SUBCHAPTER 63C - BUSINESS ENTERPRISES PROGRAM
section .0100 – business enterprises program
10A ncac 63c .0101 PURPOSE AND DEFINITIONS
(a) The Business Enterprises Program is a rehabilitative
program which helps provide employment opportunities and economic security to
blind individuals. The rules in this Subchapter are promulgated pursuant to 34
CFR 395 for the purpose of governing the operation and administration of the
Business Enterprises Program in this state.
(b) As used in this Subchapter:
(1) "Blind licensee" means a blind
person licensed by the Division to operate a Business Enterprises facility on
federal or other property.
(2) "Blind operator" means a blind
licensee who is operating a Business Enterprises facility on federal or other
property.
(3) The "Business Enterprises
Program" provides blind individuals with remunerative employment through
the operation of vending facilities on federal, state, and other properties.
(4) "Business Enterprises facility"
means any vending facility operated by the North Carolina Business Enterprises
Program as defined in 34 C.F.R. 395.1.
History Note: Authority G.S. 111‑27; 143B‑157;
34 C.F.R. 395; 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; February 1, 1986; October 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0102 RESPONSIBILITY
(a) The Division shall not provide for services or costs
which pertain to the ongoing operation of an individual facility after the
initial establishment period.
(b) The Division shall assure that each operator is provided
access to all program and financial data of the Division relevant to the
operation of the state vending facility program, including quarterly and annual
financial reports, to the extent that such disclosure does not violate
applicable federal and state laws pertaining to the disclosure of confidential
information; that insofar as practicable such data shall be made available on
tape, disk, large print, and Braille; and that, at the request of an operator,
the Division will arrange a convenient time to assist in the interpretation of
such data.
(c) The Division shall furnish to each operator copies of
documents relevant to the operation of the Business Enterprises facility,
including the rules and regulations, a written description of the arrangements
for providing services, and the agreement and permit covering the operation of
the Business Enterprises facility, and shall explain these documents to each
operator in a timely manner.
History Note: Authority G.S. 111‑27; 143B‑157;
34 C.F.R. 395; 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; October 1, 1978.
10A ncac 63c .0103 STAND EQUIPMENT: MERCHANDISE: AND
SUPPLIES
(a) The Division shall furnish each Business Enterprises
facility with the equipment, initial stock, and initial supplies that are
determined by the Division necessary to operate the unit.
(b) The right, title to, and interest in Business
Enterprises equipment, merchandise, petty cash, and all other assets used in
the program is vested in the Division only and may be used and disposed of by
the Division for program purposes only, and in accordance with state and
federal law.
(c) The Division shall maintain (or cause to be maintained)
all Business Enterprises equipment in good repair and in attractive condition,
and shall replace (or cause to be replaced) worn‑out or obsolete
equipment as required to assure the continued successful operation of the
facility, subject to availability of funds. The licensed operator of a
facility shall take the initiative in identifying needed equipment repairs and
replacement.
History Note: Authority G.S. 111‑27; 143B‑157;
34 C.F.R. 395.6; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0104 TRAINING PROGRAM
The Division shall provide for the training of blind
individuals according to the requirements of 34 CFR 395.11 and for the training
and retraining of blind operators with assistance from the state committee of
blind vendors.
History Note: Authority G.S. 111‑27; 143B‑157;
34 C.F.R. 395.11; 34 C.F.R. 395.14; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; February 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
section .0200 - licensing and placement
10A ncac 63c .0201 ISSUANCE OF LICENSES
The Division,
through the Business Enterprises Program, shall license blind persons who meet
eligibility requirements for the Business Enterprises Program. This license shall
be issued for an indefinite period. The licensee shall signify his acceptance
of the licensing agreement by affixing his signature or mark thereon.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.7; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0202 ELIGIBILITY FOR LICENSING
(a) The Division shall interview prospective licensees as
referred by the rehabilitation program and shall make written recommendations
to the Chief of Business Enterprises concerning the potential of the referral
commensurate with the specific job requirements of the Business Enterprises
Program.
(b) To be licensed:
(1) The consumer must meet the definition of
legally blind as outlined in 34 CFR 395.1;
(2) The consumer must be at least 18 years of
age;
(3) The consumer must be physically able to
perform all the duties as further detailed in this Chapter;
(4) All consumers must be evaluated for and
demonstrate proficiency of skill in basic mobility, activities of daily living,
mathematics and basic food service practices;
(5) The consumer must be familiar with the
rules and regulations for Business Enterprises facility operators. The
consumer must successfully complete the Business Enterprises training program
sponsored by the Division and must be certified by the Division as capable of
operating a Business Enterprises facility;
(6) The consumer must be a citizen of the United States; and
(7) The consumer must have no previous
conviction(s) of any felony class A through E.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395; 20 U.S.C. sec. 107; 143B-157;
Eff. October 1, 1978;
Amended Eff. January 1, 2009; August 1, 2002; August 1,
1990; February 1, 1986; June 1, 1982.
10A ncac 63c .0203 SUSPEND: TERMINATE LICENSE: REMOVAL FROM
business enterprises facility
(a) The Division
may suspend or terminate the license of an operator, after affording the
operator an opportunity for a full evidentiary hearing, when it finds that his
facility is not being operated in accordance with the rules and regulations;
with the terms and conditions of the agreement, contract, or permit between the
Division and the sponsor of the building or site upon which the Business
Enterprises facility is located; or with the terms of the contract between the
operator and the Division relating to the particular assignment.
