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BEP Rules & Regs
| Question | Answer |
|---|---|
| After one has been selected to run a location, what 4 documents should be thoroughly reviewed? | Vendor Agreement; Operating Agreement; Inventory; Contract Permit. |
| What circumstances allow an operator to add equipment or make changes to a location? | Changes must have approval of BEP |
| What period of time are vendors required to manage a location before bidding for another one? | 183 calendar days |
| What is the selection process for an interim vendor? | BEP tries to refer at least three vendors to interview with the contracting agency. |
| What are valid reasons for the BEP to revoke or suspend an Operator's license? | 1. No longer meets eligibility requirements 2. Abandons property 3. Does not follow federal law, state law, or Health and Safety Codes 4. Does not personally manage facility. 5. Willfully destroys or fails to care for equipment. |
| A New Horizon loan may be used for what purpose? | To fund "Opening Bank" |
| What is the amount of money lent on a New Horizon loan? | $500 interest free |
| When must a New Horizon Loan be repaid? | Within two months |
| In which section of the Regulations is California Statue that describes the relationship and responsibilities of the BEP, the vendor, and the contracting agency? | Title 9 |
| How many applicants are necessary before requiring a formal Selection Committee? | Three |
| There are three processes in which a vendor can become a delegate of the CVPC. What are they? | 1. Be a vendor of a location. 2. Must nominate oneself; no other vendor may nominate a candidate. 3. Be elected by the vendors in his/her district. |
| When a BEP Operator employs a blind or other disabled employee, the Operator receives a financial benefit on the MOR. What is the benefit? | 10% reduction of wages off the set aside fee to the Vending Facility Trust Fund |
| How many panel members are on a Selection Committee? | Three |
| How long does a BEP Operator have to submit an appeal for an Administrative Review? | 15 days from action of BEP. |
| What may the money in the Vending Facility Trust Fund be used for? Part 1 of 2 | 1. Maintenance and replacement of equipment. 2. The purchase of new equipment. 3. The construction of new vending facilities. |
| What may the money in the Vending Facility Trust Fund be used for? Part 2 of 2 | 4. Funding the functions of the committee of blind vendors. 5. Retirement or pension funds, health insurance contributions or premiums, life insurance contributions or premiums. |
| What part of the Regulations describes the use of funds for the Vending Facility Trust Fund? | Title 9, California Code of Regulations Chapter 6, Article 7 Section 7221. |
| What are the requirements a person must meet in order to enter the BEP Program to become a licensed Operator? | 1. At least 18 years old. 2. A US Citizen 3. Legally blind 4. A client of the DOR |
| Who are the two persons that an Operator should consult with when establishing or raising prices in the operation? | Building Manager and BEC (who will confer with BEP Manager). |
| What is an Operating Agreement? | Agreement between vendor and BEP defining the basic terms and conditions for operating a vending facility. |
| What is a Licensee? | A vendor who has successfully completed the Vendor Training Program. |
| Who should be contacted regarding workers' compensation and liability insurance when establishing a new location? | State office of Insurance & Risk Management. Jeff Dierk, Risk Management Analyst. |
| After a BEP Licensee has been assigned a location, how is the initial stock purchase arranged? | The DOR counselor and the BEC work with the licensee to determine the type and amount of stock to be purchased. |
| How much funding is available to a BEP Operator for the initial stock purchase? | The amount is determined by the RC counselor. |
| What are the responsibilities of the BEP Operator regarding the initial stock purchase? | To make arrangements with the RC to encumber the funds. To ensure that the suppliers agree to accept an opening order from the DOR. |
| Who determines whether the licensee is required to financially participate in the purchasing of the initial stock? | The Vocational Rehabilitation Counselor of the licensee. |
| What acts of conduct by a vendor justifies cause for suspension or termination of a vendor’s license or operating agreement? Part 1 of 2 | 1.Conviction of fraud during licensure 2.Intoxication at the facility 3.Neglect of the duties required by regulations 4. Failure to file MOR's 5. Failure to submit to a medical examination |
| What acts of conduct by a vendor justifies cause for suspension or termination of a vendor’s license or operating agreement? Part 2 of 2 | 6. Using facility for unlawful activities 7. Using facility for purposes other than authorized in the Permit 8. Filing false or misleading MOR's 9.Allowing license to be suspended and not apply for reinstatement as stipulated. |
| What is a DR462? | Vending Facility Application |
| What reasons might cause an applicant not to be allowed to participate in a location selection committee interview? Part 1 of 2 | 1. Failure to provide all needed information on the DR462 2. Failure to submit DR462 by final filing date. 3. Not supplying all requested information. 4. Failure to operate current facility for at least 183 days without waiver by BEP Manager. |
| What reasons might casue an applicant not to be allowed to participate in a location selection committee interview? Part 2 of 2 | 5. Failure to appear at time and date for interview. 6. Failure to pass background check required by contracting agency. 7. Owes BEP money. 8. Has overdue MOR's |
| How many panel members are on a Selection Committee? | Three |
| The panel members on a Selection Committee are affiliated with which organization? | The contracting agency. (Building) |
