22VAC45-40-10. General.

This chapter is promulgated by the Department for the Visually Handicapped Blind and Vision Impaired (DBVI) to clarify and establish the responsibilities of state and local agencies as they relate to persons who are 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 51.5-89 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 shall 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.)) and related federal regulations with respect to appropriate vendor representative consultation.

1. The department shall have first priority to operate, with qualified persons who are blind persons, vending facilities or other business enterprises in public buildings. Whenever an existing vending facility or other business enterprise in a public building becomes vacant or whenever an opportunity to establish a vending facility or business enterprise arises due to renovation, construction, acquisition or leasing; or upon the expiration of an existing food or service contract, the department or responsible agency shall offer to the Department for the Visually Handicapped department the opportunity to operate the vending facility or other business enterprise with a qualified person who is blind person.

2. The department or agency shall notify the Department for the Visually Handicapped department of such the vacancy or opportunity by mail in writing as early as it is practical, but no later than 90 days prior to occupancy. The Department for the Visually Handicapped department, 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 it receives notice of the vacancy or opportunity.

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 3. 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 and the 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 to be operated by the department shall be subject to the control by the Department for the Visually Handicapped of the department.

5 4. Complaints of noncompliance with § 63.1-155 51.5-89 of the Code of Virginia or with the department's rules and regulations of the department may be filed by the Department for the Visually Handicapped department and should follow the procedures listed below described in this section:

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 the complaint is located.

b. A panel of three individuals to hear the complaint is shall to be appointed by the Secretary of Health and Human Resources and the respective secretary of the Cabinet in which the agency subject to the complaint is located. The panel will shall consist of the Director Commissioner of the Department for the Visually Handicapped department, 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 shall be selected determined by the panel. After full consideration of the facts evidence, the panel will shall make a its decision, which shall be binding upon the interested parties department and the agency subject to the complaint.