(b) An operator
may be warned prior to suspension or termination of a license, particularly in
situations where lack of compliance is not determined by the Division to pose
an immediate threat to the general public or to bring discredit or irreparable
damage to the Business Enterprises Program.
(c) Licenses to
operators may also be suspended or terminated for any of the following reasons:
(1) Vision
improves so that the operator is no longer eligible for licensing;
(2) Extended
illness occurs with medically documented diagnosis of prolonged incapacity of
the operator to manage the Business Enterprises facility in a manner consistent
with the needs of the location or other available locations in the Business
Enterprises Program;
(3) Withdrawal
of the operator from the program upon his written notification to the Division;
(4) Gross
misconduct or conduct so reprehensible as to bring discredit to the program;
(5) Conviction
of a felony (Class A through E);
(6) Falsified
information pertaining to eligibility requirements;
(7) Willful
acts that would endanger the lives and property of others;
(8) Possession
of firearms or lethal weapons on the job;
(9) Reporting
to Business Enterprises assignment under the influence of alcohol or any
controlled substance or partaking of such on the job.
(d) Suspension
may be used when an apparent action or lack of action by an operator is not
serious enough in the opinion of the Division to warrant termination of the
license. The length of the suspension shall vary with the seriousness of the
situation, but shall not exceed a maximum of 60 days.
(e) If the
Division finds that the public health, safety, or welfare requires emergency
action, summary suspension of a license may be ordered.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.7; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; February 1, 1986.
10A ncac 63c .0204 FILLING OF VACANCIES
(a) The Division shall make available a listing of
available Business Enterprises facilities to all licensees.
(b) Licensees who wish to apply for any of the locations
listed may forward an application to the office of the Chief of Business
Enterprises.
(c) Transfers and promotions shall be based on the
following procedures:
(1) The Division shall send a notice of
available facilities to all operators and licensees on the last 10 working day
of the month. The notice shall provide a description of the vacancy and who to
contact for more information.
(2) All applications shall be post-marked by
the 10th of the month following the notice and mailed to the office of the
Chief of Business Enterprises.
(3) The Interview Committee shall interview all
applicants on the second Friday of the month which follows the application
deadline.
(4) At least 10 working days prior to the
interview, the Business Enterprises Counselor who works with the applicant
shall calculate the applicant's points for sanitation, seniority, Financial
Analysis/Operating Standards [Subparagraphs (d), (1), (2), (3) of this Rule]
and inform the applicant of his point total. The applicant shall have five
working days to review the point total and request any adjustments.
(5) After adding together the points from the
sanitation, seniority, Financial Analysis/Operating Standards, Customer
Relations and Oral Exam/Interview Sections [Subparagraphs (d), (1), (2), (3),
(4), (5), (6), (7) of this Rule] for each applicant, the applicant with the
highest point total (if above 60 points) shall be awarded the vacancy. If the
applicant with the highest point total declines to accept the location, it
shall be offered to the next highest applicant (if above 60 points) and so on.
In the case of an exact tie, the applicant with the most time in the Business
Enterprises Program shall be awarded the location.
(6) Applicants shall be notified as soon as
possible after their interview whether or not they have been awarded a
location. This notification shall be by telephone and followed up in writing.
(7) Upon being awarded a location, the
applicant shall have 30 days to fill the vacancy. The Division shall agree to
a different time frame if adhering to the 30-day time frame would cause a
hardship to the applicant awarded the facility. The location shall not be
filled for 15 working days following the award to allow time for administrative
appeals to be filed. If an appeal is filed, the location shall not be filled
until the appeal is resolved. If there is only one applicant for a location,
the 15-day waiting period shall not apply.
(8) If an applicant is awarded a facility and
has not had an Operator Agreement with the Agency in the last two years, and
the applicant did not meet his financial analysis and operating standards for
the last 12 months that his agreement was in effect, the applicant shall repeat
the necessary on-the-job-training. The Interview Committee may also recommend
refresher course training to assure qualified management.
(9) Licensees/operators not selected may file
an administrative appeal as provided for in Subchapter 63C Section .0400. The
fifteen-day limit to file an appeal shall begin from the date the
licensee/operator is informed by telephone of the results of the award.
(10) An applicant must have operated a Business
Enterprises location for six months prior to the cut-off date for calculating
financial performance according to standards to be considered an operator,
otherwise, the operator shall be in licensee status. The cut-off date is
defined as the 12-month period ending with the last day of the same month in
which the vacancy is advertised.
(11) If an operator leaves the Business
Enterprises Program and then applies for a location within 12 months of
leaving, his financial performance according to standards for the 12 months
prior to his leaving shall be used to calculate points in the Financial
Performance Section.
(12) Financial analyses of facilities shall be
done every two years. The analysis shall be on the facility not the operator;
however, an operator may request a new analysis after at least four months in
the new facility. If an applicant's financial analysis is less than two years
old and the applicant's performance is neither above 100 percent nor below 85
percent on either measure, the financial analysis is current.
(13) An applicant who does not hold the required
level of license for the vacancy may be awarded the facility contingent upon
successfully completing the required training. Applicants who hold the
required level of license but have not operated a facility at that level for at
least two years shall complete refresher on-the-job training if the applicant
did not meet his financial analysis and operating standards for the last 12
months that his agreement was in effect.
