<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 13A.11.04.08" title_num="13A" subtitle_num="11" chapter_num="04" heading="Vending Facility Equipment and Merchandise.">
  <paragraph num="A.">
    <text>Vending Facility Equipment.</text>
    <paragraph num="(1)">
      <text>The Division, with the participation of the vendor, shall determine what equipment is needed to operate the vendor's vending facility and shall:</text>
      <paragraph num="(a)">
        <text>Provide adequate equipment in good working order;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Replace worn-out equipment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Retain ownership of equipment purchased by the Division;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Repair and maintain equipment owned by the Division;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Repair and maintain equipment owned by the property managing agency and under contract with the Division;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Reimburse the vendor for equipment purchased by the vendor and preauthorized by the Division, which shall pay the depreciated value determined from the date of the original receipt provided by the vendor; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Perform an annual audit of equipment at each vending facility.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The vendor:</text>
      <paragraph num="(a)">
        <text>May not alter, change, or remove equipment provided by the Division, or property managing agency, without prior approval from the Division;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Shall report immediately any theft of, or damage to, equipment owned by the Division or property managing agency;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Shall be responsible for damage or loss of equipment as a result of negligence on the part of the vendor or the vendor's employee;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Shall perform day to day routine maintenance, and maintain equipment in accordance with manufacturers' recommendations and in a clean and sanitary condition in accordance with applicable federal, State, and county health codes;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Shall immediately notify the Division of equipment needing repair; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Shall assist the Program in verifying the equipment at the vendor's vending facility during the annual audit.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The vendor, at the vendor's expense, may purchase or lease equipment for use in the facility if the equipment is:</text>
      <paragraph num="(a)">
        <text>Consistent with the operation of the facility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Allowed by the permit or contract;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Approved for commercial use; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Approved in advance in writing by the Division or property managing agency, or both.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>With regard to equipment purchased or leased by the vendor in accordance with §A(3) of this regulation, the vendor shall:</text>
      <paragraph num="(a)">
        <text>Assure that the Division is not a party to the lease or purchase agreement;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be responsible for all costs associated with the equipment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Remove the equipment from the vending facility when vacating the vending facility;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Deduct the cost of the equipment as a business expense, in accordance with generally accepted accounting principles, for purposes of calculating set-aside; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Report funds reimbursed, for the purchase, as income to the vending facility for set-aside purposes on the next monthly report following the reimbursement.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>If equipment is placed in the facility by the vendor and the equipment does not meet the requirements of §A(3) and (4) of this regulation, the vendor:</text>
      <paragraph num="(a)">
        <text>May not deduct the cost associated with the equipment as a business expense against the facility, or for set-aside charges;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May be required to remove the equipment from the facility upon the request of the Division; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Will not be reimbursed for any costs associated with the equipment by the Division.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Initial Merchandise and Petty Cash.</text>
    <paragraph num="(1)">
      <text>The Division shall furnish each vending facility with adequate, suitable initial stock of merchandise and petty cash sufficient for the establishment and operation of the vending facility.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The vendor shall maintain an inventory of saleable merchandise equal to or exceeding the value of the initial stock of merchandise furnished by the Division or the cash equivalent.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The initial petty cash provided by the Division and the stock of merchandise remains the property of the Division.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>When a vendor vacates a vending facility:</text>
      <paragraph num="(a)">
        <text>All equipment, merchandise, and petty cash provided by the Division shall remain on the vending facility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All cash on hand other than that provided by the Division shall be the property of the vendor and shall be removed from the vending facility at the time it is vacated;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Within 45 calendar days after the vendor vacates the vending facility, the vendor shall provide to the Division the current wholesale value of saleable merchandise contained in the inventory on the vending facility;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If the vendor fails to comply with this provision, the vendor shall pay a penalty as set forth in the Administrative Manual;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The vendor is not eligible for transfer until final settlement of inventory;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Inventory settlement payment shall be made in accordance with the Administrative Manual; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>The Division may elect to use vending machine income due the vendor as payment of inventory settlement and penalties, if any.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>In the case of the death of the vendor:</text>
      <paragraph num="(a)">
        <text>The Division shall designate the date on which the final inventory shall be taken; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The time period to submit to the Division a priced out inventory may be extended to 60 calendar days and the vendor's heirs or assigns shall have the right to participate in and verify the final inventory of equipment, merchandise, and cash on hand.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>When a vendor accepts an existing vending facility:</text>
      <paragraph num="(a)">
        <text>The Division shall provide the manager the valued inventory within 15 days of receipt by the Division from the vendor vacating the vending facility; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The manager shall have 45 calendar days to review and dispute any discrepancies; otherwise, the inventory value is accepted as correct.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Vendor Ownership of Vending Facilities. If the Division determines that the right, title to, and interest in vending facilities may be vested in the vendors, the Division with the active participation of the Committee of Blind Vendors shall establish policies and procedures adequate to provide each vendor the opportunity to assume ownership of a vending facility.</text>
  </paragraph>
</regulation>