Alabama Administrative Code Chapter 795-7-2 — License

795 Alabama Division of Rehabilitation Services

Ala. Admin. Code r. 795-7-2-.01 Licensing Requirements

(1) The SLA shall issue licenses to blind persons who are in need of employment and who are determined to be:

(a) legally blind as defined in applicable federal regulations; and

(b) a citizen of the United States; and

(c) a domiciled resident of the state of Alabama; and

(d) at least the age of majority, as determined by Alabama law; and

(e) qualified to manage a BEP vending facility as evidenced by having successfully completed entry-level training at E. H. Gentry Facility or an equivalent level of training approved by the SLA.

(2) A valid license must contain the date of initial training completion and be signed by the commissioner of the SLA. A license issued to a blind person is not assignable or transferable.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000. Amended: Filed March 6, 2017; effective April 20, 2017.

Ala. Admin. Code r. 795-7-2-.02 Licensee List

(1) The SLA shall have the responsibility for maintaining a current licensee list and shall provide a copy to the secretary of the Elected Committee of Blind Vendors.

(2) The list shall contain the names of all active licensees.

(3) The SLA shall rank all licensees on the licensee list. Each licensee shall be ranked by his or her initial training completion date. If two or more licensees have the same training completion date, the final exam score achieved in training shall be used for ranking purposes. Should a tie exist after using the licensees training completion date and final exam score a flip of a coin shall be the method utilized to break a tie for selection purposes.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000.

Ala. Admin. Code r. 795-7-2-.03 Probation

A probationary period is established to provide vendors the opportunity to gain knowledge and experience related to facility operations. Each vendor shall serve a probationary period of 180 days for each facility from the first business day of his/her assignment to a permanent BEP facility.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000. Amended: Filed March 6, 2017; effective April 20, 2017.

Ala. Admin. Code r. 795-7-2-.04 Removal From A BEP Facility, Suspension, Or Termination Of License

(1) The SLA shall issue licenses for an indefinite period. Licensees, temporary operators, and vendors are subject to removal, suspension, or termination. Suspension or termination of a license shall occur only after affording the vendor an opportunity for a full evidentiary hearing. If the vendor is dissatisfied with the full evidentiary hearing decision, he/she may request that a federal arbitration panel be convened by filing a complaint with the Secretary of the United States Department of Education. Removal, suspension, or termination may occur should the SLA find that the vending facility of a licensee, temporary operator, or vendor is not operated in accordance with:

(a) licensing requirements,

(b) the rules and regulations governing the program,

(c) federal regulations governing the program,

(d) the terms and conditions of the permit,

(e) the terms and conditions of the operating agreement,

(f) state law, the violation of which may result in physical harm to customers of the facility, the department, or the vendor;

(g) regulations of other state of Alabama and federal agencies that have regulatory authority directly related to the operation of a BEP facility; and

(h) rules prohibiting the use of alcoholic beverages or illegal drugs while on duty.

(2) The suspension or termination of a license may be brought about by deterioration of the relationship between the grantor and the vendor that results in the grantor requesting removal of the vendor in order for the facility to remain a part of BEP.

(3) The termination or suspension may result from failure of a vendor to fully disclose a felony conviction(s) that occurs during the time he or she is assigned a facility. Licensees shall disclose any present or past felony conviction(s) to the SLA. The SLA will not disclose this information unless it is a condition of placement involving a security clearance or grantor requirement.

(4) The SLA may take action to remove vendors from their facility who become seriously delinquent in the submission of BEP 1-E monthly financial reports and corresponding set-aside assessments due the set-aside fund, and escrow funds due the SLA escrow account for initial stocks, supplies or petty cash as defined by 795-7-6-.03 and the commissioner of ADRS.

(5) Licensees, temporary operators and vendors whose license has been suspended or terminated shall return said license to the SLA within 15 days of suspension or termination.

(6) Additionally, the SLA may suspend or terminate a license after affording the vendor an opportunity for a full evidentiary hearing for:

(a) Improvement of vision such that the vendor no longer meets the definition of blind person as defined by applicable federal regulations. In order to ensure compliance, vendors may be required to undergo an ophthalmologic examination. The SLA shall approve the exam provider and costs for such an exam shall be the responsibility of the SLA.

(b) Voluntary withdrawal of the vendor from the program upon written notification.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000.

Ala. Admin. Code r. 795-7-2-.05 Reinstatement Process

Individuals, other than those displaced at no fault of their own, seeking reinstatement with BEP, must complete in order the following steps:

(a) Individuals who seek reinstatement as a permanent vendor in good standing with the full rights and privileges thereof to include the bidding on a permanent facility shall repay all financial obligations and file all appropriate reports due BEP.

(b) Individuals unable to repay their outstanding debt due BEP who were not removed for General Rules violations may seek reinstatement to perform a temporary assignment. The seniority review committee will evaluate reinstatement requests of this type on an individual basis and submit their written recommendations to the BEP director. The BEP director and the assistant commissioner will make the final determination.

(c) Complete a face-to-face interview with the BEP director and the assistant commissioner for BEP, and complete an individualized reinstatement plan that may include a consultation with the E.H. Gentry training specialist and the completion of an individualized training program at the E.H. Gentry Facility as required after an evaluation of skills.

(d) Seniority for a reinstated vendor shall begin on the first business day of their first permanent BEP facility assignment after reinstatement. Any seniority accruing to the vendor prior to reinstatement shall be lost.

History

• Author: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors
• Authority: Code of Ala. 1975, §§21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.
• New Rule: Filed January 19, 2000; effective February 23, 2000. Amended: Filed June 9, 2006; effective July 14, 2006. Amended: Filed March 6, 2017; effective April 20, 2017.