[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR395.8]

[Page 469]
 
                           TITLE 34--EDUCATION
 
              CHAPTER III--OFFICE OF SPECIAL EDUCATION AND
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 395--VENDING FACILITY PROGRAM FOR THE BLIND ON FEDERAL AND OTHER PROPERTY--Table of Contents
 
                  Subpart B--The State Licensing Agency
 
Sec. 395.8  Distribution and use of income from vending machines on Federal property.

    (a) Vending machine income from vending machines on Federal property 
which has been disbursed to the State licensing agency by a property 
managing department, agency, or instrumentality of the United States 
under Sec. 395.32 shall accrue to each blind vendor operating a vending 
facility on such Federal property in each State in an amount not to 
exceed the average net income of the total number of blind vendors 
within such State, as determined each fiscal year on the basis of each 
prior year's operation, except that vending machine income shall not 
accrue to any blind vendor in any amount exceeding the average net 
income of the total number of blind vendors in the United States. No 
blind vendor shall receive less vending machine income than he was 
receiving during the calendar year prior to January 1, 1974, as a direct 
result of any limitation imposed on such income under this paragraph. No 
limitation shall be imposed on income from vending machines, combined to 
create a vending facility, when such facility is maintained, serviced, 
or operated by a blind vendor. Vending machine income disbursed by a 
property managing department, agency or instrumentality of the United 
States to a State licensing agency in excess of the amounts eligible to 
accrue to blind vendors in accordance with this paragraph shall be 
retained by the appropriate State licensing agency.
    (b) The State licensing agency shall disburse vending machine income 
to blind vendors within the State on at least a quarterly basis.
    (c) Vending machine income which is retained under paragraph (a) of 
this section by a State licensing agency shall be used by such agency 
for the establishment and maintenance of retirement or pension plans, 
for health insurance contributions, and for the provision of paid sick 
leave and vacation time for blind vendors in such State, if it is so 
determined by a majority vote of blind vendors licensed by the State 
licensing agency, after such agency has provided to each such vendor 
information on all matters relevant to such purposes. Any vending 
machine income not necessary for such purposes shall be used by the 
State licensing agency for the maintenance and replacement of equipment, 
the purchase of new equipment, management services, and assuring a fair 
minimum return to vendors. Any assessment charged to blind vendors by a 
State licensing agency shall be reduced pro rata in an amount equal to 
the total of such remaining vending machine income.