Iowa Administrative Code

The following persons are eligible for services: Blind persons; Physically handicapped persons— 1. Whose visual disability, with correction, regardless of visual measurement, prevents the reading of standard print material, or 2. Who are unable to read or unable to use standard p…

The Application and Certification of Eligibility for Library Services form must be completed, and must be signed by a competent authority. 6.4(1) In cases of blindness, visual disability or physical limitations, “competent authority” is defined as a doctor of medicine; doctor of …

The Randolph-Sheppard Act (Public Law 74-732), first adopted by Congress in 1936, created a business enterprises program to give priority to the needs of blind persons in securing employment and economic opportunities. This legislation was revised in 1954 (Public Law 83-565) and …

In coordination with the state committee of blind vendors, the department has established a state system of transfer or promotion for licensed vendors. 7.10(1) When a new vending facility is established or when a vacancy occurs in an existing facility, the department shall first …

The staff of the business enterprises program will complete a periodic performance evaluation of each vendor based on criteria developed by the staff and the state committee of blind vendors. Vendors in provisional status will be evaluated every three months and vendors in perman…

Upon appointment of a vendor to a vending facility, the department shall execute an operating agreement with the vendor which shall detail the rights and responsibilities of the vendor and of the department in the operation of the facility.

As specified in the operating agreement, reports must be filed with the administrative office of the department or postmarked by the fifteenth day of each month. The department will accept no more than two consecutive reports which are submitted after the deadline. When an operat…

The department shall purchase the initial inventory for each vending facility. Upon assignment of a new operator to the facility, the department, the outgoing operator, and the incoming operator shall establish the value of the inventory. Upon inventory settlement, the operators …

It is the responsibility of the vendor to maintain all vending facility equipment in good repair and in attractive condition. When equipment becomes obsolete or no longer repairable, it is the responsibility of the department to replace the equipment. 7.15(1) During the first 45 …

Vending machine income from vending machines located on federal property which has been disbursed to the department by a property management department, agency, or instrumentality under the vending machine income sharing provisions of 34 CFR 395.8 shall accrue to each vendor oper…

The department may impose any or all of the following disciplinary sanctions as appropriate: 7.17(1) Fines. Monetary fines shall be imposed by the department for the late filing of required reports or late payment of fees. 7.17(2) Probation. The department may place a vendor on p…

A vendor will have access to program and financial data relevant to the operation of the business enterprises program. The department will furnish the vendor with a copy of the appropriate vending facility permit and operating agreement and the department’s administrative rules. …

The department and participants in the business enterprises program are governed by 34 CFR 361.38 (as published January 17, 2001) regarding protection, use, and release of personal information.

The following definitions apply to this chapter: “Active licensee” means a licensed vendor who is currently operating a vending facility in this state. “Active participation” means routine consultation with the committee of blind vendors on all matters affecting the business ente…

The department does not discriminate on the basis of sex, race, creed, color, national origin, religion, age or physical or mental disability. These rules are intended to implement Iowa Code chapter 216D. [Filed 9/23/76, Notice 8/9/76—published 10/20/76, effective 11/24/76] [File…

There is established a state committee of blind vendors which will advise and actively participate in routine, ongoing policy decisions made by the department in the management of the business enterprises program. The committee will hold a minimum of three meetings in each calend…

There will be an annual statewide meeting of vendors at a time and place established by the department and the committee. All licensees, trainees and all other interested parties shall attend this meeting; however, only active licensees shall have the right to vote. Failure to at…

The department will provide for a biennial election of committee members which will take place in even-numbered years during the last calendar quarter. 7.5(1) Participation in the election shall be limited to active licensees, and shall not be contingent upon payment of dues or o…

The department has established a clearly defined process through which all applicants for the business enterprises program are screened, trained and placed in facilities. The following procedures will be utilized in assessing applicants for participation in the business enterpris…

Upon acceptance into the business enterprises program, the applicant will execute a preplacement agreement with the department which will include: 1. The placement of the individual in trainee status until successful completion of the training program; 2. The requirement that the…

In accordance with federal and state laws and regulations, each participating vending facility operator must be licensed by the department. The license is not transferable and is revocable for cause. 7.8(1) The requirements for obtaining a license are: a. The applicant must be bl…

A vending facility operator formerly licensed in this state may apply to the director for reinstatement of licensure. A vending facility operator licensed or formerly licensed in any other state in accordance with applicable federal regulations may apply to the director for licen…

There are four steps in the appeals process of the Iowa department for the blind’s business enterprises program: 1. Informal conciliation, 2. Hearing before the commission, 3. Full evidentiary hearing, and 4. Arbitration. These steps must occur in the order in which they are list…

These rules define procedures under which full evidentiary hearings, required by the Randolph-Sheppard Act, shall be conducted in Iowa. 8.2(1) Definitions: “Day” means a regular working day for employees of the state of Iowa. “Full evidentiary hearing” means the proceeding define…

