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| Home > Statutes > USA Washington |
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USA Statutes : washington
Title : Public assistance
Chapter : Department of services for the blind
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RCW 74.18.010Intent.The purposes of this chapter are to promote employment and independence of blind persons in the state of Washington through their complete integration into society on the basis of equality, and to encourage public acceptance of the abilities of blind persons.[2003 c 409 § 2; 1983 c 194 § 1.]Notes:Findings -- 2003 c 409: "The legislature finds and declares the following: (1) Thousands of citizens in the state have disabilities, including blindness or visual impairment, that prevent them from using conventional print material. (2) Governmental and nonprofit organizations provide access to reading material by specialized means, including books and magazines prepared in braille, audio, and large-type formats. (3) Access to time-sensitive or local or regional publications, or both, is not feasible to produce through these traditional means and formats. (4) Lack of direct and prompt access to information included in newspapers, magazines, newsletters, schedules, announcements, and other time-sensitive materials limits educational opportunities, literacy, and full participation in society by people with print disabilities. (5) Creation and storage of information by computer results in electronic files used for publishing and distribution. (6) The use of high-speed computer and telecommunications technology combined with customized software provides a practical and cost-effective means to convert electronic text-based information, including daily newspapers, into synthetic speech suitable for statewide distribution by telephone. (7) Telephonic distribution of time-sensitive information, including daily newspapers, will enhance the state's current efforts to meet the needs of blind and disabled citizens for access to information which is otherwise available in print, thereby reducing isolation and supporting full integration and equal access for such individuals." [2003 c 409 § 1.] RCW 74.18.060Department Powers and duties.The department shall: (1) Serve as the sole agency of the state for contracting for and disbursing all federal and state funds appropriated for programs established by and within the jurisdiction of this chapter, and make reports and render accounting as may be required; (2) Adopt rules, in accordance with chapter 34.05 RCW, necessary to carry out the purposes of this chapter; (3) Negotiate agreements with other state agencies to provide services so that individuals of any age who are blind or are both blind and otherwise disabled receive the most beneficial services.[2003 c 409 § 6; 1983 c 194 § 6.]Notes:Findings -- 2003 c 409: See note following RCW 74.18.010. RCW 74.18.120Administrative hearing Appeal Rules.(1) An applicant or eligible person who is dissatisfied with a decision, action, or inaction made by the department or its agents regarding that person's eligibility or department services provided to that person is entitled to an administrative hearing. Such administrative hearings shall be conducted pursuant to chapter 34.05 RCW by an administrative law judge. (2) The applicant or eligible individual may appeal final decisions issued following administrative hearings under RCW 34.05.510 through 34.05.598. (3) The department shall develop rules governing other processes for dispute resolution as required under the federal rehabilitation act of 1973.[2003 c 409 § 10; 1989 c 175 § 150; 1983 c 194 § 12.]Notes:Findings -- 2003 c 409: See note following RCW 74.18.010.Effective date -- 1989 c 175: See note following RCW 34.05.010. RCW 74.18.200Business enterprises program Definitions.Unless the context clearly requires otherwise, the definitions in this section apply in RCW 74.18.200 through 74.18.230. (1) "Business enterprises program" means a program operated by the department under the federal Randolph-Sheppard Act, 20 U.S.C. Sec. 107 et seq., and under this chapter in support of blind persons operating vending businesses in public buildings. (2) "Vending facility" means any stand, snack bar, cafeteria, or business at which food, tobacco, sundries, or other retail merchandise or service is sold or provided. (3) "Vending machine" means any coin-operated machine that sells or provides food, tobacco, sundries, or other retail merchandise or service. (4) "Blind person" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual selects. (5) "Licensee" means a blind person licensed by the state of Washington under the Randolph-Sheppard Act, this chapter, and the rules issued hereunder. (6) "Public building" means any building and immediately adjacent outdoor space associated therewith, such as a patio or entryway, which is: (a) Owned by the state of Washington or any political subdivision thereof or any space leased by the state of Washington or any political subdivision thereof in any privately-owned building; and (b) dedicated to the administrative functions of the state or any political subdivision. However, this term shall not include property under the jurisdiction and control of a local board of education without the consent of such board. (7) "Priority" means the department has first and primary right to operate the food service and vending facilities, including vending machines, on federal, state, county, municipal, and other local government property except those otherwise exempted by statute. Such right may, at the sole discretion of the department, be waived in the event that the department is temporarily unable to assert the priority.[2003 c 409 § 18; 1985 c 97 § 1; 1983 c 194 § 20.]Notes:Findings -- 2003 c 409: See note following RCW 74.18.010. RCW 74.18.220Business enterprises program Vending facilities in public buildings.(1) The department is authorized to license blind persons to operate vending facilities and vending machines on federal property and in public buildings. (2) The state, political subdivisions thereof, and agencies of the state, or political subdivisions thereof shall give priority to licensees in the operation of vending facilities and vending machines in public buildings.[1983 c 194 § 22.] RCW 74.18.230Business enterprises revolving account.(1) There is established in the state treasury an account known as the business enterprises revolving account. (2) The net proceeds from any vending machine operation in a public building, other than an operation managed by a licensee, shall be made payable to the business enterprises program, which will pay only the blind vendors' portion, at the subscriber's rate, for the purpose of funding a plan of health insurance for blind vendors, as provided in RCW 41.05.225. Net proceeds, for purposes of this section, means gross sales less state sales tax and a fair minimum return to the vending machine owner or service provider, which return shall be a reasonable amount to be determined by the department. (3) All federal moneys in the business enterprises revolving account shall be expended only for development and expansion of locations, equipment, management services, and payments to licensees in the business enterprises program. (4) The business enterprises program shall be supported by the business enterprises revolving account and by income which may accrue to the department pursuant to the federal Randolph-Sheppard Act.[2003 c 409 § 20; 2002 c 71 § 2; 1993 c 369 § 1; 1991 sp.s. c 13 §§ 19, 116. Prior: 1985 c 97 § 2; 1985 c 57 § 72; 1983 c 194 § 23.]Notes:Findings -- 2003 c 409: See note following RCW 74.18.010.Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW 18.08.240.Effective date -- 1985 c 57: See note following RCW 18.04.105.
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