reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-72. Establishment of rehabilitative manufacturing and service industries; expenditures

The Department may (i) establish, equip and maintain rehabilitative manufacturing and service industries for the employment of suitable blind persons, (ii) pay its employees suitable wages and contribute five percent of the creditable compensation of those employees who elect to participate in a before-tax payroll deduction to a tax deferred retirement savings plan established under the United States Internal Revenue Code for nonprofit agencies, and (iii) devise means for the sale and distribution of the products thereof. However, any expenditures made under §§ 51.5-63, 51.5-66, and 51.5-72 through 51.5-76 shall not exceed the annual appropriation or the amount received by way of bequest or donation during any one year, and no part of the funds appropriated by the Commonwealth for the purposes of §§ 51.5-63, 51.5-66, and 51.5-72 through 51.5-76 shall be used for solely charitable purposes.
Code 1950, § 63-167; 1968, c. 578, § 63.1-73; 1980, c. 4; 1990, c. 740; 1996, cc. 711, 731; 2002, c. 747; 2004, c. 13; 2014, c. 572; 2018, c. 184.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-72.1. The State Advisory Board for the Virginia Industries for the Blind

A. The State Advisory Board for the Virginia Industries for the Blind (the Board) is established as an advisory board in the executive branch of state government. The purpose of the Board is to provide advice for creating opportunities in career development and employment-related services to blind and visually impaired individuals.
B. The Board shall consist of 12 nonlegislative citizen members appointed by the Board for the Blind and Vision Impaired as follows: (i) three persons who shall be blind persons or parents of blind persons; (ii) three representatives of human service agencies; and (iii) six persons who represent local business and manufacturing entities and other employees. Members shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no member shall serve more than two consecutive three-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.
C. The Board shall elect a chairman and vice-chairman from among its membership. A majority of the voting members shall constitute a quorum. The meetings of the Board shall be held at the call of the chairman or whenever the majority of the members so request.
D. Members shall not receive compensation for their service or travel expenses.
E. The Board shall have the following powers and duties:
1. Advise managers of the manufacturing plants on business trends, product development, contract opportunities, and other business matters;
2. Review and comment on fiscal and budgetary matters concerning the operations of the manufacturing and service industries; and
3. Perform such other advisory acts that are in accord with the purposes of this section.
F. The Department for the Blind and Vision Impaired shall provide staff support to the Board. All agencies of the Commonwealth shall provide assistance to the Board, upon request.
2004, c. 13.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-73. Rehabilitation Center for the Blind and Vision Impaired; operation and maintenance

The Department shall have the authority and responsibility for the operation and maintenance of the Virginia Rehabilitation Center for the Blind and Vision Impaired for the purpose of providing services to eligible blind and vision impaired individuals.
1978, c. 143, § 63.1-73.1; 1980, c. 4; 1998, c. 112; 2000, c. 498; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-74. Operation of library service for persons with disabilities; agreement with the Library of Virginia

The Department is hereby authorized to maintain and operate a library service for persons who are blind, vision impaired, and disabled who are eligible for such services pursuant to the Pratt-Smoot Act (P.L. 89-522). Special materials that are provided through this program may include but are not limited to sound reproduction machines such as tape players and record players; talking book records; magnetic tapes; large print books; Braille books; book holders; page turners; captioned films for the deaf; and special electronic devices used as reading aids. The Department may enter into an agreement or agreements with The Library of Virginia for the purpose of receiving federal funds for the operation of this program.
Code 1950, § 63-167.2; 1968, c. 19, § 63.1-74.1; 1980, c. 4; 1992, c. 755; 1994, c. 64; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-75. Use of earnings of rehabilitative manufacturing and service industries; record of receipts and expenditures

In furtherance of the purposes of §§ 51.5-63, 51.5-66, and 51.5-72 through 51.5-76, the Department shall have authority to use any receipts or earnings that accrue from the operation of rehabilitative manufacturing and service industries as provided in such sections, but a detailed statement of receipts or earnings and expenditures shall be carefully kept.
Code 1950, § 63-168; 1968, c. 578, § 63.1-75; 1980, c. 4; 2002, c. 747; 2004, c. 58; 2014, c. 572; 2018, c. 184.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-76. Cooperation with other state agencies

