LAC 67:VII.515. Organization of State Licensing Agency

A. Louisiana Rehabilitation Services (LRS) is designated as the sole state agency under a state plan for vocational rehabilitation services approved pursuant to the provisions of the Rehabilitation Act of 1973, (29 U.S.C. Chapter 16) and approved by RSA as the SLA. B. SLA Responsibilities 1. The SLA will recruit, train, and license blind persons to operate vending facilities in Louisiana, and take such action as necessary to terminate licenses for cause under the Due Process procedures outlined in section 519 (G) of this document. 2. At all times the SLA shall comply with the Randolph-Sheppard Act, its implementing regulations, and the provisions of this Randolph-Sheppard Program. 3. In administering all aspects of the program, the SLA will not discriminate on the basis of sex, age, physical or mental impairment, creed, race, color, national origin, or political affiliation and will comply with all applicable federal and state laws related to discrimination. 4. The SLA will provide an accessible copy of this Business Enterprise Program Manual to each licensed manager and take steps to ensure the licensed manager understands the requirements contained herein. 5. The SLA will ensure that all documentation is provided to the licensed managers in an accessible format of the licensed manager’s choice. 6. With the exception of most soft drink machines, when they are available to the licensed manager through the bottlers at no cost, all necessary equipment, including vending machines, and any other equipment deemed appropriate by the SLA, for the successful operation of the vending facility will be provided by the SLA for the use and benefit of the licensed manager. A copy of the equipment inventory record shall be attached to and made a part of the Agreement of Operations. 7. Except for routine maintenance (i.e. changing of light bulbs, price changes, and routine cleaning), all maintenance of vending facility equipment, including preventive maintenance, shall be performed by the SLA. Equipment will be maintained in good repair by the SLA. If repairing certain equipment is not cost effective, the item or items will be replaced by the SLA. 8. All merchandise necessary to begin operation of the vending facility is provided by the SLA. A copy of the merchandise inventory record will be provided to the licensed manager within 20 working days of execution of the Operating Agreement. This inventory is owned by the SLA. At the conclusion of the initial up to six-month establishment period, the purchase of inventory becomes the responsibility of the blind vendor. 9. The SLA shall assign a RSMA and shall provide management services to ensure adequate oversight and supervision to all vending facilities pursuant to 34 CFR 395.3(a)(11)(ii). 10. The RSMA, having responsibility for the assigned vending facility shall be available to assist in resolving problems and assuring that all appropriate and necessary support services are provided for the efficient and effective operation of the vending facility. 11. It is the responsibility of the blind licensed manager to operate the vending facility and to work on a professional basis with the host to address any issues which may be disruptive to that operation. If problems or issues do arise concerning the operation of a location, the blind manager is to inform their RSMA of the issue and include their RSMA on all correspondence or complaints provided to or received from the host and building management to assure compliance with all laws and policies governing the Randolph-Sheppard Program. All issues related to permit negotiation, location changes, equipment requests, complaints and requests for services shall be negotiated solely by the SLA with active participation of the full LBVEC. 12. The SLA, with active participation of the full LBVEC, shall make upward mobility training available to the licensed manager to afford an opportunity to enhance skills and to improve earning potential. 13. The SLA, with active participation of the LBVEC, shall conduct surveys of potential vending facilities given priority under 20 U.S.C. 107 et seq. and make every effort to create new opportunities for blind licensed managers within the scope of priority given under the Acts. 14. The SLA shall work collaboratively with the LBVEC and ensure its active participation in all major administrative decisions affecting the overall operation of the program pursuant to 34 CFR 395.14. 15. If funds are available and approved by a majority vote of all licensed managers, the SLA, with active participation of the Trust Fund Board, as set forth by RS 23:3044, and the LBVEC, can use funds to establish retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind vendors in accordance with 34 CFR 395.8. 16. The SLA shall present this policy to each licensed manager, and, upon each licensed manager’s first review of the policy, or review of changes to the policy, provide training to ensure licensed manager understanding. Licensed managers must read and acknowledge in writing receipt of this policy. Failure to comply with this policy will result in immediate suspension pending investigation with possible revocation of licensure. C. Licensed Manager Responsibilities 1. The assigned vending facility will be managed in accordance with the terms and conditions of the permit/contract, including being open for business on those days and during the specified hours. 