reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Assistance" means money payments made to or in behalf of blind persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of remedial care recognized under state law in behalf of blind persons in need, but does not include subdivisions (1)(A)-(1)(D) unless the Social Security Act (42 U.S.C.), is amended to include one (1) or more of the following:
(A)
Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases;
(B)
Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of having tuberculosis or psychosis;
(C)
Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such person has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or
(D)
Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance;
(2)
"Department" means the department of human services;
(3)
"Ophthalmologist" means a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye;
(4)
"Optometrist" means any person licensed to practice optometry in this state and holding a current certificate of registration;
(5)
"Recipient" means a person who was receiving aid to the blind benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally provided supplemental security income benefits; and
(6)
"Regional director" means the director of a region under chapter 1, part 1 of this title.
Acts 1937, ch. 51, § 1; 1939, ch. 166, § 1; C. Supp. 1950, § 4765.58 (Williams, § 4765.57); Acts 1951, ch. 194, § 1; 1957, ch. 117, § 21; 1965, ch. 16, § 1; 1973, ch. 337, § 4; 1974, ch. 628, § 13; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), §§ 14-502, 14-13-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-103 - Blindness defined

(a)
A person shall be considered "blind" for the purposes of this part whose vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential.
(b)
The department shall promulgate rules and regulations stating, in terms of ophthalmic measurements, the amount of visual acuity that a recipient may have and still be eligible for assistance under this part.
Acts 1937, ch. 51, § 2; C. Supp. 1950, § 4765.59 (Williams, § 4765.58); Acts 1974, ch. 628, § 14; T.C.A. (orig. ed.), §§ 14-503, 14-13-103.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-104 - Eligibility for assistance

Assistance shall be granted under this part to any blind person who:
(1)
Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence;
(2)
Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health, and whose spouse is not able to meet the person's needs as determined by the department's standards;
(3)
Is not an inmate of any public institution at the time of receiving assistance, nor of any private institution at the time of receiving assistance, except such private institution as has been approved by the department. An inmate of any institution may, however, make application for such assistance;
(4)
Within five (5) years immediately preceding application or during receipt of assistance, has not in order to evade any provision of this part made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade the provisions of this part;
(5)
Is not receiving at the same time old-age assistance;
(6)
Shall not during the period of assistance refuse treatment if the examining ophthalmologist certifies that such treatment will restore, or partially restore, eyesight; or
(7)
Was receiving aid to the blind benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits.
Acts 1937, ch. 51, § 3; 1939, ch. 166, § 2; 1949, ch. 134, § 1; 1949, ch. 171, § 1; C. Supp. 1950, § 4765.60 (Williams, § 4765.59); Acts 1951, ch. 233, § 1; 1955, ch. 32, § 1; 1955, ch. 168, § 1; 1957, ch. 81, § 4; 1957, ch. 116, § 3; 1965, ch. 16, § 2; 1967, ch. 63, §§ 1, 2; 1970, ch. 370, § 1; 1972, ch. 506, § 3; 1974, ch. 628, § 15; T.C.A. (orig. ed.), §§ 14-504, 14-13-104.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-105 - Determination of amount of assistance

The amount of assistance that any person shall receive in the form of supplementary payments shall be determined by an application of 212 (a) of Public Law 93-66, and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances.
Acts 1937, ch. 51, § 4; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.61 (Williams, § 4765.60); Acts 1951, ch. 79, § 1; 1953, ch. 9, § 1; 1957, ch. 117, § 22; 1961, ch. 29, § 1; 1965, ch. 16, § 3; 1967, ch. 63, § 3; 1973, ch. 303, § 24; 1974, ch. 628, § 16; T.C.A. (orig. ed.), §§ 14-505, 14-13-105.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-106 - Duties of department