The Department shall cooperate with the State Board of Health and other state agencies in the adoption and enforcement of blindness prevention efforts.
Code 1950, § 63-166; 1968, c. 578, § 63.1-72; 1980, c. 4; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-77. Cooperation with federal agencies

The Department shall cooperate with the federal Department of Education and any other agencies of the United States, in any reasonable manner that may be necessary for this Commonwealth to qualify for and to receive grants or aid from such agencies for social services, rehabilitation, personal adjustment, library and education services to the blind or vision impaired in conformity with the provisions of this chapter, including the making of such reports in such form and containing such information as such agencies of the United States may require, and to comply with such provisions as such agencies of the United States may require to assure the correctness and verification of such reports.
Code 1950, § 63-174; 1968, c. 578, § 63.1-81; 1975, c. 524; 1980, c. 4; 1984, c. 781; 1992, c. 755; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-78. Operation by Department

The Department is hereby authorized to operate vending stands and other business enterprises in public and private buildings for the purpose of providing blind persons with employment, enlarging the economic opportunities of the blind, and stimulating the blind to make themselves self-supporting.
Code 1950, § 63-204.2; 1968, c. 578, § 63.1-143; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-79. Operation by blind persons

Blind persons under the provisions of this article shall be authorized to operate vending stands and other business enterprises on any property where, in the discretion of the owner or custodian of the property, vending stands and other business enterprises may be properly and satisfactorily operated. No fee shall be charged to any blind person for operating a vending stand in or on any buildings, land or other property owned by or leased to the Commonwealth other than rights-of-way for interstate highways and property of community colleges; provided, however, that such blind vendors shall be responsible to the Commonwealth for the charges they incur for utilities.
Code 1950, § 63-204.3; 1968, c. 578, § 63.1-144; 1994, c. 906; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-80. Contract with nominee to provide equipment and merchandise

The Department may contract with any nominee to provide all necessary equipment and merchandise for the operation of the vending stand and business enterprise program in the rehabilitation of the blind.
Code 1950, § 63-204.4; 1968, c. 578, § 63.1-145; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-81. Contract with nominee to furnish services

The Department may contract with the nominee, as agent of the Department, to furnish services, including the purchase of vending stand and other business enterprise equipment and stock, the collection of the funds required to be set aside for the purposes specified in § 51.5-97 and the keeping of accounts.
Code 1950, § 63-204.5; 1968, c. 578, § 63.1-146; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-82. Contracts with federal agencies for installation and supervision

The Department may contract with agencies of the federal government for the installation and supervision of vending stands and business enterprises on federal property in this Commonwealth.
Code 1950, § 63-204.6; 1968, c. 578, § 63.1-147; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-83. Surveys of business enterprise opportunities

The Department shall make surveys of vending stand and other business enterprise opportunities for blind persons in public and private buildings and other properties throughout the Commonwealth.
Code 1950, § 63-204.7; 1968, c. 578, § 63.1-148; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-84. Licensure of blind adult residents as operators

The Department shall be the agency to license blind persons who are residents of the Commonwealth and who are at least eighteen years of age for the operation of vending stands and other business enterprises.
In licensing operators, the Department shall give preference to those blind persons who are in need of employment. Persons licensed shall be qualified to operate such vending stands and other business enterprises.
Code 1950, §§ 63-204.8, 63-204.11; 1968, c. 578, §§ 63.1-149, 63.1-152; 1972, c. 824; 1989, c. 314; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-85. Selection of location and operator of enterprise; supervision

The Department shall be the agency to select the location of the vending stand and other business enterprise, to select the operator, and to provide all necessary supervision of the operator and the vending stand and other business enterprise.
Code 1950, § 63-204.9; 1968, c. 578, § 63.1-150; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-86. Other general duties of the Department

The Department shall perform such other duties as may be necessary and proper to carry out the provisions of this article.
Code 1950, § 63-204.10; 1968, c. 578, § 63.1-151; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-87. Revocation of privilege to operate enterprise

All such privileges to operate vending stands and other business enterprises shall be revocable by the Department in accordance with departmental regulations.
Code 1950, § 63-204.12; 1968, c. 578, § 63.1-153; 1992, c. 755; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-88. Selection of location and type of enterprise with approval of custodian

