Authority: IC 12-9-2-3
Affected: IC 12-9-1-1; IC 12-12-1-2; IC 12-12-5; 20 U.S.C. 107; 34 CFR 395.1
Sec. 2.
The following definitions apply throughout this rule:
(1) "Abandoned" means that a BEP facility is unattended or unoperated after an operator has failed to:
(A) notify the state licensing agency of the operator's absence; and
(B) meet contractual obligations for the facility, including the requirement for continuous operation.
(2) "Active participation" means an ongoing process of good faith negotiation between the state licensing agency and the Indiana elected committee of licensed managers to achieve joint planning of:
(A) rules;
(B) policies;
(C) standards; and
(D) practices;
prior to implementation by the state licensing agency. Active participation shall not supersede the final authority of DDRS to adopt program policy and to administer the BEP.
(3) "Agreement" means a written contract between the state licensing agency and an operator for the operation of a BEP facility.
(4) "Applicant" means a person who has:
(A) applied; or
(B) been referred;
to the BEP, but who has not been accepted as a manager trainee.
(5) "BEP facility" means any business opportunity entered into by the state licensing agency for operation in the BEP.
(6) "Blind and visually impaired services" or "BVIS" means the unit of services for the blind and visually impaired, established in IC 12-12-1-2(1) as a unit of the rehabilitation services bureau of DDRS, family and social services administration.
(7) "Business days" means regular business days recognized by the state. The term does not include:
(A) Saturday;
(B) Sunday;
(C) legal holidays as defined by state statute; or
(D) a day when state offices are closed during regular business hours.
(8) "Business enterprise program" or "BEP" means the Indiana Randolph-Sheppard Business Enterprise Program authorized by 20 U.S.C.
107 and IC 12-12-5.
(9) "Custodial authority" means the person or entity authorized to contract for the services at a site or facility.
(10) "Director" means the director of DDRS.
(11) "Division of disability and rehabilitative services" or "DDRS" means the division of disability and rehabilitative services established in IC 12-9-1-1.
(12) "Federal property" means any building, land, or other real property owned, leased, or occupied by any:
(A) department;
(B) agency; or
(C) instrumentality; of the United States.
(13) "Indiana elected committee of licensed managers" means the Indiana committee of licensed managers established pursuant to 20 U.S.C.
107b-1.
(14) "Legal blindness" or "legally blind" means either of the following:
(A) Visual acuity of not more than 20/200 in the better eye with best corrective lenses.
(B) A limitation to the field of vision in the better eye such that the widest diameter of visual field subtends an angle of not greater than twenty (20) degrees.
(15) "License" means a written instrument that:
(A) is issued by DDRS to a blind person; and
(B) authorizes that person to operate a BEP facility as a licensed manager under this rule.
(16) "Licensed manager" means an individual who has a license issued by DDRS to operate a BEP facility under this rule.
(17) "Management services" means:
(A) supervision;
(B) inspection;
(C) quality control;
(D) consultation;
(E) accounting;
(F) regulating;
(G) in-service training; and
(H) other related services;
provided by the state licensing agency on a systematic basis to support and improve the operations of BEP facilities. The term does not include those services or costs that pertain to the ongoing operation of an individual BEP facility after the initial establishment period.
(18) "Manager" means a licensed manager.
(19) "Manager trainee" means a blind individual who has:
(A) applied for and been found eligible for vocational rehabilitation services; and
(B) been accepted for training in the BEP;
but who has not received a license from the state licensing agency.
(20) "Net proceeds" means gross sales less the allowable expenses set out in section 34 of this rule that an operator has paid for the operation of the BEP facility, excluding any salary paid to the operator.
(21) "Operator" means a:
(A) licensed manager;
(B) manager trainee; or
(C) temporary operator;
who has an agreement with the state licensing agency to operate a BEP facility.
(22) "Other property" has the meaning set forth in 34 CFR
395.1(n).
(23) "Permit" means the official approval given to the state licensing agency by a department, agency, or instrumentality in control of the:
(A) maintenance;
(B) operation; and
(C) protection;
of federal property, or person in control of other property, whereby the state licensing agency is authorized to establish a BEP facility under 20 U.S.C. 107.
(24) "Placement list" means an index of:
(A) licensed managers; and
(B) manager trainees;
eligible to bid on an available BEP facility.
(25) "Primary facility" means a licensed manager's BEP facility location with the greatest amount of gross sales as determined annually on September 30 of the most recently complete federal fiscal year.
(26) "Probationary period" means the period of time from a manager trainee's placement at a permanent BEP facility until the manager trainee is licensed under this rule.
(27) "Seniority" means the following:
(A) For a licensed manager, seniority:
(i) is determined from the date of completion of the licensed manager's probationary period; and
(ii) continues to accrue as long as the licensed manager:
(AA) holds a valid agreement with the state licensing agency to operate a BEP facility; or
(BB) has been displaced through no fault of their own.
(B) For a manager trainee, seniority is determined from the date that BVIS received the manager trainee referral from vocational rehabilitation services.
(28) "Set-aside funds" means funds accruing to the state licensing agency from:
(A) a uniform assessment against the net proceeds of assigned BEP facilities; or
(B) vending machines on federal property under 34 CFR
395.8.
(29) "State licensing agency" means DDRS.
(30) "Temporary operator" means:
(A) a licensed manager;
(B) a manager trainee; or
(C) any sighted or blind person;
who enters into an agreement with the state licensing agency to operate a BEP facility on a temporary basis when a licensed manager or manager trainee is not available.
(31) "Ultimate authority" means the director of DDRS.
(32) "Valid agreement" means a contract entered into by:
(A) a licensed manager; and
(B) the state licensing agency;
to operate a permanent BEP facility.
(33) "Vocational rehabilitation services" means the unit of vocational rehabilitation established in IC
12-12-1-2 (2) as a unit of the rehabilitation services bureau in DDRS.
Any language not defined in this section shall be defined by the state licensing agency and the Indiana elected committee of licensed managers.