The department shall:
(1)
Supervise the administration of assistance to the needy blind under this part by the regional directors;
(2)
Make such rules and regulations and take such action as may be necessary or desirable for carrying out this part. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors;
(3)
Establish standards for personnel employed by the department in the administration of this part and make necessary rules and regulations to maintain such standards;
(4)
Compile and supply to the regional director such forms as it may deem necessary and advisable;
(5)
Cooperate with the commissioner of social security, or any federal officer or agency made successor to the commissioner of social security, in any reasonable manner as may be necessary to qualify for federal aid for assistance to the needy blind and in conformity with this part, including the making of such reports in such forms and containing such information as the commissioner of social security may from time to time require, and comply with such provisions as such commissioner may from time to time find necessary to assure the correctness and verification of such reports;
(6)
Publish an annual report and such interim reports as may be necessary;
(7)
Designate a suitable number of ophthalmologists, duly licensed to practice medicine in Tennessee and actively engaged in the treatment of diseases of the human eye, or who are licensed, registered optometrists actively engaged in the practice of optometry in Tennessee, to examine recipients of assistance to the blind;
(8)
Fix the fees to be paid to ophthalmologists and optometrists for such examinations, such fees to be paid out of funds allocated to the department; and
(9)
Designate a suitable number of optometrists duly licensed to practice optometry in this state and holding a current certificate of registration to examine recipients of assistance to the blind; provided, that nothing in this part shall at any time be construed by any state or local agency as conferring upon the optometrist any rights or privileges with regard to the practice of optometry not specifically authorized under title 63, chapter 8.
Acts 1937, ch. 51, § 5; 1943, ch. 152, § 1; C. Supp. 1950, § 4765.62 (Williams, § 4765.61); Acts 1951, ch. 194, §§ 2-6; modified; Acts 1973, ch. 303, § 25; 1974, ch. 628, § 17; T.C.A. (orig. ed.), §§ 14-507, 14-13-106.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-107 - Duties of regional directors

The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department, and shall report to the department at such times and in such manner as it may direct.
Acts 1937, ch. 51, § 6; C. Supp. 1950, § 4765.63 (Williams, § 4765.62); T.C.A. (orig. ed.), §§ 14-508, 14-13-107.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-108 - Appeal to department

(a)
If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it.
(b)
The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing.
Acts 1937, ch. 51, § 10; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.67 (Williams, § 4765.66); Acts 1973, ch. 303, § 27; 1974, ch. 628, § 18; T.C.A. (orig. ed.), §§ 14-514, 14-13-108.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-109 - Finality of department decisions

All decisions of the department shall be final and shall be binding upon the county involved and shall be complied with by the regional director or a designated agent.
Acts 1937, ch. 51, § 10; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.67 (Williams, § 4765.66); T.C.A. (orig. ed.), §§ 14-516, 14-13-109.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-110 - Reinvestigation of awards

(a)
(1)
All assistance grants in the form of money payments made under this part shall be reconsidered by the regional director or a designated agent as frequently as may be required by the rules of the department.
(2)
After such further investigation as the regional director or a designated agent may deem necessary or the department may require, the amount of assistance in the form of money payments may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action.
(b)
A recipient shall submit to a reexamination as to eyesight when required to do so by the regional director or a designated agent or the department. Such recipient shall also furnish any information required by the regional director or a designated agent or by the department.
Acts 1937, ch. 51, § 11; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.68 (Williams, § 4765.67); Acts 1957, ch. 117, § 25; T.C.A. (orig. ed.), §§ 14-517, 14-13-110.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-111 - Change in property or income of recipient

(a)
If, at any time during the continuance of assistance, the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the regional director or a designated agent of the receipt or possession of such property or income.
(b)
The regional director or a designated agent may, after investigation, either cancel the assistance or alter the amount of the money payment in accordance with the circumstances.
(c)
Any assistance paid after the recipient has come into possession of such property or income and in excess of the recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state.
Acts 1937, ch. 51, § 12; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.69 (Williams, § 4765.68); Acts 1957, ch. 117, § 26; 1961, ch. 11, § 1; 1974, ch. 628, § 19; T.C.A. (orig. ed.), §§ 14-518, 14-13-111.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-112 - Removal of recipient from county

Any recipient who moves to another county in this state shall be entitled, with the approval of the department, to receive assistance in the county to which the recipient has moved, and the regional director or a designated agent of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the regional director or a designated agent of the county to which the recipient has moved.
Acts 1937, ch. 51, § 14; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.71 (Williams, § 4765.70); Acts 1951, ch. 162, § 1; T.C.A. (orig. ed.), §§ 14-519, 14-13-112.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-113 - Amendment of law

All assistance granted under this part shall be deemed to be granted and to be held subject to any amending or repealing statute that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of the recipient's assistance being affected in any way by any amending or repealing statute.
Acts 1937, ch. 51, § 20; C. Supp. 1950, § 4765.77 (Williams, § 4765.74); T.C.A. (orig. ed.), §§ 14-520, 14-13-113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-114 - Charging for assistance to applicants