The Department, with the approval of the custodian having charge of the property on which the vending stand and other business enterprise is to be located, shall select the location for such vending stand and other business enterprise and the type of vending stand and other business enterprise to be provided.
Code 1950, § 63-204.13; 1968, c. 578, § 63.1-154; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-89. Placement of blind persons in vacancies by Department; vending stands in Capitol; regulations

When any vending stand or other business enterprise operated in a public building becomes vacant or a vacancy is created through the construction or acquisition of new public buildings or renovation or expansion of existing public buildings, the existence of such vacancies shall be made known to the Department. The Department acting on behalf of the blind shall have first priority in assuming the operation of such vending stand or business enterprise through placement of a properly trained blind person in such vacancy. This section shall not apply to vending stands or other business enterprises operated in (i) local government buildings, (ii) the State Capitol, or (iii) the legislative office buildings that shall be subject to the control of the Rules Committee of the House of Delegates and the Rules Committee of the Senate. Notwithstanding the provisions of this section, any locality may, by ordinance or resolution, provide for the Department to have first priority in assuming the operation of any vending stand or business enterprise located in a local government building.
Code 1950, § 63-204.14; 1950, p. 6; 1968, c. 578, § 63.1-155; 1978, c. 497; 1979, c. 528; 1992, c. 755; 2002, c. 747; 2012, cc. 805, 836.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-90. Providing blind persons with equipment and merchandise

The Department shall provide blind persons licensed under this article with such vending stand and other business enterprise equipment and a stock of suitable articles to be vended therefrom as may be necessary.
Code 1950, § 63-204.15; 1968, c. 578, § 63.1-156; 1989, c. 314; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-91. Ownership of vending stands and other equipment

The ownership of all vending stands and other business enterprise equipment provided under this article shall, however, remain in the Department, or in the nominee of the Department.
Code 1950, § 63-204.16; 1968, c. 578, § 63.1-157; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-92. Reports by nominee

The Department shall require the nominee to make such reports in such form and containing such information as the Department may from time to time require.
Code 1950, § 63-204.17; 1968, c. 578, § 63.1-158; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-93. Requiring nominee to comply with provisions

The Department shall require the nominee to comply with such provisions as the Department may from time to time find necessary.
Code 1950, § 63-204.18; 1968, c. 578, § 63.1-159; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-94. Suspension of nominee; continued operation of program

If the Department, after reasonable notice and opportunity for hearing to the nominee, finds that the nominee has failed to comply substantially with the provisions of this article or the regulations issued thereunder, it shall notify the nominee that its designation as nominee is suspended until the Department is satisfied that there will no longer be any such failure. Until the Department is so satisfied, or in the event the nominee shall cease to exist, the Department may make such provision as it deems proper for the continued operation of the program established under the provisions of this article.
Code 1950, § 63-204.19; 1968, c. 578, § 63.1-160; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-95. Regulations for administration of article

The Commissioner is authorized to adopt regulations for the administration of this article which shall, among other things, provide for the acquisition and disposition of the vending stand and other business enterprise equipment and other assets used in the operations pursuant to this article.
Code 1950, § 63-204.20; 1968, c. 578, § 63.1-161; 1992, c. 755; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-96. Requiring performance of duties by officers and employees

The Department may require of its officers and employees the performance of such duties to effectuate this article as it deems proper.
Code 1950, § 63-204.21; 1968, c. 578, § 63.1-162; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-97. Funds set aside from proceeds of business enterprises

The Department shall set aside or cause to be set aside from the net proceeds of the operations authorized by this article such funds as may be necessary for the purpose of (i) maintenance and replacement of equipment, (ii) purchase of new equipment, (iii) management services, (iv) assuring a fair minimum return to vendors and (v) the establishment and maintenance of retirement or pension funds, health insurance contributions and the provision for paid sick leave and vacation time in accordance with the Randolph-Sheppard Act Amendments of 1974 (P.L. 93-516).
Code 1950, § 63-204.22; 1968, c. 578, § 63.1-163; 1979, c. 96; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-98. Exemption from taxation; collection and remittance of sales and meals taxes

