Section 650.10  Definitions

 

"Active participation" means involvement of the Illinois Committee of Blind Vendors, and negotiation between the Department of Human Services-Division of Rehabilitation Services (DHS-DRS) and ICBV in administrative matters of a major type.  "Active participation" does not mean concurrence on all issues, and where concurrence is not reached, DHS-DRS is given the ultimate authority to determine policies per 34 CFR 395 (2009).

 

"Administrator" means the employee of DHS-DRS responsible for the administration of the Program per the Randolph-Sheppard Act (20 USC 107 et seq.) and its regulations (34 CFR 395 (2009)).

 

"Business consultant" means the person designated by DHS-DRS to consult with and advise assigned vendors, and provide regular written reports on the individual facilities and the vendor's performance to the vendor and DHS-DRS.

 

"Certification" means a vendor has completed training in an approved DHS training module that is required by the Vending Program for the Blind as granted under Section 650.70.

 

"Days" means working days, i.e., Monday through Friday excluding State established holidays or days on which government offices are closed by order of the Governor, unless otherwise stated.

 

"DHS-DRS" means the Illinois Department of Human Services-Division of Rehabilitation Services.

 

"Facility" means the location or locations assigned to one or more vendors by DHS-DRS from which the vendors derive income.

 

"ICBV" means the Illinois Committee of Blind Vendors established under Section 650.40.

 

"License" means a written document issued by DHS-DRS to an individual meeting the standards in Section 650.80 authorizing the individual to operate a facility. 

 

"Net income" means the profits of the assigned facility after deducting the cost of replacement persons and set-aside.

 

"Net proceeds" means the amount remaining from the sale of articles or services of facilities and any vending machine or other income accruing to vendors after deducting the cost of the sale and other expenses (excluding set-aside funds).

 

"Nominee agency" means a nonprofit agency or organization designated by DHS‑DRS, through a written agreement, to act as DHS-DRS' agent in the provision of specified services under this Part.

 

"Program" means all the activities of the state licensing agency under 34 CFR 395 (2009) related to vending facilities on federal and other property.

 

"Program assets" are the financial and physical resources of a facility, including inventory of product, supplies, equipment and funds generated from the sale of goods or services, except such items purchased by a vendor.

 

"Randolph-Sheppard Act" means the Randolph-Sheppard Act, as amended (20 USC 107 et seq.), which governs the federal vending stand program.

 

"Receipt", for material sent by DHS-DRS to a vendor, is presumed four days from the date of postmark or on the day of delivery for hand-delivered items, or, if a verbal form of communication, on the date of receipt.

 

"Replacement person" means a person assigned or provided to temporarily assume the responsibilities of a vendor, as prescribed by Section 650.150.

 

            "Screening Committee" means a committee comprised of management staff from the vending facility program and vendors from the ICBV who review interested candidates for admission into the program.

 

"Seniority" is determined from the date a vendor receives a license to operate a facility and is inventoried into a facility (i.e., a beginning inventory is conducted to determine the assets that are being turned over to the vendor) and will continue as long as the vendor retains an active license.  If a vendor loses his or her facility, the seniority will not continue to accrue.

 

"Set-aside funds" or "set-aside" means funds that accrue to DHS, for uses described in Section 650.140, from an assessment against the net proceeds of each facility and any income from vending machines on federal property that accrues to DHS-DRS.

 

"State licensing agency" means the state agency designated by the Secretary of the United States Department of Education to issue licenses to blind persons for the operation of vending facilities on federal, state, local governmental and other property.  In Illinois this agency is DHS-DRS.

 

"Supervisor" means the employee of DHS-DRS responsible for the supervision of personnel and training, or the person designated to carry out these responsibilities in the absence of the supervisor.

 

"34 CFR 395" is the citation to the 2009 federal regulations for the Randolph‑Sheppard Act.

 

"Trainee" means a customer of DHS-DRS Vocational Rehabilitation Program who meets the criteria for participation in the Program, per Section 650.50, who is attending the Program's training classes or is on an assigned on-the-job training position while in training.

 

"Vendor" means an individual meeting the criteria for participation in the Program, per Section 650.50, who has been certified and licensed by DHS-DRS and is eligible to manage, or is managing, a facility or is on an approved personal or medical leave.

 

"VR" means vocational rehabilitation administered by the Department of Human Services under 89 Ill. Adm. Code:  Subchapter b.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.20  Rights and Responsibilities of DHS-DRS as State Licensing Agency

 

DHS-DRS, as State licensing agency, shall:

 

a)         develop policies with the active participation of ICBV, implement policies and procedures, and provide staff, funds, and any Program servicing agreement necessary to carry out its responsibilities under the Randolph-Sheppard Act;

 

b)         coordinate the Program with DHS-DRS vocational rehabilitation program;

 

c)         seek out and make arrangements for the use of suitable sites (based on factors such as space, anticipated income, rent or commissions required, or competition in the vicinity) for the establishment of facilities;

 

d)         provide for expenditures from available State and federal funds, and other allowable resources including set-aside funds, for the acquisition, installation and replacement of equipment and accessories, and the provision of initial stocks of merchandise and supplies for each new facility;

 

e)         determine whether right, title to, and interest in a facility, including equipment and initial stock, may be vested in the vendor per 34 CFR 395.6 (2009).  DHS‑DRS shall hold title to equipment and initial stock, however title may be voluntarily assumed by a vendor per 34 CFR 395.6 (2009);

 

f)         ensure the conduct of the Program and the operation of each facility are in accordance with the Randolph-Sheppard Act and 34 CFR 395 (2009);

 

g)         assure conformity with each facility's written permit, agreement, or Memorandum of Understanding (MOU);

 

h)         have responsibility for the selection of trainees; award of licenses; issuance of certifications; assignment of vendors to facilities; discipline of vendors; establishment of a rate and the collection of set-aside; and the utilization and disposition of Program assets;

 

i)          operate unassigned, abandoned, or vacant (due to leaves of absence) facilities and make recommendations for facility closure;

 

j)          provide training to vendors on any new rules and procedures of the program;

 

k)         hire business consultants trained in business practices and sanitation, vending and retail;

 

l)          with building managers, develop contracts or permits for the operation of vending facilities.  When appropriate (e.g., a vendor's attendance would be inappropriate when building management requests that a vendor not be present, or when building management will be assessing the vendor's abilities to carry out the permit or contract), involve the assigned vendors in renegotiations of contracts or permits;

 

m)        ensure all Program equipment is maintained in good repair and attractive condition per 34 CFR 395.10 (2009);

 

n)         identify, collect and monitor unassigned federal vending machine revenue, along with the distribution and use of that income;

 

o)         if there is a potential breach of security in an assigned facility, DHS shall correct the breach before the new vendor is inventoried in and DHS may hold the prior vendor responsible for costs associated with the remedy if the vendor does not leave the facility at the level of security required by Section 650.100(r); and

 

p)         provide any materials/notifications required by this Part in an accessible format as requested/required by the vendor.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.30  Rights and Responsibilities of Vendors in the Program

 

a)         Vendors have the following rights:

 

1)         to grieve disciplinary actions under Section 650.130;

 

2)         to grieve dissatisfaction with any action arising from the operation or administration of the Program under 89 Ill. Adm. Code 510;

 

3)         to participate in the election of representatives to ICBV;

 

4)         to receive the net income from the management and operation of the facilities to which vendors are assigned;

 

5)         to bid on facilities for which a vendor is certified under Section 650.70; and

 

6)         to review his/her personnel file and provide comments pursuant to 89 Ill. Adm. Code 505.10.

