NRS 426.670 Powers and duties of Bureau relating to Program; regulations; powers and duties of public entity that has care, custody or control of certain public buildings or property relating to Program; conflicting contractual provisions void.

864 words·~4 min read·/nv/chapter-426-persons-with-disabilities/426-670

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The Bureau shall:

(a)Make surveys of public buildings and properties to determine their suitability as locations for vending facilities to be operated by licensees and advise the heads of the public entities that have care, custody and control of the public buildings or properties of its findings.

(b)Select, train, license and assign qualified persons who are blind to operate vending facilities.

(c)Except as otherwise provided in this paragraph, execute agreements with licensees to operate vending facilities. The agreements must prescribe the responsibilities of the licensee and the Bureau to ensure the efficient operation of the vending facility. The Bureau shall not execute an agreement which obligates the Bureau, under any circumstances, to make payments on a loan to a licensee.

(d)Provide for the election of the Nevada Committee of Vendors Who Are Blind by licensees in this State in accordance with 34 C.F.R. § 395.14.

(e)Establish and effectuate such regulations as it may deem necessary to carry out the purposes of NRS 426.630 to 426.715 , inclusive, and ensure the proper and satisfactory operation of vending facilities. The regulations must provide a method for setting aside money from the net proceeds of vending facilities and provide for the payment and collection thereof.

2. If a survey conducted pursuant to paragraph

(a)of subsection 1 indicates that a public building or property is a suitable location for a vending facility to be operated by a licensee and the Bureau wishes to exercise, on behalf of the licensee, the priority of the licensee, the public entity that has care, custody and control of the public building or property shall cooperate with the Bureau to discuss options for a vending facility. If the public entity reaches agreement with the Bureau regarding the operation of a vending facility at the location, the public entity shall cooperate with the Bureau to ensure the establishment of one or more vending facilities in or on the public building or property. The Bureau may enter into a contract with such a public entity concerning the operation of the vending facilities.

3. The Bureau may enter into contracts with third-party vendors to establish and operate vending facilities when a licensee is not available, the projected sales are insufficient to support a licensee or other extenuating circumstances exist. These contracts must include provisions for the payment of money to the Bureau based on net proceeds from the vending facilities. The Bureau may:

(a)Assign the money to licensees for the maintenance of their incomes; or

(b)Use the money for any purpose authorized by NRS 426.675 .

4. The Bureau may, by regulation, provide:

(a)Methods for recovering the cost of establishing vending facilities.

(b)Penalties for failing to file reports or make payments required by NRS 426.630 to 426.715 , inclusive, or a regulation adopted pursuant to those sections when they are due.

(c)Uniform methods for selecting and assigning a licensee to operate a vending facility.

(d)Procedures to terminate the license of a licensee who is improperly operating a vending facility.

(e)A process for providing an opportunity for a hearing for a licensee who is aggrieved by an action of the Bureau.

(f)A process for active participation by the Nevada Committee of Vendors Who Are Blind in major administrative decisions concerning the Vending Facility Program.

5. A public entity that has care, custody and control of a public building or property in or on which a vending facility is established:

(a)Except as otherwise authorized by a contract entered into pursuant to subsection 6, shall not require the Bureau, a licensee or a third-party vendor to pay any rent, fee, utility charge, commission, incentive or assessment related to the vending facility. Such a prohibited payment includes, without limitation, a fee for the maintenance of landscaping or a common area.

(b)May enter into an agreement with the Bureau to recover the increases in utility costs where there is a direct, measurable and proportional increase in such costs as a result of the operation of the vending facility.

6. The Bureau may, at its discretion, enter into a contract with a public entity that has care, custody and control of a public building or property that contains provisions that are less restrictive than the provisions of this section, including, without limitation, provisions for the payment of an incentive by a licensee to the public entity, if the Bureau, in its discretion, determines that the circumstances justify such less restrictive provisions. The establishment of a vending facility must not, under any circumstances, be contingent upon the payment of an incentive to a public entity.

The Bureau shall not agree to any payment that reduces the profits of the vending facility to the extent that the vending facility is not viable.

7. Any provision in a lease, licensing agreement, contract or other agreement relating to a vending facility established pursuant to this section that conflicts with this section is void.