New Jersey Administrative Code

(a) This chapter is promulgated pursuant to authority of P.L. 74-732, as amended by P.L. 83-565 and P.L. 93-516; 34 CFR, part 395. (b)N.J.S.A. 30:6-15.1 and N.J.S.A. 30:6-15.2. Notes N.J. Admin. Code § 10:97-1.1

This chapter shall be deemed uniformly and impartially applicable to all persons and procedures and is in complete compliance with the laws of the State of New Jersey, the Randolph-Sheppard Act, Title VI of the Civil Rights Act of 1964, the laws governing the Americans with Disab…

The following words and terms shall have the following meanings, unless the context clearly indicates otherwise. "Active participation" means an ongoing process of good-faith negotiation between the elected Committee of Business Enterprise Managers and the Commission for the Blin…

(a) The rules of the New Jersey Commission for the Blind and Visually Impaired are intended to set forth the administrative requirements governing the operation of Business Enterprises New Jersey on Federal and non-Federal property. (b) Business Enterprises New Jersey is designed…

(a) Blind managers, who participate in the activity of the Business Enterprises New Jersey, are encouraged to identify and help secure potential business opportunities in private, non-governmental buildings. This new, private entrepreneurial initiative is designed to expand the B…

(a) Any blind person desiring to operate a business enterprise, under the supervision of the Commission, shall apply to the Commission and will be referred to the Vocational Rehabilitation Program in order to receive proper evaluation. (b) The interested blind person must be cert…

(a) A blind person who has been certified eligible as set forth in N.J.A.C. 10:97-2.1 and wishes to enter Business Enterprises New Jersey must demonstrate proficiency in the following areas: 1. The ability to move about and orient to his or her environment, especially in small ar…

(a) Any business enterprise may be used for on-the-job evaluation or training under terms and conditions established in the operating agreement. (b) A manager will be paid for the training process at a rate agreed upon by the Commission and the Committee of Business Enterprise Ma…

(a) When a business enterprise location is available, and no active or inactive licensed manager has applied for an announced promotional opportunity and two or more candidates from the Certified for Placement List have applied, they shall be personally interviewed by the manager…

(a) When a person from the Certified for Placement List is assigned to a business enterprise, he or she will be subject to a probationary period of six months. 1. Written reports will be prepared by the BENJ field representatives at the end of every six weeks and forwarded to the…

Any person who is unable to satisfactorily complete the probation period, after a maximum of two extensions, will lose eligibility for licensure with Business Enterprises New Jersey and, at his or her option, may be referred to a Vocational Rehabilitation Counselor to explore oth…

(a) When the probationary period has been successfully completed, a license shall be issued to the business enterprise manager for an indefinite period but subject to suspension or revocation, after affording the licensed manager an opportunity for a full evidentiary hearing. (b)…

(a) BENJ requires that all its managers participate in upward mobility training. Consistent with this practice, calculated to improve professionalism and high level customer service, managers will be required to complete 15 hours per calendar year of upward mobility training rela…

(a) A written agreement shall be entered into between the Commission and the manager, covering the basic terms and conditions required of each party each time a manager begins business at any business enterprise, including the probationary period. A signed copy will be provided t…

(a) The Commission will conduct surveys to establish new facilities in Federal and non-Federal locations. (b) The Commission must comply with all of the Randolph-Sheppard requirements for a state licensing agency. (c) In relation to business enterprise locations, the Commission's…

(a) When a manager is assigned to a business enterprise, a non-interest bearing loan in the maximum amount of $ 4,000 in cash and/or equivalent stock may be granted by the Commission, upon request of the manager and recommendation of the Business Enterprises New Jersey Manager, f…

(a) When a business is transferred from one manager to another, for any cause, the new manager has the option of purchasing some or the entire existing inventory of the previous manager, if the previous manager wishes to sell all or part of the inventory. (b) The Commission shall…

(a) The manager shall ensure that the business enterprise is operated in accordance with the following: 1. This chapter; 2. The permit; 3. The operating agreement; and 4. Any other applicable laws and rules. Notes N.J. Admin. Code § 10:97-4.1 Adopted by 49 N.J.R. 1904(a), effecti…

(a) Managers are required to meet all Federal, State, county, and municipal health standards, including the standards required by the Commission. These standards include a regular schedule of maintenance of all fixtures and equipment and a regularly-scheduled cleanup of all areas…

(a) The type of articles to be sold in a facility shall be determined in accordance with the language in the permit. (b) Under no circumstances will approval be given for the sale of any item that is prohibited by law or ordinance. (c) The manager shall be required to maintain st…

The licensed manager shall use only such identifying signs and insignia as approved by the Commission and the property manager. Notes N.J. Admin. Code § 10:97-4.12 Amended by 49 N.J.R. 1904(a), effective 7/3/2017

(a) Prices will be set by the manager in consultation with the Commission's field representative. (b) The retail price of merchandise at a facility shall not exceed the general price pattern prevailing in the immediate locality. Notes N.J. Admin. Code § 10:97-4.13 Amended by 49 N…

(a) The manager shall immediately notify the Commission, by telephone, of any unusual incident. 1. An unusual incident is anything that causes or might cause the business a problem. 2. Such incidents may be, but are not limited to, any governmental or legal actions, customer's co…

