7 CCR 1105-1-9.404 - RESPONSIBILITIES [Rev. eff. 7/1/08]
STATE LICENSING AGENCY
The State Licensing Agency must act as prescribed in 20 U.S.C. § 107 et seq. and 34 CFR Part 395 et seq. and responsibilities are further delineated as follows and in policy.
The State Licensing Agency shall have the ultimate responsibility for the Business Enterprise Program. When the State Licensing Agency does not adopt written recommendations of the Colorado Elected Committee, it shall notify the Colorado Elected Committee. The State Licensing Agency will maintain operational procedures to secure the day to day function of the State Licensing Agency.
The following are responsibilities of the State Licensing Agency: The State Licensing Agency shall:
A. Cooperate with the Federal Secretary of
Education in applying the requirements of the Randolph-Sheppard Act in a
uniform manner (20 U.S.C.
§
107 et seq.)
B. Take effective action to carry out full
responsibility for the supervision and collaborative management of each
Business Enterprise Location in the program in accordance with its established
rules and regulations, this part, and the terms and conditions governing the
contracts, agreements, permits and Blind Operator Agreements. This includes the
removal of a Blind Operator from their awarded Business Enterprise Location,
Probation, Suspension, or Termination of Licenses in accordance with §
9.402.2.
C. Take diligent action to
enforce Blind Operator responsibilities, performance, and overall mission
compliance to include systematic analysis of financial and other performance
through evaluations and/or audits.
D. Submit promptly to the Secretary of
Education for approval a description of any changes in
1. The legal authority of the State Licensing
Agency,
2. Its rules and
regulations,
3. Blind Operator
Agreements,
4. Schedules for the
setting aside of funds,
5.
Contractual arrangements for the furnishing of services by a nominee,
6. Arrangements for carrying general
liability and product liability insurance, and
E. Survey sites in order to identify whether
they are satisfactory for a Business Enterprise Location in accordance with
20 U.S.C. §
107a(d) and provide a waiver
to the agency which has a non-satisfactory site, limiting the term and defining
the conditions of the waiver.
F.
Provide and train on documents provided upon request to any Blind Operator at
any time.
G. Submit to an
arbitration panel those grievances of any Licensed Blind Operator unresolved
after a full evidentiary hearing in accordance with
20 U.S.C. §§
107b(6) and
107d-1(a), upon
written receipt of such request by the Licensed Blind Operator or their
representative.
H. For each
Business Enterprise Location and for the entire Business Enterprise Program,
adopt accounting procedures and maintain financial and other records in a
manner necessary to provide detail as is sufficient to
1. Enable evaluation of performance
and
2. Comply with Secretary of
Education requirements
I. Provide financial reporting relevant to
Business Enterprise Program on at least a quarterly and annual basis, pursuant
to 20 U.S.C. §
1071b-1.1.
J. Protect and manage all State Assets
assigned to the Business Enterprise Program including purchase, transition, and
tracking.
K. Only use set-aside
funds for appropriate purposes, as identified in
20 U.S.C. §
1071b-3 and 34 CFR Part 395.8(c), and
manage set-aside in accordance with these rules §9.405.
L. Notify Blind Operators of the set-aside
schedule in accordance with these rule § 9.405.2.
M. Ensure any training services related to
any Blind Operator, which have been incorporated into the standardized or
individualized training curriculum, are provided to Blind Operators as
vocational rehabilitation services under the Rehabilitation Act of 1973
(Pub. L.
93-112 ), as amended. This is not limited to, but
includes personal and vocational adjustment, books, tools, and other training
materials.
N. Ensure the
opportunity for Active Participation in accordance with these rules
§9.403.
O. Attempt to resolve
day to day problems with Permit on-site official informally with awarded Blind
Operator of the Individual Business Enterprise Location ( 34 CFR Part 395.36(a)
).
P. Be solely authorized to
initiate repair calls.
Q. Further
establish in writing and maintain policies which have been developed with the
Active Participation in accordance with § 9.403.2 of these
rules.
R. Establish additional
procedures as necessary to assure that rules and policies have been explained
to each Blind Operator.
S.
Determine procedures through an internal document.
The following are responsibilities of the Blind Operator. The Blind Operator Shall:
A. Not assume duties exclusive to the State
Licensing Agency as listed in these Rules, § 9.404.
B. Conduct all business in a just and
truthful manner.
C. Be responsive
to communications received through modern means in order to responsibly manage
business. For example, electronic mail, delivered mail, phone recordings, and
other methods reasonably accessible to the blind.
D. Notify Business Enterprise Program of
1. Any litigations in which they is a party
defendant in a case that involves any services provided as a result of
participation in the Business Enterprise Program.
2. Complaints of alleged violations or legal
issues that could jeopardize a Business Enterprise Location permit or agreement
with property management, or jeopardize Business Enterprise Program's priority
under the Randolph-Sheppard Act.
3.
Facility and personal emergency and contact information, especially for legal
correspondence
4. Preferred
electronic and hard-copy reading format.