(14) An operator may not sit on the Interview
Committee for a location for which he/she is applying or if a member of his/her
immediate family has applied for a vacant facility. For this purpose immediate
family is defined as spouse, parent, child, brother and sister. Also included
are the step, half and in-law relationships. If the Vice-Chairman and the
Chairman of the Elected Committee of Vendors and the Chairman of the
sub-committee on Transfer and Promotion are all restricted from sitting on the
Interview Committee under this Rule, those three must pick another Elected
Committee of Vendors member to sit on the Interview Committee.
(15) The schedule for awarding vacancies may be
changed to accommodate holidays, too many applications to process in one day,
or at any time necessary due to program conflicts as determined by the chief of
Business Enterprises and the Vice-Chairman of the Elected Committee of
Vendors. All applicants shall be notified in writing of the date, time and
place of their interview.
(16) Applicants shall be reimbursed for their
expenses to come to the interview at the state's per diem rates. The Business
Enterprises Program shall only reimburse for two interviews per year. After
that, applicants shall bear their own expenses for coming to interviews.
Licensees who have active rehabilitation cases shall be reimbursed through the
rehabilitation program.
(d) The Division shall use the following criteria in
determining points:
(1) Sanitation:
(A) Ten point maximum;
(B) One point for each sanitation grade point above
ninety;
(C) Sanitation grade to be arrived at by averaging all
sanitation scores received during last two years;
(D) Five points shall be subtracted for any adjusted B
grade in the last two years;
(E) The Business Enterprises Counselor shall determine
an adjusted grade by adding back in any points subtracted for deficiencies over
which the operator has no control. The operator shall inform Business
Enterprises Counselor when an inspection has occurred so he can review the
inspection and adjust the grade if needed. The operator shall make sure the
Business Enterprises Counselor has copies of every sanitation inspection form
from the relevant period so that he or she can calculate an accurate grade.
(2) Seniority:
(A) Five point maximum;
(B) Seniority points shall be awarded as follows:
Years in Business Enterprises Program –
Points
0 to 4.99 - 0 points
5 to 9.99 - 1 point
10 to 14.99 - 2 points
15 to 19.99 - 3 points
20 to 24.99 - 4 points
25 and over - 5 points
(C) Seniority is defined as the amount of time in yearly
increments an individual has been working in the Business Enterprises Program
as an operator. An operator must work 51 percent of the working days in a month
to receive credit for that month. The cutoff date for accruing time in the
Program is the end of the month when the vacancy is advertised. Business
Enterprises operators shall receive credit for one year of seniority for any
combined 12-month period.
(3) Performance According to Financial
Analysis/Operating Standards: Operating standards are determined by tabulating
all the invoices for purchases for resale for each facility for a period of
three months. The optimum sales and gross profit percentage is determined by
computing the maximum potential for sales and gross profit without
consideration for theft, waste or poor management. Each operator is required
to maintain 85 percent of the optimum standard established for each facility
for sales and gross profit. Eighty-five percent of the optimum sales and gross
profit percentage is considered the operating standard for each facility.
(A) 50 Points Maximum;
(B) Applicants shall receive 20 points for meeting or
exceeding 85 percent of their sales standard;
(C) Applicants shall receive 20 points for meeting or
exceeding 85 percent of their gross profit percentage standard;
(D) Applicants shall receive five points for meeting or
exceeding 92.5 percent of their sales optimum;
(E) Applicants shall receive five points for meeting or
exceeding 92.5 percent of their gross profit percentage optimum.
(4) Customer and Building Management Relations:
(A) Five points shall be deducted for each written site
management complaint in the past two years, up to a maximum of 10 points.
(B) If the applicant has more than three written site
management complaints, he shall not be considered for the award. No site
management complaint that is more than three years old may be used against an
operator. Site management is defined as the property official for the property
on which a BEP facility is located.
(5) Oral Exam/Interview:
(A) 30 points maximum.
(B) Interview shall be face to face (no conference
calls).
(C) All applicants shall be interviewed.
(D) The Interview Committee shall consist of:
(i) The Chief of Business Enterprises, or Deputy
Chief or Assistant Director of Programs and Facilities as designated by Chief,
(ii) The Area Rehabilitation Supervisor or B.E.
Counselor for the area in which the vacancy occurs, and
(iii) The Vice-Chairman of the Elected Committee of
Vendors or the Chairman in his absence, or in the absence of the Chairman, the
Chairman of the Transfer and Promotion subcommittee.
(E) The Oral Exam part shall consist of 10 questions
drawn either from a pool of standard questions or developed by the Interview
Committee prior to the interview. The oral exam questions shall relate to any
special needs of the vacant facility as well as to standard responsibilities
and knowledge areas of Business Enterprises operators. Each member of the
Interview Committee shall evaluate the applicant's response to each question in
the oral exam. The applicant shall receive one point by demonstrating basic
knowledge, the applicant shall receive one and one-half points for demonstrating
above average knowledge, and the applicant shall be awarded two points for
demonstrating exceptional knowledge for each interview question. There shall
be at least one question involving a calculation and a talking calculator shall
be provided, although applicants may bring their own. The oral exam shall
yield a possible 20 points.
