New Hampshire Administrative Code

The purpose of the New Hampshire Business Enterprise Program (BEP) is to provide blind persons with remunerative employment, enlarge the economic opportunities for the blind, and stimulate the blind to strive to make them self-supporting. The department, through the BEP of the of…

The implementation of agreed-upon policies, standards, and procedures affecting the overall operation of the vending facilities program shall be subject to review by the committee, as defined in Ed 1019.03(g). SBVI shall have final authority and responsibility for the administrat…

Except where the context makes another meaning manifest, the terms defined in 34 CFR 395.1, Ed 1002.01, and Ed 1109 shall have the same meanings in addition to the following terms: (a) "Active participation" means an ongoing process of negotiations between SBVI and the committee …

(a) SBVI shall issue licenses only to a candidate who is: (1) A citizen of the United States; (2) Legally blind as defined in Ed 1019.03(b); and (3) Qualified to operate a vending facility by evidence of having successfully completed training prescribed by SBVI or by virtue of de…

(a) All manager candidates shall complete a training program developed by SBVI. (b) In selecting a candidate who is deemed appropriate to enter the BEP training program, SBVI shall focus on the candidates' individual skills, abilities, and personal qualifications especially suite…

(a) When a location becomes available for bid, an individual on the roster may bid along with the licensed managers. (b) A candidate from the roster who is awarded a first location shall serve a probationary period not to exceed 6 months. (c) At the end of the probationary period…

(a) When a location becomes available for bid, the vacancy shall be announced to all licensed managers and individuals on the roster. (b) When an opportunity to bid on a location is announced, a manager may bid or not bid without prejudice to future consideration of a subsequent …

A manager shall enter into a teaming arrangement with a private vendor only when the following criteria are met: (a) The manager has made a qualified bid on the location in response to a bid notification by SBVI; (b) The manager demonstrated his or her active role in the day-to-d…

(a) Individual vending routes shall be established by the program when deemed appropriate by SBVI, and only when accepted by the state committee of licensed managers by a simple majority vote. (b) Once a vending route is established it shall remain an intact route. When the manag…

(a) SBVI shall be responsible for repair and maintenance of equipment for the first 4 months after such equipment is furnished to the vending facilities when: (1) A new manager begins operating a vending facility; (2) A manager transfers to a different vending facility; or (3) A …

(a) In accordance with 34 CFR 395.8(c) and 34 CFR 395.9(c), SBVI shall set aside funds from the net proceeds of the operation of vending facilities and vending machine income to the extent necessary for the following purposes: (1) Maintenance and replacement of equipment; (2) Pur…

(a) Vending machine income from vending machines on federal property which has been disbursed to SBVI by a property managing department, agency, or instrumentality of the United States under 34 CFR 395.32 shall: (1) Accrue to each manager operating a vending facility on such fede…

(a) Before assuming management of one or more vending facilities, a manager shall enter into an operating agreement with SBVI. The operating agreement shall set forth the terms and conditions and state the responsibilities of both the manager and SBVI. (b) The agreement shall inc…

(a) Licensed managers shall be placed on performance probation when SBVI determines that the vending facility is not being operated in accordance with: (1) The rules governing the program pursuant to Ed 1019; (2) The terms and conditions of the permit or contract; (3) The terms a…

(a) If a manager determines that it is in the manager's best interest to withdraw from a permanently or temporarily assigned facility, the manager may do so and shall be immediately placed on the roster if the withdrawal is not for the purpose of avoiding disciplinary action. The…

(a) A license issued to a manager shall be terminated after affording the manager an opportunity for an administrative review, an evidentiary hearing, and arbitration under Ed 1021.15, when one or more of the following conditions apply: (1) When vision is improved so that the man…

(a) SBVI shall furnish each vending facility with adequate, suitable equipment and initial stocks of merchandise sufficient for the establishment and operation of the facility for an initial 2-week period. If the manager obtaining the agreement to operate the location is on the r…

(a) Each licensed manager and each candidate on the roster shall complete 10 continuing education or upward mobility credits every 2 calendar years. (b) Credits shall be awarded in accordance with Table 1019-1 as follows: Table 1019-1 Continuing Education Credits Continuing Educa…

(a) Managers may seek out new locations on properties not protected by any state or federal priority or preference. If a manager identifies a potential location, and property management is willing to allow the manager to establish a vending facility, the manager shall notify the …

(a) The managers licensed by the state shall comprise the membership of the state committee of licensed managers. (b) Pursuant to 34 CFR 395.14, the committee shall: (1) Actively participate with SBVI in major administrative decisions, including rule, policy development, and prog…

If a manager or the committee is aggrieved by any action of SBVI with regard to the administration of the program, the manager, the committee, or the aggrieved individual may file a written complaint to resolve the matter in accordance with Ed 200. If the matter is not resolved t…

Each manager shall be provided access to all financial data of SBVI relevant to the operation of the program, including quarterly and annual financial reports, provided that such disclosure does not violate applicable federal or state laws pertaining to disclosure of confidential…

(a) Each manager shall submit to SBVI a monthly operating statement along with the set aside assessment detailing, among other things, gross sales, purchases, operating costs, and net profits. Forms for this purpose shall be furnished to each manager by SBVI. SBVI shall retain co…

