placement of new vendors, rating points shall be awarded on the basis of scores in training and performance during on-the-job training.
Subsection 207.4 is amended to read as follows:
207.4 When a vending facility vacancy occurs, all vendors shall be notified of the availability of the facility and offered the opportunity to transfer. Decisions regarding transfer shall be made based on the semi-annual ratings list developed by this Committee. When satellite facilities are called down for placement of new vendors, only newly assigned vendors will be eligible for placement in the facilities.
Subsection 207.6 is amended to read as follows:
207.6 Vendors may be denied the opportunity to transfer, on a temporary basis, if the vendor has been placed on a corrective action plan due to performance problems in managing the facility. The right to transfer shall be reinstated when the vendor successfully completes the corrective action plan.
Subsection 207.9 is amended to read as follows:
207.9 If a former licensee returns to the Program within two years of resignation from the Program, the seniority points earned during the prior tenure shall be reinstated, unless the Promotion and Transfer Committee referenced in § 208 votes unanimously to deny the reinstatement.
Subsection 207.10 is amended to read as follows:
207.10 The licensing agency, with the active participation of the Committee of Blind Vendors, shall establish the system for awarding seniority points. This system shall allocate the number of points awarded per year of service and the maximum number of points a vendor may receive. It shall also address whether and how seniority points are awarded to vendors who return to the program after two years, and whether and how seniority points are awarded to out of state transfers wishing to enter the DC program.
Subsections 207.11 -207.13 are amended to read as follows:
207.11 The licensing agency, with the active participation of the Committee of Blind Vendors, shall develop a system for semi-annual evaluation of performance. This performance system shall, at minimum, evaluate all vendors on their performance in the following areas:
(a)
Supervision of personnel;
(b)
Knowledge of business;
(c)
Ability to serve;
(d)
Care and utilization of equipment;
(e)
Recordkeeping;
(f)
Sanitation;
(g)
Customer relations; and
(h)
Adherence to rules and regulations.
207.12 Performance ratings shall be judged on the manner in which vendors apply themselves to the various phases of vending facility operation and the degree to which they meet the requirements and standards of the Program.
207.13 Performance shall be determined by a semi-annual evaluation of all vendors conducted by the Promotion and Transfer Committee, based upon reports of supervisory personnel of the licensing agency or nominee organization and other pertinent reports including documented complaints.
208 PROMOTION AND TRANSFER COMMITTEE
Subsection 208.1 is amended to read as follows:
208.1 A Promotion and Transfer Committee (“the Committee”) shall act on behalf of the licensing agency for the purpose of applying the provisions of § 207 related to awarding of rating points and decisions regarding promotions and transfers.
Subsection 208.2 is amended to read as follows:
208.2 The Committee shall be composed of five representatives selected as follows:
(a) The Blind Vendors Committee shall select three individuals;
(b) The Blind Vendors Committee and licensing agency shall jointly select one individual from the community; and
(c) The licensing agency shall select one individual.
Subsection 208.5 is amended to read as follows:
208.5 The Committee shall also meet as often as is necessary to ensure full consideration of every proposed promotion or transfer.
Subsection 208.7 is amended to read as follows:
208.7 The decisions of the Promotion and Transfer Committee in regard to ratings shall be considered final, unless appealed to the Blind Vendors Committee and licensing agency. Any decision of the Promotion and Transfer Committee may only be overturned by a majority vote of the Blind Vendors Committee and the agreement of the licensing agency.
210 TRAINING PROGRAM
Subsection 210.1 is amended to read as follows:
210.1 The licensing agency, with the active participation of the Blind Venders Committee, shall establish training and retraining programs.
Subsection 210.3 is amended to read as follows:
210.3 Following the acceptance of prospective blind vendors by the licensing agency, training in vending facility management shall be provided by the licensing agency or contractor approved by the SLA to implement the training program.
211 BLIND VENDORS COMMITTEE
Subsection 211.1 is amended to read as follows:
211.1 The Blind Vendors Committee, as established under Mayor’s Order 77-131, dated August 8, 1977, as amended by Mayor's Order 78-22, dated January 22, 1978, consistent with 34 C.F.R. § 395.14, shall have the following functions:
(a) Actively participate with the licensing agency in major administrative decisions and policy and program development decisions affecting the overall administration of the Program;
(b) Receive and transmit to the licensing agency grievances at the request of blind vendors and serve as advocates for vendors in connection with grievances;
(c) Actively participate with the licensing agency in the development and administration of a program system for the transfer and promotion of blind vendors;
(d) Actively participate with the licensing agency in the development of training and retraining programs for blind vendors; and
(e) Sponsor, with the assistance of the licensing agency, meetings and instructional conferences for blind vendors within the Program.