 

b)         Vendors, or those on probation for licensing, are engaged in a "trade or business" as defined by the Self-Employment Contribution Act (26 USC 1401-1403) and their net income from the management and operation of a facility constitutes self‑employment income as defined in Internal Revenue Ruling 54-255 (Rev Rul 54‑255, 1954-2 CB 326 with no subsequent amendments or editions). A copy of this information will be distributed to the vendors.

 

c)         The vendor is responsible for:

 

1)         maintaining the facility pursuant to the conditions of the facility's contract, permit, or MOU, and 34 CFR 395 (2009);

 

2)         abiding by good business practices, specified in Section 650.100, as well as abiding by the provisions of this Part;

 

3)         making all appropriate payments for local, State and federal taxes, and fees (if applicable), related to sales, operations of the facility, and facility employees, within prescribed due dates;

 

4)         providing liability insurance protection in the following minimum amounts:  public liability $500,000/1 million, property damage $50,000/100,000 and food products liability $500,000/1 million;

 

5)         devoting full time (minimum of 37.5 hours per week) to the affairs of the assigned facility; carrying out assigned activities, responsibilities and relationships in accordance with this Part;

 

6)         considering advice presented by the business consultant or other Program personnel employed by DHS or the nominee agency (e.g., advice concerning loss control, security, equipment maintenance and repair, and customer relations);

 

7)         notifying DHS of the vendor's current address, electronic address, TTY and telephone number within five days after a change; and

 

8)         abiding by the signed "Vendor Agreement" and any provisions for purchase of initial stock and facility equipment.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.40  Illinois Committee of Blind Vendors

 

a)         DHS-DRS will provide for the biennial election of an Illinois Committee of Blind Vendors that, to the extent possible, shall be fully representative of all blind vendors in the Program on the basis of such factors as geography and vending facility type, with a goal of providing for proportional representation of blind vendors on federal property and blind vendors on other property.  Participation by any blind vendor in any election shall not be conditioned upon the payment of dues or any other fees.

 

b)         ICBV shall:

 

1)         Actively participate with DHS-DRS in major administrative decisions and policy and program development decisions affecting the overall administration of the State's vending facility program;

 

2)         Receive and transmit to DHS-DRS grievances at the request of blind vendors and serve as advocates for those vendors in connection with the grievances;

 

3)         Actively participate with DHS-DRS in the development and administration of a State system for the transfer and promotion of blind vendors;

 

4)         Actively participate with DHS-DRS in the development of training and retraining programs for blind vendors; and

 

5)         Sponsor, with the assistance of DHS-DRS, meetings and instructional conferences for blind vendors within the State.

 

c)         ICBV shall consist of 11 vendors, as identified by the ICBV Bylaws, all of whom must have active licenses and be operating a facility.  ICBV members shall be elected biannually for a term of two years.  The election shall be conducted by DHS, in the manner prescribed by 34 CFR 395.14 (2009), to assure that vendors operating a facility pursuant to 34 CFR 395.1 (2009) have an equal opportunity to participate in the election.  No other persons shall be entitled to vote in the election.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.50  Program Eligibility Requirements

 

To be eligible for acceptance into, and to remain in, the Program an individual must:

 

a)         be legally blind, no better than 20/200 central visual acuity in the better eye with correction or a limitation to the field of vision in the better eye to such a degree that its widest angle subtends an angle no greater than 20 degrees.  A vendor must submit to a visual acuity test, at DHS expense, when the Administrator has information that a vendor's vision has improved.  If the vendor is no longer legally blind, the provisions in Section 650.110(g)(1)(B) will apply;

 

b)         be a citizen of the United States and a resident of Illinois with proof of residency (e.g., utility bills, bank statements, etc.);

 

c)         be at least 21 years old;

 

d)         have a valid State of Illinois identification card, or other documents as listed in the Department of Homeland Security Form I-9, Employment Eligibility Verification;

 

e)         not be in possession of a Driver's License; and

 

f)         not be convicted of a felony.  

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.60  Training

 

a)         To meet the needs of trainees and licensed vendors, DHS will provide training or assist in developing training in four areas:

 

1)         Initial Training:  extended training required for any VR customer, under 89 Ill. Adm. Code: Chapter IV, Subchapter b, seeking to enter the Program; provides a general introduction to food services and the skills necessary to operate facilities.

 

2)         Retraining:  additional training in the management of facilities to enable vendors to comply with the requirements for managing a facility as set forth in this Part.

 

3)         Skill Enhancement Training:  as required by 34 CFR 395.11 (2009), upward mobility training to allow vendors to become certified to operate different types of vending facilities.  Vendors are required to obtain a certificate of completion for each individual course or seminar taken, in which an examination is given, and complete the requirements of Section 650.70 to become certified.

 

4)         In-service Training:  training to improve and/or enhance a vendor's managerial and operational skills; such training is optional to the vendor, although attendance may meet the conditions for maintaining certification under Section 650.70.  Vendors are required to obtain a certificate of completion or a passing grade if the class is to be considered for meeting certification standards and for reimbursement of costs.

 

b)         Initial Training

 

1)         Initial training is required of any VR customers seeking to enter the Program prior to certification and licensing.

 

2)         For entrance into the Initial Training Program an individual must:

 

A)        meet Program eligibility requirements specified in Section 650.50;

 

B)        be a VR customer;

 

C)        be referred by a DHS VR counselor and complete an evaluation by DHS staff or other rehabilitation professionals indicating that the individual has:

 

i)          adequate orientation and mobility skills to go to and from work and move about a facility;

 

ii)         skills sufficient to communicate with the public and facility employees and to maintain the facility's records;

 

iii)        mathematical skills adequate to complete Program financial documents; and

 

iv)        daily living skills sufficient to allow the individual to meet personal care and housekeeping needs.

 

D)        be bonded for a minimum of $10,000 and successfully pass a criminal background check that has been approved by DHS.

 

3)         Evaluation Committee

            An applicant's credentials (e.g., vocational evaluation, education, work experience, etc.) shall be reviewed by a Screening Committee made up jointly of DHS staff and an ICBV designee.  The Screening Committee will determine that the individual meets the criteria in subsection (b)(2).  If these criteria are not met, the individual will be referred to his/her VR counselor for remedial or other VR services.

 

4)         Initial training is divided into two areas:

 

A)        a core module, which must be taken first, providing general orientation to all facility operations and skills necessary for the operation of any type of facility (e.g., making change, bookkeeping, completing reports); and

 

B)        one or more of the specific training modules, which must be taken after completion of the core module, to learn skills needed for the operation of specific types of facilities (i.e., retail, food service and vending) including on-the-job training.  If a trainee elects to take less than three modules, he or she must indicate so in writing.

 

5)         If a trainee is disciplined pursuant to Section 650.120(c), he or she shall be removed from training, referred back to his/her VR counselor, and notified of the right to appeal under 89 Ill. Adm. Code 510.

 

6)         Trainees and managers have the right to all materials presented in training, on the job training and all forms, letters, memorandums and any correspondence in an accessible format of their choice.