(a)
It is unlawful for any person, firm, or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under any statutes of this state providing for financial assistance to the needy blind.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1937, ch. 118, § 1; 1941, ch. 41, § 1; mod. C. Supp. 1950, § 4765.78 (Williams, § 4765.37); T.C.A. (orig. ed.), §§ 14-521, 14-13-114; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-115 - Unlawful use of lists

(a)
Except as permitted by §§
71-1-117
and
71-1-118
, it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list or names of, or any information concerning, persons applying for or receiving aid to the blind, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.78 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-522, 14-13-115; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-116 - Fraudulent devices

A person who knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitled or assistance greater than that to which such person is justly entitled, or whoever with intent to defraud aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the department, commits a Class E felony.
Acts 1937, ch. 51, § 19; C. Supp. 1950, § 4765.76 (Williams, § 4765.73); Acts 1955, ch. 23, §§ 1, 2; T.C.A. (orig. ed.), §§ 14-523, 14-13-116; Acts 1989, ch. 591, § 105.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-117 - Assignment of benefits - Exemption

Assistance granted under this part shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Acts 1937, ch. 51, § 9; 1937, ch. 51, § 20-a, as added by Acts 1941, ch. 38, § 1; C. Supp. 1950, § 4765.66 (Williams, §§ 4765.65, 4765.74a); T.C.A. (orig. ed.), §§ 14-524, 14-13-117.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 1 - AID TO THE BLIND (§§ 71-4-101 — 71-4-118) › Section 71-4-118 - Veterans education benefits

Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part.
Acts 2003, ch. 239, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 2 - VOCATIONAL SERVICES TO THE BLIND - GENERAL PROVISIONS (§§ 71-4-201 — 71-4-205) › Section 71-4-201 - Policy of state

It is the policy of the state to encourage and enable persons who are blind or visually impaired to participate fully in the social and economic life of this state and to engage in remunerative employment.
Acts 1972, ch. 480, § 1; T.C.A., §§ 14-638, 14-14-101; Acts 2011, ch. 47, § 97.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 2 - VOCATIONAL SERVICES TO THE BLIND - GENERAL PROVISIONS (§§ 71-4-201 — 71-4-205) › Section 71-4-202 - Employment by public agencies

It is the further policy of this state that totally blind or partially blind persons and persons otherwise disabled shall be employed in the state service, the service of the political subdivisions of the state, in the public schools and in all other employment supported in whole or part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved in such employment.
Acts 1972, ch. 480, § 2; T.C.A., §§ 14-639, 14-14-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 2 - VOCATIONAL SERVICES TO THE BLIND - GENERAL PROVISIONS (§§ 71-4-201 — 71-4-205) › Section 71-4-203 - Division of services for the blind created

(a)
The department of human services shall create a division of services for the blind to develop measures for the prevention of blindness, the restoration of sight, and the vocational adjustment of blind persons, including employment in regular industries, independent business, workshops for the blind, or home industries, rehabilitation training and the instruction of adult blind in their homes; provided, that nothing in this section shall be construed to interfere with vending stands already located in state buildings and operated by blind persons.
(b)
All state service regulations now in force and effect in other divisions of the department shall apply in carrying out this section; provided, that this subsection (b) does not apply to employees in the workshops for the blind paid on a piecework or hourly basis.
Acts 1953, ch. 13, §§ 1, 2 (Williams, §§ 4765.3b, 4765.3c); modified; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-601, 14-14-103; Acts 2012, ch. 800, § 49.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 2 - VOCATIONAL SERVICES TO THE BLIND - GENERAL PROVISIONS (§§ 71-4-201 — 71-4-205) › Section 71-4-204 - Purchases made by the state, governing subdivisions of the state, or public institutions

All purchases made by any agency of the state, whether or not through the purchasing division of the department of general services, or by any county, municipality, or other governing subdivision of the state, or by any public institution, shall be made from an agency of the state or a nonprofit workshop for the blind in Tennessee, operating under the approval of the department of human services and the division of services for the blind. This requirement shall not apply if these products are not available within the time period provided in §
71-4-205
, or in any case where products or services are available for procurement from any agency of this state and procurement from any agency of this state is required under any provisions of any law in effect on July 1, 1977.
Acts 1973, ch. 316, § 1; modified; 1977, ch. 283, § 2; T.C.A., §§ 14-646, 14-14-104.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 2 - VOCATIONAL SERVICES TO THE BLIND - GENERAL PROVISIONS (§§ 71-4-201 — 71-4-205) › Section 71-4-205 - Blind-made products - Conformity to standards - Prices