The manager shall be liable to the Commission for any damage of the equipment or fixtures owned by the Commission or any losses resulting from the neglect or failure to observe the rules of the Commission. In such instances, the full cost of repairs or replacement shall be the re…

(a) Managers must obtain written approval from the Commission and the property manager to have vending machines as part of the business enterprise, whether owned or leased by, or loaned to, the manager. (b) All income from these vending machines will be reported as miscellaneous …

(a) The manager shall personally conduct the business assigned to him or her. (b) The manager shall devote whatever time is required in the conduct of his or her particular business to ensure the likelihood of success at the location. (c) Failure to comply with business time requ…

(a) The manager bears full responsibility for the operation of the business during his or her absence. 1. In the event that a manager is absent, the manager shall select and compensate, in accordance with the Department of Labor and Workforce Development standards, a qualified su…

(a) Preference in employment shall be given to persons who are blind or visually impaired and other persons with disabilities. (b) The manager is required to comply with all State and Federal laws pertaining to hiring, employment, and workers' compensation. Notes N.J. Admin. Code…

The manager may take advantage of credit extended by suppliers, provided that the Commission shall have no liability in the event that a manager abuses any such credit. Notes N.J. Admin. Code § 10:97-4.5 Amended by 49 N.J.R. 1904(a), effective 7/3/2017

The manager shall carry Workers' Compensation Insurance for all persons utilized by the manager, in accordance with Department of Labor and Workforce Development rules, and any other insurance required for the operation of the business. The Commission shall be included on all pol…

(a) Title to and interest in all equipment shall be vested in the Commission, with the exception of equipment that has been purchased by, leased by, or loaned to the manager. (b) Any request for purchase, lease, or use of equipment by a manager must be made in writing to the Comm…

(a) All business enterprise equipment in which the Commission has title shall be maintained in good repair by the manager to insure continued operation of the business enterprise. (b) The manager shall pay the first $ 200.00 for the repair of each piece of equipment per occurrenc…

The manager or his or her employees shall not destroy, sell, or in any way alter or dispose of any of the fixtures, equipment, or other property to which the Commission holds title or permit anyone else to do so without the written authorization of the Commission. Notes N.J. Admi…

(a) The manager shall submit to the Commission the prescribed weekly sales report. (b) Weekly reports shall be submitted on a monthly basis, on or before the 20th day of the following month. These reports do not constitute complete financial reporting as set forth in N.J.A.C. 10:…

(a) The manager is required to keep books of account. These books of account shall meet the requirements of the Internal Revenue Services, Social Security Administration, New Jersey Sales Tax Division, Division of Employment Security, Division of Workers' Compensation, and any ot…

(a) The manager shall recognize any representative directed by the Commissioner of Human Services or the Commission, with official State identification, to make unannounced inspections in order to monitor the appearance and conduct of the business enterprise. (b) The Commission f…

No manager or client information shall be released except under the provisions of N.J.A.C. 10:91-5.7. Notes N.J. Admin. Code § 10:97-5.4 Amended by 49 N.J.R. 1904(a), effective 7/3/2017

(a) Business Enterprises New Jersey Fund, Federal, consists of those funds accruing to the program from unassigned vending machine income from Federal locations. (b) The funds may be used only for purpose of: 1. Maintenance and replacement of equipment; 2. The purchase of new equ…

Notes N.J. Admin. Code § 10:97-6.2 Repealed by R.1989 d.249, effective 5/15/1989. See: 21 New Jersey Register 424(a), 21 New Jersey Register 1431(a). Provisions for set-aside levy repealed, pursuant to Attorney General's opinion that levy would be in conflict with N.J.S.A. 30:6-1…

The Business Enterprises New Jersey Fund, non-Federal, consists of all monies accruing to the program from non-Federal sources. These funds will be used to cover expenses that are necessary for the operation of the program as determined by the Commission and the Committee. Notes …

Managers located on Federal property shall be eligible for vending machine income pursuant to Randolph-Sheppard regulations. (see 34 CFR 395.8). Any such income due a manager that has been disbursed to the Commission, shall be remitted to the manager on at least a quarterly basis…

(a) Each manager will be provided access, in accessible formats, to all financial data relevant to the operation of Business Enterprises New Jersey. (b) Such access will include quarterly and annual financial reports, provided that such disclosure does not violate Federal and Sta…

If a manager decides to terminate his or her assignment at a location or as a business enterprise manager, he or she shall notify the Commission in writing at least 45 days in advance of the actual date of termination. Notification of such intent with less than 45 days' notice sh…

(a) Whenever a manager is transferred, terminated, or otherwise leaves a business enterprise, all equipment and other property belonging to the Commission shall be surrendered in good working order and condition, except for reasonable wear and tear, as determined by the Commissio…

(a) The Business Enterprises New Jersey Manager shall circulate a letter to all managers and persons on the Certified for Placement List in print, electronic form, or braille announcing business enterprise vacancies. The letter shall contain a description and the location of the …

When a business enterprise becomes vacant, it is often necessary to keep that business enterprise operating so that the location is not lost to Business Enterprises New Jersey. A vacancy shall be filled in an emergency by the appointment of an interim manager, pending the complet…

(a) In the event that a manager is in violation of the regulations or laws of a governmental agency, his or her license shall be subject to immediate suspension. (b) Grounds for immediate suspension of a license shall exist when any activity, policy or conduct of a manager presen…