(a) Establishing facilities. On its own initiative, at the request of an agency that controls federal or state property, of the ECM, or of a private organization, the Agency shall survey the property, blueprints, or other available information concerning the property to determine whether the installation of a BET facility is feasible and consonant with applicable laws and regulations and with VRD objectives.
- (1) If the installation of a BET facility is determined to be feasible, the Agency shall proceed to develop plans for the establishment of a facility in accordance with procedures promulgated and implemented by Agency staff and, when the facility is developed, shall assign a manager to the facility.
- (2) If it is determined that a blind individual could not properly operate a vending facility at a particular location, the pertinent facility data will be presented to the VRD director to determine whether an individual whose disability is not of a visual nature could operate the facility in a proper manner. The phrase "could not properly operate a vending facility" includes the existence, at the time of the establishment of the facility, of laws or regulations that restrict the blind from operating a particular vending facility as defined under state and federal laws.
(b) Closing facilities. Except for temporary closings by Agency staff, no BET facility shall be closed by the Agency until both of the following have occurred:
- (1) The BET director has certified to the VRD director that the facility is no longer a feasible or viable BET facility and provides reasons for that opinion.
- (2) The VRD director has approved the proposed closing of the facility.
Source Note:The provisions of this §854.83 adopted to be effective September 1, 2019, 44 TexReg 3294.