Materials purchased from approved or state-operated workshops for the blind in Tennessee must conform to applicable federal standards and specifications for such products and be priced in accordance with prices provided by such standards. Workshops are to be given sixty (60) days from the date of receipt of the order to fill and deliver the order, in order to allow for procurement of materials and manufacture of the goods.
Acts 1973, ch. 316, § 1; modified; 1977, ch. 283, § 3; T.C.A., §§ 14-647, 14-14-105.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 3 - VOCATIONAL SERVICES TO THE BLIND - HOME INDUSTRIES PROGRAM (§§ 71-4-301 — 71-4-305) › Section 71-4-301 - Use of appropriation for home industries

(a)
The appropriation heretofore made by chapter 119 of the Public Acts of 1945 for the use and benefit of the department of human services shall be expended by the department for the purchase of raw materials and supplies to be used by blind persons in this state in home industries.
(b)
The director of services for the blind of the department has jurisdiction, under the supervision of the commissioner of human services, of the expenditure and repayment of such funds.
(c)
Despite any law to the contrary, purchases of such material by the director of services for the blind may be made without the necessity of taking bids for the purchases, advertisement for such bids or other restrictions now governing the purchases of materials generally on behalf of the state.
Acts 1945, ch. 119, § 1; mod. C. Supp. 1950, § 4765.79 (Williams, § 4765.78); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-614, 14-14-201.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 3 - VOCATIONAL SERVICES TO THE BLIND - HOME INDUSTRIES PROGRAM (§§ 71-4-301 — 71-4-305) › Section 71-4-302 - Bond of director - Liability

(a)
The director of services for the blind shall be required to execute bond for the faithful accounting for and distribution of the funds coming into the director's hands under this part. The bond shall be in such sum as may be fixed by the commissioner of human services, with the approval of the governor, the payments for the bond to be made from such revolving fund.
(b)
Any person having a claim against the director for an alleged mispayment or nonpayment of the proceeds of sale under this part shall have a right of action against such director under the bond required by subsection (a).
Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); impl. am. Acts 1975, ch. 219, § 2 (a, b); T.C.A. (orig. ed.), §§ 14-615, 14-14-202.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 3 - VOCATIONAL SERVICES TO THE BLIND - HOME INDUSTRIES PROGRAM (§§ 71-4-301 — 71-4-305) › Section 71-4-303 - Application for purchase of materials

(a)
Any blind person desiring that materials and supplies for home industries be purchased for such person's benefit shall make application to the director of services for the blind stating the materials desired, the finished product that it is proposed to make and form, the probable cost of the finished product, and the probable sale price of the finished product to be fabricated from such materials.
(b)
Each such application shall likewise contain an express covenant on the part of such person to repay to the fund the amount furnished by it for the purchase of materials and supplies for the person's benefit, and also shall contain an express covenant on the person's part to deliver to the director all the finished products so made from such materials or so much of such materials and supplies furnished and not used.
Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-616, 14-14-203.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 3 - VOCATIONAL SERVICES TO THE BLIND - HOME INDUSTRIES PROGRAM (§§ 71-4-301 — 71-4-305) › Section 71-4-304 - Denial of application for materials

The director of services for the blind may, at the director's discretion, decline to purchase material and supplies for any blind person under this part, whenever and if information available to such director indicates that there is a probability that the amount of such purchase will not be repaid to the state, that the blind person in question possesses sufficient financial ability to purchase such raw materials, that through intermingling of goods the raw materials and supplies purchased with advances from this fund or the finished product may not be satisfactorily identified to such an extent that a contract repayment may be enforced by identifying the finished product.
Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-617, 14-14-204.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 3 - VOCATIONAL SERVICES TO THE BLIND - HOME INDUSTRIES PROGRAM (§§ 71-4-301 — 71-4-305) › Section 71-4-305 - Sale of products - Distribution of proceeds