(F) The interview part shall consist of a variety of
questions in a give and take format. Each member of the Interview Committee
shall evaluate the applicant's response to the interview questions and shall
award up to 10 additional points based on the applicant's previous food service
experience, knowledge and financial performance. If the applicant meets the
requirements for the facility, the applicant shall receive five additional
points. If the applicant's qualifications exceed the requirements of the
facility, he may be awarded up to ten additional points. The interview shall
include the following elements: questions related to business philosophy to
promote general discussion to enable the interview panel to evaluate the
applicant's expertise, maturity, experience and ability; a discussion of any
related work experience outside the Business Enterprises Program; at least two
business math questions. Since points are awarded for seniority, time in the
Business Enterprises Program shall not be considered as a reason to award
points; however, relevant work experience in the Business Enterprises Program
may be discussed and taken into consideration. Applicants may bring letters of
recommendation, certificates, and other documents that would aid the Interview
Committee in awarding its discretionary points.
(G) Each interviewer shall award discretionary points
individually and the total score of Oral Exam and Interview points from each
interviewer shall be averaged and added to the applicant's points from the
other Sections.
(6) Licensees and trainees:
(A) A licensee who has no previous experience in the
North Carolina Business Enterprises Program shall be assigned 35 points in the
Financial Analysis/Operating Standards category. If the licensee scores 90
percent or above on the National Restaurant Association's ServSafe exam, he/she
shall be awarded three points in the sanitation category.
(B) A licensee with previous Business Enterprises
experience shall be assigned 35 points in the Financial Analysis/Operating
Standards category. Previous sanitation records shall be considered, if
available; or the applicant may take the National Restaurant Association's
ServSafe exam. If the licensee scores 90 percent or above on the ServSafe
exam, he/she shall be given three points in the Sanitation Section.
(C) Applicants shall have satisfactorily completed Level
I training or have a Level I license to be interviewed. The four levels of
Business Enterprises facilities are defined as follows: Level I has no cooking
or on-site food preparation and includes only service via vending machines or
over the counter service including snacks, candy, pre-packaged sandwiches,
coffee, and assorted beverages. Level II service is similar to a deli
operation where hot and cold food is prepared on site. Level III service
includes all of the above with the addition of a grill and fryer. Level IV
service consists of full-service cafeteria style facilities. An applicant
shall score at least 60 total points to be awarded a location. If the
applicant scores at least 55 points but less than 60 points, the interview
panel may make a conditional award if the panel agrees it is in the best
interest of the Business Enterprises Program.
History Note: Authority G.S. 111‑27; 143B-157; 20
U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. January 1, 2009; August 1, 2002; May 1,
1996; December 1, 1993; February 1, 1986; February 1, 1981;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0205 CONTRACTUAL AGREEMENT BETWEEN DIVISION
AND OPERATOR
(a) Each
licensee who accepts a Business Enterprises assignment must enter into a
contractual operating agreement with the Division upon initial placement and
upon subsequent reassignment.
(b) A copy of
the permit or contract with the sponsor of the site upon which the Business
Enterprises facility is located shall become a part of the agreement, and the
operator shall conduct the business in accordance with the provisions of that
permit or contract.
(c) The
agreement shall include provisions which specify:
(1) the
responsibilities of the licensed operator as contained in the rules in this
Subchapter;
(2) the
responsibilities of the Division as contained in the rules in this Subchapter;
(3) that
the licensed operator will receive the net proceeds [in accordance with 45 CFR
1369.1(k)] from the Business Enterprises facility he/she operates in accordance
with Section .0700 of this Subchapter;
(4) the
right of the operator to terminate the agreement at any time;
(5) that
the agreement will be terminated upon termination of the permit or contract
with the sponsor of the site upon which the Business Enterprises facility is
located;
(6) that
the agreement will be terminated upon failure of the licensed operator to
operate the Business Enterprises facility in accordance with the agreement or
applicable federal, state, or local laws or regulations;
(7) that
the agreement will be terminated upon the closing of a facility which the
Division has determined offers no possibility of being profitable.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.1; 34 C.F.R. 395.3; 20 U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; February 1, 1984; February 1, 1983.
10A NCAC 63C .0206 CONFIDENTIAL INFORMATION
All information and records pertaining to handicapped persons
served by this program shall be considered confidential and may not be revealed
except in the administration of the program or by the consent of the handicapped
person.
History Note: Authority G.S. 111‑27; 34 C.F.R.
361.49; 20 U.S.C. Sec. 107a et seq., as amended;
Eff. October 1, 1978;
Recodified from .0409(f) effective May
30, 1984;
Amended Eff. February
1, 1986.
SECTION .0300 - SPECIAL PROVISIONS
10A NCAC 63C .0301 HEALTH INSURANCE
History Note: Authority G.S. 111‑27; 20 U.S.C.
sec. 107a et seq., as amended;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. April
1, 1990; October 1, 1978;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
10A ncac 63c .0302 TEMPORARY CLOSING
(a) A facility may be temporarily closed due to the closing
of a public building, industry, or institution caused by an emergency condition
such as snow days, fire, or death of a company official.
(b) If a facility is closed for an extended period of time
through no fault of the operator, that operator may be eligible for financial
assistance through the Business Enterprises Program's Emergency Relief Fund.
This fund is supported through Federal Unassigned Vending based on a majority
vote of the operators in the Program. The following guidelines apply:
(1) Facility must be closed an entire calendar
month due to no fault of the operator.
(2) Facility must have a target date for
reopening.
(3) The closing is not covered by insurance or
all coverage must be exhausted before the Emergency Fund is used.
