(a) Purpose.

1. (1) The purpose of evaluation and training is to:

   1. (A) Directly ascertain the potential to manage a vending facility; and
   2. (B) Provide in a customized fashion vocational training needs for eligible persons to become licensed blind vendors.

2. (2)

   1. (A) The training is not designed to provide remedial or personal adjustment training for prospective licensees.
   2. (B) Alternative skills for dealing with blindness should have been accomplished prior to the individual's referral to the Vending Facility Program for vocational training.
3. (3) Should it be determined that additional alternative skills to deal with blindness are insufficient to meet the vocational training needs, the prospective trainee will be referred to the sponsoring vocational rehabilitation counselor for additional training prior to the continuation or conclusion of the program evaluation.

(b) Program rights and responsibilities.

1. (1) The program has the sole right to assign prospective trainees or evaluees to specific vending facilities for evaluation or training purposes.
2. (2) Every effort will be made to accommodate the evaluee's or trainee's particular needs or personal situations but the final placement in a location is the sole right of the program.

(c) Training manager’s rights and responsibilities.

1. (1) A licensed vending facility vendor providing training services may, with or without cause or reason, have an evaluee or trainee removed from a location by making a request to the Vending Facility Program Training Specialist.
2. (2) Evaluees or trainees have no right of assignment to any specific vending facility for evaluation or training.

(d) Payment.

1. (1) Under no circumstances will an evaluee or trainee be paid for any work performed during the assignment to a vending facility as an evaluee or trainee.
2. (2) Additionally, no evaluee/trainee will be used as paid relief help or in substitution or in lieu of paid relief help with the exception of a solo experience as part of the final segment of the program’s training curriculum.
3. (3) Licensed blind vendors who are serving as training vendors will take sick, nonessential, or vacation leave in accordance with agency policies and not utilize evaluees or trainees to serve as unpaid relief help.
4. (4) Certified licensees will be eligible to work as temporary relief help between the time of license certification and initial assignment.

(e) Training money.

1. (1) Requests for additional transportation, maintenance, or other types of training money will be made by the evaluee/trainee to the sponsoring vocational rehabilitation counselor.
2. (2) The program serves only as a mechanism in order to ensure more expedient payment of funds when appropriate vocational rehabilitation authorizations for services have been submitted by the sponsoring vocational rehabilitation counselor.

(f) Complaints and grievances.

1. (1) Applicants, evaluees, trainees, and persons certified for licensing have no rights under the federal Randolph-Sheppard Act, 20 U.S.C. § 107 et seq., or the program’s grievance procedures (22 CAR § 5-1101 et seq.) or access to the State Committee of Blind Vendors for redress of grievances or complaints.
2. (2) Applicants, evaluees, trainees, and persons certified for licensing are considered vocational rehabilitation clients and have rights under the federal Vocational Rehabilitation Act and Division of State Services for the Blind client grievance procedures.
3. (3) Applicants, evaluees, trainees, and persons certified for licensing but not yet assigned to a location will be referred to the sponsoring vocational rehabilitation counselor regarding formal complaints or grievances concerning the program.

(g) Completion of evaluation.

1. (1) After the conclusion of a successful evaluation period, the specialist will determine, in consultation with the trainee and, if necessary, the Vending Facility Program Administrator, the type and approximate duration of training based upon information obtained from the initial four-week evaluation.
2. (2) Persons beginning training simultaneously may or may not complete training at the same time.
3. (3) Determination for certification will be made by the specialist, and final decisions of licensing are the responsibility of the administrator.

(h) Assignments.

1. (1) Specific vending facility assignments are the sole responsibility of the specialist.
2. (2) Efforts will be made to provide a variety of training experiences dependent upon the evaluation results of the individual involved.

(i) Absenteeism.

1. (1) All persons in evaluation or training are expected to be at their assigned location, either classroom or vending facility, on time and on each day of scheduled evaluation or training.
2. (2) Each person will complete a minimum of twenty (20) days of evaluation, with the exception of unexcused absences.
3. (3) Those persons committing three (3) or more unexcused absences during evaluation or training will be automatically dropped.

4. (4)

   1. (A) Excused absences will be made up during the evaluation to maintain the twenty-day evaluation rule.
   2. (B) Excused absences are absences for reason of:

(i) Legitimate illness or other medical reasons; or

1. (ii) Other circumstances as approved by the specialist.

   1. (C) The program reserves the right to obtain a doctor's statement for absences due to medical reasons.
2. (5) If a trainee or evaluee is absent, the specialist should be notified by the evaluee or trainee on the same date of the absence or the absence will be counted as an unexcused absence.

(j) Conduct.

1. (1)

   1. (A) All evaluees and trainees will be expected to perform in a businesslike manner when in vending facilities or at the program office or other vending facility evaluation or training locations.
   2. (B) Any unbusinesslike conduct will be grounds for expulsion from the training program.
2. (2) The use of alcoholic beverages or other chemical substances not specifically prescribed by a medical doctor while in evaluation or in a training setting or coming onto an evaluation or training setting under the influence of such substances is grounds for expulsion from the training program and will not be tolerated.
3. (3) Abusive language, cursing, racial or sexual slurs, or failure to respond to a reasonable request made by the training specialist or training vendor shall be grounds for expulsion from the evaluation or training program.
4. (4) Theft of property or funds from the program or a program vendor shall be grounds for automatic expulsion from evaluation or training.

(k) ServSafe or Department of Health training.

1. (1) ServSafe or Department of Health training is mandatory for all trainees as of November 7, 2005.
2. (2) A trainee will not be certified for licensing until they pass the course.
3. (3) A trainee will have two (2) opportunities to pass before they are denied certification.