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)