(4) The Elected Committee of Vendors shall
establish the monthly rate to be paid to operators who qualify for use of the
Fund.. The monthly rate set by the Committee shall appear in the minutes from
the Committee meeting when the rate was set and the rate shall be on file in
the Office of the Chief of Business Enterprises Program, 309 Ashe Avenue, Raleigh,
NC, 27606.
(5) The operator may be subsidized for an
initial period up to six months after which the situation will be reassessed by
Committee members as appointed by the Chair and by the Chief of the Business
Enterprises Program. They shall determine if an extension should be allowed and
if so, for how long.
(6) If a feasible satellite facility is
available, the operator must apply for that location. Failure to apply for any
satellite facility for which the operator is qualified shall result in
immediate forfeiture of the Emergency Relief Funds for the period of time the
satellite facility is available. If the operator applies for the satellite
facility and is not awarded the facility, no penalty shall apply. If applying
for the satellite facility would pose a financial hardship on the operator, the
Division shall waive this requirement.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.4; 20 U.S.C. sec. 107;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; April 1, 1990; February 1, 1986; October
1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0303 MOVING
EXPENSES
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.4; 20 U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
SECTION .0400 - ADMINISTRATIVE APPEAL PROCEDURE
10A ncac 63c .0401 PURPOSE
The purpose of the administrative appeal procedure is to
provide a means of appeal to each operator/licensee who is dissatisfied with an
action of the Division arising from the operation or administration of the
Business Enterprises Program.
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.4; 34 C.F.R. 395.13; 20 U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; May 1, 1996; February 1, 1984.
10A ncac 63c .0402 POLICY
(a) Every operator/licensee has the right to present a
problem or appeal free from interference, restraint, coercion, discrimination,
or reprisal. This policy shall be covered fully during orientation procedures
for new operators/licensees.
(b) When presenting an appeal, an operator/licensee may be
accompanied by a person or persons of his choice.
(c) The filing of a complaint with the Division shall
indicate consent by the blind operator/licensee for the release of such
information as is necessary for the conduct of the administrative appeal.
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.4; 34 C.F.R. 395.13; 20 U.S.C. sec 107;
Eff. October 1, 1978;
Amended Eff. February
1, 1984, February 1, 1981;
Recodified Paragraph (f) to Rule .0212 Eff. May
30, 1984;
Amended Eff. August
1, 2002; May 1, 1996; August 1, 1990; February
1, 1986.
10A ncac 63c .0403 PROCEDURE
(a) The operator/licensee shall discuss the problem with
the Division staff person taking the action with which the operator is
dissatisfied and request specific action in writing to resolve the grievance.
This discussion shall be held within 15 working days of the occurrence of the
action challenged by the operator. The operator/licensee shall receive a
response within five working days following the discussion. Any decision made
by agency personnel at this step shall be subject to supervisory review and
approval.
(b) If the complaint is not resolved and the
operator/licensee is not satisfied with the outcome of Paragraph (a) of this
Rule, he shall have 15 working days to ask for a review by the operator
relations committee in writing. Within five working days after asking for a
review, the operator/licensee shall be notified of the date of the hearing,
which shall be held within 25 working days after the operator's/licensee's
request for a hearing. The committee shall render its decision within 20
working days after the hearing.
(c) If the decision reached in step of Paragraph (b) of
this Rule is not satisfactory to the operator/licensee or the Division staff
person responsible for the initial action, the matter may be referred by the
operator/licensee or the Division staff person to the director of the
Division. Any request for review shall be submitted within 15 working days
after the operator relations committee has presented its recommendation. The
party requesting the referral shall provide a written summary of the specific
facts of the complaint and request for specific action to resolve the
grievance, copies of which shall be provided at the same time to all other
parties concerned. The director shall make the decision for the Division
within 15 working days, and his decision shall be announced immediately to all
parties concerned.
(d) If the complaint is not resolved and the
operator/licensee is not satisfied with steps of Paragraphs (a) through (c) of
this Rule, then the operator/licensee may file a complaint with the Division
requesting a full evidentiary hearing.
(e) If a blind operator/licensee requests a full
evidentiary hearing, such request shall be made within 15 working days after
the director's adverse direction rendered through the procedures in this Rule.
(f) A blind operator/licensee shall request a full
evidentiary hearing in writing. This request shall be transmitted to the
director of the Division personally or by certified mail, return receipt
requested, transmitted through the Elected Committee of Vendors in accordance
with 34 C.F.R. 395.14(b)(2). This hearing shall be held in accordance with
G.S. 150B, Article 3, the extent that such article does not conflict with these
Rules pertaining to grievance procedures or any federal law or regulation.
(g) A blind operator/licensee shall be entitled to legal
counsel or other representation in a full evidentiary hearing. The Division
shall reimburse the operator for costs of legal counsel at a rate of 50% of the
total amount not to exceed a total expenditure by the Division of one thousand
five hundred dollars ($1,500). This expenditure is based on the availability
of funds.
(h) Reader services or other communication services shall
be arranged for the blind operator/licensee should he so request.
Transportation costs and per diem shall be provided also to the blind
operator/licensee during the pendency
of the evidentiary hearing, if the location of the hearing
is in a city other than the legal residence of the operator/licensee.