The adult orientation and adjustment center is a residential rehabilitation program which provides intensive instruction in alternative techniques of blindness and in development of positive attitudes about blindness. The adult orientation and adjustment center also carries out p…

9.2(1) Enrollment in the adult orientation and adjustment center shall be limited to persons 17 years of age or older. 9.2(2) Clients of vocational rehabilitation services or independent living rehabilitation services shall be eligible for admission to the adult orientation and a…

Student use of dog guides will not be allowed during program activities of the adult orientation and adjustment center. However, users of dog guides shall otherwise have access to all department facilities, subject to applicable state or federal laws and regulations. These rules …

10.1(1) Applicability. This chapter governs: a. The process for participating agencies and other governmental entities to obtain approval from or consult with, as applicable, the office in connection with the acquisition of information technology; and b. The procurement of inform…

The initial term of a master information technology agreement shall be as determined by the office. Following the initial term, a master information technology agreement may be extended or renewed by the office for a number of periods and in durations as determined by the office.…

Each contract signed by the office or a participating agency shall have a specific starting and ending date and may be structured in a manner that includes an initial term and option(s) for renewal terms. The initial term, renewal term, and total term may be of a duration as dete…

10.12(1) Notice of competitive selection. a. Opportunity posting. The office and each participating agency shall provide public notice of solicitations by posting notice of every formal competitive selection opportunity to the official centralized procurement website operated by …

10.13(1) Review of vendor performance. The office, in cooperation with other governmental entities, may periodically review the performance of vendors. State agencies obtaining information technology from vendors are encouraged to document vendor performance throughout the durati…

10.14(1) Information technology shall not be performed or obtained pursuant to a contract until all parties to the contract have signed a written contract. If an information technology contract requires the execution of orders or statements of work to effectuate individual transa…

Unless material submitted in response to a solicitation is identified as proprietary or confidential by the vendor in accordance with Iowa Code section 22.7, all submissions by a vendor are public information. To facilitate a fair and objective evaluation of proposals, submission…

The definitions in Iowa Code section 8B.1 shall apply to this chapter. In addition, the following definitions shall also apply: “Acquisition” or “acquire” means the same as “procurement,” “procure,” or “purchase.” “Acquisition document” or “procurement document” means any documen…

10.3(1) Methods. The office may procure information technology on its own behalf or on behalf of participating agencies or other governmental entities using any of the methods set forth in Iowa Code section 8B.24(5) or authorize participating agencies to procure information techn…

10.4(1) Master information technology agreements. In furtherance of the office’s duty to cooperate with other governmental entities in the procurement of information technology and in an effort to make such procurements in a cost-effective, efficient manner, the office may enter …

In accordance with Iowa Code section 8B.24(4), using an invitation to qualify, the office may prequalify a list of vendors capable of delivering particular information technology or a class of information technology. The office, in its sole discretion, may determine for what info…

In determining which of the procurement methods set forth in Iowa Code section 8B.24(5) and rule 129—10.3(8B) to utilize or to authorize a participating agency to utilize in acquiring information technology, whether to establish a master information technology agreement pursuant …

10.7(1) Approval, when required. Any procurement of information technology, an information technology project, or information technology outsourcing satisfying any or all of the following conditions must receive prior approval from the office before a participating agency issues …

10.8(1) When required for nonparticipating agencies. The office of the governor and the offices of elective constitutional or statutory officers are not required to obtain prior approval from the office before acquiring information technology pursuant to rule 129—10.7(8B). Howeve…

Subject to the approval and consultation processes and requirements set forth in rules 129—10.7(8B) and 129—10.8(8B), participating agencies may procure information technology through a competitive selection process administered by the participating agency consistent with the pur…

The definitions in Iowa Code section 8B.1 shall apply to this chapter. In addition, for purposes of this chapter, the following definitions shall apply. “As of date” means the as of date of the broadband availability maps and corresponding data sources utilized by the office in d…

This chapter interprets relevant provisions of Iowa Code sections 8B.1, 8B.10, and 8B.11; implements Iowa Code section 427.1(40); and applies to the office’s determinations of whether a broadband block is a targeted service area and to persons who wish to challenge the office’s f…

20.3(1) To determine whether a communications service provider facilitates broadband service in a particular broadband block at or above the tier 1, tier 2, or tier 3 download and upload speeds specified in the definition of targeted service area as of the as of date, the office …

20.4(1) The office will create a statewide map divided into broadband blocks. Based on the maps and data sources referenced in rule 129—20.3(8B,427), the statewide map will designate broadband blocks that qualify as tier 1, tier 2, or tier 3 targeted service areas as of the as of…

20.5(1) Notice of appeal. Within 20 days after the office makes its final determination of whether a particular broadband block constitutes a tier 1, tier 2, or tier 3 targeted service area pursuant to rule 129—20.4(8B,427), any person or party aggrieved or adversely affected by …