C.F.R. » Title 34 » 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 › Subpart B—The State Licensing Agency

34 C.F.R. § 395.5

Approval of application for designation as State licensing agency

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When the Secretary determines that an application submitted by a State vocational rehabilitation agency under § 395.2, and the accompanying rules and regulations indicate a plan of program operations which will stimulate and enlarge the economic opportunities for the blind, and which will meet all other requirements of this part, he shall approve the application and shall designate the applying State vocational rehabilitation agency as the State licensing agency.

Notes of Decisions
Cited in 7 cases, 1990–2017 · leading case: Tamashiro v. Dep't of Human Servs., 146 P.3d 103 (Haw. 2006).
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Tamashiro v. Dep't of Human Servs., 146 P.3d 103 (Haw. 2006). · cites it 2× “§ 107a(a)(5), [§ ]107b; 34 C.F.R. §§ 395.5 , 395.8. A person seeking a position as a blind vendor applies to the designated state agency and is licensed by that agency.”
Tennessee Dep't of Human Servs. v. United States Dep't of Educ., 979 F.2d 1162 (6th Cir. 1992). “§§ 107a(a)(5), 107b; 34 C.F.R. §§ 395.5 , 395.8. A person seeking a position as a blind vendor applies to the designated state agency and is licensed by that agency.”
Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). · cites it 2× “§§ 107a(a)(5), 107b; 34 C.F.R. §§ 395.5 , 395.7. With respect to obtaining a vending stand, the statutory scheme is two-tiered.”
Wisconsin Dep't of Workforce Dev. v. United States Dep't of Educ., 667 F. Supp. 2d 1007 (W.D. Wis. 2009). “§§ 107a(a)(5), 107b; 34 C.F.R. §§ 395.5 , 395.8. At the state level, state licensing agencies implement the program.”
NH Dept. of Admin. v. Ramsey, 366 F.3d 1 (1st Cir. 2004). “§§ 107a(a)(5), 107b; 34 C.F.R. §§ 395.5 , 395.8. A person seeking a position as a blind vendor applies to the designated state agency and is licensed by that *6 agency.”
Wisconsin v. US DEPT. OF EDUC., 667 F. Supp. 2d 1007 (W.D. Wis. 2009). “§§ 107a(a)(5), 107b; 34 C.F.R. §§ 395.5 , 395.8. At the state level, state licensing agencies implement the program.”
State of Texas v. United States, No. 17-847 (Fed. Cl. Nov. 7, 2017). “See 34 C.F.R. § 395.5 (2017). Upon approval, the applicant becomes the designated SLA for the State.”
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