 

c)         Completion of Initial Training

 

1)         The core module test must be passed by achieving a score of at least 75% on the written examination.  Failure to receive a passing score on the core module will result in an individual being removed from initial training and referred back to his or her VR counselor.

 

2)         If an individual passes the core module and completes one or more of the specific modules, he or she can then take the tests for any specific training modules for which he or she has completed initial training, which shall be passed by a score of at least 75% on the written examination plus completion of all on-the-job training objectives.  Failure to receive a passing score on any specific training module shall result in non-certification in that area.

 

d)         Retraining of Vendors

 

1)         Retraining is mandatory:

 

A)        as a remedy for a disciplinary action resulting from a violation of the business practices set forth in Section 650.100; and

 

B)        if a facility changes or expands to include food service areas in which a vendor is not certified.

 

2)         Retraining is optional for a vendor upon a vendor's request and when equipment is placed in the facility with which the vendor has had no training or experience.

 

3)         If a vendor requests retraining, DHS will determine whether it will be provided based on a review of his/her business consultant's observation reports, the vendor's annual evaluation and available training resources. DHS-DRS will ensure that effective programs of vocational and other training services, including personal and vocational adjustment, books, tools, and other training materials, will be provided to blind individuals as VR services under the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93‑516).  These programs will include on-the-job training in all aspects of vending facility operation for blind persons with the capacity to operate a vending facility, and upward mobility training (including further education and additional training or retraining for improved work opportunities) for all blind licensees.  DHS-DRS will further ensure that post-employment services will be provided to blind vendors as VR services as necessary to assure that the maximum vocational potential of vendors is achieved and suitable employment is maintained within the State's vending facility program.

 

4)         Facility Status During Retraining

 

A)        A vendor who is mandated to take retraining, pursuant to subsection (d)(1), must within six months satisfactorily complete the retraining by meeting the same standards as those of initial training (Section 650.60(c)) to retain operation of his/her facility.  A vendor who does not satisfactorily meet these standards will only be eligible to bid on facilities for which he or she is certified.

 

B)        If retraining is provided to a vendor under subsections (d)(2) and (3), the vendor will retain his or her right to the assigned facility during, and upon successful completion of, retraining.

 

C)        During retraining, the vendor's replacement person costs will be paid by DHS-DRS.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.70  Certification of Vendors

 

a)         An individual may be certified in one or more of the following areas:  retail, food service and vending.

 

b)         DHS will certify individuals who:

 

1)         successfully complete the core module and one or more specific training modules as set out in Section 650.60; and

 

2)         demonstrate potential for employment as a vendor, as determined by a Screening Committee interview with the individual. This determination shall be based upon the individual's personality (e.g. the individual's ability to get along with the public and fellow workers), performance during on-the-job training, and motivation (e.g. attendance, how well he or she accepts direction, positive customer service). The Screening Committee shall be composed of the supervisor and the trainers employed by DHS, and shall employ the active participation of ICBV or its designee.

 

c)         Certification in any area will only be valid for 24 months, subject to the provisions  of this Section.

 

d)         Recertification for each additional 24 month period will only be granted if the vendor or graduate of training has:

 

1)         had at least six months of work experience in the past 24 months in the specific area; or

 

2)         satisfactorily completed two training programs in a specific area, offered or authorized by Program staff prior to attendance, during the past 24 months.  Both training programs must be pertinent to the area of certification, as determined by DHS, and at least one of them must be a course offered or arranged by DHS or a college or university.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.80  Licensing of Vendors

 

           

a)         Licenses permitting individuals to manage facilities will only be issued to persons who:

 

1)         are certified by DHS as qualified to manage and operate a facility; and

 

2)         satisfactorily complete a 6 month probationary period performing management and operation functions in a Program facility as an assigned vendor or replacement vendor.  The supervisor will use the criteria in Section 650.90(d) to determine satisfactory completion of the probationary period.

 

b)        All licenses will be reviewed by the supervisor at the beginning of each calendar year to determine if the vendor is currently certified. Notification of the status of certification will be made by the supervisor to the vendor in writing.

 

c)         An individual must meet the standards for completing training described in Section 650.60(c).  If results of these tests reveal areas of deficiency, the vendor must successfully complete a retraining program to address those deficiencies.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.90  Awarding of Facilities

 

a)         A licensed vendor or a graduate of training holding appropriate certifications may bid on an available facility for which he or she is certified under Section 650.70. Before a vendor may bid on a facility, a current annual evaluation is required to be on record.

 

b)         DHS shall send notification of all facility openings to all vendors and to individuals certified under Section 650.60.  The bid announcement will include:

 

1)         location of the available facility;

 

2)         type of facility (i.e., retail, food service or vending machine, or combination);

 

3)         types of certifications necessary based on the make-up of the facility (e.g., retail, food service or vending);

 

4)         requirements of the vacant position based on the type of facility and the conditions contained in the permit or agreement with the management of the building in which the facility is located;

 

5)         anticipated income from the facility based upon profit and loss statements for existing facilities and projections based on the profit and loss statements for the previous three to six months for new facilities, if available;

 

6)         the date by which the bid shall be received, which date shall be within 15 days following the date of notification.  Receipt shall mean the bid is received at Business Enterprise Program for the Blind, Central Office, 809 Commercial Ave, Springfield IL  62703 by 5:00 p.m. on the date designated in the bid;

 

7)         a statement indicating that the vendor may submit a self-analysis of his/her performance;

 

8)         the estimated value of inventory of merchandise; and

 

9)         the Program's Bid Application (IL488-2048).

 

c)         Every licensed and appropriately certified vendor and appropriately certified graduate of training, under Section 650.60, who has bid for an open facility must be interviewed in-person and evaluated by the Selection Committee.  The Selection Committee shall consist of:  the DHS-DRS Supervisor of Personnel and Training, who shall chair the Committee; a DHS-DRS VR Counselor for the blind; two vendors agreed upon by the ICBV Chair and by the Chair of the Selection Committee. In the event an agreement cannot be reached by DHS and the ICBV Chair, each shall select a vendor.

 

1)         Within 30 days after bids have been received by DHS, the Selection Committee shall meet and complete its part of the selection process.

 

2)         The Chair shall provide an agenda to the Selection Committee, set the location for the interview, and ensure all relevant information and forms are available in an accessible format as required by the individual committee member, which includes:

 

A)        a complete and signed Program Bid Application (IL488-2048) for each appropriately certified applicant bidding on the facility;

 

B)        when applicable, the most recent Annual Evaluation (IL488-2047) of each applicant prepared by the business consultant.  If available, a written analysis of the criteria in subsection (d) of this Section, based on the applicant's previous 12 months, shall be included with the annual evaluation;

 

C)        Profit and Loss statements from the preceding 12 months for each vendor bidding, or whatever portion is available;

 

D)        a written self-analysis of performance during the prior 12 months (this requirement is not mandatory but is highly desirable);

 

E)        the bid announcement for the facility;

 

F)         Rating Forms (IL488-2049) for the Selection Committee members; and

 

G)        a copy of proposed Selection Committee questions developed by Program staff and/or the Selection Committee.

 

3)         The Selection Committee shall review this Section and the procedures for the Selection Committee, interview and score each applicant, and submit all completed Committee Member Rating Forms to the Chair of the Selection Committee.

 

4)         The discussions held during a Selection Committee meeting shall be confidential (89 Ill. Adm. Code 505) and filed in a separate file. However, the Selection Committee's numerical ratings, without names or other identifying information, shall be made available to the applicants upon request, if there are more than two applicants.  An individual's rating shall be made known to the individual upon request.

