Section 90. Election, organization and function of the vending facility vendors council

A. The function of the vending facility vendors council shall be:

1. To participate with the state licensing agency in major administrative actions and program development;

2. To receive grievances of blind vendors and serve as advocates for such vendors;

3. To participate with the state licensing agency in the development and administration of a transfer and promotion service for blind vendors;

4. To participate with the state licensing agency in developing a training and retraining program;

5. Sponsorship with the state licensing agency in meeting and instructional conferences for blind vendors; and

6. Such other functions as may be of interest to blind vendors.

B. The state licensing agency has the ultimate responsibility for the administration of the state vending facility program. When the agency position is opposed to that of the vending facility vendors council, the agency will notify the council in writing of the decision reached or the action taken and the reasons for them.

C. Council membership. The vending facility vendors council shall consist of nine vendors. Two from the Richmond district; two from the Norfolk district; two from the Roanoke district; and three from the Northern Virginia district.

D. Elections.

1. All elections shall be conducted by the state licensing agency or its nominee in the district to be represented. The election shall be opened to all vendors in the district. A simple majority shall elect.

2. The members of the council shall elect the chairman by simple majority to serve for a one-year term. The chairman shall be elected after the elections of council members, but before October 1.

E. Terms of office. All terms of office shall be two years. Councilmen shall be eligible for reelection. The terms of office shall start October 1 of the year elected.

F. Meetings of council. The vending facility vendors council shall meet at least biannually. When the vending facility vendors council meets to conduct business, there shall be a quorum of not less than four members present. Subcommittees will be appointed by the council to carry on the business between regular council meetings.

G. Removal of a councilman and vacancies. Any councilman found abusing, misusing, or neglecting his office may be required to show cause at a meeting of the vendors in his district why he should not be removed from office. Removal shall require a 2/3 majority vote by the vendors council membership. Vacancies on council will be filled by a special election held by DVH or its nominee in the district concerned.

H. Financial data and reports.

1. The DVH shall provide relevant financial data concerning the vending facility program to each of the nine councilmen.

2. To the extent permissible under applicable federal or state laws pertaining to the disclosure of confidential information, the department shall provide quarterly and annual financial reports and program data to the vending facility vendors council. Such data shall be made available by medium of choice to each blind vendor, upon request; and when requested, the department will arrange a convenient time to assist in the interpretation of such data.

I. Amendments to council guidelines and reference. Any changes in these guidelines are to be presented in the following manner:

1. If a vendor or the state licensing agency wishes formal changes in the guidelines, such proposed changes shall be prepared in writing at least 30 days prior to the annual vendors meeting. Copies should be distributed to each vendor, the commissioner of DVH and the program manager.

2. The proposed change will be incorporated into the business meeting of the annual vendors meeting. Discussion will occur on the merit of the proposed change and the change will be approved or rejected by a simple majority of the blind vendors at the annual vendor's meeting.

3. Reference. The vending facility vendors council may be referred to as the V.F.V. Council.

Historical Notes

Derived from VR670-02-1 § 3.6, eff. March 28, 1990.

Statutory Authority

§§ 51.5-65 and 51.5-78 of the Code of Virginia.