34 C.F.R. § 395.4

State rules and regulations

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(a) The State licensing agency shall promulgate rules and regulations which have been approved by the Secretary and which shall be adequate to assure the effective conduct of the State's vending facility program (including State licensing agency procedures covering the conduct of full evidentiary hearings) and the operation of each vending facility in accordance with this part and with the requirements and conditions of each department, agency, and instrumentality in control of the maintenance, operation, and protection of Federal property, including the conditions contained in permits, as well as in all applicable Federal and State laws, local ordinances and regulations.

(b) Such rules and regulations and amendments thereto shall be filed or published in accordance with State law.

(c) Such rules and regulations shall include provisions adequate to insure that the right, title to, and interest in each vending facility used in the program and the stock will be vested in accordance with the laws of the State in only the following:

(1) The State licensing agency; or

(2) Its nominee, subject to the conditions specified in § 395.15(b); or

(3) The vendor, in accordance with State determination.

(d) Notwithstanding the provisions of paragraph (c) of this section, any right, title to, or interest which existed on June 30, 1955, in stock may continue so long as:

(1) The interest is in the stock of a facility established under the program prior to July 1, 1955, and

(2) The vendor was licensed in the program (whether or not for the operation of the vending facility in question) prior to July 1, 1955.

Notes of Decisions

Cited in 5 cases, 1983–2018 · leading case: Tyler v. U.S. Dep't of Educ. Rehab. Servs. Admin., 904 F.3d 1167 (10th Cir. 2018).

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Tyler v. U.S. Dep't of Educ. Rehab. Servs. Admin., 904 F.3d 1167 (10th Cir. 2018). “34 C.F.R. § 395.4 ; see also id. § 395.3(a)(7).”

Marlar v. State, 666 P.2d 504 (Ariz. Ct. App. 1983). “34 C.F.R. § 395.4 (1981). A statute, or regulation, is to be given such an effect that no clause, sentence or word is rendered superfluous, void, contradictory, or insignificant.”

Delaware Dep't of Health & Soc. Servs., Div. for the Visually Impaired v. United States Dep't of Educ., 772 F.2d 1123 (3rd Cir. 1985). “107b(5) and the Department of Education's Regulation, 34 C.F.R. 395.4 (1984), the Delaware Division of the Visually Impaired and the Delaware Committee of Blind Vendors developed rules and regulations governing the operation of the Randolph-Sheppard blind vendor program in…”

Delaware Dep't of Health & Soc. Servs. v. United States Dep't of Educ., 772 F.2d 1123 (3rd Cir. 1985). · cites it 2× “§ 107b(5) and the Department of Education’s Regulation, 34 C.F.R. 395.4 (1984), the Delaware Division of the Visually Impaired and the Delaware Committee of Blind Vendors developed rules and regulations governing the operation of the Randolph-Sheppard blind vendor program in…”

Georgia Dep't of Human Resources v. Nash, 915 F.2d 1482 (11th Cir. 1990). · cites it 2× “34 C.F.R. § 395.4 . This regulation might arguably require the state agency to promulgate its own procedures and rules to govern its powers under section 107d-l(b).”

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