This chapter is promulgated by the Department for the
Visually Handicapped to clarify and establish the responsibilities of state and
local agencies as they relate to 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 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 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.)) with respect to
appropriate vendor representative consultation.
1. The department shall have first priority
to operate, with qualified blind persons, vending facilities in public
buildings. Whenever an existing vending facility in a public building becomes
vacant or whenever an opportunity to establish a vending facility arises due to
renovation, construction, acquisition or leasing; or expiration of an existing
food service contract, the department or agency shall offer to the Department
for the Visually Handicapped the opportunity to operate the vending facility
with a qualified blind person.
2.
The department or agency shall notify the Department for the Visually
Handicapped of such vacancy by mail as early as it is practical, but no later
than 90 days prior to occupancy. The Department for the Visually Handicapped,
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 receives notice of the
vacancy.
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. 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 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
shall be subject to control by the Department for the Visually
Handicapped.
5. Complaints of
noncompliance with § 63.1-155 of the Code of Virginia or with the
department's rules and regulations may be filed by the Department for the
Visually Handicapped and should follow the procedures listed below:
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 complaint is located.
b. A panel of three to hear the complaint is
to be appointed by the Secretary of Health and Human Resources and the
respective secretary of the Cabinet in which the agency subject to complaint is
located. The panel will consist of the Director of the Department for the
Visually Handicapped, 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 be selected by the panel. After full
consideration of the facts, the panel will make a decision which shall be
binding upon the interested parties.