 

d)         The Selection Committee shall assess the following criteria, as applicable to the facility.  The criteria are not listed in priority order.

 

1)         Customer Relations – the ability to relate to and communicate with customers in a positive manner;

 

2)         Business Practices – use of good business practices set forth in Section 650.100;

 

3)         Reliability – the extent to which the applicant carries out his/her facility responsibilities, in compliance with this Part;

 

4)         Discipline – oral and written reprimands within the previous 12 months and suspensions imposed within the previous two years from the date the bid is due.  Information from proposed disciplinary actions and grievances of those actions shall also be made available;

 

5)         Mechanical Aptitude – the ability to operate and maintain the equipment at the current facility, as well as equipment at the facility to be awarded;

 

6)         Handling Equipment Problems – the ability to determine and correct equipment failures in a timely manner;

 

7)         Work Experience – the previous work experience in the Program, including the kinds of facilities at which the applicant has worked and previous work experience outside the Program;

 

8)         Employee Management Skills – the ability to supervise employees and other leadership abilities;

 

9)         Organizational Skills – the ability to plan, implement, and complete facility functions;

 

10)         Physical Stamina – the ability to meet the physical demands of the facility;

 

11)         Orientation and Mobility Skills – the ability to move about and function safely in and around the facility;

 

12)         Employee Replacement – the ability to locate and utilize temporary employees when necessary;

 

13)         Operational skills – whether or not operational standards (e.g. gross profit percentage, labor cost, menu preparation, customer service) were met in previous facilities; and

 

14)         Financial Management – sound fiscal management of facility assets (e.g., handling cash receipts correctly, preparing necessary financial reports, maintaining security of program assets).

 

e)         The facility shall be awarded to the applicant who is most qualified for that specific facility with the highest rating above 60% based upon the selection process described in subsection (c)(2).

 

f)         If more than one applicant has received the same score from the Selection Committee, seniority shall be used to award the bid.

 

g)         If the scores by the Selection Committee and seniority are equal, the licensed applicant who is not currently operating a facility will receive priority.

 

h)         If there is not a successful bidder (i.e., no bidder receives at least 60%), the facility will be re-bid.

 

i)          Any applicant who is dissatisfied by the bid award may appeal the decision under 89 Ill. Adm. Code 510.

 

j)          Within two days after the decision to award a facility, DHS will send the successful applicant a written offer of the facility and a Vendor Agreement for that facility.  Within five days after receipt of the offer, the vendor must mail the signed Vendor Agreement  and a letter of acceptance to the supervisor.  Within 10 days after receipt of the offer, the vendor must notify the supervisor of the date of resignation from the current facility; this date shall be no later than 40 days from the date of the written offer.  Failure of the vendor to provide a date of resignation shall result in the effective day of resignation being the 40^th day.

 

k)         If the applicant does not accept the offer within five days after the written offer, the facility shall be offered to the next highest ranking applicant with a score of 60% or higher.  Unsuccessful bidders shall be notified in writing within two days after the acceptance of the facility by the successful bidder.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.100  Business Practices

 

Vendors and graduates of training serving their probation shall be required to follow business practices set forth in this Section.  Failure to comply with these business practices shall result in disciplinary action as contained within Section 650.110 and as shown for each practice.

 

a)         The vendor shall maintain complete and current facility manuals at the facility.  Failure to keep current and complete manuals shall result in an oral reprimand.  These manuals shall include:

 

1)         the Location Manual, which shall contain, at a minimum:  commodities and equipment inventories, price lists, job descriptions, a security program developed by DHS and the vendor, the facility permit or contract, facility policies and procedures, and the vendor agreement; and

 

2)         the Facility Reference Manual, which includes all written rules and regulations, procedures promulgated by DHS and/or the nominee agency, and any other documents listed in this Part or required to be included by DHS.

 

b)         All Program forms prescribed by DHS for recordkeeping purposes shall be accurately completed and submitted within established timelines.  Each individual violation shall result in an oral reprimand.

 

c)         The vendor shall adhere to all applicable State, county, and local health codes as contained in the Sanitary Food Preparation Act [410 ILCS 650], the Counties Code [55 ILCS 5/5-1115] and Department of Public Health Regulations (77 Ill. Adm. Code 743 (Sanitary Vending of Food and Beverages), 750 (Food Service Sanitation Code), and 760 (Retail Food Stores Sanitation Code)) regarding personal hygiene.  The vendor is also responsible for informing the facility employees of these requirements and assuring compliance.  Clean, professional attire shall be worn in all facilities. Violation shall result in a written reprimand.

 

d)         Smoking, drinking, and eating by the vendor and employees shall be allowed only during break times established by the vendor in a written policy to be included in the Location Manual, and only in areas designated by the vendor in conformance with the facility contract or permit, Department of Public Health Regulations, (77 Ill. Adm. Code 743.90 and 750.530 and the Smoke Free Illinois Act [410 ILCS 82].  Violation shall result in an oral reprimand.

 

e)         The sanitation of the facility must comply with all applicable health codes, meet DHS facility program standards on the Sanitation and Safety Checklist (IL488-2050).  To ensure compliance with these standards, a sanitation schedule shall be established by the vendor.  This schedule shall be kept in the Location Manual and complied with by the vendor and all employees.  Violation shall result in an oral reprimand.

 

f)         The vendor shall inspect all merchandise checked into the facility for  quality, quantity, damage, back order, price variances, and to assure storage in accordance with the Sanitation and Safety Checklist.  The vendor also shall coordinate all corrections in orders with purveyors to ensure proper credit and to ensure maintenance of facility profit margins. Evidence of violation shall result in an oral reprimand.

 

g)         The vendor shall adhere to the facility contract or permit and any addenda (e.g., hours of operation, price constraints, menu selection). Violation shall result in a written reprimand.

 

h)         The vendor shall maintain current and accurate records of product cost, complete product mixes and product price.  Prices charged for products will be in accordance with the facility contract or permit.  A current list of the inventory and a price list will be placed in the Location Manual. Violation shall result in an oral reprimand.

 

i)          Payment for purchases of goods or services shall be made in a timely manner and carried out in accordance with accepted business practices and with purveyors' requirements.  Violation shall result in a written reprimand.

 

j)          Each vendor shall be responsible for all legally mandated and commonly accepted personnel practices (e.g., Department of Labor rules at 56 Ill. Adm. Code, Chapter I, Subchapter b (Regulation of Working Conditions)) for employees of the facility.  Violation shall result in an oral reprimand.

 

k)         Consumption of alcoholic beverages or use of illegal drugs at the facility by a vendor or employee or working under the influence of alcohol or drugs is not permitted.  Violation shall result in immediate suspension for three facility business days and/or corrective action.

 

l)          No alcohol (except as used in service to the facility with the consent of the Program Administrator or designee) or illegal drugs shall be allowed at a facility.  Violation shall result in a written reprimand.

 

m)        Facility money, product, equipment or Program assets shall not be removed from the facility by the vendor for personal use.  (Program assets shall include inventory, merchandise and stock, and/or personal assets of another inventoried-in manager.)  A violation shall result in termination of license.

