3304:1-21-01 Definitions.

The following terms are used throughout Chapter 3304:1-21 of the Administrative Code.

(A) "Accessible Format" is providing information, forms, BE computer programs, and reports to all licensees in the format/media they have requested and on file with BE, including but not limited to regular print, large print, braille, audio tape, or electronic media.

(B) "Active Participation" is when the bureau of services for the visually impaired (BSVI) and the Ohio vendors representative committee (OVRC) meaningfully collaborate on major administrative decisions and policy and program development decisions affecting overall administration of Ohio's vending facility program pursuant to 34 CFR 395.14 and 34 CFR 3304 :1-21-12.

(C) "Agent" is any individual or entity that BE authorizes to carry out a responsibility under division 3304:1 of the Administrative Code.

(D) "Blind/legally blind" is a physical condition in which the central visual acuity is not more than 20/200 in the better eye with correcting lenses; or in which the visual acuity with proper correction, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees as defined in division (B) of section 3304.28 of the Revised Code.

(E) "BSVI" (i.e., bureau of services for the visually impaired) or "bureau," is the designated Ohio agency responsible for implementing the provisions of the Randolph-Sheppard Act and its amendments and sections 3304.28 to 3304.35 of the Revised Code in addition to the purpose outlined in paragraph (B) of rule 3304-1-01 of the Administrative Code. The"rehabilitation services commission" (RSC) is the agency responsible for overseeing BSVI.

(F) "Bureau-grantor agreement" (BGA) is the signed agreement between BSVI and grantor for a business enterprise (BE) facility.

(G) "Bureau-operator agreement" (BOA) is a signed permanent or temporary agreement between BSVI and the operator of a facility.

(H) "Business Enterprise assistant manager" is the BSVI employee who reports directly to the BE program manager of BSVI or the director's designee and is the principal field manager for the BE program in an assigned area of the state.

(I) "Business Enterprise program" (BE) is the program within BSVI responsible to carry out the provisions pursuant to 34 C.F.R. part 395 of the Randolph-Sheppard Act, sections 3304.28 to 3304.35 of the Revised Code, and paragraph (F)(1) of rule 3304:1-21-12 of the Administrative Code.

(J) "BE manager" is the BSVI staff person who reports directly to the director of BSVI and shall direct and monitor the operation of the business enterprise program, its staff and its funds statewide, recommend and institute changes in the program, enter into settlements when appropriate, and perform such other duties as required by the BSVI director.

(K) "Business Enterprise rules" is the complete set of administrative rules governing the BE, which have been promulgated in accordance with Section 119.03 and set forth in Chapter 3304. of the Revised Code.

(L) "Business Enterprise Specialist" (BES) is the BSVI employee assigned to provide consulting services to the operator to maximize efficiency, income and performance.

(M) "Criminal Activity" is conviction of, plea of guilty or no-contest to, or a judicial finding in any jurisdiction of aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary or of a felony or misdemeanor of the first, second, or third degree, involving gambling, fraud or misrepresentation, theft, or any crime of moral turpitude, as long as the record of the conviction has not been sealed.

(N) "Designee" is a BE staff member knowledgeable in BE and authorized by BE to carry out a responsibility or task.

(O) "Discipline" is denial, revocation, or suspension of the license.

(P) "Displaced operator" is an operator under a permanent BOA whose facility has been temporarily closed, or whose facility sales have been temporarily reduced by no less than two thirds, for more than two weeks due to remodeling or by extraneous circumstances such as strike or disaster. In such cases, the operator shall be considered a "Displaced operator" only for the duration of the temporary closure or temporary reduction. Should a facility be permanently closed the operator shall be considered displaced for six months.

(Q) "Electoral district" is any one of the seven geographical areas as defined by the bureau from which representatives and alternates of the Ohio vendors representative committee (OVRC) are elected to equitably represent the operators.

(R) "Facility" is automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and other appropriate auxiliary equipment which may be operated by licensees who are blind which is necessary for the sale of newspapers, periodicals, confections, tobacco products, food, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises, including the vending or exchange of chances for the state lottery and as otherwise defined in 34 C.F.R. 395.1(x) .

(S) "Facility announcement" is a notice announcing a current or forthcoming permanent operator position available in an existing or newly developed BE facility.

(T) "Federal Fiscal Year" (FFY) is the time period beginning October first and ending September thirtieth.

(U) "Federal property" is property as defined in 34 CFR Part 395 I (g).

(V) "Grantor" is the person or entity who is responsible for the property housing a BE facility.

(W) "Grantor required payment" is any fee, assessment or other financial obligation as assigned to the operator by BOA/BTOA.

(X) "Inventory adjustment charge" is reimbursement to BE or operator resulting from a difference between the value of facility goods on hand at the time of the closing inventory and the value of BE provided inventory.

(Y) "License" is a written document issued by BE to a person authorizing such person to operate a facility on federal or other property.

(Z) "Licensee" is any person licensed by BE to operate a facility.

(AA) "Ministerial decision" is a decision which has no material impact on the nature, quality or quantity of service provided to BE licensees, and will not adversely impact opportunities for licensees. Ministerial decisions only involve matters as to which no active participation with the OVRC is required pursuant to rule 3304:1-21-12 of the Administrative Code.

