Arkansas Administrative Code

22 CAR § 5-104. Application, evaluation, and training process. (a) Applicant. (1) An individual who has been referred in writing with accompanying documentation to the Vending Facility Program Training Specialist via a Division of State Services for the Blind Vocational Rehabilit…

22 CAR § 5-105. Evaluation and training rights and responsibilities. (a) Purpose. (1) The purpose of evaluation and training is to: (A) Directly ascertain the potential to manage a vending facility; and (B) Provide in a customized fashion vocational training needs for eligible pe…

22 CAR § 5-106. Licensing. (a) Upon successful completion of the Vending Facility Training Program, the individual will be certified for licensure. (b)(1) All certified licensees will be placed on a four-calendar-month probationary period upon initial assignment to a location. (2…

22 CAR § 5-107. Deficiency and upward mobility training. (a)(1) The respective Vending Facility Program Specialist shall provide short-term training. (2) If the specialist deems it advisable, the specialist shall submit in writing a request to the Vending Facility Program Adminis…

22 CAR § 5-108. Extension of license certification. (a) The certified licensee will remain certified for licensing for a period of two (2) years. (b)(1) Should the licensee not be assigned a location at the end of the two (2) years, the Vending Facility Program Training Specialis…

22 CAR § 5-1101. Administrative review procedures — Procedures. (a)(1) A vendor or his or her designee (who may be a member of the State Committee of Blind Vendors) may request in writing within fifteen (15) working days of the occurrence of the action, an administrative review o…

22 CAR § 5-1102. Full evidentiary hearing procedures. (a)(1) When a vendor is dissatisfied with an action by the Division of State Services for the Blind arising from the operation or administration of the Vending Facility Program, the vendor may file a complaint with the divisio…

22 CAR § 5-1103. Arbitration procedures. (a) The policies for the convening of an ad hoc arbitration panel provided for by Sections 5(a) and 6 of the Randolph-Sheppard Act Amendments of 1974 and 34 C.F.R. § 395.6(e) and § 395.13 and the procedures governing the designation of the…

22 CAR § 5-1201. Equipment inventory balancing. (a) The equipment inventory asset list will be balanced to the general ledger yearly. (b) Copies of the balanced information will be filed and sent to the Department of Human Services Managerial Accounting.

22 CAR § 5-1202. Visa card procedures. (a) Note. These funds are derived from the proceeds of the manager’s and vending machine income solely and are not related to a state or federal MOF. (b) Before making a purchase, the Vending Facility Program Specialist should complete VFP23…

22 CAR § 5-1203. Accounting general description. (a)(1) The Vending Facility Program maintains a double-entry record of financial transactions utilizing an automated accounting system (Peachtree/Sage) to process daily, monthly, quarterly, and annual accounting functions. (2) The …

22 CAR § 5-1204. The general ledger. (a)(1) The most important and permanent record of all financial information is maintained in the general ledger. (2) This ledger contains all of the accounts necessary to reflect the: (A) Financial status of the Vending Facility Program; and (…

22 CAR § 5-1205. Records retention schedule. (a) The Arkansas General Records Retention Schedule, 25 CAR pt. 60, will be used by staff to process all Vending Facility Program records. (b) Publication 14 in DHS Share is printed below as the current guide for record retention. (c) …

22 CAR § 5-201. Committee functions. (a) The functions of the State Committee of Blind Vendors are to: (1) Actively participate with the Division of State Services for the Blind in major administrative policy program development decisions affecting the overall administration of t…

22 CAR § 5-202. Committee organizational structure. (a)(1) The State Committee of Blind Vendors shall consist of five (5) members who shall be the same as the officers and members of the board of directors of the Arkansas Association of Blind Vending Facility Managers. (2) The ch…

22 CAR § 5-203. Election of committee members. (a)(1) Members of the State Committee of Blind Vendors shall be elected to serve terms of two (2) years. (2) The number of consecutive terms vendors may serve on the State Committee of Blind Vendors shall not be limited. (3) Particip…