(a)
All finished products made from raw material and supplies purchased with the proceeds of advances under this part shall be detailed to the director of services for the blind at such times and places as the director may designate.
(b)
Upon receipt of such finished articles, the director, with the approval of the commissioner, shall proceed to sell them in such manner and in such method, either singly or collectively, as will net the highest price. In case of a collective sale, the proceeds shall be ratably apportioned, when several blind persons contributed finished products, in proportion to the amount of such finished products made by each.
(c)
Out of the proceeds of the sale of any finished product made by any blind person, the director of services for the blind shall repay to the revolving fund the amount of the advances made from it to the maker of such finished products and shall pay the remainder of the proceeds of such sale to such blind person.
(d)
The director shall not be permitted to make or deduct any charges for the director's services in negotiating such sale.
Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-618, 14-14-205.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 4 - VOCATIONAL SERVICES TO THE BLIND - BUSINESS ENTERPRISE PROGRAM (§§ 71-4-401 — 71-4-405) › Section 71-4-401 - Program established - Purpose

(a)
The vocational rehabilitation service of the department of human services is authorized to establish and supervise a business enterprise program for the blind.
(b)
The purpose of this program shall be to promote the vocational rehabilitation of blind individuals and to assist them in becoming self-supporting.
Acts 1949, ch. 99, § 1; C. Supp. 1950, § 4765.92 (Williams, § 4765.78a); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-619, 14-14-301; Acts 1994, ch. 723, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 4 - VOCATIONAL SERVICES TO THE BLIND - BUSINESS ENTERPRISE PROGRAM (§§ 71-4-401 — 71-4-405) › Section 71-4-403 - Purchase of materials without formal procedures

(a)
Notwithstanding another law, and except as provided in subsection (b), the commissioner of human services or the commissioner's designee may make purchases of materials, services, equipment, stock, and merchandise for use in a business enterprise program for the blind without the necessity of taking bids for the purchases, advertising bids for such purchases, or complying with other restrictions governing the purchase of goods and services generally on behalf of this state.
(b)
Subsection (a) does not apply to the purchase of software for use in inmate commissary facilities.
Amended by 2024 Tenn. Acts, ch. 609,s 1, eff. 3/27/2024.
Acts 1949, ch. 99, § 3; C. Supp. 1950, § 4765.92 (Williams, § 4765.78c); T.C.A. (orig. ed.), §§ 14-621, 14-14-303.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 4 - VOCATIONAL SERVICES TO THE BLIND - BUSINESS ENTERPRISE PROGRAM (§§ 71-4-401 — 71-4-405) › Section 71-4-404 - Certification of disbursements and repayments

Disbursements from and repayments to the revolving fund shall be made on the certification of the director of services for the blind.
Acts 1949, ch. 99, § 4; C. Supp. 1950, § 4765.92 (Williams, § 4765.78d); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-622, 14-14-304.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 4 - VOCATIONAL SERVICES TO THE BLIND - BUSINESS ENTERPRISE PROGRAM (§§ 71-4-401 — 71-4-405) › Section 71-4-405 - Rules governing disbursements - Liability for losses

Disbursements from the revolving fund shall be made in accordance with rules and regulations recommended by the director approved by the commissioner; provided, that the director shall not be accountable for losses incurred in the making and obtaining of repayment of such advance except for losses due to the director's willful misconduct.
Acts 1949, ch. 99, § 5; C. Supp. 1950, § 4765.92 (Williams, § 4765.78e); T.C.A. (orig. ed.), §§ 14-623, 14-14-305.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 5 - VOCATIONAL SERVICES TO THE BLIND - VENDING STANDS (§§ 71-4-501 — 71-4-509) › Section 71-4-501 - Legislative intent - Construction

It is the intent of the general assembly to grant to blind individuals a priority in the establishment and operation of vending facilities on public property in this state. To that end, this part shall be liberally construed to give the blind individuals who are eligible for such priority the greatest possible opportunities to operate such vending facilities so that they may become self-supporting.
Acts 1994, ch. 723, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 5 - VOCATIONAL SERVICES TO THE BLIND - VENDING STANDS (§§ 71-4-501 — 71-4-509) › Section 71-4-503 - Vending facilities on public property - Priority - Establishment

