10A ncac 63c .0704       INCOME FROM VENDING MACHINES ON FEDERAL PROPERTY

(a)  Income from vending machines on federal property which has been disbursed to the Division by a property managing department, agency, or instrumentality of the United States under the vending machine income sharing provisions in 34 CFR 395.32 shall accrue to each operator of the Business Enterprises facility in an amount not to exceed the average net income of the total number of blind operators within such state as determined each fiscal year on the basis of each prior year's operation.  Vending machine income shall not accrue to any operator in any amount exceeding the average net income of the total number of blind operators in the United States.

(b)  No blind operator shall receive less vending machine income than he was receiving during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under this ceiling.

(c)  No limitation shall be imposed on income from vending machines, combined to create a Business Enterprises facility, when such facility is maintained, serviced, or operated by a blind operator.  The Division shall retain vending machine income disbursed by a property managing department, agency, or instrumentality of the United States in excess of the amounts eligible to accrue to blind operators.

(d)  Vending machine income retained by the  Division shall be used for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind operators, if it is so determined by a majority vote of the licensed operators, after each operator has been furnished information on all matters relevant to such purposes; any vending machine income not necessary for such purposes shall be used for one or more of the following: maintenance and replacement of equipment; purchase of new equipment; management services, and assuring a fair minimum return to operators; and any assessment charged to blind operators shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

 

History Note:        Authority G.S. 111‑27; 34 C.F.R. 395.14; 20 U.S.C. Sec. 107;

Eff. October 1, 1978;

Amended Eff. August 1, 2002; February 1, 1986.