22 CAR § 5-301. Issuance of licenses. (a) A license to operate a vending facility may be issued to persons who are determined by the Division of State Services for the Blind to be: (1) Blind; (2) Citizens of the United States; and (3)(A) Certified as qualified to operate a vendin…

22 CAR § 5-302. Termination of licenses. (a) Licenses shall be issued for an indefinite period of time, but shall be subject to suspension or termination by the Vending Facility Program Administrator under the following circumstances: (1) Improvement of vision so that the vendor …

22 CAR § 5-401. Operating agreement. The operating agreement between the Division of State Services for the Blind and the vendor, which must be signed at the time the vendor accepts assignment to a vending facility, sets forth the following terms and conditions: (1) The responsib…

22 CAR § 5-402. Specific policy requirements. (a) Appearance of facility. The vendor is responsible for keeping the facility clean and neat in appearance at all times. (b) Appearance of vendor and employees of the vendor. (1) The vendor and all relief and extra employees are expe…

22 CAR § 5-403. Evaluation of vendor. (a) Purpose. The purpose of vendor evaluations are to: (1) Ensure that the conditions of the permit and regulations are met; (2) Ensure that customers receive continuous quality vending services; and (3) Assess factors that are considered whe…

22 CAR § 5-404. Facility audits. (a) Audits may be performed at any time on any location within the program by Vending Facility Program staff. (b) The audit procedure will include the following: (1)(A) During the audit, the vendor will be replaced by the office. (B) The office wi…

22 CAR § 5-405. Annex locations. (a) The vendor of a vending facility interested in adding an annex to their location must contact the Vending Facility Program Administrator to discuss or present a detailed proposal of the operations in order for the annex to be considered. (b)(1…

22 CAR § 5-501. Initial assignment. (a) When a trainee is certified as qualified for licensing, he or she is eligible to bid on locations as outlined in 22 CAR § 5-504, below. (b) Additionally, if a new or existing location or locations are vacant and no licensed vendor requests …

22 CAR § 5-502. Displacement status. (a) A vendor who has been displaced through loss of entitlement to operate a vending facility through no fault of his or her own: (1) May be given priority as to determination of the person to be assigned to a new or vacant facility if it is e…

22 CAR § 5-503. Transfer or promotion. (a) When a new facility is established or a vacancy occurs in an existing facility, all vendors will be notified in writing of: (1) The availability of the facility; (2) Its operating requirements; and (3) Actual or potential earnings. (b) T…

22 CAR § 5-504. Selection of vendor for transfer or promotion. (a) The criteria to determine the vendor who will be transferred or promoted are: (1) Seniority, provided the other specified criteria are satisfactorily met; (2) Ability to meet the physical requirements of operating…

22 CAR § 5-505. Disciplinary action. (a) If the vendor has engaged in conduct or actions that hinder or are detrimental to the effective operation of the facility, disciplinary action, not subject to 22 CAR § 5-302, termination of licenses, will be taken as follows: (1)(A) A verb…

22 CAR § 5-506. Resignation. (a)(1) A voluntary separation on the part of the vendor will be considered as an automatic termination of his or her license and program rights. (2) Once processed, it cannot be withdrawn. (b)(1) If a vendor decides to rejoin the program, a period of …

22 CAR § 5-507. Termination. (a) A vendor may be terminated for the reasons stated in 22 CAR § 5-302, termination of licenses. (b)(1) When termination occurs, the vendor’s license will be revoked. (2) All moneys that are due to the vendor will be paid to the vendor.…

22 CAR § 5-508. Retirement. (a)(1) Retirement is a voluntary separation on the part of the vendor. (2) Retirement is considered an automatic termination of the retiree’s: (A) License; (B) Program rights; and (C) Seniority. (3) If a retirement is processed, it cannot be withdrawn.…

22 CAR § 5-509. Employment of relief or extra help. (a) State-paid relief personnel. (1) State-paid relief personnel are no longer provided for vendors. (2) Vendors will still receive vacation and sick leave but will arrange for extra help to work their locations. (b) Essential e…

