Ind. Admin. Code tit. 460, r. 2-4-35 – Distribution and use of income from vending machines not designated as part of a manager's facility on federal property

Affected: IC 12-12-5; 20 U.S.C. 107

Sec. 35. (a) The state licensing agency shall disburse the following:

(1) Income received from vending machines on federal property, when those machines are not designated as part of a BEP facility, in accordance with the requirements in this section.
(2) That income to a licensed manager or managers operating a BEP facility on the same federal property. However, the total amount of income disbursed to a licensed manager shall not exceed the maximum amount allowed under 34 CFR 395.32 and 34 CFR 395.8(a).

(b) If the income from such vending machines exceeds the maximum amount that may be disbursed to a licensed manager under subsection (a)(1), the additional income shall accrue to the state licensing agency for the following purposes:

(1) The income shall be used first for:
1. (A) the establishment and maintenance of retirement or pension plans;
2. (B) health insurance contributions; or
3. (C) the provision of paid sick leave and vacation time for licensed managers in the state;
if a majority vote of managers licensed by the state licensing agency determines that funds should be used for such purposes.
(2) Any vending machine income not necessary for the purposes set out in subdivision (1) shall be used by the state licensing agency for the following purposes:
1. (A) The maintenance and replacement of equipment.
2. (B) The purchase of new equipment.
3. (C) Management services.
4. (D) Assuring a fair minimum return to licensed vendors.
(3) Any assessment or set-aside charged to licensed managers shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

(c) If there is no licensed manager operating a BEP facility on the same federal property, the income shall accrue to the state licensing agency for the purposes set out in subsection (b).

(d) The state licensing agency shall disburse vending machine income under this section on at least a quarterly basis.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 2-4-35; filed Aug 23, 2001, 2:30 p.m.: 25 IR 79; filed Nov 26, 2007, 10:19 a.m.: 20071226-IR-460070254FRA; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 20, 2013, 9:02 a.m.: 20131218-IR-460130457RFA; readopted filed Nov 13, 2019, 11:55 a.m.: 20191211-IR-460190489RFA; readopted filed Oct 8, 2025, 3:17 p.m.: 20251105-IR-460240500RFA)