 

n)         In facilities having cash registers, all sales and services must be recorded on the cash register at time of purchase.  In all other facilities, all cash removed from each vending machine must be recorded on the facility's Vending Cash Out Sheet.  The form shall be kept by the vendor either at the facility or producible upon request the next business day.  Violation shall result in a written reprimand.

 

o)         A facility shall not be closed during regularly scheduled business hours, except in cases of family or medical emergency or other natural emergencies (e.g., severe weather).  Violation shall result in a written reprimand.

 

p)         If the facility is closed because of the absence of the vendor for all or part of two consecutive business days, the vendor will be considered to have abandoned the facility (unless there was an emergency).  Violation shall result in forfeiture of facility.

 

q)         Each vendor shall conduct himself/herself in a professional manner in contacts with building management (e.g., avoiding use of profane language, racist or sexist remarks, inappropriate gestures or physical contact).  Violation shall result in an oral reprimand.

 

r)          A vendor is responsible for maintaining the security of the facility, including the service area, storage areas, machines, product and cash, and shall be responsible for leaving the facility at that level of security. Violation shall result in a written reprimand.

 

s)         The vendor must maintain a professional attitude and demeanor toward customers and the public at all times.  Violation shall result in an oral reprimand.

 

t)          A vendor is responsible for the conduct of his/her employees and must ensure they are aware of and adhere to these business practices.  The vendor is responsible for correcting actions of an employee and enforcing the business practices where they apply to the employee.  Violation shall result in an oral reprimand.

 

u)         A vendor is responsible for all appropriate payments for local, State and federal taxes, and fees (if applicable), related to sales and to the employees at the facility to which he or she is assigned.  Violation shall result in a written reprimand.

 

v)         A vendor shall devote full time (minimum of 37.5 hours per week) to the business of the facility, carrying out assigned activities, responsibilities and relationships in accordance with this Part.  Violation shall result in an oral reprimand.

 

w)        A vendor shall seriously consider advice presented by the business consultant or other personnel employed by DHS or the nominee agency. Violation shall result in an oral reprimand.

 

x)         A vendor must maintain all facility financial accounts in such a manner that assures no interruption of service and that all funds, including program assets and the vendor's working capital, are balanced at the end of each fiscal reporting period for that facility.  Violation shall result in a written reprimand.

 

y)         A vendor shall operate the facility in a manner that avoids repeated violation of a variety of these business practices. Violation shall result in a written reprimand, in addition to the consequences of the other business practice violation.

 

z)         Under Illinois law, it is a crime to eavesdrop/record a conversation without consent of all of the parties [720 ILCS 5/14].  The crime, for first offense, is a Class 4 felony and, for a second or subsequent offense, is a Class 3 felony.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.110  Disciplinary Procedures for Vendors

 

a)         Disciplinary actions shall include the following:

 

1)         oral reprimand;

 

2)         written reprimand;

 

3)         suspension;

 

4)         loss of facility; and

 

5)         termination of license.

 

b)         Any time discipline is imposed, the vendor shall be advised of the right to grieve under Section 650.130.

 

c)         Oral Reprimand

 

1)         An oral reprimand is a discussion, in person or by telephone, involving the vendor, the business consultant, and the DHS Supervisor of Personnel and Training. An oral reprimand must occur within five days after any Program staff member's knowledge of an incident that occurred within the last 30 days.  The oral reprimand shall identify the rules or policy violated, corrective action, and the consequences of repeated violations.  An oral reprimand shall be used for the first violation of this Part, with the exception of Section 650.100(c), (g), (i), (k), (l), (m), (n), (o), (p), (r), and (y).

 

2)         The discussion shall be identified to the vendor as an oral reprimand, and  the vendor shall be advised that a rule has been violated and what corrective action is necessary.

 

3)         The person giving the oral reprimand shall send a written report to the supervisor that shall include the time and date of violation, nature of the violation, corrective measures required, date of the oral reprimand, vendor's comments and vendor's signature.  A copy shall also be provided to the vendor.  The Supervisor of Personnel and Training shall, within 10 days after receipt, review the written report.

 

A)        If the supervisor is in agreement with the written report, he or she shall place a copy of this report in a working file on discipline; however, the vendor's permanent personnel file shall not contain any reference to the reprimand.

 

B)        If the supervisor does not agree with the oral reprimand, the report will be returned to the vendor.

 

C)        The working file on discipline shall be available for the vendor's review and shall be subject to DHS rules on confidentiality (89 Ill. Adm. Code 505).

 

D)        An oral reprimand in the working file on discipline shall be destroyed one year after its date, if no repeat of that violation occurs.

 

4)         Action resulting in an oral reprimand that is not corrected may be the basis for a written reprimand.

 

d)         Written Reprimand

 

1)         A written reprimand shall be issued for a second violation of  this Part following an oral reprimand for the same business practice violation.  Written reprimands are also issued for the violation of a health code or location permit or contract violations.

 

2)         Within 10 days after the supervisor's knowledge of the violation, provided the violation has occurred within the past 60 days, the supervisor shall prepare a written reprimand.  The written reprimand shall be sent to the vendor's mailing address by certified mail, return receipt requested, or delivered in person by Program staff with a signed receipt to be returned to DHS.

 

3)         The Supervisor shall prepare a written reprimand that:

 

A)        outlines the events leading to the reprimand;

 

B)        explains the violation of this Part;

 

C)        reviews any existing prior oral reprimands for similar offenses;

 

D)        states all known facts about the present violation, including the names of all known witnesses;

 

E)        details the disciplinary consequences of continued offenses, as set forth in this Section;

 

F)         indicates the steps the vendor should take to correct the situation;

 

G)        states the vendor's right to grieve, as set forth in Section 650.130.

 

4)         A copy of the written reprimand shall be placed in the vendor's permanent personnel file.  One year from the date of reprimand, the reprimand shall be removed from the vendor's personnel file and sent to the vendor.

 

e)         Suspension

 

1)         Suspension shall be imposed either when a violation is repeated within a year after the date of the written reprimand or when an immediate suspension is warranted pursuant to subsection (e)(5) of this Section.  The Administrator shall determine if suspension is warranted and, if so, the length of the suspension based on subsection (e)(3) and the effective date of the suspension.

 

2)         If a vendor is suspended, the facility shall be operated by a replacement person.  If the suspension is for more than six facility business days, an immediate inventory of all stock, equipment, and documents shall be taken, or directed to be taken, by DHS and recorded. If the suspension is for six facility business days or less, the vendor shall be assessed the daily average amount of income before set aside for the last three months or the cost of replacement labor, whichever is greater.

 

3)         The first suspension for any violation shall be for up to 20 facility business days.  If the violation is repeated within one year after the ending date of the first suspension, the second suspension shall be for up to 40 facility business days.  If a vendor receives more than two suspensions for any reason during a three-year period, the third and subsequent suspensions shall be for 40 facility business days each.

 

4)         Notices of Suspension shall be sent to the vendor, at his or her last known address, by certified mail, return receipt requested or delivered in person by Program staff with a signed receipt to be returned to DHS.  The Notice of Suspension shall state the effective date, the basis for the suspension, and the length of the suspension.

 

5)         An immediate suspension of three facility business days shall be imposed without notice pursuant to subsection (e)(4) of this Section by the Supervisor if the vendor's continued presence could be a direct threat to self, others, property, or the loss of the facility (e.g., fighting with customers, being under the influence of drugs or alcohol, disorderly conduct, using profane language with customers) or if necessary to investigate charges of misconduct.  This discipline may be grieved pursuant to Section 650.130 and, if the decision favors the vendor, the vendor shall be reimbursed the costs of replacement labor.

