(b) All distribution of donable property to eligible civil defense organizations will be made only in accordance with pertinent regulations of the Office of Civil Defense.

(c) Donable surplus property shall be compared with the respective Standard Form 123 and pertinent shipping documents immediately upon receipt, and any shortage or overage shall be reported to the agency from which the property was obtained and a copy of the report shall be transmitted to the appropriate regional office of the Department, in accordance with procedures set forth in the Surplus Property Utilization Manual issued by the Department.

(d) State Agencies shall maintain adequate provision for protecting property in their custody, including reasonable protection against the hazards of fire, theft, vandalism, and weather.

(e) State Agencies shall, at least annually, report to the appropriate Regional Representative all surplus property which has been in their custody longer than twelve months. Such reports shall be made within 60 days following periodic verification of property on hand as required by the Plan of Operation.

[29 F.R. 8213, June 30, 1964, as amended at 30 F.R. 2445, Feb. 25, 1965]

Agency or by the furnishing of a written report by the donee stating the date the property was placed in eligible utilization and the type of its continuous use.

(b) State Agencies shall take reasonable measures to assure that single items of personal property with an acquisition cost of less than $2,500 that are donated under the provisions of the Act for health or educational purposes are actually used for such purposes.

(c) Where information received by a State Agency indicates fraud or misuse of surplus property donated for health, educational or civil defense purposes, the circumstances pertaining thereto shall be reported immediately to the Department. Upon request by the appropriate Regional Representative, State Agencies shall make appropriate investigations of alleged fraud or misuse of surplus personal property donated for health and educational purposes.

(d) State Agencies shall report immediately to the appropriate law enforcement authorities and to the respective Regional Representative any theft, fraud or indication of fraud in connection with any donable property in its custody and shall investigate and/or settle any such case only with the concurrence of the Regional Representative. § 14.12

Assistance to the Department.

Each State Agency shall cooperate with the Department by releasing property from its custody upon request, and will assist the Department in obtaining voluntary release by donee institutions of property needed for defense or emergency use.

Congress has directed that blind persons licensed by State Agencies under the provisions of the Randolph-Sheppard Vending Stand Act, be authorized, and, so far as feasible, be given preference to operate vending stands on any Federal property where such vending stands may be properly and satisfactorily operated by blind persons. Section 4(a), Public Law 565, 68 Stat. 663 (20 U.S.C. 107). That law further directs the head of each department or agency in control of the maintenance, operation, and protection of Federal property to prescribe regulations, with the approval of the President, to assure that preference including assignment of vending machine income to achieve and protect that preference.

§ 20.2 Department policy on permits for vending stands.

(a) Pursuant to these responsibilities and subject to paragraph (b) of this section, it will be the policy of this Department with respect to property of which it is in control of the maintenance, operation, and protection, to issue a permit authorizing the operation of such vending stands (which

term includes vending machines) without charge for space or necessary utilities as, in the opinion of the State licensing agency, are suitable for operation by a licensed blind person and for which the State licensing agency makes application.

(b) The application of a State licensing agency for a permit may be denied or revoked if the Secretary determines that the interest of the United States would be adversely affected or this Department unduly inconvenienced by its issuance or continuance. Loss of revenue by reason of granting a rent-free permit for operation of a vending stand by a licensed blind person shall not be a basis for denying such permit as unduly inconveniencing this Department or adversely affecting the interest of the United States. If a constituent believes factors other than loss of revenue justify denial or revocation of a permit for the operation of a vending stand by a licensed blind person, it shall refer the matter to the Secretary, together with the recommendation of the Director of the Office of Vocational Rehabilitation.

(c) No permit, lease, or other arrangement for the operation of a vending stand (which term includes vending machines) on property, the maintenance, operation, and protection of which is in a constituent, shall be entered into or renewed without first consulting the State licensing agency, unless express permission is given therefor by the head of the constituent after consultation with the Director of the Office of Vocational Rehabilitation.

(d) After a permit to operate a vending stand is in effect, no article shall be offered for sale on the property (through over the counter sales, by vending machine, or otherwise) which competes with articles approved for sale under the permit, except that this regulation shall not prevent a cafeteria or restaurant from selling articles of a type considered as food and usually sold as part of a meal, nor shall it prevent the sale of articles by vending machines. However, the income from any vending machines which are located within reasonable proximity to and are in direct competition with a vending stand for which a permit has been issued shall be assigned to the operator of such stand. If a vending machine vends articles of a type authorized by the permit and is so located that it attracts customers who

would otherwise patronize the vending stand, such machine is in reasonable proximity to and direct competition with the stand..

