Licensing Requirements for Managing a Business Enterprise

STATE DEPARTMENT OF REHABILITATION SERVICES BUSINESS ENTERPRISE PROGRAM

612:25-6-1. Licensing requirements for managing a business enterprise

(a) Issuance and conditions of a license. A license shall be issued by the SLA in accordance with Federal regulations making the individual eligible to operate a business enterprise. This license will be issued upon successful completion of the SLA training program. 1The license shall be prominently displayed in the licensed manager's business enterprise. Licensed Managers whose facility consists of only vending machines, must carry their BEP license with them. The license remains effective for an indefinite length of time, unless terminated, suspended, or revoked by the SLA in accordance with State and Federal regulations. A license issued to a qualified individual is non-transferable. 2

(b) Termination of agreement or removal from a business enterprise. The SLA may terminate a manager's agreement and/or immediately remove the licensed manager from operation of a business enterprise for cause shown. Termination of a manager's agreement or removal from operation of a business enterprise does not necessarily mean that the manager's license will be suspended or terminated. The licensed manager has the right to a full evidentiary hearing when dissatisfied with any State Licensing Agency action in accordance with BEP, State, and Federal regulations.

(c) Reinstatement of license. Reinstatement of a BEP license for an individual can be accomplished by formally requesting the SLA reinstate the BEP License within a two year period. 3

(d) Termination of license. A license automatically expires when the licensed manager is no longer a U.S. citizen, no longer meets the definition of legal blindness, surrenders his or her license, resigns, retires, or dies. A license may be terminated or suspended by the SLA, after affording the licensed manager an opportunity for a full evidentiary hearing in accordance with State and Federal regulations.

INSTRUCTIONS TO STAFF

1. 612:25-4-14

2. 34 CFR 395.7

3. When the license is reinstated, the amount of seniority/experience in the BEP will also be reinstated.

Section History 7-1-97 PT Memo #97-9 Permanent, new Section 7-1-12 Permanent, updated language due to audit 9-12-14 Permanent, updating language 8-27-15 Language deleted regarding definition of license, formerly section (a). Under reformatted section (a) subsections 1-4 are deleted regarding requirements for the issuance of a BEP

612:25-6-1 Page 1 Effective 8-27-15