 

f)         Loss of Facility

 

1)         A vendor shall lose the facility if one of the following occurs:

 

A)        the vendor receives three suspensions that have not been overturned for any reason in a two-year period;

 

B)        the vendor receives two suspensions that have not been overturned for violation of the business practice in Section 650.100(q) in a two-year period;

 

C)        failure to return from leave (see Section 650.150);

 

D)        the building manager states in writing that the account with the facility will be lost if the vendor remains at the facility; or

 

E)        the vendor or graduate of training falsifies his or her Bid Application Form (IL488-2048) or any material used by or submitted to the Selection Committee.

 

2)         If for two consecutive months the gross profit (i.e., the ratio of cost of goods to net sales) of the assigned facility is more than 10% below the projected average, or the average profit percentage is more than 8% below the projected average for four consecutive months, DHS will observe the facility's operations to determine the cause of the failure to meet projections.  If it is determined the vendor is at fault, DHS will make written recommendations to improve the actual gross profit percentage.  If after two more months the facility is not within three percentage points of the projected goal, the vendor shall lose the facility.

 

3)         The loss of a facility by a vendor shall not restrict the vendor from bidding on another facility, but he or she shall not be awarded the same facility.

 

g)         Termination of License

 

1)         A license shall terminate, without further notice, when:

 

A)        a vendor notifies DHS in writing that he or she has withdrawn from the Program;

 

B)        a vendor experiences an improvement of vision above the definition of legal blindness in Section 650.50(a);

 

C)        the vendor fails to notify DHS of a change of address and the vendor has had no contact with DHS for one year;

 

D)        the vendor abandons a facility with no notice to DHS, as described by Section 650.100(p);

 

E)        the vendor uses Program assets (facility income, equipment, stock, or money) for personal use (e.g., paying personal bills, buying personal property, taking stock or equipment home);

 

F)         the vendor has lost two facilities within five years as described in subsection (f)(1)(D); or

 

G)        the vendor is convicted of a felony.

 

2)         An individual must wait two years from the effective date of license termination before applying for readmission to the Program in accordance with Sections 650.50 and 650.60.  All seniority rights shall be lost at the time of the license termination and shall not be reinstated.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.120  Disciplinary Procedures for VR Customers in Initial Training

 

a)         Trainees who are receiving initial training and vendors receiving retraining in the classroom or at an on-the-job training site shall be disciplined as set out in this Section for violating a rule of conduct.  Any VR customer dissatisfied with any action by the Department may utilize the Client Assistance Program (CAP) and may grieve the action pursuant to 89 Ill. Adm. Code 510.  Documentation of discipline shall be kept in the individual's personnel file.

 

b)         A trainee wishing to appeal discipline may do so under 89 Ill. Adm. Code 510.  A vendor wishing to appeal discipline may do so under Section 650.130.

 

c)         The following actions shall begin with the discipline shown and progress as follows:  oral reprimand or written reprimand, suspension from training for one day and termination from training.

 

1)         Leaving training during scheduled hours without permission.  Oral reprimand.

 

2)         Sleeping during training.  Oral reprimand.

 

3)         Failing to report any injury.  Oral reprimand.

 

4)         Failing to request a scheduled absence (e.g., scheduled doctor's appointment, family obligation, transportation problems) 24 hours in advance from the Training Director or designee.  Oral reprimand.

 

5)         Failing to obey rules of the Illinois Center for Rehabilitation and Education/Community Residential Services for the Blind and Visually Impaired as set forth in 89 Ill. Adm. Code 730.  Reprimand or disciplinary action shall be consistent with 89 Ill. Adm. Code 730.650.

 

6)         Failing to notify the training staff by 7:00 a.m. on any day the trainee is unable to attend classroom training.  Oral reprimand.

 

7)         Failing to notify the training staff before the scheduled starting time of the inability to attend on-the-job training.  Oral reprimand.

 

8)         Failing to wear the uniform provided during training.  Oral reprimand.

 

9)         Eating, drinking or smoking in class or outside designated areas.  Oral reprimand.

 

10)         Disregarding safety or sanitation practices (e.g., failing to report unsafe equipment, removing machine parts without approval).  Oral reprimand.

 

11)         Using training equipment, machines or training telephones without specific approval from the Training Director or designee.  Oral reprimand.

 

12)         Excessive absenteeism or tardiness (e.g., more than two unscheduled absences or reporting tardy more than three times).  Written reprimand.

 

13)         Unprofessional conduct (e.g., use of profane language, racist or sexist remarks, unwelcome sexual advances, verbal or physical conduct of a sexual nature).  Written reprimand.

 

14)         Cheating on tests.  Written reprimand.

 

15)         Damaging Program property through failure to exercise proper care.  Oral reprimand.

 

d)         The following actions shall result in termination from training:

 

1)         Theft.

 

2)         Consuming or possessing alcoholic beverages or illegal substances or working under the influence of alcohol or illegal substances during training.

 

3)         Inappropriate behavior that disrupts training or on-the-job training (e.g., fighting, gambling, conducting a lottery, tardiness that continues after a written reprimand).

 

4)         Inflicting or attempting to inflict harm upon the person or property of another.

 

5)         Misrepresenting or withholding information on the Employment Verification form (I-9).

 

6)         Failing or refusing to follow instructions or complete assigned objectives in a timely fashion in any area of training and on-the-job training.

 

7)         Possessing a dangerous weapon during training (e.g., a knife with a blade longer than two inches).

 

8)         Threatening, coercing or interfering with a trainee, DHS employee, vendor or customer.

 

9)         Three unexplained absences.

 

10)         Cheating in the final examination.

 

11)        Altering or willfully destroying Program records, files or property.

 

e)         Oral and written reprimands shall be imposed pursuant to Section 650.110 by a member of the training staff.  If possible, another staff member as well as the VR counselor, if available, should be present when discipline is imposed.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.130  Grievance Procedures for Vendors

 

a)         Dissatisfaction of a vendor with any DHS action arising from the administration of the Program shall be appealed pursuant to 89 Ill. Adm. Code 510.  A vendor may grieve discipline pursuant to the following procedures for Level I (Administrative Reviews) and Level II (Evidentiary Hearings).  The action of grieving a suspension, not including an immediate suspension, to Level I or Level II shall stay the imposition of the discipline until the administrative remedies within DHS have been exhausted.  A Level I Hearing is optional;  a vendor may choose to go directly to a Level II Hearing and follow the procedures in subsection (c)(2) of this Section.  A suspension shall be grieved by appealing directly to Level II.

 

b)         Level I (Administrative Review)

            In order to grieve an oral or written reprimand imposed under Section 650.110, DHS must receive a request for a Level I Hearing within 15 days after the date of receipt of notification that discipline is to be imposed. The vendor shall give notice in writing by certified mail to the Administrator, which shall state the reason for the grievance and the remedy being sought.

 

1)         If the grievance is timely, the Administrator or designee shall, within five days, notify the vendor by certified mail of the time and place of the Level I Hearing, to be held between 10 and 15 days after receipt of the vendor's notice at the Springfield administrative office of DHS, 809 Commercial Drive, Springfield IL 62703. The Administrator, or designee, and vendor shall meet and attempt to resolve the grievance to their mutual satisfaction.