(e) In the exercise of any function of this Department in connection with planning for the construction, alteration, or remodeling of buildings which are, or will become, Federal property (including those to be leased or otherwise acquired under Public Law 519, 83d Congress, 68 Stat. 518), provision shall be made for suitable space for a vending stand or stands, if the operation of one on such property will be feasible This shall include the facilities which will be necessary to the operation of such a stand, such as adequate electrical wiring and outlets, heating, plumbing, and ventilation. The constituent will consult with the State licensing agency in carrying out this subsection.

§ 20.3 Provisions of the permit.

(a) The permit will be conditioned upon the vending stand meeting specified standards, including standards relating to appearance, safety, sanitation, and efficiency of operation. Due regard shall be given to provisions of laws and regulations for the public welfare which are applicable, or would be applicable, if the property involved were not under the jurisdiction of the Federal Government.

(b) The permit will specify the types of articles which may be sold. The types of articles specified in section 4(b) (4) of the act (newspapers, periodicals, confections, tobacco products, articles dispensed automatically or in containers or wrapping in which they are placed before receipt by the vending stand) and such related articles as the State licensing agency asks to be included, will be permitted to be sold, unless such factors as the inadequacy of the facilities which are or can reasonably be made available, or safety, health, or legal requirements demand otherwise. Due regard shall be given to provisions of laws and regulations for the public welfare which are applicable, or would be applicable, if the property involved were not under the jurisdiction of the Federal Government. The permit shall also contain adequate provisions to prevent material defacement or damage to property, including a provision that when alterations are to be made by other than the United States, they will be made with the approval of and under the supervision of the appropriate official of the

Federal Government. The permit may contain other reasonable conditions necessary for the protection of the Government and the prospective patrons of the vending stand. However, no condition shall be imposed which would require a vending stand to provide a service not usually associated with such stands.

(c) The permit shall describe the location of the vending stand proper and the locations of the vending machines to be operated on the property. Where feasible, each vending stand will be located in a room, affording easy access to potential patrons.

The permit together with the applicable rules, regulations, and policies of the State licensing agency shall govern the operation of a vending stand, and all officials and employees of this Department shall encourage conduct and operation in accordance with such permit, rules, regulations, and policies. The constituent shall cooperate with the State licensing agency with respect to the foregoing and report to it any significant violations or other relevant matters which come to its attention. If a constituent believes that the State licensing agency is not taking proper action in such matters, it shall inform the Director of the Office of Vocational Rehabilitation.

§ 20.5 Appeals by State licensing agencies.

(a) If a constituent and the State licensing agency fail to reach agreement concerning the granting of a permit for a vending stand, the denial or modification of a permit, the suitability of the stand location, the assignment of vending machine proceeds, the methods of operation of the stand, or other terms of the permit (including articles which may be sold), the State licensing agency shall have the right to appeal to the Secretary. The constituent shall give the State licensing agency written notice of its decision and the State licensing agency shall, within fifteen days from the date of such notice, give the constituent and the Secretary written notices of its appeal.

(b) Upon appeal, full investigation shall be undertaken. The State licensing agency shall be given opportunity to present information; a full report

The

shall be obtained from the constituent; and the Vocational Rehabilitation Administration shall be consulted. decision of the Secretary shall be rendered within ninety days of the filing of the appeal. The State licensing agency shall be promptly notified of the decision and of the action taken thereon. The decision of the Secretary shall be final. [28 F.R. 7594, July 26, 1963]

§ 20.6 Termination of other existing arrangements for vending stands.

(a) When a permit is issued to a State licensing agency for operation of a vending stand on any property location, steps shall be taken to terminate any existing arrangement for the sale of articles by other than a licensed blind person which are not permitted to be sold under § 20.2 (d). In terminating a permit, contract, or other arrangement with other than a State licensing agency, notice shall be given as required under the terms of the arrangement, or if none is provided, a reasonable notice of termination may be given in the discretion of the constituent.

(b) In the application of this section, this Department will cooperate with the non-licensed vendor and the licensing agency to prevent interruption of vending stand service, or where interruption is necessary in preparing for the vending stand for which a permit is issued, to keep such interruption to a minimum. § 20.7 Constituents to maintain procedures for assuring preference.