A. Except as hereinafter provided, the Department, its nominee, and blind persons operating vending stands or other business enterprises under the jurisdiction of the Department shall be exempt from all state and local taxes.
B. Notwithstanding the provisions of subsection A, blind persons operating vending stands or other business enterprises under the jurisdiction of the Department shall be liable for the collection and remittance of any state or local retail sales taxes imposed or authorized by Chapter 6 (§ 58.1-600 et seq.) of Title 58.1 and local meals taxes imposed or authorized by Chapter 38 (§ 58.1-3800 et seq.) of Title 58.1 that are actually collected or collectible from the purchaser unless the property on which such vending stands or other business enterprises are located has been acquired and used by the United States for any military or naval purpose within the Commonwealth and a post exchange or tax exempt concession is located and operated on such land, in which case such blind persons shall not be liable for the collection and remittance of such state or local retail sales tax or local meals tax.
C. Nothing in this section shall be construed to relieve any blind person operating vending stands or other business enterprises under the jurisdiction of the Department from the imposition of (i) local income taxes, (ii) state income taxes or (iii) other taxes imposed that are unrelated to the operation of such vending stands or other business enterprises.
Code 1950, § 63-204.23; 1968, c. 578, § 63.1-164; 1970, c. 198; 1989, c. 314; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-99. Appeal

Any person aggrieved by any act of the Department or of its agents or employees or of its nominee in the administration of this article may appeal such act in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
Code 1950, § 63-204.24; 1968, c. 578, § 63.1-165; 1996, c. 573; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-100. Operation of vending machines at rest areas on interstate highways

A. The Department, in cooperation with the Department of Transportation, is authorized to operate vending machines at rest areas on the interstate highways in the Commonwealth and to use the net proceeds from such operations to establish and operate vending stands and other business enterprises as defined in Article 1 (§ 51.5-60 et seq.) and to provide health insurance for blind vendors.
B. The Department of General Services shall conduct the procurement process for contracts for goods or services authorized by the Department under subsection A, including (i) preparing the solicitation document that will be used, (ii) the evaluating of responses to the issued solicitation, and (iii) making the award decision on the basis of the final scoring of bids or proposals.
1990, c. 385, § 63.1-75.1; 1992, c. 755; 1993, c. 923; 2002, c. 747; 2016, c. 596.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-101. Registration of manufacturers and distributors of goods made by blind persons; authorization to use official stamp, label, etc.

To facilitate ready and authoritative identification of goods or articles made by blind persons, any person and any public or private institution or agency, firm, association or corporation engaged in the manufacture or distribution of goods or articles made by a blind person or persons shall apply to the Department for a registration and authorization to use an official imprint, stamp, symbol or label, designed or approved by the Department, to identify goods and articles as made by blind persons. Nothing in this article shall authorize the identification of goods or articles as made by blind persons when the labor performed by blind persons in connection therewith shall consist solely of the packaging or packing thereof as distinguished from the preparation, processing or assembling of such goods or articles; nor shall any package the contents of which are not blind-made carry the label "packaged by the blind" or words of similar import. The Department shall investigate each application, under regulations it shall adopt for the administration of this article, to assure that such person or organization is actually engaged in the manufacture or distribution of blind-made goods or articles. The Department may register, without investigation, nonresident individuals and out-of-state agencies, firms, associations or corporations upon proof that they are recognized and approved by the state of their residence or organization pursuant to a law of such state imposing requirements substantially similar to those prescribed pursuant to this article. All registrations shall be valid for one year from date of issue. Nothing in this article shall be deemed to prohibit the offering for sale or sale by a blind person of an article or articles made by such blind person without application for registration or to require the labeling of such article or articles.
Code 1950, § 63-204.26; 1966, c. 169; 1968, c. 578, § 63.1-167; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-102. Goods not to be represented as made by blind persons unless identified as such by label, stamp, etc.; what goods may be so identified

No goods or articles made in this or any other state may be displayed, advertised, offered for sale or sold in this Commonwealth upon a representation that the same are made by blind persons unless the same are identified as such by label, imprint, stamp or symbol, and no such goods or articles may be so identified unless at least seventy-five per centum of the total hours of direct labor of producing such goods or articles shall have been performed by a blind person or persons.
Code 1950, § 63-204.27; 1966, c. 169; 1968, c. 578, § 63.1-168; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-103. How goods made by blind persons to be stamped or labeled

Any blind workman, or any public or private institution or agency, corporation, firm or association, registered with the Department pursuant to this article, engaged in the manufacture or distribution of articles of merchandise, made or manufactured by a blind person or persons, shall imprint or stamp upon such articles of merchandise or affix thereto labels containing the words, "made by a blind workman or made by the blind, or blind-made," to which shall be added the name of the manufacturer, the place of manufacture and such other information as the Department may prescribe.
Code 1950, § 63-204.28; 1966, c. 169; 1968, c. 578, § 63.1-169; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-104. Use of words "State," "Commonwealth," or "Virginia."

