Conn. Agencies Regs. § 10-303-2 - Definitions

(a) Except as otherwise required by context, the following definitions shall apply:

(1) "Abandonment" means:

(A) a vendor's voluntary leave from the vending facility without having given three days' prior notice to the board of his intent to take such leave; or

(B) a vendor's involuntary leave from the vending facility without having given reasonable notice to the board as soon as possible after learning of the necessity to take such leave.

(2) "Act" means the Randolph-Sheppard Vending Stand Act, 20 USC 107 as amended from time to time.

(3) "Active Participation" means to actively participate with the board in major administrative decisions, policies and program development decisions affecting the vending facility program.

(4) "Administrative Review" means an informal proceeding in which the legal rights, duties, or privileges of a licensed vendor are determined.

(5) "Blind Licensee" means a blind person licensed by the board of education and services for the blind to operate a food service facility or vending facility on federal or private property or property owned, operated or leased by the state or any municipality therein.

(6) "Blind Person" - the definition provided by Section 10-294a of the General Statutes shall apply.

(7) "Board" refers to the board of education and services for the blind.

(8) "Cafeteria" means a food dispensing facility capable of providing a broad variety of prepared foods and beverages, (including hot meals), primarily through the use of a line where the customer serves himself from displayed selections. A cafeteria may be fully automatic or some limited waiter or waitress service may be available and provided within a cafeteria and table or booth facilities are always provided.

(9) "Direct Competition" means the presence and operation of a vending machine or vending facility on the same premises as a vending facility operated by a blind vendor except that vending machines or facilities operated in areas serving employees, the majority of whom normally do not have access to the blind vending facility shall not be considered in direct competition with the blind vending facility.

(10) "Division of Industries" refers to the organizational unit of the board which has been designated to administer the vending facility program.

(11) "Dry/Wet Facility" means all facilities which are not included under the other three (3) types of facilities (cafeteria, snack bar, vending machine), normally merchandising for off-premises consumption of a variety of articles, refreshment items and services which are dispensed manually by the vendor and, in certain instances, by vending machines.

(12) "Equipment" means those occupational fixtures, furnishings, machinery, tools and accessories required in the operation of a small business. Equipment is characterized as having a relatively long life and the capacity to be used repeatedly to furnish a service or services.

(13) "Executive Director" refers to the executive director of the board.

(14) "Federal Property" means any building, land or other real property owned, leased or occupied by any department, agency or instrumentality of the United States (including the department of defense and the United States postal service).

(15) "Full Evidentiary Hearing" means a proceeding in which the legal rights, duties and privileges of a licensed vendor are determined after an adverse decision based on an administrative review of the action with which the vendor is dissatisfied.

(16) "Hearing Officer" means an impartial qualified official who has had no involvement with the board's action which is at issue or with the administration or operation of the vending facility program.

(17) "Initial Stock and Supplies" means those merchantable items or supplies authorized by the permit and necessary to establish a vending facility program under the Randolph-Sheppard Act, including additional items necessary for the operation of a location, if the character or type of facility is changed substantially.

(18) "License" means a written instrument issued by the board to a blind person, authorizing such person to operate a vending facility on federal, state or other property.

(19) "Maintenance of Equipment" means all repairs necessary to keep equipment operational such as purchase of a new motor for refrigerator, replacement of glass in a showcase or finishing and painting counters, shelving or shelters.

(20) "Management Services" means 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. "Management services" does not include those services or costs which pertain to the on-going operation of an individual facility after the initial establishment period.

(21) "Net Proceeds" means the amount remaining from the sale of articles or services of vending facilities and any vending machines or other income accruing to blind vendors after deducting the cost of such sale and other expenses, excluding expenses which may be required to be paid by such blind vendors.

(22) "Normal Working Hours" means an eight hour work period between the hours established in the operating agreement.

(23) "Permit" means the official approval given to the board as defined in Section 10-303(a) of the General Statutes.

(24) "Program" means all the activities of the board related to vending facilities on federal, state, municipal and other property.

(25) "Promotional Subcommittee" means a body consisting of a minimum of three members of the state committee of blind vendors appointed by the elected chairperson.

(26) "Review Officer" means an impartial member of the board's administrative staff who has not participated in the action which is at issue and who has been designated by the executive director to conduct an administrative review.

(27) "Satisfactory Site" means an area fully accessible to vending facility patrons and having:

(A) a minimum of 250 square feet available for the vending and storage of articles necessary for the operation of a vending facility or smaller than the minimum size with approval of the division of industries; and

(B) sufficient electrical, plumbing, heating and ventilation outlets for the location and operation of a vending facility in accordance with applicable health laws and building codes.

(28) "Secretary" means the United States secretary of education.

(29) "Snack Bar Facility" means a facility engaged in selling limited lines of refreshment and prepared food items necessary for a light meal service including establishments which sell food and refreshment items prepared on or off the premises and usually wrapped in containers at the point of sale.

(30) "State Licensing Agency" means the board of education and services for the blind as the state agency designated by the state of Connecticut and by the United States secretary of education to issue licenses to blind persons for the operation of vending facilities in federal and other property.

(31) "State Property" means any building or property owned, operated or leased by the state.

(32) "Transportation" means necessary travel for the purpose of conducting business of the board or to participate in an administrative review.

(33) "Vending Facility" means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters and such other appropriate auxiliary equipment which 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 chances for any lottery authorized by state law and conducted by an agency of the state.

(34) "Vending Facility Operating Agreement" means the formal written contract between the vendor and the board which sets forth the terms and conditions governing the issuance of a license and the operation of the vending facility.

(35) "Vending Machine" means a coin or currency operated machine which dispenses articles or services, except those machines operated by the United States postal service for the sale of postage stamps or other postal products and services located on postal service property.

(36) "Vendor" means a blind licensee who is operating a vending facility on federal, state, municipal or other property.

(37) "Vocational Rehabilitation Services" means those services as defined in Section 10-306-2(53) of Connecticut regulations.

Notes

Conn. Agencies Regs. § 10-303-2

Effective July 23, 1987