(a) The head of each constituent of this Department in control of the maintenance, operation, and protection of any Federal property shall maintain the procedures to insure compliance with the regulations of this part.

(b) A constituent shall designate a representative for each property location under its control to cooperate with the State licensing agency.

(c) The State licensing agency of the State in which the property is located shall be notified in writing of the name of such representative.

(d) The representative will make such joint surveys with the State licensing agency as it may request to ascertain whether, and if so, in what locations, vending stands may be properly, profitably, and satisfactorily operated by blind persons.

(e) Such alterations or repairs as are reasonable and feasible in order to

As used in this part, the following terms shall have the meaning indicated:

(a) "Act" means the RandolphSheppard Vending Stand Act (Public Law 732, 74th Congress, 49 Stat. 1559, as amended by Public Law 565, 83d Congress, 68 Stat. 663; 20 U.S.C. 107, chapter 6A).

(b) "Secretary" means the Secretary of Health, Education, and Welfare.

(c) "Constituent" means the Public Health Service, Social Security Administration, Food and Drug Administration, Office of Education, Office of Vocational Rehabilitation, Saint Elizabeths Hospital and such comparable administrative units as may hereafter be formed. Where this Department is in control of the maintenance, operation, and protection of Federal property, but such property is not operated by a constituent as defined above, the Director of the Division of Administration of the Department shall exercise the authority and responsibility of a constituent under this part with respect to such property.

(d) "Federal property" means any building, land, or other real property owned, leased, or occupied by any department or agency of the United States or any instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any Territory or possession of the United States.

(e) "Property" or "property location," unless the context indicates otherwise, means any real property location of which this Department, or a constituent thereof is in control of the maintenance, operation, and protection.

(f) "Permit," unless the context indicates otherwise, means the official authorization given by a constituent on behalf of the United States Government to carry out the statutory policy described in this part, whereby the State licensing agency is authorized to place a licensed blind person (or persons) to operate a vending stand (or stands).

(g) "Denial of a permit” shall include the termination of a permit or the refusal to renew a permit.

(h) "Vending stand," unless the context indicates otherwise, means:

(1) Such shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary

equipment as are necessary for the vending of such articles as may be approved by the State licensing agency and the constituent.

(2) Manual or coin-operated vending machines or similar devices for vending such articles.

(i) "State licensing agency" means the State agency designated by the Director of the Office of Vocational Rehabilitation pursuant to the act to issue licenses to blind persons for the operation of vending stands on Federal and other properties.

(j) "Licensed blind person" means a blind person licensed to operate a vending stand on Federal or other property by a State licensing agency.

§ 35.1

Claims for damage, loss, or destruction of property, personal injury, or death.

Claims for damage to, or loss or destruction of, property or for personal injury or death may be presented by the owner of the property or the injured person or his duly authorized agent or legal representative. The claim, if filed by an agent or legal representative, must show the title or capacity of the person presenting the claim and must be accompanied by evidence of the appointment of such person to act as agent, executor, administrator, guardian, or other fidu

address, the amount of the claim, the detailed facts and circumstances surrounding the accident or incident, indicating the date, time of day, place, the property and persons involved, the nature and extent of the damage, loss, destruction, or injury, and names and addresses of witnesses, and where appropriate, the weather and visibility. Whether or not Standard Form No. 95 is used information must be supplied as to any insurance carried and the sums due or recovered pursuant to such policies of insurance. The claimant may, if he desires, file a brief with his claim setting forth the law or other arguments in support of his claim. In cases involving claims by more than one person arising from a single accident or incident, individual claim forms shall be used. [15 F.R. 1679, Mar. 25, 1950] § 35.3

Place of filing.

(a) General. The liability of the Government and the amount claimed for damage to, or loss or destruction of, property or for personal injury or death must be substantiated. All statements or estimates required to be submitted by the following subsections should, if possible, be by reputable dealers in or persons familiar with, the type of property damaged. Such statements and estimates should be certified as just and correct and, if payment has been made, itemized receipts evidencing such payment should be included. Where property has been damaged, lost, or destroyed, proof of ownership or right to recover for the damage should be submitted. The Government reserves the right to examine any person injured and any property damaged.

(b) Damage to personal property. In support of a claim for damage to personal property which has been or can