| Which section of the Regulations is the Federal code? | Title 34, part 395 |
| What agencies are not required by law to offer space for a BEP facility? | City, county, privately owned agencies or any federal agency where the placement would adversely affect the interests of the United States. |
| Two types of insurance must be current at each location. What are they? | Workman's Compensation and Liability Insurance |
| If the DOR pays, or reimburses the individual, for the initial stock purchase, who owns the property (stock)? | The BEP until the individual's record of service is closed, or no later than six months after licensure as a BEP vendor. |
| If a vendor becomes incapacitated and unable to operate his facility, or supervise a manager, the BEP may place the facility into interim operation. True or False? | True. |
| Upon the death of a vendor, the vendor's license shall be deemed surrendered. True or False? | True. |
| Prior to the death, or immediately after the death of a vendor, the surviving spouse may operate the facility. True or False. | True, under certain conditions outlined in the Welfare and Institution Code, section 19641. |
| No set-aside fees shall be collected when the monthly net proceeds are less than $1,000. True or False? | True. |
| According to Regulations, what are the guidelines for the type of monetary compensation you are allowed to pay employees, including family members? | Reasonable, not excessive, wages that are comparable to similar positions within the geographical area of the facility. |
| In Regulations, the BEP Vendor is held personally responsible and accountable for which five obligations? (7220(f) 1-5) | 1.Comply with USDA health codes 2.Comply with Federal, state, and local laws 3.Establish & maintain good relations with occupants of building & provide services as described in permit. 5. Display required postings. |
| How long is a vendor allowed to be away from his/her facility? | Three days |
| When must a vendor obtain written approval to purchase equipment, and how long can that equipment be depreciated? | When purchasing an item that costs between $1,000 - $5,000; must use strait line depreciation for 12 months |
| If a BEP Vendor wishes to purchase a piece of equipment costing over $5,000, how must the approval be granted and how must the item be depreciated? | The BEP must give written approval to make the purchase and the BEP will tell the vendor how long the equipment may be depreciated. |
| A vendor wishes to add or delete an item for sale that is listed in the permit. What is the procedure to do this? | Submit a written request to BEP; BEP will negotiate with the building. |
| What is the penalty for a late MOR? | $75 or 15% of the set-aside charge, whichever is greater. |
| When does the BEP Manager have the authority to not charge a penalty for a late MOR? | Acts of nature that are beyond the vendor’s control or no negligence by vendor |
| What is the definition of Active Participation? | On going process of consultation between the Department of Rehabilitation and the CVCP in developing policies, standards, and procedures affecting the overall operation of the BEP prior to implementation. |
| What is the definition of Adequate Net Income? | Minimum projected net income of $3,300 per month to place a licensee or vendor in a newly established or previously established vending facility. |
| What is the definition of Applicant Review Panel? | A group of individuals who determines a blind person’s readiness to participate in the Vendor Training Program. |
| What is the definition of an Authorized Representative? | Any person or entity designated by the licensee or vendor to act on his or her behalf during an administrative review or a full evidentiary hearing. |
| What is the definition of a Blind Person? | Person having 20/200 central visual acuity or less in the better eye after correction, or a person with visual acuity greater than 20/200 but a limitation of vision so the widest diameter of the visual field subtends an angle 20 percent or less. |
| What qualifications must a professional possess to determine that a person is legally blind? | Must be a licensed physician and surgeon who specializes in diseases of the eye or a licensed optometrist. |
| What is the acronym for a Business Enterprises Consultant? | BEC |
| What is the definition of a Business Enterprises Consultant? | An individual employed by the Department to provide technical assistance to licensees and vendors in the operation of vending facilities within an assigned geographic area of California. |
| What is the acronym for the Business Enterprises Program for the Blind? | BEP |
| What is the definition of the Business Enterprises Program for the Blind? | The Department administered and operated program that licenses blind persons to operate vending facilities with a priority established by federal and state law federal and state property in California. |
| What is the definition of the Business Enterprises Program for the Blind Manager? | The individual employed by the Department to oversee the administration of the BEP. |
| What is the acronym for California Vendors Policy Committee? | CVPC |
| What is the definition of the California Vendors Policy Committee? | The biennially elected committee of licensed blind vendors who are fully representative of all licensed blind vendors in the BEP. |
| What is the definition of a Client-Trainee? | An individual who is eligible to participate in the BEP and who is enrolled in the Vendor Training Program. |
| What is the definition of Combining or Consolidation of Vending Facilities? | The act by which the Department combines or consolidates two or more sites into a vending facility. |
| What is the definition of Contracting Agency? | The person, governing board, or legislative body that owns, leases, rents, or otherwise controls or occupies a federal, state, or other property, with the authority to sign a Permit for the vending facility. |