(i) The hearing shall be held at a time and place
convenient and accessible to the blind operator/licensee requesting a full
evidentiary hearing. The blind operator/licensee shall be entitled to have the
hearing held in the county of his residence unless he waives this right. A
hearing held during regular Division working hours shall be deemed among the
convenient times. The hearing shall be scheduled by the Division within 15
working days of its receipt of such a request, unless the Division and the
blind operator/licensee mutually, in writing, agree to some other period of
time. The Division shall notify the blind operator/licensee in writing of the
time and place fixed for the hearing and of his right to be represented by
legal or other counsel. The Division shall provide the blind operator/licensee
a copy of the hearing procedures and other relevant information necessary to
enable him to prepare his case for the hearing.
(j) The presiding officer at the hearing, to be appointed
by the Secretary of the Department of Health and Human Services, shall be
impartial, unbiased, have knowledge in conducting hearings, and have no
involvement either with the Division action which is at issue in the hearing
or with the administration or operation of the Randolph‑Sheppard
Business Enterprises Program.
(k) The presiding officer shall conduct a full evidentiary
hearing, avoid delay, 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.
(l) Both the blind operator/licensee and the Division shall
be 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 issue.
(m) 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.
(n) A transcript shall be made of the oral evidence and
shall be made available to the parties. The Division shall pay all transcript
costs and shall provide the blind operator/licensee with at least one copy of
the transcript.
(o) The transcript of testimony, exhibits, and all papers
and documents filed in the hearing shall constitute the exclusive record for
decision.
(p) 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, federal regulations, and state rules. It shall
contain findings of fact and conclusions with respect to each of the issues,
and the reasons and basis therefor. 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 operator/licensee and the
division.
(q) If the dispute(s) is not resolved to the satisfaction
of a blind operator/licensee after provision of a full evidentiary hearing, an
appeal may be made to the Secretary of the U. S. Department of Education for
the convening of an arbitration panel.
(r) The results of the arbitration shall be considered the
final agency action and the operator/licensee shall have exhausted his
administrative remedies.
History Note: Authority G.S. 111‑27; 143B-157; 20
U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; May 1, 1996; August 1, 1990; February
1, 1984; February 1, 1983; December 1, 1981.
SECTION .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE
COMMITTEE ON THE STAND PROGRAM
10A ncac 63c .0501 ELECTION
The Division shall provide for biennial election among the
operators in the program to elect a state committee of blind operators called
the Elected Committee of Vendors. This Elected Committee of Vendors shall be
representative of operators on the basis of geography and shall be
proportionally representative of operators on federal property. The Elected
Committee of Vendors shall consist of representatives from the four
geographical regions and one region comprised of all Federal facilities.
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.14; 20 U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; May 1, 1996; February 1, 1986.
10A NCAC 63C .0502 COMMITTEE SIZE
10A ncac 63c .0503 NOMINATIONS AND ELECTIONS
10A NCAC 63C .0504 TERM OF MEMBERSHIP
10A NCAC 63C .0505 CONSECUTIVE TERMS
History Note: Authority G.S. 111‑13; 111‑27;
34 C.F.R. 395.14; 20 U.S.C. sec. 107a et seq., as amended;
Eff. October 1, 1978;
Amended Eff. August 1, 2002; April 1, 1990;
July 1, 1987; June 1, 1983;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
10A ncac 63c .0506 ORGANIZATION AND OPERATION
(a) The officers of the Elected Committee of Vendors shall
be a chairman and a vice‑chairman. They shall be elected by the Elected
Committee of Vendors from among Elected Committee of Vendors members.
(b) Vacancies in any of the elective offices shall be
filled by the Elected Committee of Vendors members for the unexpired term.
(c) The chairman shall preside over all the meetings of the
Elected Committee of Vendors. He shall appoint subcommittees at such time as
the business of the Elected Committee of Vendors may warrant, except for the
Operator Relations Committee which shall be elected by the Elected Committee of
Vendors from its members. The chairman shall appoint temporary replacements to
this subcommittee as needed to fill any vacancy until a new member may be
elected. He shall also appoint a temporary replacement for any Operator
Relations Committee member who has filed an appeal and whose appeal is pending
before the Operator Relations Committee. The chairman shall serve as non‑voting
ex officio member of all subcommittees.
(d) In the absence or disability of the chairman, the vice‑chairman
shall assume all the duties of the chairman.
(e) The meetings shall be conducted according to Roberts
Rules of Order.
(f) A majority shall constitute a quorum.
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.14; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; May 1, 1996; February 1, 1984; February
1, 1983.
10A NCAC 63C .0507 MEETINGS
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.14; 20 U.S.C. sec. 107a et seq., as amended;
Eff. October 1, 1978;
Amended Eff. May
1, 1996; February 1, 1983;
Expired Eff. December 1, 2015 pursuant to G.S. 150B-21.3A.
10A ncac 63c .0508 FUNCTIONS
The Elected Committee of Vendors shall actively participate
with the Division in major administrative decisions and policy and program
development decision affecting the overall administration of the Business
Enterprises Program. The Division and the Elected Committee of Vendors shall
comply with the terms and conditions set forth in 34 C.F.R. 395.14.
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.14; 20 U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; May 1, 1996; February 1, 1984.
