3304:1-21-01. Definitions

The following terms are used throughout Chapter 3304:1-21 of the Administrative Code.

(A) "Accessible Format" is providing information, forms, BE computer programs, and reports to all licensees in the format/media they have requested and on file with BE, including but not limited to regular print, large print, Braille, or electronic media.

(B) "Active Participation" is when the bureau of services for the visually impaired (BSVI) and the Ohio vendors representative committee (OVRC) meaningfully collaborate on major administrative decisions and policy and program development decisions affecting overall administration of Ohio's vending facility program pursuant to 34 CFR 395.14, as published in the July 1, 2015 Code of Federal Regulations, and rule 3304:1-21-12 of the Administrative Code.

(C) "Agent" is any individual or entity that BE authorizes to carry out a responsibility under division 3304:1 of the Administrative Code.

(D) "Blind/legally blind" is a physical condition in which the central visual acuity is not more than 20/200 in the better eye with correcting lenses; or in which the visual acuity with proper correction, if better than 20/200, is accompanied by a limit 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 as defined in division (B) of section 3304.28 of the Revised Code.

(E) "BSVI" (i.e., bureau of services for the visually impaired) or "bureau," is the designated Ohio agency responsible for implementing the provisions of the Randolph-Sheppard Act and its amendments and sections 3304.28 to 3304.35 of the Revised Code in addition to the purpose outlined in paragraph (B) of rule 3304-1-01 of the Administrative Code. "Opportunities for Ohioans with Disabilities" ( OOD) is the agency responsible for overseeing BSVI.

(F) "Bureau-grantor agreement" (BGA) is the signed agreement between BSVI and grantor for a business enterprise (BE) facility.

(G) "Bureau-operator agreement" (BOA) is a signed permanent agreement between BSVI and the operator of a facility.

(H) "Bureau-temporary operator agreement" (BTOA) is a signed temporary agreement between BSVI and the operator of a facility for a limited period of time which is designated in the agreement.

(I) "Business Enterprise area manager" is the BSVI employee who reports directly to the BE program manager of BSVI or the director's designee and is the principal field manager for the BE program in an assigned area of the state.

(J) "Business Enterprise program" (BE) is the program within BSVI responsible to carry out the provisions pursuant to 34 CFR 395 of the Randolph-Sheppard Act, sections 3304.28 to 3304.35 of the Revised Code, and paragraph (F)(1) of rule 3304:1-21-12 of the Administrative Code.

(K) "BE manager" is the BSVI staff person who reports directly to the director of BSVI and shall direct and monitor the operation of the business enterprise program, its staff and its funds statewide, recommend and institute changes in the program, enter into settlements when appropriate, and perform such other duties as required by the BSVI director.

(L) "Business Enterprise rules" is the complete set of administrative rules governing the BE, which have been promulgated in accordance with section 119.03 and set forth in Chapter 3304. of the Revised Code.

(M) "Business Enterprise Specialist" (BES) is the BSVI employee assigned to provide consulting services to the operator to maximize efficiency, income and performance.

(N) "Criminal Activity" is conviction of, plea of guilty or no-contest to, or a judicial finding in any jurisdiction of a felony , a crime of moral turpitude or a crime involving fraud or deceit in procuring or attempting to procure a license.

(O) "Designee" is a BE staff member knowledgeable in BE and authorized by BE to carry out a responsibility or task.

(P) "Discipline" is a denial, revocation, or suspension of the license.

(Q) "Displaced operator" is an operator under a permanent BOA whose facility has been temporarily closed, or whose net facility sales have been temporarily reduced by at least fifty per cent, for more than two weeks due to remodeling or by extraneous circumstances such as strike or disaster. In such cases, the operator shall be considered a "Displaced operator" only for the duration of the temporary closure or temporary reduction. Should a facility be permanently closed the operator shall be considered displaced for six months after closure. A displaced operator may receive a fair minimum return payment.

(R) "Electoral district" is any one of the seven geographical areas as defined by the bureau from which representatives and alternates of the Ohio vendors representative committee (OVRC) are elected to equitably represent the operators.

(S) "Facility" is automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and other appropriate auxiliary equipment which may be operated by licensees who are blind which is necessary for the sale of newspapers, periodicals, confections, tobacco products, food, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises, including the vending or exchange of chances for the state lottery and as otherwise defined in 34 CFR395.1(x), as published in the July 1, 2015 Code of Federal Regulations. A facility may consist of one or more sites as determined by BE.

