Cal. Code Regs. Tit. 9, § 7226 - Elections - General Provisions

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(a) A biennial election of a committee of licensed blind vendors shall be conducted in odd-numbered years by secret ballot.

(b) The Committee shall be known as the California Vendors Policy Committee, hereafter CVPC.

(c) The Committee shall be fully representative of all blind licensees in the state program. District boundaries shall be established by the CVPC to ensure that representation shall, at a minimum, be one committee member for every 25 licensed vendors. Districts shall not vary more than seven licensed vendors between the districts having the least number of licensed vendors and the districts having the greatest number of licensed vendors. When districts vary more than seven, district reapportionment shall be conducted by, and require the majority vote of, the CVPC. Reapportionment shall not be conducted until after January 1 of the even-numbered year and shall not be effective until the General Election the following odd-numbered year.

(d) Only licensed blind persons operating a facility on a non-interim basis may serve on the Committee or vote in any poll or election authorized under this section. Such licensed blind persons shall be entitled to one vote each.

(e) Elected vendors shall be known as delegates to the Committee. The Committee shall consist of and be limited to one delegate per district who has been duly elected by a plurality vote of the licensed vendors within that district who are eligible to vote, as specified in (d). Each delegate shall be entitled to one vote.

(1) A vendor who operates a vending facility that has been combined or consolidated and consists of a primary site and one or more satellite sites may only vote in the district where his or her primary site is located and may only serve as a delegate representing the district where his or her primary site is located.

(f) An elected vendor shall cease to be a delegate for the district in which he or she was elected when he or she accepts a new location in another district and begins to receive remuneration for that location.

(g) If a delegate resigns from office during his or her term, he or she shall be ineligible to run for a vacancy in the special election for his or her district.

(h) If a delegate vacancy occurs in a district due to resignation, no nomination, illness or death of a delegate or a delegate accepts a vending facility in another district and begins to receive remuneration from that facility, the Executive Officers of CVPC shall appoint an alternate from that district until a delegate is elected in a special election.

(i) Election materials shall be prepared and provided to a vendor in a vendor's preferred mode of communication, to the extent possible. Such modes of communication may include large print or Braille, on audiotape, 3.5 diskette, compact disk or electronic transmission.

(j) Elections shall be completed by November 25th of each odd-numbered year. Delegates shall take office on January 1 of the even-numbered year following the election and shall serve a two year term.

(k) The Director shall appoint an Election Coordinator to conduct and oversee all aspects of an election, consistent with this section. The Election Coordinator shall be responsible for the following election duties:

(1) Preparing nomination letters, along with a nomination form and a preaddressed envelope for each vendor who is eligible to vote, in accordance with subsection (d). Election materials shall be prepared and mailed to each vendor in his or her preferred mode of communication, to the extent possible. Such modes of communication may include providing election materials in large print, Braille, on audiotape, 3.5"diskette, or compact disk. The Department shall transmit copies of the election materials electronically, on request.

(2) Receiving and placing sealed envelopes containing votes received from vendors in a secure location, pending the date the ballots are to be counted.

(3) Certifying the security of the ballots.

(4) Overseeing the ballot tabulation.

(5) Certifying the election results to the Director.

Notes

Cal. Code Regs. Tit. 9, § 7226

Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: 20 USC Section 107b - 1(3); 34 CFR Sections 395.3(a)(4) and 395.14(b); and Sections 19011 and 19638(b), Welfare and Institutions Code.

1. New article 9 and renumbering and amendment of former section 7222 to sections 7226,7226.3, and 7226.4 and renumbering of former section 7226 to section 7223 filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Change without regulatory effect amending subsection (g) filed 6-1-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 23).
3. Amendment of section and Note filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
4. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).