SBVI shall furnish a copy of the state licensing rules to each candidate or manager in addition to all written documents pertaining to the administration and management of the program. Notes N.H. Admin. Code § Ed 1019.24 Derived from Volume XLI Number 32, Filed August 12, 2021, P…

(a) Unless otherwise exempted by RSA 186-B, any properties owned or leased by the state shall recognize the rights granted to SBVI to establish vending facilities on such properties. SBVI shall be permitted to conduct surveys of state-owned or leased properties to determine the f…

The purpose of the classification system program shall be to evaluate competency skills of sign language interpreters, to maintain records of interpreter classification, and to maintain records of continuing education units required for maintenance of classification. Notes N.H. A…

The program shall be designated "The New Hampshire interpreter classification system" (NHICS). Notes N.H. Admin. Code § Ed 1020.02 Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031

An individual who applies for and meets the requirements for classification under Ed 1020.10 shall be qualified as a sign language interpreter by the department's program for the deaf and hard of hearing. Notes N.H. Admin. Code § Ed 1020.03 Derived from Volume XLI Number 32, File…

These rules shall apply to the classification process for sign language interpreters as conducted and managed by the program for the deaf and hard of hearing, in the department of education, division of workforce innovation, bureau of vocational rehabilitation. The classification…

The following definitions shall apply to Ed 1020: (a) "Deaf interpreter" means a person who is deaf and provides interpreting services as defined in section (e), below; (b) "Director" means the director of bureau of vocational rehabilitation, division of workforce innovation, dep…

(a) The state classification test for the purpose of classifying interpreters shall be administered at least once every 6 months, unless there have been no requests for a test. If 3 or more individuals request a test, a test shall be scheduled at a date sooner than the next regul…

(a) Applicants shall contact the program for the deaf and hard of hearing for an information packet which contains: (1) A description of the classification process; (2) A completed "NH Interpreter Classification System (NHICS) Application" form, June 2021 edition; (3) A descripti…

(a) The state classification test shall consist of 2 sections. Section one shall be a structured interview scored by a minimum of 4 raters. Section 2 shall be a pass or fail performance test scored by a minimum of 4 raters. (b) The structured interview shall be pass or fail and d…

(a) The coordinator or designee shall videotape section 1, the interview, and section 2, the performance portion, of the test. (b) The coordinator or designee shall send the rater scoring packet to 4 qualified raters within one week of the taping. The coordinator shall make sure …

An applicant shall be classified as a qualified sign language interpreter who: (a) Has a high school diploma or its equivalent; (b) Is 18 years of age or older; and (c) Receives a score of 75% or more on the performance test. Notes N.H. Admin. Code § Ed 1020.10 Derived from Volum…

(a) "Continuing education units (CEUs)," for the purpose of this rule, means: (1) Participation in professional workshops sponsored by a post-secondary interpreter training program, the RID, the National Association of the Deaf (NAD) or the state chapters of such organizations, o…

(a) Each team of raters shall be comprised of 2 raters who can hear and 2 raters who are deaf or hard of hearing. Raters who can hear shall possess a valid certification from RID or the NAD level V. The program for the deaf and hard of hearing shall solicit applicants from certif…

The name and date of award of each individual classified under the classification system program shall be published by the department of education in a directory of interpreters for the deaf, which shall be printed at least biennially. The directory shall also include name, sourc…

The program for the deaf and hard of hearing shall keep the following data in confidential files for a period of at least 7 years: (a) Correspondence with individual applicants; (b) Records of scores of individual tests for each applicant tested, whether the applicant was success…

An applicant aggrieved by a decision of the program relating to classification shall file a petition for reconsideration along with supporting documentation to the director within 20 business days after receipt of the decision regarding classification. If the petition for reconsi…

(a) Review procedures shall comply with 34 CFR 361.57 and New Hampshire law. (b) An individual who is dissatisfied with any determination made by personnel of the NHVR that affects the provision of vocational rehabilitation services shall request, or, if appropriate, shall reques…

(a) The NHVR shall provide an individual or, as appropriate, the individual's representative, notice as enumerated in 34 CFR 361.57(b)(1). (b) The notice required in Ed 1021.04(a) shall be provided by using the appropriate mode of communication consistent with the requirements of…

(a) An individual, or a representative of the individual, seeking review of a determination shall file a complaint with the NHVR. (b) Filing a complaint shall not prevent the individual from requesting mediation or a due process hearing in the case where the complaint is not reso…

(a) Mediation shall be voluntary and available to individuals in accordance with 34 CFR 361.57(d), and Ed 205. (b) If mediation as described in Ed 205.03 is selected by the parties and resolution is not achieved, the individual selected as a mediator shall not be the same individ…

(a) An individual shall have the option of using mediation to resolve disputes involving NHVR determinations that affect the provision of vocational rehabilitation services. Mediation shall be made available, at a minimum, whenever an individual or, as appropriate, the individual…

(a) At the time of the filing of a request to initiate a hearing under Ed 1021.07, the parties shall notify the office of legislation and hearings in the designated state agency of whether they wish to pursue mediation prior to a prehearing conference and a hearing. (b) If the pa…

(a) An individual who is dissatisfied with any determination made by personnel of the NHVR that affects the provision of vocational rehabilitation services shall notify the office of legislation and hearings in the designated state agency, in writing, if he or she wishes to reque…