(T) "Facility announcement" is a notice announcing a current or forthcoming permanent operator position available in an existing or newly developed BE facility.

(U) "Federal Fiscal Year" (FFY) is the time period beginning October first and ending September thirtieth.

(V) "Federal property" is property as defined in 34 CFR 395.1 (g), as published in the July, 1 2015 Code of Federal Regulations.

(W) "Governmental property" is defined as division (C) of section 3304.28 of the Revised Code.

(X) "Grantor" is the person or entity who is responsible for the property housing a BE facility.

(Y) "Grantor required payment" is any fee, assessment or other financial obligation as assigned to the operator by BOA/BTOA.

(Z) "Inventory adjustment charge" is reimbursement to BE or operator resulting from a difference between the value of facility goods on hand at the time of the closing inventory and the value of BE provided inventory.

(AA) "License" is a written document issued by BE to a person authorizing such person to operate a facility on federal or other property.

(BB) "Licensee" is any person licensed by BE to operate a facility.

(CC) "Ministerial decision" is a decision which has no material impact on the nature, quality or quantity of service provided to BE licensees, and will not adversely impact opportunities for licensees. Ministerial decisions only involve matters as to which no active participation with the OVRC is required pursuant to rule 3304:1-21-12 of the Administrative Code.

(DD) "Monthly Operating Report (MOR)" is facility financial information as submitted monthly by the facility operator and consists of all sales, sales tax collected, discounts, gifts, rebates, federal vending machine income as described in CFR 34, 395.32, as published in the July 1, 2015 Code of Federal Regulations, income from subcontracted facility sales, promotional considerations, and bonuses, either monetary or in kind, stock purchased, business related expenses, employee wages, draw, stock and supply inventory, and business cash on hand, which the operator has the power to obtain and control the disposition thereof, accrued from operation of a facility.

(EE) " Opportunities for Ohioans with Disabilities" ( OOD) is the state agency responsible for helping people with disabilities seek and retain substantial gainful employment in Ohio.

(FF) "Ohio Vendors Representative Committee" (OVRC) is the group of operators elected from their respective districts in accordance with rule 3304:1-21-12 of the Administrative Code.

(GG) "Operator" is a licensee authorized to operate a facility through a signed BOA and/or bureau temporary operator agreement (BTOA).

(HH) "Other Expenses" is expenditures on the daily cash report as defined in appendix A to this rule.

(II) "Professional Manner" is exemplifying methods, character, and standards of a business person, which includes demonstrating sound fiscal management practices.

(JJ) "Records Review" is the review of records as prescribed by BSVI. The review pertains to the operation of a BE business and includes financial information regarding sales, sales tax collected, discounts, gifts, rebates, federal vending machine income as described in 34 CFR395.32, as published in the July, 1 2015 Code of Federal Regulations, income from subcontracted facility sales, lottery commissions, promotional considerations, and bonuses, either monetary or in kind, stock purchased, business related expenses, employee wages, draw, stock and supply inventory, and business cash on hand.

(KK) "Regular Meeting" is any prearranged gathering of the OVRC and BE by a majority of its' members to discuss public business. A schedule of regular meetings including dates and times will be set in July of each year.

(LL) "Seniority" is the time the licensee accrues beginning on the date BE issues the license or the date pursuant to the earliest documentation establishing participation in the Ohio BE.

(MM) "Service charge" is the total of the fee assessed by BE upon the operator's net monthly proceeds and may include penalty charges, as well as co-payment for maintenance and repair labor charges.

(NN) "Site" is a business location suitable for vending, determined to not have sufficient gross sales to exist as an independent BE Facility.

(OO) "Special Meeting" is any meeting other than a regular meeting when notice is provided pursuant to paragraph ( F) of rule 3304:1-21-12 of the Administrative Code.

(PP) "State property" is defined in division (C) of section 3304.28 of the Revised Code.

(QQ) "Vacant Facility" is a suitable vending location without a licensee permanently assigned, or for which BE has notice of an operator's pending departure.

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Effective: 1/1/2016
Five Year Review (FYR) Dates: 09/17/2015 and 01/01/2021
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.293304.303304.34
Prior Effective Dates: 3/21/79, 5/1/83, 6/1/88, 1/12/90, 11/1/93, 10/4/99, 10/1/06, 1/1/10