212 BLIND VENDORS COMMITTEE: MEMBERS AND ELECTIONS
Subsection 212.1 is amended to read as follows:
212.1 The licensing agency shall provide for the biennial election of a Blind Vendors Committee, which shall be fully representative of all blind vendors in the District program.
213 BLIND VENDORS COMMITTEE: ORGANIZATION AND FUNCTIONS
Subsection 213.1 is amended to read as follows:
213.1 The Blind Vendors Committee shall be organized to include a chairperson, a vice-chairperson, a treasurer, and a secretary.
Subsection 213.2 is amended to read as follows:
213.2 The Committee shall meet regularly with representatives of the licensing agency, and shall operate as a whole and through subcommittees.
Subsection 213.5 is amended to read as follows:
213.5 The Committee and the licensing agency shall meet at least once a month.
214 BLIND VENDORS COMMITTEE: MEETINGS
Subsections 214.1 – 214.5 are amended to read as follows:
214.1 The licensing agency shall provide written notices to all committee members at least one (1) week prior to each regular meeting.
214.2 The notice shall contain the time and place of the meeting and a list of topics planned by the licensing agency for discussion.
214.3 Between regular meetings, written notice shall be given to subcommittee members, or other individuals, of important discussions and decisions making meetings in areas of the subcommittees’ interest.
214.4 The Committee shall have the opportunity to initiate matters for consideration by them and the licensing agency in order to make meaningful contributions to the Program, with the Committee's views and positions taken into careful and serious account by the licensing agency.
214.5 The licensing agency shall have the ultimate responsibility for the administration of the Program. If the licensing agency does not adopt the views and positions of the Committee, the licensing agency shall notify the Committee, in writing, of the decision reached or the action taken and the reasons for the decision or action.
Section 215, HEARINGS, is repealed.
215 [REPEALED]
216 ACCESS TO PROGRAM AND FINANCIAL INFORMATION
Subsection 216.1 is amended to read as follows:
216.1 Each vendor shall be provided access to all program and financial data of the licensing agency relevant to the operation of the Program, including quarterly and annual financial reports, if that disclosure does not violate applicable federal or District laws pertaining to the disclosure of confidential information.
Subsection 216.2 is amended to read as follows:
216.2 Insofar as practicable, data shall be made available in braille or recorded tape and, at the request of the vendor, the licensing agency shall arrange a convenient time to assist in the interpretation of data.
217 EXPLANATION TO VENDOR OF RIGHTS AND RESPONSIBILITIES
Subsection 217.1 is amended to read as follows:
217.1 The licensing agency shall furnish to each vendor copies of documents relating to the operation of the Program, including the rules and regulations which contain written descriptions of the arrangements for providing services, program policies and procedures and due process rights of vendors, the vendors’ agreement, and the permit covering the operation of any facility to which the vendor shall be assigned.
Section 218 is renamed as follows:
218 DUE PROCESS SCOPE AND PROCEDURES FOR BLIND VENDORS, PROGRAM APPLICANTS AND RSVFP TRAINEES
Subsections 218.1 – 218.3 are amended to read as follows:
218.1 The purpose of these regulations is to establish procedures pursuant to 34 C.F.R. § 395.13, which provides vendors the opportunity to resolve disagreements when they are dissatisfied with any licensing agency action arising from the operation or administration of the Program.
218.2
(a) An applicant to the RSVFP, or a trainee in the Program who is dissatisfied with any determination that affects the provision of vocational rehabilitation services, may pursue any of the remedies available to him or her pursuant to 34 C.F.R. § 361.57. Applicants and trainees are DDS/RSA clients and, as such, they are entitled to all due process rights outlined in 29 D.CM.R. § 135 et seq.
(b) A vendor who is dissatisfied with any licensing agency action arising from the operation or administration of the Program may pursue any of the following options:
(1) Informal administrative review meeting with the Chief of the Division of Services for the Blind (DSB);
(2) [Repealed];
(3) Impartial due process hearing before the D.C. Office of
Administrative Hearings (“OAH”);
(c) A vendor aggrieved by an Order issued by OAH, may appeal this Order
either to the D.C. Court of Appeals, pursuant to D.C. Code § 2- 1831.16(c)-(e), or to the United States Secretary of Education, pursuant to 34 C.F.R. § 395.13.