2. The assigned vending facility will be operated in compliance with the BEP Manual, which has been approved by RSA. 3. The vending facility shall be operated in compliance with all applicable federal, state, and local health requirements. It is the licensed manager’s sole responsibility to maintain all applicable health permits. 4. It is the licensed manager’s responsibility to obtain and maintain a valid business license, for those parishes that require it. The licensed manager will also maintain applicable taxpayer identification as required by law, copies of which will be made available to the RSMA for inspection upon request. 5. The licensed manager shall take proper care of the equipment in the vending facility and will make alterations or changes therein only with prior written approval of the SLA. Furthermore, the licensed manager shall take appropriate precautions to ensure the security of the equipment. 6. The vending facility will be operated in a competitive manner to include a sufficient variety of merchandise. For vending machines, this means a minimum of 80 percent of display slots must have product available and all products are in date. 7. The licensed manager shall ensure a pricing structure that is consistent with prices in the general proximity of the building or property housing the assigned vending facility. If there is a complaint about pricing, the licensed manager and RSMA will jointly conduct a market based analysis comparing like products at three convenience stores. The licensed manager’s prices shall not be more than 10 percent higher than the average prices at the convenience stores. If the permit or interagency agreement requires prior notice to the building before making price increases, the licensed manager will work with their assigned RSMA to provide prior notice to the building in accordance with the permit or interagency agreement before implementing price increases. 8. The licensed manager shall ensure that the vending facility is maintained in a clean and attractive condition. Managers must dress and maintain a level of personal hygiene which will convey a positive public image and in a manner that is consistent with health and safety regulations and which conforms to the dress code of the host facility (grantor). This dress code must be non-discriminatory. 9. The net proceeds of the vending facility will be the income of the licensed manager and shall be appropriately calculated, including all commissions, rebates, and bonuses. If applicable, set-aside assessments shall be paid when due and determined in accordance with the schedule in effect. 10. All reports as outlined in the BEP Manual will be promptly filed by the licensed manager or their accountant and any associated financial obligations shall be paid. Any other financial indebtedness incurred, directly or indirectly, as a result of the operation of the vending facility is the responsibility of the licensed manager and shall be liquidated unless satisfactory arrangements have been made with the creditor or creditors to do otherwise. 11. The licensed manager will maintain financial records and all documentation for a period of 5 years unless otherwise required by law or requested in writing by a federal, state, or local regulatory agency. 12. It is the responsibility of the licensed manager at all times to maintain the same level of inventory as that of the initial inventory provided by the SLA. Additionally, the licensed manager must assure that there is stock of adequate variety and amount to meet the customary demands of the facility. It is understood that inventory levels may be reduced during times of partial or total business interruption. Since the inventory is owned by the state, it may be audited by the SLA at any time. 13. In operating all facets of the vending facility, the licensed manager will not discriminate on the basis of sex, age, physical or mental impairment, creed, race, color, national origin, or political affiliation, and will comply with all applicable federal and state laws related to discrimination. 14. All licensed managers must read and acknowledge receipt in writing of this policy. Failure to comply with this policy will result in immediate suspension of the Agreement for Operations pending investigation with possible revocation of licensure. 15. The vendor, at their own expense, will purchase and maintain general liability and any other business insurance coverage, based on all requirements and at financial levels determined by the Louisiana Department of Risk Management, Louisiana Works/Louisiana Rehabilitation Services and/or the facility host, whichever is greater. If a blind vendor chooses not to agree to the host’s insurance requirements, then they will not be permitted into the location. If the vendor is currently in the location and insurance requirements change, when the facility agreement is renewed, either the vendor must agree to the new insurance requirements or they shall voluntarily surrender the Manager’s Agreement Certificate for the location.