Oregon Secretary of State

Commission for the Blind

Chapter 585

Division 15
BUSINESS ENTERPRISE PROGRAM RULES

585-015-0040
Vending Machine Income from Federal Property

(1) Vending machine income from federal property which is retained by a State Licensing Agency shall be used by such agency for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind vendors in such State, if it is so determined by a majority vote of blind vendors licensed by the State licensing agency, after such agency has provided to each such vendor information on all matters relevant to such purposes. Any vending machine income not necessary for such purposes shall be used by the State licensing agency for the maintenance and replacement of equipment, the purchase of new equipment, management services, and assuring a fair minimum return to vendors. Any assessment charged to blind vendors by a State licensing agency shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

(2) In the event the Agency receives income from vending machines on federal property which may or may not be in direct competition with a licensed manager, the Agency will be guided by 34 CFR § 395.32 in distributing any such funds to a licensed manager. Any funds not distributed to a licensed manager shall be used by the Agency in accordance with 34 CFR § 395.8 to pay for the managers’ benefits package.

(3) VENDING MACHINE INCOME FROM STATE AND OTHER PROPERTY - In the event the Commission collects and retains vending machine income from state and other properties that is not in direct competition with a vending facility manager, the funds shall be expended as described in OAR 346.

Statutes/Other Implemented: 34 CFR § 395 & ORS 346.510 to 346.570
History:
CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017


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