Alabama Administrative Code Chapter 795-7-7 — Set-Aside Funds

795 Alabama Division of Rehabilitation Services

Ala. Admin. Code r. 795-7-7-.01 Method Of Determination

(1) The SLA, with participation of the Elected Committee of Blind Vendors, shall establish a method for assessing set-aside funds from net proceeds of a facility. Each vendor shall set aside a specified percentage of the net proceeds. Such funds shall be deposited monthly into the set-aside fund. The SLA and the Elected Committee of Blind Vendors will review periodically the status of set-aside funds and the specified percentage assessed against net proceeds of BEP facilities.

(2) The set-aside assessment defined as a percentage of net proceeds shall be determined annually by January 1 of each year to ensure the retention of reasonable reserves to adequately support and develop BEP.

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. 795-7-7-.02 Purpose Of Funds

The primary purpose of set-aside funds is to provide for ongoing BEP administration, technical services, program development, and certain items that impact the well being of each vendor participating in the program.

(a) The following are authorized uses of set-aside funds:

1. Maintenance and replacement of equipment;

2. Purchase of new equipment;

3. Management services; and

4. Assuring a fair minimum return to vendors.

(b) Set-aside funds may be utilized for the establishment and maintenance of a retirement program, health insurance contributions, and provisions for paid sick leave. The SLA shall provide information on all matters related to proposed set-aside purposes to the elected committee, vendors, and temporary operators. The use of set-aside funds for the purposes of this paragraph shall be determined by a majority vote of licensed vendors and licensed temporary operators managing a BEP facility at the time of the vote. The use of set-aside funds for these items shall be contingent upon the availability of funds and SLA approval.

(c) The SLA shall make provisions for a vacation payment annually on July 15 of each year. Vacation payments shall be made to licensed vendors and licensed temporary operators meeting the eligibility criteria for vacation pay. Vacation pay will be equal to the current federal minimum wage for one 40-hour week.

(d) Eligibility for vacation pay includes all licensed vendors and licensed temporary operators with 12 months of continuous operation of a BEP facility prior to July 1 of each year. Licensed vendors and licensed temporary operators shall be current with their set-aside, escrow payments and liability insurance and be in compliance with all other requirements of BEP. Any vendor in arrears to the set-aside, escrow fund or liability insurance on July 1 of each year shall not be eligible to receive vacation pay for that year.

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. 795-7-7-.03 Records - Financial Reports And Set-Aside Assessments

(1) The SLA shall provide a financial report to the Elected Committee of Blind Vendors on a quarterly basis. Financial reports shall identify revenue, expenditure and balance information for the accounts that are maintained for the purposes of supporting the BEP. The SLA shall maintain adequate records to support the revenue, expenditure and balance information for the accounts that are maintained for the purposes of supporting BEP.

(2) Vendors shall submit a copy of their monthly financial report to their BEP representative by the 20th of each month following the previous month of operation. Monthly financial reports with the proper amount due the set-aside and escrow fund shall be submitted to the BEP accounting section by the 20th of each month. Reports received after the last day of the month with improper amounts due or without payment to the set-aside or escrow fund are considered delinquent. Financial reports and/or amounts due the set-aside or escrow fund that remain delinquent 90 days shall be considered seriously delinquent. The BEP representative will arrange a mandatory meeting with the assistant commissioner and BEP director. The purpose of this meeting will determine the vendor’s continued participation in the BEP program and may be cause for removal from one's assigned 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.