| What is the definition of Department? | The Department of Rehabilitation. |
| What is the acronym for the Department of Rehabilitation? | DOR |
| Define: Deputy Director of the Division of Specialized Services for the Blind and Visually Impaired and the Deaf and Hard of Hearing. | The individual employed by the DOR who provides direct supervision to the Department’s blind and visually impaired programs. |
| What is the definition of Direct Competition? | The presence and operation of a vending machine or a vending facility on the same premises as a vending facility operated by a blind vendor (with one exception). |
| What is the exception pertaining to Direct Competition? | Vending facilities operated in areas where the majority of employees normally do not have direct access to the vending facility operated by a blind vendor. |
| Direct Competition, as defined, pertains only to facilities on land owned and managed by one entity. What type of properties are these? | Federally owned properties. |
| What is the definition of the Director? | Director of the Department of Rehabilitation unless stated otherwise. |
| What is the definition of a Disabled Employee? | An individual who has a physical or mental disability as defined by Government Code and has been certified by either a Rehabilitation Counselor or a licensed physician. |
| What is the definition of an Election Coordinator? | Any Departmental employee appointed by the Director, or an independent agent under contract with the Department, to conduct CVPC elections. |
| If a Department employee is appointed to conduct elections for the CVPC, how many other individuals are on the election panel? | Two, making a total of three members. |
| If the Director of the DOR appoints an employee of the Department to conduct CVPC elections, what qualifications must the remaining members of the panel meet? | Must be BEP vendors who are not nominees and are approved by the CVPC. |
| If the Director of the DOR appoints an outside entity to conduct CVPC elections, a three member panel is not necessary. True or False? | True |
| What is the definition of Equipment? | A machine, mechanical or electronic device, or appliance or fixture, that an individual operates or activates to perform a task, excluding assistive technology devices. |
| What is the definition of Executive Officers of the CVPC? | The Chairperson, the Vice-Chairperson, and the Secretary. |
| How are the Excecutive Offivers of the CVPC elected? | By a majority vote of the CVPC to serve a specific term. |
| What is the definition of Facility Number? | A unique number assigned by the BEP to designate each vending facility. |
| Only one facility number will be assigned regardless of whether it is comprised of one site, or two or more sites that have been combined or consolidated. True or False? | True |
| What is the definition of Federal Property? | Any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States. |
| What is the definition of Financial Averages? | BEP Profit and Loss Statewide Financial Averages for types of vending facilities developed by the BEP annually using information derived from the DR 478, Vendor’s Monthly Operating Report. |
| What is the definition of a Hearing Officer? | An individual who is: (A) Not a Department employee; and (B) An impartial individual who is qualified to conduct full evidentiary hearings and is experienced in the field of administrative law. |
| There are three categories of individuals who may conduct full evidentiary hearings. What are they? | 1. Hearing Officer. 2. Administrative Law Judge (ALJ) at the Office of Administrative Hearings (OAH) 3. Any other individual under contract with the Department to conduct full evidentiary hearings who is experienced in the field of administrative law. |
| What is the definition of In-Service Training? | Guidance, instruction, and direction designed to maintain and improve vendor skill levels necessary to operate a vending facility. |
| In-Service training is always provided in a classroom setting. True or False? | False. It may be provided to an individual vendor in his or her vending facility upon request, or in a classroom setting. |
| What is the definition of an Interim Facility Vendor List? | A list maintained by the Selection Coordinator that contains the names of licensees and vendors who have expressed an interest in operating an interim vending facility. |
| What is the definition of an Interim Vending Facility? | A vending facility that is operated on a temporary basis by a vendor, not to exceed six months, except if renewed for a period of time specified in writing by the BEP Manager. |
| What is the definition of a License? | the DR 468, Vending Facility License, issued by the Department, which authorizes a blind person to operate a vending facility on federal, state, or other property. |
| What is the definition of a Licensee? | A person who is eligible to participate in the BEP who has been issued a DR 468, Vending Facility License but who is not currently operating a vending facility. |
| What is the definition of a Manager? | Any individual employed by a vendor to operate the vendor’s vending facility during the vendor’s absence. |
| A manager is required to hold a license issued by the BEP. True or False? | False. A manager is not required to be a licensee. |
| What is the definition of Net Proceeds? | The amount remaining from the sale of articles, services, or other income accruing to a vendor after deducting the cost of such sale and other expenses (excluding set-aside fees) for the monthly reporting period. |
| What is the definition of Other Property? | Property owned or controlled privately or by any county, city, city and county, or other political subdivision. |
| What is the definition of Permit? | Any agreement between the BEP and the contracting agency which authorizes the establishment of a vending facility on property owned, leased, rented or otherwise controlled or occupied by the contracting agency. |