10A ncac 63c .0509 SUBCOMMITTEES
Between regular meetings of the Elected Committee of
Vendors, it shall carry on its functions through the following subcommittees:
(1) operator relations committee, whose function is to
receive and transmit appeals at the request of operators;
(2) committee on transfer and promotion of operators,
whose function is to actively participate with the Division in the development
and administration of a system for the transfer and promotion of operators;
(3) committee on training and retraining, whose
functions are to actively participate with the Division in the development of
training and retraining programs and to assist the Division in sponsoring
meetings and instructional conferences for the operators.
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.14; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; May 1, 1996; February 1, 1984.
10A NCAC 63C .0510 COMMUNICATION AND NOTICE
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.14; 20 U.S.C. sec. 107a et seq., as amended;
Eff. October 1, 1978;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
10A ncac 63c .0511 COMMITTEE INITIATIVE
The committee may initiate matters for consideration and its
views and positions will be considered by the Division.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.14; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; February 1, 1986.
10A ncac 63c .0512 DIVISION RESPONSIBILITY AND RELATIONSHIP
WITH COMMITTEE
The Division has the ultimate responsibility for the
administration of the Business Enterprises Program. It shall consider all
recommendations forthcoming from the committee, which will act in an advisory
capacity to the Division. If the Division does not adopt the views and
positions of the committee on a particular issue, it shall give written notice
to the committee of the decision reached, the actions taken, and the reasons
therefore.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.14; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002.
SECTION .0600 ‑ RESPONSIBILITIES OF LICENSED OPERATORS
10A ncac 63c .0601 GENERAL RESPONSIBILITIES
(a) The operator must:
(1) perform faithfully and to the best of his
ability the necessary duties in connection with the operation of the Business Enterprises
facility in accordance with the rules of the Commission and standards issued
pursuant thereto and the contractual agreement between the Division and the
operator, and the terms and conditions of the permit or contract with the
building or property on which the facility is located;
(2) operate the facility in accordance with all
applicable health laws and Rules;
(3) assume such responsibilities as purchasing
needed supplies and merchandise, pricing, merchandising the facility, and
control of inventory;
(4) devote his full managerial attention to the
responsibilities of operating the facility in accordance with the agreement
between him and the Division and in accordance with the Rules in this
Subchapter. The operator is not required to be on site at all times; and
(5) maintain good customer relations with his
patrons and with the property‑managing officials at his work site.
(b) The operator shall be accountable to the Division for
the proceeds of the Business Enterprises facility, and shall handle the
proceeds, including payments to suppliers and deposits of funds, in accordance
with Division guidelines developed to facilitate the provision of management,
accounting, and technical services to operators, and in accordance with the U.
S. Department of Education reporting requirements.
(c) The operator shall maintain a neat, business‑like
appearance while working at the Business Enterprises facility, and shall
conduct the facility in an orderly, business‑like manner.
(d) In accordance with Paragraph (b) of this Rule, any
rebates, commissions, or bonuses received by the operator from supplier shall
be considered as income or a refund of purchases and shall be accounted for
accordingly.
(e) The operator must assure that the business to be
carried on at the facility shall be limited to that specified and authorized in
the permit or contract with the sponsor of the building or property where the
facility is located.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.7; 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; April 1, 1990; February 1, 1984; October
1, 1978.
10A ncac 63c .0602 HOURS OF OPERATION
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.7; 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; May 1, 1996; February 1, 1984; October
1, 1978;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
10A NCAC 63C .0603 SECURITY
The operator is responsible for seeing that security and
safety measures are carried out in accordance with good business practice and
the requirements of each location.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.7; 20 U.S.C. sec. 107a et seq., as amended;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. February
1, 1984; October 1, 1978.
10A ncac 63c .0604 REPORTS
The operator shall have four options for reporting revenues
and expenses:
(1) Category A - The operator may send all invoices,
deposit slips, repair bills, and other documents to the Division including
overcash according to a schedule established by the Division's Accounting
Office. All payroll functions shall be performed by the Division.
(2) Category B - The operator may retain sales and
deposit documentation and send a summation of his purchases for resale and all
expenses paid out of the facility to the Division monthly along with overcash.
All payroll functions shall be performed by the Division.
(3) Category C - The operator may perform all functions
as in Item (2) of this Rule and perform his own payroll functions.
(4) Category D - The operator may perform all functions
of Items (2) and (3) of this Rule and may calculate its own profit and loss
statement and send only the set-aside due to the Division.
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395; 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Amended Eff. August
1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; May 1, 1996; February 1, 1996; February
1, 1984; October 1, 1978.
10A ncac 63c .0605 REPAIRS
(a) Operators shall secure repairs to equipment not to
exceed a dollar amount as determined by the Division on an annual basis.
(b) If the repair rate exceeds the amount as determined by
the Division, bids must be obtained and submitted to the Division for
approval. The Division shall apply state purchasing procedures as found in 01
NCAC 05 under the State Division of Purchase and Contract.
(c) If the operator is unable to secure bids, he shall
contact the Division for assistance.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.4; 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Amended Eff. August
1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; October 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0606 EQUIPMENT: MERCHANDISE: SUPPLIES: CASH
(a) Each operator shall sign a receipt for all equipment,
merchandise, supplies, and cash for which he is entrusted when initially placed
in a Business Enterprises facility, and shall be held accountable for those
assets.
(b) Each operator shall maintain the equipment assigned to
him, and shall ensure that the equipment is used only for the purposes of
operating the business.