No person, association, or corporation engaged in the sale of blind-made products may use the words "State," "Commonwealth," or "Virginia" in its company or corporate title unless such person, association, or corporation is actually an instrumentality of the Commonwealth.
Code 1950, § 63-204.29; 1966, c. 169; 1968, c. 578, § 63.1-170; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-105. Certain acts declared misdemeanors

Any person, firm, corporation, institution or association, who (i) shall use or employ an imprint, stamp, symbol or label issued or approved by the Department for the Blind and Vision Impaired or an imitation thereof without having registered with the Department, or (ii) who shall directly or indirectly by any means indicate or tend to indicate or represent that the goods or articles were made by a blind person or persons when in fact such goods or articles were not so made, or (iii) who violates any provision of § 51.5-104 shall be guilty of a misdemeanor.
Code 1950, § 63-204.30; 1966, c. 169; 1968, c. 578, § 63.1-171; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-106. Board established; appointment, terms and qualifications of members; meetings; chairman

There is hereby continued an Advisory Board, hereinafter referred to as the Board, for the Department for the Deaf and Hard-of-Hearing.
The Board shall be composed of nine members appointed by the Governor as follows:
Four representatives of deafness-oriented professions concerned with the health, education, rehabilitation, mental health and welfare of the deaf and hard-of-hearing; four citizens who are deaf or hard-of-hearing; and one member who is a parent of a child who is deaf or hard-of-hearing. Appointments shall be for terms of four years. No person shall be eligible to serve more than two successive terms, except that a person appointed to fill a vacancy may serve two additional successive four-year terms. The Board shall meet at the call of the Chairman, who shall be selected by the Board from among its membership, but no less than four times a year.
1984, c. 670, § 63.1-85.1:1; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-107. Powers and duties of Board

The Board shall have the following powers and duties:
1. To ensure the development of long-range programs and plans provided by the state and local governments for Virginians who are deaf or hard-of-hearing;
2. To review and comment on all budgets and requests for appropriations for the Department prior to their submission to the Secretary of Health and Human Resources and the Governor and on all applications for federal funds; and
3. To advise the Governor, Secretary of Health and Human Resources, Director and the General Assembly on matters related to Virginians who are deaf or hard-of-hearing.
1984, c. 670, § 63.1-85.1:3; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-108. Department for the Deaf and Hard-of-Hearing continued

The Department for the Deaf and Hard-of-Hearing is continued. The Department shall be in the executive branch of the state government and shall be assigned to the Secretary of Health and Human Resources.
1984, c. 670, § 63.1-85.1:2; 1985, c. 447; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-109. Director; appointment; compensation; qualifications

The Governor shall appoint a Director of the Department who shall serve at the pleasure of the Governor and shall be paid such compensation as the Governor may fix.
The Director may be either a person who is deaf or hard-of-hearing or one with normal hearing, but shall be a trained professional who is experienced in problems of the deaf and hard-of-hearing and skilled in the use of manual communication, commonly referred to as sign language.
1972, c. 543, § 63.1-85.2; 1978, c. 603; 1983, c. 440; 1984, c. 670; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-110. Powers and duties of Director

A. The Director shall have the following duties and powers:
1. To supervise the administration of the Department;
2. To prepare, approve, and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations;
3. To employ such personnel as may be required to carry out the purposes of this chapter;
4. To make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of Virginia; and
5. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Director shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable.
B. To effectuate the purposes of this chapter, the Director may request from any department, division, board, commission or other agency and the same shall provide such information, assistance and cooperation as will enable the Director properly to exercise his powers and perform his duties hereunder.
1983, c. 440, § 63.1-85.2:1; 1984, c. 670; 1985, c. 397; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-111. Persons who are deaf or hard-of-hearing defined and categorized

For the purposes of this chapter, persons who are deaf or hard-of-hearing include those who experience hearing losses that range from a mild hearing loss to a profound hearing loss. They are categorized as follows:
1. Persons who are deaf are those whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken communication is through visual input such as lip-reading, sign language, finger spelling, reading or writing.
2. Persons who are hard-of-hearing are those whose hearing is impaired to an extent that makes hearing difficult but does not preclude the understanding of spoken communication through the ear alone, with or without a hearing aid.
1984, c. 670, § 63.1-85.3:1; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-112. Powers and duties of Department

