1. A. The BEP shall revoke a BEP Operator’s license for the following reasons:

   1. 1. A BEP Operator is not in compliance with the requirements of this Article, contractual agreements, or any applicable federal or state statute, regulation, rule, policy, or procedure.
   2. 2. A BEP Operator’s deliberate material misrepresentation to the Department related to the BEP.
   3. 3. A BEP Operator’s use of, or impairment from, alcoholic beverages or drugs that cause impairment while engaged in the operation of the Business Facility.
   4. 4. A BEP Operator neglects or refuses to provide information, including reports, and to transmit evaluations required by this Article on a monthly basis by the deadline indicated in the Operator’s Agreement and as described in BEP policy.
   5. 5. In the event of an Abandoned Facility or when the BEP Operator fails without Good Cause to open the Business Facility for business at the scheduled hours without notice to the BEP as described in BEP policy.
   6. 6. A BEP Operator is convicted of a felony while participating in the BEP.

   7. 7. A BEP Operator no longer meets the qualifications for participation in the BEP due to:

      1. a. An improvement of vision to the degree that the BEP Operator is no longer Legally Blind;
      2. b. A change of citizenship from the United States to citizenship of another country; or
      3. c. An inability to meet the physical or emotional demands of operating a Business Facility following evaluation by the BEP.
2. B. The Department, after notifying the APOC chairperson, shall provide a BEP Operator written notice of the Department’s revocation of the BEP Operator’s license. The notice shall state the grounds for the action and shall refer to any applicable provision of law, regulation, rule, or agreement, and advise the BEP Operator of the right to Appeal.
3. C. The revocation of a BEP Operator’s license shall not relieve the BEP Operator of any business obligations existing as of the license revocation date.
4. D. Termination of an Operator’s Agreement or revocation of a BEP Operator’s license shall not occur until the BEP Operator has been provided the opportunity for a full evidentiary Hearing pursuant to 34 CFR 395.13.

Historical Note

Adopted effective May 7, 1990 (Supp. 90-2). Amended by final rulemaking at 31 A.A.R. 3921 (October 3, 2025), effective November 2, 2025 (Supp. 25-3).