(c) All assets vested in the Division shall be safeguarded
and protected.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.7; 20 U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; February 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0607 INSURANCE
(a) Each operator must maintain adequate bodily injury,
property damage, and food products liability insurance as will protect the
operator, anyone employed by the operator, and the Division against losses and
claims arising out of the conduct of the business of the Business Enterprises
facility. Each operator must also carry worker's compensation and unemployment
insurance as required by state and federal law. Adequate coverage for
liability insurance will be determined by the Business Enterprises Program
Chief in consultation with the Elected Committee of Vendors and changes in
limits shall be conveyed to the operators in writing with a 30‑day
advance notice.
(b) The costs of such insurance shall be a cost of
operating the business of the Business Enterprises facility and taken into
account as such in determining the net proceeds of the business.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.7; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; April 1, 1990; February 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0608 PRICING OF MERCHANDISE
(a) Each operator shall determine his own pricing structure
commensurate with prevailing pricing of local competitors and shall not take
advantage of customers through unfair pricing practices.
(b) Notwithstanding Paragraph (a) of this Rule, in Business
Enterprises facilities where prices are determined in some manner by the
contract between the Division and the location, the operator must comply with
the terms of that contract.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.7; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
SECTION .0700 ‑ EARNINGS: FUNDS: AND PROCEEDS
10A ncac 63c .0701 MINIMUM FAIR RETURN AND DEFINITIONS
(a) Operators may be guaranteed a fair minimum return as
determined by the Division after consultation with the Elected Committee of
Vendors.
(b) Definitions which apply to all of 10A NCAC 63C .0700:
(1) Net profits means the amount remaining
after subtracting the cost of goods sold and the operating expenses from the
gross revenues.
(2) Income means the net profit of the facility
less any funds which must be set aside.
(3) Net operating balance means the amount
remaining at the end of the calendar year after subtracting the income paid
year‑to‑date to the operator, from the income earned by the
operation of the facility.
(4) Fair minimum return is the amount
determined by the Elected Committee of Vendors and agreed upon by the Division
as the minimum monthly income to be received by any Business Enterprises
operator without regard to the profit or loss of the facility. Fair minimum
return shall not exceed an amount equal to the hourly Federal Minimum Wage
based on a 160-hour work month. This amount is applicable to all Business
Enterprises Operators regardless of the size or type of facility they currently
manage.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.8; 34 C.F.R. 395.9; 20 U.S.C. sec. 107;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; April 1, 1990; October 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. November 23, 2015.
10A ncac 63c .0702 SET‑ASIDE
(a) "Set‑aside" and "Net
Proceeds" are used as defined in 34 CFR 395.1.
(b) The Division shall set aside funds from the net
proceeds of each facility to be used for the purposes outlined in 34 C.F.R.
395.9.
(c) The set‑aside shall not exceed an amount
determined to be reasonable by the Commissioner of the Rehabilitation Services
Administration.
(d) Any set‑aside collected in excess of the amount
needed to cover the purposes in this Rule and in excess of any reasonable reserve
necessary to assure that such purposes can be achieved on a consistent basis,
shall be refunded on a pro rata basis at the end of the fiscal year.
(e) Set-aside rates may be adjusted to meet program goals
and objectives and shall be determined by the Division in conjunction with the
NC Commission for the Blind.
History Note: Authority G.S. 111‑12.5; 111‑13;
111‑27; 111-50; 143B-157; 34 C.F.R. 395.8; 34 C.F.R. 395.9; 20 U.S.C.
sec. 107;
Eff. February 1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; May 1, 1996; January 1, 1990; July
1, 1987; February 1, 1986; July 1, 1980.
10A ncac 63c .0703 DISTRIBUTION OF PROCEEDS
History Note: Authority G.S. 111‑27; 143B-157; 34
C.F.R. 395.4; 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Amended Eff. December
1, 1976;
Readopted Eff. November
16, 1977;
Amended Eff. August
1, 2002; May 1, 1996; April 1, 1990; October
1, 1978;
Expired Eff. December 1, 2015 pursuant to G.S.
150B-21.3A.
10A ncac 63c .0704 INCOME FROM VENDING MACHINES ON FEDERAL
PROPERTY
(a) Income from vending machines on federal property which
has been disbursed to the Division by a property managing department, agency,
or instrumentality of the United States under the vending machine income
sharing provisions in 34 CFR 395.32 shall accrue to each operator of the
Business Enterprises facility in an amount not to exceed the average net income
of the total number of blind operators within such state as determined each
fiscal year on the basis of each prior year's operation. Vending machine
income shall not accrue to any operator in any amount exceeding the average net
income of the total number of blind operators in the United States.
(b) No blind operator shall receive less vending machine
income than he 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 Business Enterprises facility, when such
facility is maintained, serviced, or operated by a blind operator. The
Division shall retain vending machine income disbursed by a property managing
department, agency, or instrumentality of the United States in excess of the
amounts eligible to accrue to blind operators.
(d) Vending machine income retained by the Division 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 operators, if it is so determined by a majority
vote of the licensed operators, after each operator has been furnished
information on all matters relevant to such purposes; any vending machine
income not necessary for such purposes shall be used for one or more of the
following: maintenance and replacement of equipment; purchase of new equipment;
management services, and assuring a fair minimum return to operators; and any
assessment charged to blind operators shall be reduced pro rata in an amount
equal to the total of such remaining vending machine income.
History Note: Authority G.S. 111‑27; 34 C.F.R.
395.14; 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August
1, 2002; February 1, 1986.