218.3 A dispute regarding a licensing agency action may be resolved at any level within the appeals process. The appeals process is initiated when a vendor requests an informal administrative review meeting. However, a vendor is not precluded from beginning his or her appeal by requesting an impartial due process hearing as a means of challenging a licensing agency action arising from the operation or administration of the RSVFP.
Section 219 is renamed as follows:
219 NOTICE TO BLIND VENDORS OF DUE PROCESS REMEDIES
Subsection 219.1 is repealed.
219.1 [Repealed.]
Subsection 219.2 is amended to read as follows:
219.2 Each vendor shall receive written notification of his or her due process remedies at the time of licensure.
220 INFORMAL ADMINISTRATIVE REVIEW MEETING
Subsection 220.1 is amended to read as follows:
220.1 An informal administrative review meeting is a non-binding and non-adversarial informal dispute resolution process. The informal administrative review meeting process provides a vendor an opportunity to meet with the Chief of the Division of Services for the Blind (DSB) in an effort to expeditiously resolve a complaint he or she may have about a licensing agency action arising from the operation or administration of the RSVFP. The informal administrative review meeting may involve fact gathering, interviews and negotiation. The informal administrative review meeting is optional and voluntary, and will not deny or delay a vendor an impartial due process hearing, provided pursuant to by 34 C.F.R. § 395.13.
221 REQUEST FOR INFORMAL ADMINISTRATIVE REVIEW MEETING/ NOTICE TIMELINESS
Subsection 221.1 is amended to read as follows:
221.1 A request for an informal administrative review meeting must be submitted in writing, within ten (10) business days, of the licensing agency action with which the blind vendor is dissatisfied. The time limits in this section may be extended by the Chief of the Office of Quality Assurance and Federal Compliance (“OQAFC”) when good cause is shown by one party or at the request of both parties. This request must be addressed to:
Office of Quality Assurance and Federal Compliance
Attention: Chief
Department on Disability Services, Rehabilitation Services Administration
1125 15th Street, NW, 9th Floor
Washington, D.C. 20005
(202) 442-8670 (Voice or Relay)
Subsection 221.2, Paragraph (b) is amended to read as follows:
221.2 Within five (5) business days after the request is received, the Chief of OQAFC will do the following:
(a) Forward the request to the Chief of the Division of Services for the Blind (DSB); and
(b) Send a written notification to the vendor stating the date, time and location of the informal administrative review meeting. Notification shall be in an Americans with Disabilities Act (ADA) compliant format, including:
(1) in the medium of the applicant or consumer’s choice, including large print, Braille, tape, disk; and
(2) provided via e-mail and/or U.S. Priority Mail with Delivery Confirmation requested.
222 INFORMAL ADMINISTRATIVE REVIEW MEETING PROCESS
Subsection 222.1, Paragraph (a) is amended to read as follows:
222.1 (a) Within five (5) business days of receiving the request from the Chief of OQAFC, the DSB Chief will personally meet with the vendor and his or her authorized representative, unless such meeting is inconvenient for both parties and both parties record this inconvenience in writing. If both parties are unable to meet in person, they will participate in a telephonic conference not later than five (5) business days after receipt of the request from the Chief of OQAFC; and
Subsection 222.2 is amended to read as follows:
222.2 (a) If the vendor or his or her authorized representative and the DSB Chief successfully resolve the issue(s) addressed during the informal administrative review meeting, the Chief of OQAFC will place a written note in the vendor’s file noting that the licensing agency staff will implement the agreed upon resolution within ten (10) business days, absent any unforeseen circumstances outside of the licensing agency staff’s immediate control;
(b) If the vendor or his or her authorized representative and the DSB Chief are unable to resolve the issue(s) addressed during the informal administrative review meeting, the Chief of OQAFC shall notify the vendor in writing of his/her right to request an impartial due process hearing, in accordance with 34 C.F.R. § 395.13, within five (5) business days of receiving notification of the outcome from the DSB Chief; and
(c) Notification shall be in an Americans with Disabilities Act (ADA) compliant format, including:
(1) in the medium of the applicant or consumer’s choice, including large print, Braille, tape, disk; and
(2) provided via e-mail and/or U.S. Mail.
