§ 23:3023 — Priority to individuals who are blind in operation of concessions in public buildings

§3023. Priority to individuals who are blind in operation of concessions in public buildings
A. State agencies, boards, commissions, and institutions owning, maintaining,
occupying, or controlling property shall in all cases give priority to individuals who are blind,
under the administration of Louisiana Rehabilitation Services, in the operation of vending
stands, vending machines, cafeterias, and other small business concessions to be operated
in the portions, or portions thereof, of properties that those state agencies, boards,
commissions, and institutions own, maintain, occupy, or control. No other vending stands,
vending machines, cafeterias, or small business concessions shall be operated on the same
premises with vending stands, vending machines, cafeterias, or other small business
concessions operated, or contemplated, under the provisions of this Section. Except as
provided under this Part and the Randolph-Sheppard Act, no individual who is blind, under
this Subpart, shall be required to pay any involuntary fee, service charge, or equivalent
thereof upon the operation of a vending stand, vending machines, cafeterias, and other small
business concessions in public buildings or premises, nor shall an individual who is blind be
disturbed in the security of the operation of the vending stand, vending machine, cafeteria,
and other small business concession in any way, without reasonable or just cause.
B. The provisions of this Section shall not apply to state colleges and universities
contracting for food services, vending operations, or other such services.
C. The provisions of this Section shall not apply to state developmental centers
within the Louisiana Department of Health as provided by R.S. 36:259(C)(3) through (6)
which operate canteens, vending stands, vending machines, or other such vending services
on the premises for clients and employees when such operations are provided directly by the
institution.
D. Louisiana Rehabilitation Services shall promulgate, pursuant to the
Administrative Procedure Act, and enforce the rules and regulations necessary to establish
employment and training targets for persons who are blind or otherwise disabled for all blind
vendors employing greater than ten employees and for all businesses servicing facilities
under this Part with greater than ten employees. Blind vendors and businesses servicing
facilities under this Part operating under contracts and permits ratified or issued prior to
promulgation of the rules and regulations shall be exempt from the rules and regulations.
E. Louisiana Rehabilitation Services is hereby authorized to enter into contingency
fee contracts for the identification, development, and generation of unassigned income from
vending machines located on state, federal, and other property pursuant to the provisions of
the Randolph-Sheppard Act and for the identification, development, and generation of job
placement and training opportunities for persons who are blind or otherwise disabled on
properties owned, maintained, occupied, or controlled by state agencies, boards,
commissions, or other institutions. Any such contract shall be awarded pursuant to a request
for proposals in accordance with Chapter 17 of Subtitle III of Title 39 of the Louisiana
Revised Statutes of 1950.
F. For any claim or controversy between state agencies, boards, commissions, and
institutions regarding the state priority for blind vendors, the generation of unassigned
income, or the job placement and training of persons who are blind or disabled not resolved
by mutual agreement, a full evidentiary hearing shall be conducted by an impartial and
qualified official designated by Louisiana Rehabilitation Services with no involvement or
vested interest in the dispute at issue. The hearing officer shall make a written report of the
evidence presented, the laws and rules used in determining a resolution, and the resolution
itself. This report shall be issued to all parties within thirty calendar days of the conclusion
of the full evidentiary hearing. The decision shall be final and conclusive unless fraudulent,
or unless either party institutes a suit pursuant to R.S. 23:3023(G).
G. The Nineteenth Judicial District Court, subject to appeal or review by the First
Circuit Court of Appeal or by the Supreme Court, as otherwise permitted in civil cases by
law and the state constitution, shall have jurisdiction over any matters in connection with a
petition for review of a decision made pursuant to this Subpart, following the exhaustion of
administrative remedies as provided by law or regulation.
H. Louisiana Rehabilitation Services shall provide each licensed blind vendor the
opportunity for due process for any claim or controversy arising from the operation of the
Business Enterprise Program in accordance with the Randolph-Sheppard Act.
I. The provisions of this Section shall not apply to any twenty-four-hour residential
healthcare facility within the Louisiana Department of Health.

Legislative History

Acts 2010, No. 939, §2, eff. July 1, 2010; Acts 2014, No. 761, §1, eff. June 19, 2014; Acts 2014, No. 864, §§4 and 5.