22 CAR § 5-601. Annual (vacation) leave. (a)(1) Any vendor who has a minimum of one (1) year of service but less than three (3) years of service shall receive five (5) days paid vacation leave per year. (2) The leave year begins on January 1 and concludes on December 31 of each y…

22 CAR § 5-602. Sick leave. (a) Ordinary sick leave. (1) Sick leave for vendors will accrue at the rate of one-half (1/2) day on the fifteenth day of the month and one-half (1/2) day on the last day of the month from the first date the vendor entered, reenters, or is eligible to …

22 CAR § 5-603. Leave other than vacation or sick leave. (a) When a vendor must be absent from a facility for reasons other than for vacation or illness as outlined in 22 CAR § 5-602, extra help will be paid the same as vacation or sick leave upon the specialist's recommendation.…

22 CAR § 5-604. Nonessential leave. (a) A vendor may use nonessential extra help for twelve (12) days per calendar year. (b) Use of nonessential leave beyond twelve (12) days will be subtracted from available vacation leave. (c) If vacation is not available then the progressive d…

22 CAR § 5-701. Purpose for which set-aside funds may be used. As required by the Randolph-Sheppard Amendments of 1974, Pub. L. No. 93-516, and the regulations, set-aside funds may be used for the following purposes: (1) Maintenance and replacement of equipment; (2) The purchase …

22 CAR § 5-702. Method used to establish set-aside schedule. (a)(1) Prior to the beginning of each fiscal year, an estimate will be made as to the amount of funds that will be required for each of the purposes for which the funds are to be set aside during the ensuing fiscal year…

22 CAR § 5-703. Set-aside contributions. (a)(1) The vendor will contribute to the set-aside fund the amount of the net proceeds he or she earns during each four-week period based on the formula and set-aside schedule contained in Appendix A. (2) The set-aside contribution will be…

22 CAR § 5-704. Fair minimum return. (a)(1) The vendor will be guaranteed a fair minimum return of one hundred dollars ($100) per week or four hundred dollars ($400) per four-week period. (2) He or she will receive a check of two hundred dollars ($200), less vendor-requested dedu…

22 CAR § 5-801. Vending machine income on federal property. (a)(1) Vending machine income from vending machines on federal property that has been disbursed to the Division of State Services for the Blind by a property managing department, agency, or instrumentality of the United …

22 CAR § 5-802. Vending machine income on state and other property. Vending machine income on state and other property will be assigned in the same manner as vending machine income on federal property, except there is no limitation on the amount of such income that may accrue to …

22 CAR § 5-901. Maintenance and replacement. (a) The Division of State Services for the Blind will maintain or cause to be maintained all vending facility equipment in good repair and in an attractive condition and shall replace or cause to be replaced worn-out or obsolete equipm…

22 CAR § 5-902. Repair and replacement of equipment — Emergency. (a) When a major problem is created in operating the facility because of a breakdown of a piece of equipment, the vendor should call a local repair company and obtain an estimate of the cost to have the equipment re…

22 CAR § 5-903. Vending Facility Program equipment disposal. (a) For equipment purchased by the Vending Facility Program that has been determined is of no use to the program by program staff, the manager assigned to the location will have first rights to the equipment for their p…

22 CAR § 10-101. Title. This part shall be known as Sustainable Energy-Efficient Public Buildings (Lead by Example) or this part.

22 CAR § 10-102. Applicable energy standards. (a) Arkansas adopts the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), Standard 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings. (b) To order copies of the ASHRAE St…

22 CAR § 10-103. Scope. (a) The Arkansas Energy Office promulgates this part: (1) For the implementation of energy-efficient measures in certain state buildings; and (2) To adopt building energy standards for energy efficiency and conservation in sustainable state building design…

22 CAR § 10-104. Exempt buildings. Buildings and structures indicated in subdivisions (1) – (3) of this section may be exempt from the provisions of this part, if the conditions below have been met: (1) Major university systems. (A) The boards of trustees for the University of Ar…

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