Section 223, MEDIATION PROCESS FOR BLIND VENDORS AND RSVFP TRAINEES RECEIVING VOCATIONAL REHABILITATION SERVICES, is repealed.
223 [REPEALED]
Section 224, RIGHT TO MEDIATIO, is repealed.
224 [REPEALED]
Section 225, REQUEST FOR MEDIATION / TIMELINESS/SCHEDULING, is repealed.
225 [REPEALED]
Section 226, DECISION OF THE ADMINISTRATIVE REVIEW PANEL, is repealed.
226 [REPEALED]
Section 228, RIGHT TO A HEARING, is repealed.
228 [REPEALED]
229 NOTICE OF RIGHT TO HEARING
Subsection 229.1 is amended to read as follows:
229.1 Each licensee shall be informed, both orally and in writing, at the time of licensure of the following:
(a) The right to request a full evidentiary hearing before OAH;
(b) The method by which a hearing may be obtained, as provided in § 232 of these rules;
(c) The right to be represented by legal counsel, relative, friend, or other spokesperson, at the licensee’s own expense; and
(d) The right to a qualified interpreter, if a party or a party’s witness is deaf or, because of a hearing impairment, cannot readily understand or communicate the English language.
Section 230, FILING OF DOCUMENTS, is repealed.
230 [REPEALED]
Section 231, RESPONSE TO MOTIONS, is repealed.
231 [REPEALED]
232 REQUEST FOR HEARING; TIMELINESS
Subsection 232.1 is amended to read as follows:
232.1 Each request for a hearing shall be submitted in writing to OAH.
Subsection 232.2 is amended to read as follows:
232.2 The written request for a hearing shall be submitted personally or by U.S. mail.
Subsection 232.4 is amended to read as follows:
232.4 Each complainant shall request a full evidentiary hearing within fifteen (15) business days after an adverse decision based on an administrative review or, in the absence of an administrative review, within fifteen (15) business days of the occurrence of the action upon which the complaint is based.
Section 233, NOTICE OF DOCKETING OF PREHEARING CONFERENCE AND HEARING ADMINISTRATION’S DETERMINATION, ORDER, OR ANSWER, is repealed.
233 [REPEALED]
Section 234, PLACE FOR HEARING; READER SERVICES, is repealed.
234 [REPEALED]
Section 235, NOTICE OF HEARING AND OF HEARING PROCEDURES AND ISSUES, is repealed.
235 [REPEALED]
Section 236, PREHEARING CONFERENCE, is repealed.
236 [REPEALED]
Section 237, CONDUCT OF HEARINGS, is repealed.
237 [REPEALED]
Section 238, DUTIES AND POWERS OF THE HEARING EXAMINER, is repealed.
238 [REPEALED]
Section 239, STANDARD OF PROOF, is repealed.
239 [REPEALED]
Section 240, TRANSCRIPT, is repealed.
240 [REPEALED]
Section 241, DECISION OF THE HEARING EXAMINER, is repealed.
241 [REPEALED]
Section 242, FINAL DECISION, is repealed.
242 [REPEALED]
Section 243, RIGHT TO APPEAL, is repealed.
243 [REPEALED]
Section 245, EXTENSION OF TIME, is repealed.
245 [REPEALED]
Section 246, CONTINUANCES, is repealed.
246 [REPEALED]
Section 247, CONSOLIDATION, is repealed.
247 [REPEALED]
Section 248, SEVERANCE, is repealed.
248 [REPEALED]
Section 249, INTERVENTION, is repealed.
249 [REPEALED]
Section 251, SETTLEMENT, is repealed.
251 [REPEALED]
Section 252, EX PARTE COMMUNICATION, is repealed.
252 [REPEALED]
299 DEFINITIONS
Subsection 299.1 is amended to read as follows:
299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:
Act - 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.
All persons desiring to comment on these proposed regulations must submit them in writing by mail or email, no later than thirty (30) days from the date of publication of this notice in the D.C. Register. Mailed comments should be sent to: Andrew Reese, Deputy Director, Department on Disability Services/Rehabilitation Services Administration, 1125 15th Street NW, 9th Floor, Washington, D.C. 20005. Emailed comments should be submitted at ddsrsa-regcomments@dc.gov. Copies of these proposed regulations may be obtained from DDS/RSA’s offices located at 1125 15th Street, NW; the Martin Luther King, Jr. Memorial Library, located at 902 G Street, NW; or online via DDS’s website at www.dds.dc.gov .
