SECTION .0600 ‑ RESPONSIBILITIES OF LICENSED OPERATORS

10A ncac 63c .0601      GENERAL RESPONSIBILITIES

(a)  A Business Enterprises operator shall:

(1)           ensure the operation of a Business Enterprises facility in accordance with the rules of the Commission for the Blind, the contractual agreement between the Division and the operator, and the terms and conditions of the permit or contract with the host facility including any amendments if provided to the operator. This requirement shall not mandate the physical presence of the operator at the facility at all times of its operation;

(2)           operate the facility in accordance with all applicable public health laws and Rules;

(3)           purchase merchandise, price goods for sale as set forth in Rule .0608 of this Subchapter, purchase supplies for the facility, rotate stock, and control inventory in the Business Enterprises facility;

(4)           open and maintain a business bank account for the management of funds derived from the Business Enterprises facility;

(5)           submit an electronic profit and loss report (D-sheet) to the Division by the 15^th of the month following the reporting month. Assistance shall be provided with the electronic submission of the report by the Business Enterprises Consultant upon request from the operator;

(6)           submit payment of all monthly fees, including set-aside and liability fees, health insurance premiums, and phone bill payments, if applicable, to the Controller's Office by the 15^th of the month following the month in which the business was transacted;

(7)           keep all records supporting the monthly profit and loss report (D-sheet) for three calendar years;

(8)           provide records for the assigned facility to the Division upon request for reviews as required by this Subchapter. That may include cash sales deposit receipts, cash register tapes, monthly bank and credit card statements, invoices and receipts for purchases and expenses, weekly or monthly card reader reports, and payroll records;

(9)           be available for all appointments with the Division staff members, which will be scheduled at the convenience of both parties;

(10)         not subcontract management of the Business Enterprises facility except as approved in writing by the Division;

(11)         take actions to correct deficiencies noted on Business Enterprises facility audits or reviews within 15 business days after receiving notification of the deficiencies and a description of the corrective actions to be taken, unless an extension to this time frame has been agreed to by the Division and operator in writing; and

(12)         notify the Division of changes to the following no later than 10 business days after the change occurs:

(A)          the facility telephone number;

(B)          the address to which Business Enterprises correspondence is delivered; and

(C)          emergency contact information.

(b)  The operator shall be accountable to the Division for the proceeds of the Business Enterprises facility and shall handle the proceeds as set forth in Section .0700 of the Subchapter.

History Note:        Authority G.S. 111‑27; 111‑27.1; 34 C.F.R. 395.3; 34 C.F.R. 395.7; 20 U.S.C. Sec. 107;

Eff. February 1, 1976;

Readopted Eff. November 16, 1977;

Amended Eff. August 1, 2002; April 1, 1990; February 1, 1984; October 1, 1978;

Readopted Eff. August 1, 2020.