(BB) "Monthly Operating Report (MOR)" is facility financial information as submitted monthly by the facility operator and consists of all sales, sales tax collected, discounts, gifts, rebates, federal vending machine income as described in CFR 34, Part 395.32, income from subcontracted facility sales, promotional considerations, and bonuses, either monetary or in kind, stock purchased, business related expenses, employee wages, draw, stock and supply inventory, and business cash on hand, which the operator has the power to obtain and control the disposition thereof, accrued from operation of a facility.

(CC) "Ohio Rehabilitation Services Commission" (ORSC) is the state agency responsible for helping people with disabilities seek and retain substantial gainful employment in Ohio.

(DD) "Ohio Vendors Representative Committee" (OVRC) is the group of operators elected from their respective districts in accordance with rule 3304:1-21-12 of the Administrative Code.

(EE) "Operator" is a licensee authorized to operate a facility through a signed BOA and/or bureau temporary operator agreement (BTOA).

(FF) "Other Expenses" is expenditures on the daily cash report as defined in appendix A to this rule.

(GG) "Professional Manner" is exemplifying methods, character, and standards of a business person.

(HH) "Records Review" is the review of records pertaining to the operation of a BE business and includes financial information regarding sales, sales tax collected, discounts, gifts, rebates, federal vending machine income as described in CFR 34, Part 395.32, income from subcontracted facility sales, promotional considerations, and bonuses, either monetary or in kind, stock purchased, business related expenses, employee wages, draw, stock and supply inventory, and business cash on hand.

(II) "Regular Meeting" is any prearranged gathering of the OVRC and BE by a majority of its' members to discuss public business. A schedule of regular meetings including dates and times will be set in July of each year.

(JJ) "Seniority" is the time the licensee accrues beginning on the date BE issues the license or the date pursuant to the earliest documentation establishing participation in the Ohio BE.

(KK) "Service charge" is the total of the fee assessed by BE upon the operator's net monthly proceeds and may include penalty charges, as well as co-payment for maintenance and repair labor charges.

(LL) "Special Meeting" is any meeting other than a regular meeting when notice is provided pursuant to paragraph (E) of rule 3304:1-21-12 of the Administrative Code.

(MM) "State property" is defined in division (C) of section 3304.28 of the Revised Code.

(NN) "Vacant Facility" is a suitable vending location without a licensee permanently assigned, or for which BE has notice of an operator's pending departure.

Appendix A

1) Other expenses are costs personally paid by the operator for the following goods and services necessary to operate a facility; an operator may subtract such costs from the gross monthly income if the expenses are documented by cancelled checks, receipts, or other documentation, and are paid within the report's period. Other expenses shall be subject to review and approval by BE and are:

(a) Supplies for expendable items which are necessary for day-to-day facility operation, but are not for resale as defined in paragraph (B) 3304:1-21-05 of the Administrative Code.

(b) Janitorial service for a commercial firm or independent contractor to clean the facility, or to remove trash. Such costs are deductible unless the bureau-grantor agreement, facility permit, or other BSVI agreement assigns such responsibility to someone other than the operator.

(c) Business licenses.

(d) Telecommunications charge for the cost of required business telephone or business internet services.

(e) Cost of uniforms, rented or owned, and laundry charges only when used for the business.

(f) Business advertising for the reasonable cost of advertising and promotional activities intended to support and/or increase facility sales.

(g) Premiums for insurance coverage for off-site storage facilities.

(h) Rent/commission to grantor, if required by agreement for location.

(i) Expense for storage space.

(j) Utilities for the facility when not included in rent.

(k) Employer contribution for social security.

(l) Workers' compensation premiums.

(m) Ohio unemployment taxes.

(n) Federal unemployment taxes.

(o) Sales taxes.

(p) Pre-approved training expenses of up to one-thousand dollars per year; such training must be directly related to the job.

(q) Temporary operators on BTOA on fee.

(r) Vehicle expenses to be used only if a vehicle is required for a facility. Any vehicle expenses listed on the monthly operating report shall require an additional vehicle expense report to be completed and retained by the operator for that monthly operating report.

Only one method of expensing the vehicle shall be allowed each calendar year, unless a new vehicle is acquired during the year. Commuter miles, personal use of vehicle and/or depreciation costs must be excluded in either method.

Method one - actual costs shall include the business percentage of the following expenses: vehicle insurance, vehicle registration, gasoline, oil, other maintenance costs, and monthly lease or payment.

Method two - standard mileage rate, as allowed by the internal revenue service for that calendar year for each business mile.

(s) Pre-approved miscellaneous expenses. Documentation for these expenses may be requested to accompany the monthly operating report.

(t) Business dues.

(u) Professional merchandise delivery services.

(v) Pest exterminator services.

(w) Bookkeeping/accounting services.

(x) The purchase of a computer and/or business-related computer expenses.

(y) Business legal fees (not associated with any adversarial procedures against RSC).

(z) Air conditioner, filter, and fire suppression services and/or security system costs.

(aa) Banking fees.

(bb) Documented refunds to customers.

Replaces: 3304:1-21-01

Effective: 01/01/2010
R.C. 119.032 review dates: 11/19/2014
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.28 , 3304.34
Prior Effective Dates: 3/21/79, 5/1/83, 6/1/88, 1/12/90, 11/1/93, 10/4/99, 10/1/06