 

2)         Within 10 days after the adjournment of the meeting, the Administrator shall send the vendor a letter by certified mail stating DHS' position and summarizing the results of the hearing.  The letter must cite:

 

A)        a statement of the basis upon which the decision was made;

 

B)        the applicable laws, rules, regulations and policies used;

 

C)        the name and address of the DHS Hearings Coordinator; and

 

D)        a statement that, if the vendor is dissatisfied with the decision, a request for a Level II Hearing must be received by the Hearings Coordinator within 15 days from the date of receipt of the Level I Hearing decision notice.  The request shall be in writing, be addressed to the DHS Hearings Coordinator at 100 South Grand Avenue East, 3^rd Floor, Springfield, Illinois 62762, contain the reason for the Level II Hearing, and propose four acceptable dates for the hearing, which dates shall be within 20 days after the request.

 

c)         Level II (Evidentiary Hearing)

 

1)         If the vendor requests a review of an action in which there has been no Level I Hearing, the request for a Level II Hearing must be received by the DHS Hearings Coordinator within 15 days after the date of notification that discipline is to be imposed.  The request shall also propose four acceptable dates for the hearing, which dates shall be within 20 days after the request.

 

2)         If the vendor has chosen to have a Level I Hearing and then requests a Level II Hearing, the Hearing Officer at the Level II Hearing shall review only those issues presented by the vendor or that are material and related to those presented in the Level I Hearing.

 

3)         Within 5 days after receipt of the request, the DHS Hearings Coordinator shall select one of the offered dates and notify the vendor by certified mail of the date and place for the Level II Hearing, stating the Hearing Officer's name and address and informing the grievant of all rights accorded pursuant to this Part.

 

4)         DHS shall be represented by the Administrator or designee, who may be assisted by other staff, including the DHS legal counsel.

 

5)         At least three days prior to the hearing, the vendor and the Administrator must provide each other and the Hearing Officer with a list of witnesses and copies of documents not in the possession of the other party.

 

6)         The following is the order of proceedings:

 

A)        presentation, argument and disposition of all preliminary motions and matters;

 

B)        opening statements;

 

C)        evidence presented by the vendor;

 

D)        evidence presented by DHS;

 

E)        rebuttal by either or both sides; and

 

F)         closing statements.

 

7)         The vendor and DHS are entitled to present their cases by oral or documentary evidence, to submit rebuttal evidence and to conduct such examination and cross-examination of witnesses as may be required for disclosure of all facts bearing on the issues.

 

8)         The Hearing Officer

 

A)        The Level II Hearing shall be heard by an Impartial Hearing Officer appointed by the Hearing Coordinator from a list maintained by him/her.

 

B)        The qualifications for a hearing officer are:

 

i)          impartiality;

 

ii)         an understanding of the applicable rules (89 Ill. Adm. Code 650);

 

iii)        the ability to preside over the evidentiary hearing; and

 

iv)        the ability to reach a recommendation based upon the facts presented at the evidentiary hearing and the applicable rules.

 

9)         The Hearing Officer has the power to:

 

A)        control the conduct of the hearing to prevent irrelevant or immaterial discussion;

 

B)        rule upon all motions and other matters arising in the course of the hearing, including, but not limited to, admissibility of evidence; and

 

C)        require the parties, in an agreed upon time frame, at any stage of any hearing or after all parties have completed the presentation of their evidence, to present further evidence, including, but not limited to, the production of any and all documents, books, papers and accounts the Hearing Officer deems pertinent or relevant to any issue.

 

10)         Any relevant evidence presented that is of a type commonly relied upon by reasonably prudent individuals may be admissible, i.e., any information not presented in the hearings previously that pertains to the issues raised in the grievance and has been made available to both parties within the agreed upon time.

 

11)         DHS will make an audio tape recording of the proceedings and will provide the vendor with one copy, upon request, at no cost.  Upon request by a vendor, a Braille or large print transcript will be provided at no cost.

 

12)         The record of testimony, exhibits, and all papers and documents filed in the hearing shall constitute the exclusive record for decision.

 

13)         The Decision

 

A)        Within 15 days after the hearing is adjourned, the Hearing Officer shall provide a recommendation to the Director of DHS-DRS. The recommendation of the Hearing Officer shall be based upon the record of the hearing and shall set forth the principal issues and relevant facts adduced at the hearing; the applicable provisions in law and regulation; and a recommended action.  It shall also contain findings of fact and conclusions with respect to each of the issues and the bases for those findings and conclusions.

 

B)        The recommendation may also set forth any remedial action necessary to resolve operational problems of the Program.

 

C)        The Director of DHS-DRS shall make a decision as to the disciplinary action to be taken within 15 days after receipt of the recommendations.  The Director's decision shall state the principal issues and relevant facts brought out at the hearing, pertinent provisions in law, regulation and Program procedures, the reasoning that led to the decision, and the vendor's right to appeal to the U.S. Department of Education pursuant to 34 CFR 395.13 (2009).  A copy of the Hearing Officer's recommendations shall be attached to the Director's letter.  The Director shall send copies of the decision by certified mail to the Hearing Officer, the vendor and his or her personal representative, and the Administrator.

 

D)        If the vendor is dissatisfied with the decision rendered after a Level II Hearing, the vendor may request that an arbitration panel be convened by filing a complaint with the Secretary of the United States Department of Education, as authorized by Section 5(a) of the Randolph-Sheppard Act  and 34 CFR 395.13 (2009).

 

d)         General Provisions for Level I and II Hearings

 

1)         A vendor may only designate one personal representative at any one time.  DHS and the Hearing Officer must be notified by the vendor of the appointment of a representative by filing, at least three days in advance of a hearing, a notice of appearance stating the representative's name, address and telephone number, identifying the vendor represented, and signed by the vendor.

 

2)         Grievances by any party not directly aggrieved by the discipline cannot be heard by DHS pursuant to this Part.

 

3)         The vendor may request a reader, which DHS shall provide at its expense if it is necessary.  Either Braille, large print or audio material, at the vendor's request, will be used as required.

 

4)         All meetings with the vendor pursuant to this Section must occur at a time and location convenient to both parties.

 

5)         All proceedings pursuant to this Section are to be confidential and not open to the general public unless requested to be so by the vendor.

 

6)         DHS will assume the administrative costs of the appeals, e.g., reader and court reporter/transcription, but not costs personally incurred by the vendor because of the proceedings, e.g., legal fees, travel, witness costs, and room and board.

 

e)         Vendor's Rights Regarding a Grievance

            After a request for a hearing is received by DHS, the vendor must be informed of the right to:

 

1)         review his or her file and other related documents, with the exception of information submitted under Section 650.90 and confidential information;

 

2)         be represented by a personal representative who has filed a notice of appearance with DHS;

 

3)         an explanation of the grievance process as set forth in this Section;

 

4)         request a reader;

 

5)         withdraw the grievance at any time during the process, in which case the vendor cannot request a reopening of the grievance;

 

6)         a timely and impartial hearing;

 

7)         decline to appear for a Level I or II Hearing, in which case a review of the case file and any new written information or evidence submitted by the grievant shall be examined and a decision made based on that review by the Hearing Officer;

 

8)         confidentiality of the proceedings as set forth in 89 Ill. Adm. Code 505.10; and

 

9)         have DHS employees directly involved in the appealed action present at the hearings, and to question them.  However, if the employee is no longer employed by DHS and declines to attend the hearing after DHS has made a reasonable attempt to secure his or her attendance, the person most knowledgeable about the case shall attend.

