[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR395.7]

[Page 466-467]
 
                           TITLE 34--EDUCATION
 
            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.  395.7  The issuance and conditions of licenses.

    (a) The State licensing agency shall establish in writing and 
maintain objective criteria for licensing qualified applicants, 
including a provision for giving preference to blind persons who are in 
need of employment. Such criteria shall also include provisions to 
assure that licenses will be issued only to persons who are determined 
by the State licensing agency to be:
    (1) Blind;
    (2) Citizens of the United States; and
    (3) Certified by the State vocational rehabilitation agency as 
qualified to operate a vending facility.
    (b) The State licensing agency shall provide for the issuance of 
licenses for an indefinite period but subject to suspension or 
termination if, after affording the vendor an opportunity for a full 
evidentiary hearing, the State licensing agency finds that the vending 
facility is not being operated in accordance with its rules and 
regulations, the terms and conditions of the permit, and the terms and 
conditions of the agreement with the vendor.

[[Page 467]]

    (c) The State licensing agency shall further establish in writing 
and maintain policies which have been developed with the active 
participation of the State Committee of Blind Vendors and which govern 
the duties, supervision, transfer, promotion, and financial 
participation of the vendors. The State licensing agency shall also 
establish procedures to assure that such policies have been explained to 
each blind vendor.