R6-4-301. Definitions and Location of Definitions

A. Location of Definitions. Definitions applicable to Article 3 are found in the following: Definition Section or Citation “Abandoned Facility” R6-4-301(B) “All-Operators Meeting” R6-4-301(B) “Appeal” R6-4-101(B) “APOC” R6-4-301(B) “BEP Manager” R6-4-301(B) “BEP Operator” R6-4-301(B) “Business Enterprise Program” or “BEP” R6-4-101(B) “Business Facility” R6-4-101(B) “Candidate” R6-4-301(B) “Committee” R6-4-301(B) “Department” A.R.S.§ 41-1951 “Director” R6-4-101(A) “Displaced Operator” R6-4-301(B) “Good Cause” R6-4-301(B) “Grantor” R6-4-301(B) “Guaranteed Fair Minimum of Return” R6-4-301(B) “Hearing” R6-4-101(B) “Hearing Officer” R6-4-101(A) “Initial Probation” R6-4-301(B) “Legally Blind” R6-4-101(B) “Licensee” R6-4-301(B) “Net Proceeds” R6-4-301(B) “Operator’s Agreement” R6-4-301(B) “Performance Probation” R6-4-301(B) “Rehabilitation Services Administration” or “RSA” R6-4-101(B) “RSA Administrator” R6-4-101(B) “Satisfactory Site” 34 CFR 395.1(q) “SLA” R6-4-301(B) “Temporary BEP Operator” R6-4-301(B) “Trainee” R6-4-301(B) “Upward Mobility Training” R6-4-301(B) “Vending Facility” 34 CFR 395.1 “Vocational Rehabilitation” R6-4-101(B) “VR” R6-4-101(B) “VR Client” R6-4-101(B) “VR Staff” R6-4-101(B) B. The following definitions apply to Article 3 of this Chapter: 1. “Abandoned Facility” means a Business Facility that a BEP Operator has failed to open without Good Cause for 24 hours. 2. “All-Operators Meeting” means an APOC meeting for which attendance is mandatory for all Trainees, Licensees, and BEP Operators. 3. “APOC” means the Arizona Participating Operators Committee, a fully representative committee of BEP Operators elected biennially by the BEP Operators’ peers that functions as an integral part of the BEP having active participation in major BEP administrative decisions and policy and program development decisions affecting the overall administration of the State’s BEP. 4. “BEP Manager” means the DES employee who oversees BEP under the direction of the RSA Administrator. 5. “BEP Operator” means a Licensee who enters into an Operator’s Agreement with the BEP to manage and operate a Business Facility. 6. “Candidate” means an individual who is Legally Blind and is receiving VR services who is referred to the BEP by VR Staff for training and placement. 7. “Committee” means an ad hoc group of individuals assembled to make a decision regarding various aspects of placement of a BEP Operator in a Vending Facility. A Committee consists of: a. Two voting BEP staff members who are selected by the BEP Manager; b. Two voting Operators who are appointed by the APOC chairperson; and c. The BEP Manager, who acts as the chairperson of the committee and only votes in the event of a tie. 8. “Displaced Operator” means a Licensee who has operated a Business Facility in Arizona under the provisions of this Article and is not currently assigned to a Business Facility as a result of a Business Facility or building closure or medical leave. 9. “Good Cause” means temporary illness, a family crisis, or a Business Facility or Vending Facility that is inaccessible by public transportation that causes the Trainee, Licensee, or BEP Operator to be unable to fulfill an obligation under this Article. 10. “Grantor” means the public or private entity that grants a permit to, or enters into an agreement with, the BEP to provide a Satisfactory Site for the operation of a Business Facility. 11. “Guaranteed Fair Minimum of Return” means the prevailing federal minimum wage multiplied by a 40-hour work week. 12. “Initial Probation” means the first six months after a BEP Operator assumes management of the BEP Operator’s first Business Facility, during which time the BEP Operator’s performance is evaluated for permanent status, termination or Performance Probation. 13. “Licensee” means an individual who is Legally Blind and has been licensed by the Department to operate a Business Facility. 14. “Net Proceeds” means the amount remaining after the deduction of business expenses from all income accruing to a BEP Operator from the operation of a Vending Facility. 15. “Operator’s Agreement” means a written contract between the Department and a BEP Operator that regulates the terms and conditions under which a Business Facility shall be managed. 16. “Performance Probation” means a period of time not exceeding six months during which a BEP Operator who is not on Initial Probation shall correct documented, unacceptable performance or deficiencies upon written notice by the BEP. 17. “SLA” means the same as “state licensing agency” under 34 CFR 395.1(v). RSA is the SLA for Arizona. 18. “Temporary BEP Operator” means an individual who contracts with the Department to operate a Business Facility for a specified period of time and who may or may not be Legally Blind. 19. “Trainee” means a Candidate who has been accepted into and is receiving training from the BEP prior to placement and licensure. 20. “Upward Mobility Training” means additional training that enhances a BEP Operator’s work opportunities.