 

f)         DHS Rights Regarding a Grievance

            DHS has the right to:

 

1)         refuse to hear grievances if not timely filed;

 

2)         have a DHS attorney present;

 

3)         cooperation by the vendor (e.g., responding to Hearing Officer questions, adhering to time frames provided in this Section);

 

4)         publish hearing summaries, with deletions as necessary to ensure a vendor's confidentiality; and

 

5)         consolidate for hearing all issues related to a vendor or to several vendors out of the same set of facts and circumstances.

 

g)         Conduct of the Hearings

 

1)         A hearing shall not be adjourned until the Administrator or Hearing Officer is satisfied that all facts needed for a decision have been presented.

 

2)         Only evidence bearing directly on the issue under review may be introduced; only evidence that has been made available to the other party may be considered by the Administrator or Hearing Officer.

 

3)         It is DHS' responsibility to prove that a violation occurred.  If the Hearing Officer determines that DHS failed to prove that a violation occurred, based on evidence and a review of applicable law and regulations, he or she may direct that the disciplinary action being grieved be removed from the vendor's file.

 

4)         All parties involved in the hearing must avoid undue delay caused by repetitive continuances so that the subject matter of the hearing may be resolved expeditiously.  A hearing may, for good cause shown (e.g., illness of a vendor or witness, crisis at a facility, severe weather), be continued by the Administrator or Hearing Officer.  Notice of the request must be given in writing to the other party and to the Hearing Officer no less than 5 days prior to the scheduled hearing date (in the absence of an emergency).

 

h)         Use of the Record

 

1)         Upon completion of the hearing, all records, recommendations, orders, and attached materials shall be placed in a permanent file.  This file shall be confidential and only those DHS officials involved in the disciplinary process shall have access to them.  In future cases, the legal representative of a vendor may examine the files, but only after the names, addresses, and identifying characteristics of any vendors involved have been removed.

 

2)         The Director of DHS-DRS reserves the right to submit the record of the Level II Hearing to the appropriate State or federal officials, together with a request that action be taken, if the record discloses that illegal conduct relating to the operation of the facility may have occurred.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.140  Set-Aside Funds

 

a)         The collection of set-aside funds shall be based on a schedule of assessment on net proceeds from each facility, including direct or commission income from vending machines assigned to the facility.

 

b)         DHS may authorize the nominee agency to collect set-aside funds that accrue to DHS from an assessment against the net proceeds of a facility. Such charges shall be determined for use as specified in 34 CFR 395.9 (2009) (i.e., maintenance and replacement equipment, purchase of new equipment, pension plans, health insurance contribution, etc.).

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.150  Leaves of Absence

 

a)         Medical Leaves

 

1)         Medical leaves of five facility business days or less do not require medical documentation; however, the vendor is responsible for ensuring that a trained replacement is operating at the facility.

 

2)         Medical leaves over five days will be granted only if the vendor provides medical documentation to the Supervisor prior to the leave, except in emergency (e.g., personal or family illness, death of family member).  The documentation shall consist of a statement from the attending physician explaining the vendor's medical condition and verifying the need for a leave and the length, if known.  In the event of a medical emergency that precludes advance notice to the Supervisor, documentation of the illness must be provided to the Supervisor within 15 days after the emergency occurred.  Leaves may not end until a medical statement is received by the Supervisor stating that the vendor's return to work is not medically contraindicated.

 

3)         Medical leaves shall be granted for no more than one year.  If after six months the vendor is unable to return to the facility, additional verification shall be obtained from a physician.  If after one year a vendor is unable to return to the facility, an inventory of property and stock shall be made and the facility reassigned as provided in Section 650.90.

 

4)         When a medical leave is granted, the vendor has the option of retaining management of the facility or temporarily transferring the management of the facility to DHS-DRS, subject to the following:

 

A)        If the vendor retains management of the facility, he or she will receive the net income from the assigned facility during the leave of absence.  The replacement person must be approved by the Supervisor or designee.

 

B)        If the vendor chooses to temporarily transfer management of the facility, an inventory of facility property and stock shall be taken at the time that the medical leave begins, and a temporary person will be assigned to the facility by DHS.  Any profits or losses accrue to or are covered from set aside.

 

5)         Should a vendor, due to a medically verifiable reason, be unable to make a decision regarding the operation of his or her facility, the supervisor, using best business judgment, will assign a temporary replacement person for the period the vendor is unavailable, not to exceed 6 months, after which the provisions of subsection (a)(3) take effect.  Operation of the facility will be returned to the vendor when a physician's written verification is received stating that the vendor is able to make a decision regarding operation of the facility and that the vendor is able to return without limitations that would impede the vendor's ability to manage and operate the facility.  If the physician's written verification states the vendor has limitations, but is able to return to manage and operate the facility with reasonable accommodations, then a request for such accommodations will be reviewed by the Business Enterprise Program for the Blind and a determination will be rendered.  Under no circumstances shall the reasonable accommodation be an individual who acts as a permanent replacement for the vendor in the management and operation of the facility.

 

b)         Personal Leaves

 

1)         A vendor may take up to a total of 15 days of personal leave in any one calendar year.

 

A)        If a vendor takes up to four consecutive days of personal leave at one time, prior notification to the Supervisor is not required.  However, the vendor must provide a trained replacement person.

 

B)        If a vendor takes more than four consecutive days of personal leave at any one time, five days prior notification to the supervisor is required.  The vendor shall provide a trained replacement person.

 

C)        A vendor may not take more than 15 days of personal leave in any one calendar year, unless the vendor obtains prior written approval of the Supervisor.  The vendor shall provide a trained replacement person.

 

2)         Notification to a supervisor regarding personal leave shall contain the name of the trained replacement and, when possible, a telephone number and address where the vendor can be located during the leave.

 

3)         The supervisor has the right to negotiate a different starting date for the leave based on the availability of a trained replacement.

 

4)         During a personal leave, the vendor shall retain management of his or her location and its net income.

 

5)         The replacement selected by the vendor shall be reviewed by the supervisor, based upon the replacement's abilities to manage the facility as demonstrated by previous experience, and also meet the stipulations of the facility contract.  If the supervisor has questions about the replacement person, he or she shall discuss them with the vendor.

 

6)         If the vendor fails to return to the facility upon completion of the leave or fails to obtain prior approval from the supervisor for an extension, DHS will attempt to contact the vendor by telephone. If no response is received by the second business day, the provisions of Section 650.110(f)(1) shall become effective.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)

 

Section 650.160  Vending Facilities in Rest Area

 

a)         It is the responsibility of the vendor to maintain customer complaint/refund cards in an easily accessible area for customer use. These cards shall be furnished to the vendors by DHS.  These cards shall be returned to DHS by the customer at an address specified by DHS on the card.  DHS shall contact the vendors, who will be responsible for refunding the money to the customer.

 

b)         Whenever more than one complaint a day regarding the quality of services or goods, the activities of the vendor or return of lost monies at rest areas is made to DHS by vending customers, the vendor must make improvements in vending operations to reduce complaints to below the occurrence of one per day.

 

(Source:  Amended at 34 Ill. Reg. 1535, effective January 19, 2010)