Preliminary Draft Text
22VAC45-40-10. General.
This chapter is promulgated by the Department for the Visually
Handicapped Blind and Vision Impaired (DBVI) to clarify and
establish the responsibilities of state and local agencies as they relate to persons
who are blind and visually handicapped persons having first priority
in assuming the operations of vending facilities or other business enterprises
in public buildings. Under authority granted by § 63.1-155 51.5-89
of the Code of Virginia, this chapter sets forth the process by which the
department shall be notified of vending facility sites in public buildings
throughout the Commonwealth. In carrying out its responsibility to this
chapter, the department will shall adhere to the administrative
and policy procedure as set forth in the Randolph-Sheppard Act (P.L. 74-732, as
amended by P.L. 83-565 and P.L. 93-516 (20 USC § 107 et. seq.)) and
related federal regulations with respect to appropriate vendor
representative consultation.
1. The department shall have first priority to operate, with
qualified persons who are blind persons, vending facilities or
other business enterprises in public buildings. Whenever an existing
vending facility or other business enterprise in a public building
becomes vacant or whenever an opportunity to establish a vending facility or
business enterprise arises due to renovation, construction, acquisition or
leasing; or upon the expiration of an existing food or service
contract, the department or responsible agency shall offer to the
Department for the Visually Handicapped department the
opportunity to operate the vending facility or other business enterprise
with a qualified person who is blind person.
2. The department or agency shall notify the Department
for the Visually Handicapped department of such the
vacancy or opportunity by mail in writing as early as it
is practical, but no later than 90 days prior to occupancy. The Department
for the Visually Handicapped department, in cooperation with the affected
agency, shall assess the feasibility of establishing a vending facility or
business enterprise and shall notify the department or agency of its
decision within 30 days from the date the Department for the Visually
Handicapped it receives notice of the vacancy or opportunity.
3. Any public building, as defined in the Code of Virginia,
housing 200 or more employees or occupying at least 15,000 square footage of
floor space shall be covered by this chapter.
4 3. Adequate space shall be made available for
the vending facility or business enterprise. Space requirements shall be
mutually determined by the Department for the Visually Handicapped and the
department or and the agency in which the facility or enterprise
is to be operated, but shall be no less than 300 square feet. Any vending machines
located on the premises and in direct competition with the vending facility to
be operated by the department shall be subject to the control by
the Department for the Visually Handicapped of the department.
5 4. Complaints of noncompliance with § 63.1-155
51.5-89 of the Code of Virginia or with the department's rules
and regulations of the department may be filed by the Department for
the Visually Handicapped department and should follow the procedures
listed below described in this section:
a. Complaints shall be submitted in writing to the Secretary of Health and Human Resources and the respective secretary of the Cabinet in which the agency subject to the complaint is located.
b. A panel of three individuals to hear the complaint is
shall to be appointed by the Secretary of Health and Human Resources and
the respective secretary of the Cabinet in which the agency subject to the
complaint is located. The panel will shall consist of the Director
Commissioner of the Department for the Visually Handicapped department,
the director or commissioner of the subject agency, and a third party chosen by
the Secretary of Health and Human Resources and the respective secretary of the
Cabinet in which the agency subject to complaint is located.
c. Evidence to be submitted, heard, and considered is to
shall be selected determined by the panel. After full
consideration of the facts evidence, the panel will shall
make a its decision, which shall be binding upon the interested
parties department and the agency subject to the complaint.