34 C.F.R. § 395.8

Distribution and use of income from vending machines on Federal property

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(a) Vending machine income from vending machines on Federal property which has been disbursed to the State licensing agency by a property managing department, agency, or instrumentality of the United States under § 395.32 shall accrue to each blind vendor operating a vending facility on such Federal property in each State in an amount not to exceed the average net income of the total number of blind vendors within such State, as determined each fiscal year on the basis of each prior year's operation, except that vending machine income shall not accrue to any blind vendor in any amount exceeding the average net income of the total number of blind vendors in the United States. No blind vendor shall receive less vending machine income than he was receiving during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under this paragraph. No limitation shall be imposed on income from vending machines, combined to create a vending facility, when such facility is maintained, serviced, or operated by a blind vendor. Vending machine income disbursed by a property managing department, agency or instrumentality of the United States to a State licensing agency in excess of the amounts eligible to accrue to blind vendors in accordance with this paragraph shall be retained by the appropriate State licensing agency.

(b) The State licensing agency shall disburse vending machine income to blind vendors within the State on at least a quarterly basis.

(c) Vending machine income which is retained under paragraph (a) of this section by a State licensing agency shall be used by such agency for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind vendors in such State, if it is so determined by a majority vote of blind vendors licensed by the State licensing agency, after such agency has provided to each such vendor information on all matters relevant to such purposes. Any vending machine income not necessary for such purposes shall be used by the State licensing agency for the maintenance and replacement of equipment, the purchase of new equipment, management services, and assuring a fair minimum return to vendors. Any assessment charged to blind vendors by a State licensing agency shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

Notes of Decisions

Cited in 5 cases, 1990–2019 · leading case: Sauer v. United States Dep't of Educ., 668 F.3d 644 (9th Cir. 2012).

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Sauer v. United States Dep't of Educ., 668 F.3d 644 (9th Cir. 2012). · cites it 2× “vide licensed bhnd vendors with relevant financial data, § 107b — 1; conduct a biennial election of a Committee of Blind Vendors to represent all blind licensees in the state program, § 107b-1(2); cooperate with the Committee in the training of blind licensees, § 107b — 1(3);…”

Brooks v. Dist. of Columbia, 375 F. Supp. 3d 41 (D.C. Cir. 2019). “§ 107d-3 and its implementing regulation, 34 C.F.R. § 395.8 ("Distribution and use of income from vending machines on Federal property"), as well as D.”

Comm. of Blind Vendors v. Dist. of Columbia, 736 F. Supp. 292 (D.D.C. 1990). · cites it 2× “§§ 107b(l), 107d-l(b), 107d-3(a), (b), (c), and 34 C.F.R. §§ 395.8 , 395.9, 395.32, 395.-37.”

Gillick v. Saddler, 2012 IL App (4th) 111117 (Ill. App. Ct. 2012). · cites it 3× “" 34 C.F.R. § 395.8 (c) (2010). ¶ 11 Plaintiff was awarded the sum of $237,207.”

Bolden v. Dist. of Columbia (D.D.C. 2019). “§ 107d-3 and its implementing regulation, 34 C.F.R. § 395.8 (“Distribution and use of income from vending machines on Federal property”), as well as D.”

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