(a)
Whenever any new buildings or other facilities are to be constructed by the state or on any other public property or when any existing contracts expire or are changed in any way, the department shall be notified and it shall promptly make an investigation and survey of the public property to determine if, in its judgment, the location is suitable for one (1) or more vending facilities. If, in the department's judgment, the location is suitable for a vending facility, the department may exercise its priority to establish such a vending facility.
(b)
If the department exercises the priority under this part, it shall have the right to establish such a vending facility, and it shall provide the necessary alterations, plumbing and electrical services, the necessary equipment, merchandise, a licensed or temporary manager, and the appropriate supervision of the manager. The public property management shall cooperate with the department in whatever manner necessary in order for it to carry out this part. The space for the vending facilities and utilities shall be provided at no cost; provided, that the cost of telephone service shall not be the responsibility of the public property management. In cafeteria operations, the licensed or temporary manager may be required to pay a percentage of sales to the public property management in accordance with agreements negotiated between the department and the public property management.
Acts 1994, ch. 723, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 5 - VOCATIONAL SERVICES TO THE BLIND - VENDING STANDS (§§ 71-4-501 — 71-4-509) › Section 71-4-504 - Vending machines in lieu of on-site manager

(a)
If, after conducting a survey, the department determines that there is not sufficient population to support an on-site manager but the public property management desires vending machine services, the department shall have the right to place vending machines on the property and to make the necessary arrangements to ensure that vending machine services are provided and that the vending machines are properly maintained.
(b)
The income generated from the vending machines placed under the provisions of this section shall accrue to the unassigned funds held by the department for its blind vendors.
Acts 1994, ch. 723, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 5 - VOCATIONAL SERVICES TO THE BLIND - VENDING STANDS (§§ 71-4-501 — 71-4-509) › Section 71-4-505 - Cafeterias

(a)
The priority established by this part applies to cafeterias, as defined by the department, as limited by this section.
(b)
If a new cafeteria is to be constructed on public property or any existing cafeteria contracts on public properties expire, or both, the department shall receive notification pursuant to §
71-4-503
and shall be afforded the opportunity to submit a proposal for the operation of the proposed cafeteria. If the department's proposal, when considered with all other proposals, is found to be competitive in terms of quality of service, pricing of merchandise, and the rate of commission or the rental to be paid, then a priority shall be granted to the department and the cafeteria operation shall be awarded to the department. The department's proposal will not be considered competitive if its proposed payment of annual commissions, rental fees, or a combination of annual commission and rental fees, is not within two percent (2%) of that submitted by an organization that would otherwise be awarded the cafeteria operation. Nothing in this section shall be construed to allow the property management to take any action regarding an existing facility to defeat an already existing priority.
(c)
If the department's proposal is rejected and there is disagreement as to whether the department's proposal is competitive, the dispute shall be resolved in accordance with §
71-4-507
.
Acts 1994, ch. 723, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 5 - VOCATIONAL SERVICES TO THE BLIND - VENDING STANDS (§§ 71-4-501 — 71-4-509) › Section 71-4-506 - Effect of part

Nothing in this part shall supersede any cooperative agreements that are in effect between the department and public property management on July 1, 1994, regarding the current operation of vending facilities on public properties, nor shall anything in this part preclude the department from entering into future agreements that may be less restrictive than this part, if, in the department's judgment, such agreements are in the best interest of the program.
Acts 1994, ch. 723, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 5 - VOCATIONAL SERVICES TO THE BLIND - VENDING STANDS (§§ 71-4-501 — 71-4-509) › Section 71-4-507 - Dispute resolution

(a)
Except as stated in subsection (b), if a dispute arises between the management of public property and the department concerning any matter contained in this part, then either party may file a complaint setting forth the dispute with the secretary of state. Within ten (10) days of the filing of the complaint, the secretary of state shall appoint an administrative law judge from the administrative procedures division of the secretary of state's office who shall set an administrative hearing to be held under the Uniform Administrative Procedure Act, compiled in title 4, chapter 5, part 3, within thirty (30) days of the appointment, unless for good cause shown a later time is deemed necessary. Notwithstanding other provisions of the law to the contrary, the secretary of state or the secretary of state's designee has the authority to render a final order following entry of an initial order by the administrative law judge. Such order shall be appealable as provided by §
4-5-322
.
(b)
The secretary of state shall be without jurisdiction to hear any complaint concerning the qualifications or status of a licensed or temporary manager who is operating under a license or agreement of the department, and shall be without jurisdiction to hear or establish any damage award for or against any person, any officer or employee of the state, or any public property's governing body or its officers or employees.
(c)
The case may be heard and decided entirely upon stipulations and briefs of all parties without the presentation of oral or other written evidence, it being the intent of the general assembly to allow for an early resolution to the disputes arising under this part.
Acts 1994, ch. 723, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 5 - VOCATIONAL SERVICES TO THE BLIND - VENDING STANDS (§§ 71-4-501 — 71-4-509) › Section 71-4-508 - Administrative review or evidentiary hearing

