299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - Randolph Sheppard Act, Public Law 74-332, as amended, 20 U.S.C. §§ 107-107f.

Administration - the Rehabilitation Services Administration, Commission on Social Services, District of Columbia Department of Human Services. (The Rehabilitation Services Administration has been designated as the Randolph Sheppard licensing agency for the District of Columbia.)

Blind licensee - a blind person licensed by the Department to operate a vending facility on federal or other property

Blind person - a person who after examination by a physician skilled in diseases of the eye or by an optometrist, whichever that person selects, has been determined to have either of the following conditions:

1. (a) Not more than 20/200 central visual acuity in the better eye with correcting lenses; or
2. (b) An equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees (20°).

License - a written instruction issued by the Department to a blind person, authorizing that person to operate a vending facility on federal or other property.

Licensing Agency - the agency designated by the Mayor under this part to issue licenses to blind persons for the operation of vending facilities on federal and other property.

Management services - supervision, inspection, quality control, consultation, accounting, regulating, in-service training, and other related services provided on a systematic basis to support and improve vending facilities operated by blind vendors. It does not include those services or costs which pertain to the on-going operation of an individual facility after the initial establishment period.

Net proceeds - the amount remaining from the sale of articles or services of vending facilities, and any vending machine or other income accruing to blind vendors after deducting the cost of the sale and other expenses (excluding set-aside charges required to be paid by blind vendors).

Nominee - a nonprofit agency or organization designated by the Department through a written agreement to act as its agent in the provision of services to blind licensees under the vending facility program.

Nominee agreement or servicing agreement - a written agreement that the Department may enter into by which another agency or organization undertakes to furnish services to blind vendors, containing provisions that:

1. (a) Clearly ensure the retention by the Department of full responsibility for the administration and operation of all phases of the Program;
2. (b) Provide that no set-aside charges will be collected from blind vendors except as specified in the agreement;

(c) Specify that no nominee will be allowed to exercise any function with respect to funds for the purchase of new equipment or for ensuring a fair minimum of return to vendors, except to collect and hold solely for disposition in accordance with the order of the Department any charges authorized for those purposes by the Department;

(d) Specify that only the Department shall have control with respect to the selection, placement, transfer, financial participation and termination of the vendors, and the preservation, utilization, and disposition of program assets; and

(e) Specify the type and extent of the services to be provided under the agreement.

Party - a person admitted to participate in a hearing conducted pursuant to these rules. A complainant and any affected persons shall be entitled to be named parties. The Administration shall be deemed to be a party without the necessity of being so named.

Person - an individual, partnership, association, corporation, business trust, legal representative, or organized group of individuals or an agency, authority, or instrumentality or the Federal or District governments.

Proceeding - any formal action before a hearing examiner.

Representative - any person authorized by a party to represent that party in a proceeding. Nothing in these rules shall be understood as requiring that a representative be an attorney.

Set-aside funds - funds which accrue to the Department from an assessment against the net proceeds of each vending facility in the District's vending facility program and any income from vending machines on federal property which accrues to the Department.

State Committee of Blind Vendors - a committee established pursuant to Mayor's Order 77-131, dated August 8, 1977, as amended by Mayor's Order 78-22, dated January 12, 1978, to advise and consult with the Rehabilitation Services Administration on issues affecting the administration of the Blind Vendors Program.

Vending facility - automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and other appropriate auxiliary equipment that may be operated by blind licensees and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending or exchange of changes for any lottery authorized by District law and conducted by the Department within the District.

Vending machine - for the purpose of assigning vending machine income under this chapter, a coin or currency operated machine which dispenses articles or services; Provided, that those machines operated by the United States Postal Service for the sale of postage stamps or other postal products and services, machines providing services of a recreational nature, and telephones shall not be considered to be vending machines.

Vendor - a blind licensee who is operating a vending facility on federal or other property.

SOURCE: DCRR Title 6C, as amended by Final Rulemaking published at 27 DCR 4611 (October 17, 1980); and by Final Rulemaking published at 35 DCR 8538 (December 9, 1988).