§107b — Title 20 Education | U.S. Code

Summary

A State agency for the blind, or another State agency that wants to be the official licensing agency, must get the State chief executive’s approval and apply to the Secretary. The agency must agree to work with the Secretary to run the program. It must provide each licensed blind vendor with the vending equipment and enough starting stock to sell. That equipment and stock can belong to the agency or to the blind vendor. If the vendor owns the equipment, the State has the first right to buy it back, and if the vendor dies, stops being a licensee, or moves, ownership goes to the State for transfer to a new licensee. The State must pay the fair value after a hearing and under agency rules. The agency may set aside net proceeds only for things like replacing or buying equipment, management, fair minimum returns to operators, and for retirement or health and leave benefits if a majority of blind licensees vote for it. Any set-aside cannot exceed a reasonable amount set by the Secretary. The agency must file reports the Secretary requires, make rules needed to run the program, give licensees a chance for a fair hearing about disputes, and send unresolved grievances to arbitration under section 107d–1.

Title 20, §107b

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A State agency for the blind or other State agency desiring to be designated as the licensing agency shall, with the approval of the chief executive of the State, make application to the Secretary and agree—

(1)to cooperate with the Secretary in carrying out the purpose of this chapter;

(2)to provide for each licensed blind person such vending facility equipment, and adequate initial stock of suitable articles to be vended therefrom, as may be necessary: Provided, however, That such equipment and stock may be owned by the licensing agency for use of the blind, or by the blind individual to whom the license is issued: And provided further, That if ownership of such equipment is vested in the blind licensee, (A) the State licensing agency shall retain a first option to repurchase such equipment and (B) in the event such individual dies or for any other reason ceases to be a licensee or transfers to another vending facility, ownership of such equipment shall become vested in the State licensing agency (for transfer to a successor licensee) subject to an obligation on the part of the State licensing agency to pay to such individual (or to his estate) the fair value of his interest therein as later determined in accordance with regulations of the State licensing agency and after opportunity for a fair hearing;

(3)that if any funds are set aside, or caused to be set aside, from the net proceeds of the operation of the vending facilities such funds shall be set aside, or caused to be set aside, only to the extent necessary for and may be used only for the purposes of (A) maintenance and replacement of equipment; (B) the purchase of new equipment; (C) management services; (D) assuring a fair minimum return to operators of vending facilities; and (E) retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is determined by a majority vote of blind licensees licensed by such State agency, after such agency provides to each such licensee full information on all matters relevant to such proposed program, that funds under this paragraph shall be set aside for such purposes: Provided, however, That in no event shall the amount of such funds to be set aside from the net proceeds of any vending facility exceed a reasonable amount which shall be determined by the Secretary;

(4)to make such reports in such form and containing such information as the Secretary may from time to time require and to comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports;

(5)to issue such regulations, consistent with the provisions of this chapter, as may be necessary for the operation of this program;

(6)to provide to any blind licensee dissatisfied with any action arising from the operation or administration of the vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 107d–1 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification The content of Pub. L. 93–516, including provisions of section 204 thereof which amended this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended by Pub. L. 93–651, title II, § 204, Nov. 21, 1974, 89 Stat. 2–10, in exactly the same manner as it was amended by Pub. L. 93–516.

Amendments

1974—Pub. L. 93–516, § 204(a)(1), substituted “A State agency” for “A State commission” in provisions preceding par. (1). An identical amendment was made by Pub. L. 93–651. See Codification note above. Par. (2). Pub. L. 93–516, § 204(a)(2), substituted “vending facility” for “vending stand” in two places. An identical amendment was made by Pub. L. 93–651. See Codification note above. Par. (3). Pub. L. 93–516, § 204(a)(2), (b), (c), in provisions preceding subpar. (A), substituted “the net proceeds of the operation of the vending facilities” for “the proceeds of the operation of the vending stands”, in subpar. (D), substituted “vending facilities” for “vending stands”, added subpar. (E), and in proviso following subpar. (E) substituted “the net proceeds of any vending facility” for “the proceeds of any vending stand”. An identical amendment was made by Pub. L. 93–651. See Codification note above. Par. (6). Pub. L. 93–516, § 204(a)(3), substituted “vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 107d–1 of this title” for “vending stand program an opportunity for a fair hearing”. An identical amendment was made by Pub. L. 93–651. See Codification note above. 1954—Act Aug. 3, 1954, amended section generally and, among other changes, added pars. (3) to (6).

Statutory Notes and Related Subsidiaries

Effective Date

of 1954 AmendmentAmendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor.

Transfer of Functions

For

Transfer of Functions

, see note set out under section 107a of this title.

§107b Application for Designation as State Licensing Agency; Cooperation with Secretary; Furnishing Initial Stock

Summary

Title 20, §107b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata