Or. Admin. Code § 585-015-0055 - Fair Minimum Return

(1) The Fair Minimum Return policy is established to ensure that all vending facility managers earn at least a minimum amount of annual income.

(2) The fair minimum return yearly income rate will be established annually, with the active participation of the BECC. To be determined eligible for the fair minimum return, a vending facility manager must:

(a) Earn less than the fair minimum return rate of annual net proceeds for cafeterias, snack bars, convenience stores and self-operated vending routes; or

(b) Earn less than the fair minimum return rate of gross income for sub-contracted facilities.

Eligible vending facility managers qualify for the fair minimum return when the following criteria are met:

(c) The vending facility manager meets the minimum requirements of OAR 585-015-0045, vending facility manager statement of full-time employment;

(d) Cafeterias, snack bars, espresso carts for which the vending facility manager has operating agreements have net earnings below the annual fair minimum return amount and have a yearly average profit percentage of at least 15%;

(e) Subcontracted vending routes that have gross earnings below the annual fair minimum return level, and an annual average profit percentage of 25%;

(f) Self-operated vending routes that have net earnings below the annual fair minimum return level and an annual average profit percentage of at least 20%;

(g) Any additional income received, not discussed above, from sub-contracting, or teaming partners, would be added to the vending facility manager's annual earnings at the total gross amount received, when calculating the vending facility manager's annual average income; and

(h) The vending facility manager owes no past due set-aside, has submitted all required monthly set-aside reports and has a fully executed operating agreement.

(3) Distribution and availability of funds - Fair minimum return payments will be issued annually, in February, after the December facility reports have been received and annual average profit percentage are calculated. This rule is subject to the availability of funds. If funds are not available, fair minimum return payments would not be made.

(4) This policy remains in effect through the 2019 calendar year.

Notes

Or. Admin. Code § 585-015-0055

CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017

Statutory/Other Authority: HB 3253 (2017)

Statutes/Other Implemented: ORS 346.510 to 346.570