| What is the definition of Primary Site? | Site designated by the BEP as the main site of a vending facility that is comprised of two or more sites that have been combined or consolidated into a vending facility. |
| What is the definition of Probation? | The period of time in which a vendor has to correct deficiencies identified by the BEP. |
| What is the definition of a Satellite Site? | The secondary site or sites of two or more sites that have been combined or consolidated into a vending facility. |
| What is the definition of Secretary? | Secretary of the U.S. Department of Education |
| What is the definition of Selection Committee for Vending Facilities? | A group of individuals responsible for evaluating applicants and selecting a licensee or vendor to operate a vending facility. |
| What is the definition of Selection Coordinator? | BEP staff representative who facilitates and coordinates all facets of the selection process by which a licensee or vendor is chosen to operate a vending facility. |
| What is the definition of Set-Aside Fees? | Fees paid by vendors into the Set-Aside Fund established by the Department from the net proceeds generated by the vendor’s operation of a vending facility. |
| What is the definition of a Site? | An area that meets the requirements for a satisfactory site. A vending facility may be located on one site or, when two or more sites are combined or consolidated into a vending facility, on two or more sites. |
| What is the definition of State Property? | All real property, or part thereof, owned, leased, rented, or otherwise controlled or occupied by any department or other agency or body of this state. |
| What is the definition of a Supervising Business Enterprises Consultant? | An individual employed by the Department to provide direct supervision to one or more Business Enterprises Consultants (BECs) within an assigned geographic area of California. |
| What is the definition of Suspension of a Vendor’s License? | The license, which authorizes the vendor to operate a vending facility, has been made inactive for a specific period of time. |
| What is the definition of Suspension of a Vendor’s Operating Agreement? | The vendor’s operating agreement has been made inactive for a specific period of time. |
| What is the definition of Termination of a Licensee’s or Vendor’s License? | The license, which authorizes a licensee or vendor to operate a vending facility, is revoked. |
| What is the definition of Termination of a Vendor’s Operating Agreement? | The vendor’s operating agreement is revoked. |
| What is the definition of Training Instructor? | An individual employed by the Department to coordinate all aspects of the Vendor Training Program. |
| What is the definition of Unassigned Vending Machine Commissions? | The income received by the Department from vending machines operated on state property where there are no BEP vendors. |
| What is the definition of Vending Facility? | A business operated by a vendor, which is a single entity under one facility number issued by the BEP, excluding interim vending facilities. |
| What is the definition of a Cafeteria Facility? | A food service vending facility, which may include restaurants or food courts, providing a broad variety of foods and beverages prepared on or off the premises, including hot meals. |
| What is the definition of a Dry Facility? | A convenience store vending facility providing manual as well as automated dispensing of articles, prepackaged refreshments, gifts, souvenirs, sundry items, or services. |
| What is the definition of a Wet Facility? | Same as a dry facility, but also have plumbing to accommodate vending activities such as making coffee or providing fountain drinks. |
| What is the definition of a Vendor? | A person who is eligible to participate in the BEP who has been issued a DR 468, Vending Facility License, and who is currently operating a BEP vending facility. |
| What is the definition of Vendor Benefits? | Retirement or pension plans, health insurance, paid sick leave, and vacation time. |
| What is the definition of a Vendor-Trainer? | A BEP Vendor who is certified to conduct an on-the-job pre-entry evaluation as part of the assessment of an individual’s potential to operate a vending facility, and who provides on-the-job training to Client-Trainees in the Vendor Training Program. |
| What is the definition of the Vendor Training Program? | The training which is provided to a Client-Trainee to prepare him or her for licensure to operate a vending facility. |
| What is the definition of a Food Concession Vehicle? | A motorized or non-motorized vehicle providing manual dispensing of food, refreshments, or other items. |
| What is the definition of Cart Service? | A motorized or non-motorized vehicle providing manual dispensing of food, refreshments, or other items. |
| What is the definition of a Snack-bar Facility? | Super convenience or convenience store vending facility selling limited lines of refreshment and prepared food items. |
| What is the definition of a Vending Machine Facility? | Automated coin, currency, or debit card operated vending machine(s) dispensing food, refreshments, or other articles or services. Does not include US Postal machines, telephones, or sales of a recreational nature. |
| What is the definition of Vending Machine Commissions? | All commissions paid by commercial vending businesses that operate a vending facility in or on a site where the BEP has a right to establish a vending facility. |
| What is the definition of a Vendor’s Operating Agreement? | The written agreement between a vendor and the BEP establishing the terms and conditions for the operation of a vending facility. |
| What is the definition of a Working Day? | Monday through Friday, excluding holidays observed by the State of California. |
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