E. Submit a request for a full evidentiary
hearing in accordance with these rules, §9.413 , or after such hearing,
file a complaint with the Secretary in order to initiate an arbitration panel
if so desired, in accordance with
20 U.S.C. §
107d-1(a);
BLIND OPERATORS WHO ARE ASSIGNED/AWARDED BUSINESS ENTERPRISE LOCATION/S SHALL:
A.
Abide by all rules and regulations and program policies governing the operation
of the Business Enterprise Location.
B. Impress upon their employees the
importance of these Rules and the Blind Operator Agreement and shall be
responsible for the actions of their employees concerning relative to the
Business Enterprise Program.
C.
Actively engage in the management of the Business Enterprise
Location.
D. Be available for all
necessary visits to the facility and cannot assign, delegate, or subcontract
the totality of the Blind Operator duties to subcontractors or any other third
party.
E. Appear and manage, or
arrange for the management of, the Business Enterprise Location, or request an
exception in writing, and receive, prior approval by the State Licensing Agency
and approved by the State Licensing Agency.
F. Provide excellent service to the facility
and its customers, maintain a professional appearance, and act in a
professional manner while managing a Business Enterprise Program facility, or
engaging in related activities.
G.
Perform within any contract, permit, or agreement, as authorized or required by
the Business Enterprise Location's property management, franchise agreement,
management services agreement, state interagency agreement, or other. The Blind
Operator will actively initiate full understanding of such terms and conditions
and will communicate any developments which may have a negative impact on
professional relationships, the Business Enterprise Location, the reputation of
Business Enterprise Program, or the reputation of the Body of Blind
Operators.
H. Not engage in any
conduct that is detrimental to Business Enterprise Program's interest in the
Business Enterprise Location, its statutory priority, its permits or
agreements, or its equipment or other inventory.
I. Be responsible and financially liable for
the accurate and proper reporting of all
1.
Sales transacted through the Business Enterprise Location
2. Business Enterprise Program assets
entrusted to the Blind Operator
J. Ensure compliance with all laws applicable
in the operation of the associated business at all times.
K. Not engage in or permit harassment,
violent behavior, threat of violent behavior, intimidation, or other disruptive
behavior directed towards another Blind Operator, Business Enterprise Program
staff member, subordinate, client, customer, or property. Possession of weapons
is prohibited in or on any state or federal facility, including in
vehicles.
L. Self-report any felony
or misdemeanor arrest or charge.
M.
Comply with the provisions of CRS
8-17.5-101 et seq. and shall not
knowingly employ or contract with an illegal alien to perform work or enter
into a contract with a subcontractor that knowingly employs or contracts with
an illegal alien.
N. Acquire and
maintain all appropriate records and business licenses applicable to the
Business Enterprise Location.
O.
Allow Business Enterprise Program, the State, the federal government, access to
perform semi-annual evaluations, audits and/or inspections of records at any
time, to assure compliance with the State or federal government's rules and
regulations or to evaluate the Blind Operator's performance.
P. Comply with all reasonable requests made
in the course of an investigation by the Colorado Department of Labor and
Employment
Q. Furnish and give
access to all documents and reports for business operations at the Business
Enterprise Location, which are required by State or Federal
governments.
R. Implement, or
assist in the implementation of, the necessary systems, methods and controls
for tracking, monitoring, and reporting of vending machine sales.
S. Acquire merchandise, utensils, and
consumables as determined by Business Enterprise Program to be sufficient to
satisfactorily maintain the facility (beyond initial inventory), in accordance
with the Business Enterprise Program Inventory Policy and Process and with CRS
§ 24-30 202.4 regarding State Collections.
T. Not neglect, abuse, or relocate State
owned equipment and manage it according to manufacturer
recommendations.
U. Be responsible
for the payment of required business licenses, business insurances,
communications products, and consumable inventory (beyond initial inventory),
and business needs not otherwise provided for.
V. Submit, in accordance with the prescribed
schedule and method per these rules §§ 9.405.2 and 9.406
1. The standardized monthly financial turn-in
Report ("Turn-in") to the Business Enterprise Program.
2. The set-aside payment to the Business
Enterprise Program per these rules.
3. Timely payments to repay the services
established by Business Enterprise Program on behalf of the Blind
Operator.
4. Items which must be
returned upon the transition out of the Business Enterprise Location according
to the Blind Operator Agreement.
W. Pay all Debts associated with
participation in the Business Enterprise Program (including to vendors of the
facility/business operation), timely.
X. Give a minimum 30 day notice to the
Business Enterprise Program of intention to vacate or discontinue managing the
awarded/assigned Business Enterprise Location on a daily business.
Y. Understand that if they vacate,
discontinue managing, or are the subject of an enforced removal, they may be
held responsible for costs incurred as a result of the transition.
Z. Vacate facilities in an acceptable
condition, conducive to an immediate transition between Blind Operators with no
closure time required solely due to the physical condition of the Business
Enterprise Location.
Notes
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