(a)
The department has exclusive jurisdiction to provide an opportunity for an administrative review or evidentiary hearing to a blind individual under this part who is dissatisfied with any action arising from the operation or administration of the vending facility program.
(b)
The aggrieved blind individual licensed by the department shall submit a written request to the director of services for the blind for an administrative review or a full evidentiary hearing pursuant to the rules and regulations promulgated by the department, which shall be provided by the department to the blind individual. If the blind individual is dissatisfied with any action taken or decision rendered as a result of such hearing, that individual may file a complaint with the United States secretary of education for an arbitration hearing as provided by federal law and regulations.
(c)
Nothing in this part shall be construed as a waiver of the state's sovereign immunity under the Eleventh Amendment of the Constitution of the United States or under the Constitution of Tennessee.
Acts 1994, ch. 723, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 5 - VOCATIONAL SERVICES TO THE BLIND - VENDING STANDS (§§ 71-4-501 — 71-4-509) › Section 71-4-509 - Proceeds set aside for blind vendors

(a)
After considering the recommendation from the committee of blind vendors, the department shall set aside or cause to be set aside a percentage of the net proceeds of the vending facilities in a reasonable amount not to exceed fifteen percent (15%) of their net income and pursuant to a schedule approved by the United States secretary of education. Such funds shall be expended on behalf of blind vendors only for purposes specified by regulations promulgated in accordance with the Randolph-Sheppard Act (
20 U.S.C. §§ 107-107f
).
(b)
All funds set aside pursuant to subsection (a) and funds in the account for unassigned funds established for the blind vendors program, and all other revenue, except funds appropriated by the state or matching federal funds, shall be invested by the state treasurer pursuant to §
9-4-603
, for the benefit of those funds.
Acts 1994, ch. 723, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-601 - Short title

This part may be cited as the "Vocational Rehabilitation of the Blind Law."
Acts 1955, ch. 243, § 1; T.C.A., §§ 14-625, 14-14-401.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-603 - Declaration of policy - Plan

(a)
It is hereby declared to be the policy of this state to provide rehabilitation services, to the extent needed and feasible, to eligible blind individuals with employment barriers throughout the state to the end that they may engage in useful and remunerative occupations to the extent of their capabilities, thereby increasing their social and economic well-being and that of their families, and the productive capacity of this state and of the nation, and also thereby reducing the burden of dependency on families and taxpayers.
(b)
Pursuant to such policy, the vocational rehabilitation services shall be provided under this part to blind citizens throughout the state, and the vocational rehabilitation plan adopted pursuant to this part shall be in effect in all political subdivisions of the state.
Acts 1955, ch. 243, § 2; T.C.A., §§ 14-627, 14-14-403; Acts 2011, ch. 47, § 104.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-604 - Creation of division of vocational rehabilitation of the blind - Director - Appointment - Regulations and state plan

(a)
(1)
The division of vocational rehabilitation of the blind, called "the division" in this part, and the office of director of rehabilitation of the blind, the incumbent of which is called the "director," in this part are hereby established in the department of human services.
(2)
The director shall be appointed, in accordance with established personnel standards, on the basis of training, experience and demonstrated ability in the field of vocational rehabilitation, or related fields, with the approval of the commissioner, and shall be the head of the division.
(b)
Except as may be otherwise provided with respect to the blind, the division shall be the sole state agency to supervise and administer vocational rehabilitation services authorized by this part, under the state plan formulated and administered pursuant to this part, except such part or parts of the vocational rehabilitation services as may be administered in a political subdivision or subdivision of this state by a sole local agency of the subdivision, and the division shall be the sole agency to supervise such local agency or agencies in the administration of such part or parts of the vocational rehabilitation services.
(c)
The director shall prepare, conformable to this part, the proposed regulations and a proposed state plan of vocational rehabilitation, and from time to time prepare such proposed changes as shall appear to be necessary or desirable. Upon approval of the proposed regulations and proposed state plan by the commissioner, such approved proposals shall constitute the state regulations and state plan.
Acts 1955, ch. 243, § 4; 1972, ch. 506, § 4; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-628, 14-14-404.