Ind. Admin. Code tit. 460, r. 2-4-37 – Business performance of a business enterprise program facility

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

Sec. 37. (a) A BEP facility must produce a reasonable amount of net proceeds in order to:

(1) provide:
1. (A) a significant economic opportunity for a licensed manager or manager trainee; and
2. (B) for a productive use of program assets; and
(2) be suitable as a BEP facility.

(b) The state licensing agency, with the active participation of the Indiana elected committee of licensed managers, shall select criteria to determine whether a BEP facility produces a reasonable amount of net proceeds. The criteria includes, but is not limited to, the following:

(1) The criteria set out in section 14(a)(2) of this rule.
(2) An operator's need for assistance in performing any operational responsibility under this rule.

(c) The state licensing agency will perform quarterly evaluations of each BEP facility to determine whether a facility is producing a reasonable amount of net proceeds.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 2-4-37; filed Aug 23, 2001, 2:30 p.m.: 25 IR 81; 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)