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. § 395.7

The issuance and conditions of licenses

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(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.

(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.

Notes of Decisions
Cited in 14 cases, 1984–2006 · 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× “34 C.F.R. § 395.7 (c) (1984). Delaware's rules set forth a comprehensive scheme for the distribution of funds generated to each blind vendor facility.”
Randolph-Sheppard Vendors of Am. v. Caspar W. Weinberger, Nat'l Council of State Agencies for the Blind v. Caspar W. Weinberger, 795 F.2d 90 (D.C. Cir. 1986). “§ 107a(a)(5); 34 C.F.R. § 395.7 . State licensing agencies apply to federal agencies for permits to establish sites for their licensed blind vendors on federal property.”
Cent. States Se. & Sw. Areas Pension Fund v. t.i.m.e.-dc, Inc., 826 F.2d 320 (5th Cir. 1987). “§ 107a(a)(5); 34 C.F.R. § 395.7 . The state agencies then apply to federal agencies for permits to establish sites on federal property for the state-licensed blind vendors.”
Schlank v. Williams, 572 A.2d 101 (D.C. 1990). “; 34 C.F.R. § 395.7 . The state agency is also responsible for the administrative functions involved in overseeing the program, including the collection of an administrative levy from each vendor based upon a percentage of net monthly proceeds.”
Comm. of Blind Vendors v. Dist. of Columbia, 695 F. Supp. 1234 (D.D.C. 1988). “; see 34 C.F.R. § 395.7 . Blind vendor programs are to be self-supporting.”
Turner v. Giles, 450 S.E.2d 421 (Ga. 1994). “Appellants urge that appellee has no property interest in his license which would be subject to constitutional protection under the Fourteenth Amendment.”
Smith v. Rhode Island State Servs. for the Blind & Visually Handicapped, 581 F. Supp. 566 (D.R.I. 1984). · cites it 2× “, 34 C.F.R. §§ 395.7 (c), 395.14(b). Under these circumstances, the rulemaking undertaken by a state licensing agency in disregard of the federal mandate resulted only in rules which were, upon challenge, no rules at all.”
New York v. United States Postal Serv., 690 F. Supp. 1346 (S.D.N.Y. 1988). “§ 107a(a)(5); 34 C.F.R. § 395.7 . The state licensing agencies then apply to various federal agencies for permits allowing them to establish sites for the blind vendors on federal property.”
Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). “§ 107a(a)(5), (c); 34 C.F.R. §§ 395.7 , 395.16, 395.35. Finally, the Secretary is required to ensure, through appropriate regulations, that licensed vendors receive uniform and adequate training, including on-the-job training.”
Randolph-Sheppard Vendors of Am. v. Weinberger, 602 F. Supp. 1007 (D.D.C. 1985). “§ 107a(a)5; 34 C.F.R. § 395.7 (b). These vending facilities include “automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and such other appropriate auxiliary equipment” for the sale of a wide variety of items, 20 U.”
Delaware Dep't of Health & Soc. Servs. v. United States Dep't of Educ., 772 F.2d 1123 (3rd Cir. 1985). “34 C.F.R. § 395.7 (c) (1984). In compliance with that regulation, Delaware’s rules set forth a comprehensive scheme for the dis *1132 tribution of funds generated at each blind vendor facility.”
Georgia Dep't of Human Resources v. Nash, 915 F.2d 1482 (11th Cir. 1990). “§ 107a; 34 C.F.R. §§ 395.7 , .16. The vendors remain licensees of the state and earn income from the facilities’ profits.”
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