The Department shall have the following powers and duties:
1. To develop a program to inform persons who are deaf or hard-of-hearing and the public of opportunities available for persons who are deaf or hard-of-hearing to fulfill their needs and solve certain problems through existing state and local services and to make available such other information as would be of value to families, professionals and other citizens working or involved in the deafness field;
2. To promote a framework for consultation and cooperation among the state agencies and institutions serving persons who are deaf or hard-of-hearing;
3. To aid in the provision of technical assistance and training within the Commonwealth in order to support efforts to initiate or improve programs and services for persons who are deaf or hard-of-hearing;
4. To evaluate state programs that deliver services to persons who are deaf or hard-of-hearing to determine their effectiveness and to make recommendations to the appropriate government officials concerning the future financial support and continuation of such programs and the establishment of the new ones;
5. To monitor state programs delivering services to persons who are deaf or hard-of-hearing to determine the extent to which services promised or mandated are delivered;
6. To make appropriate recommendations for legislative changes to the Governor and General Assembly and to follow and evaluate federal legislation having a potential impact upon persons who are deaf or hard-of-hearing who live in the Commonwealth;
7. To cooperate with schools for the deaf as provided in Chapter 19 (§ 22.1-346 et seq.) of Title 22.1 insofar as may be practicable;
8. To operate a program of technology assistance and services to encourage independence of persons who are deaf, hard-of-hearing, or speech impaired, including the distribution of devices for the deaf and support of message relay services, through grants, contracts and other means, including a sliding fee scale where appropriate; and
9. To adopt such regulations, consistent with this chapter, as may be necessary to carry out the purpose and intent of this chapter and other laws of the Commonwealth administered by the Director or the Department. Such regulations shall be binding on all officers, agents, and employees engaged in implementing the provisions of this chapter.
1972, c. 543, § 63.1-85.4; 1977, c. 668; 1983, c. 440; 1984, cc. 670, 734; 1988, c. 93; 1996, c. 471; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-113. Statewide interpreter service

The Department is authorized to establish, maintain and coordinate a statewide service to provide courts, state and local legislative bodies and agencies, both public and private, and persons who are deaf or hard-of-hearing who request the same with qualified interpreters for persons who are deaf or hard-of-hearing out of such funds as may be appropriated to the Department for these purposes.
Those courts and state and local agencies that have funds designated to employ qualified interpreters shall pay for the actual cost of such interpreter. The Department is further authorized to establish and maintain lists of qualified interpreters for persons who are deaf or hard-of-hearing to be available to the courts, state and local legislative bodies and agencies, both public and private, and to persons who are deaf or hard-of-hearing.
The Department is authorized to charge a reasonable fee for the administration of quality assurance screening of interpreters. Such fees shall be applied to the costs of administering the statewide interpreter service.
For purposes of this section, a qualified interpreter shall be one who holds at least one of the following credentials:
1. Certification from any national organization whose certification process has been recognized by the Department for the Deaf and Hard-of-Hearing; or
2. A current screening level awarded by the Virginia Quality Assurance Screening Program of the Department for the Deaf and Hard-of-Hearing; or
3. A screening level or recognized evaluation from any other state when (i) the credentials meet the minimum requirements of Virginia Quality Assurance Screening and (ii) the credentials are valid and current in the state issued.
1978, c. 603, § 63.1-85.4:1; 1984, c. 670; 1990, c. 192; 1992, c. 614; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-114. Gifts and donations; disposition of moneys received

The Department is authorized to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions as in the judgment of the Department are proper and consistent with this chapter. All moneys received as gifts or donations or state appropriations shall be deposited in the state treasury to be used by the Department to defray expenses in performing its duties. A full report of all gifts and donations accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom, shall be submitted annually to the Governor by the Department.
1972, c. 543, § 63.1-85.7; 1984, c. 670; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 13 - Department for the Deaf and Hard-of-Hearing › § 51.5-115. Telecommunications relay service; standards; funding

A. As used in this section, unless the context requires otherwise, the term:
"Operation" means those functions reasonably and directly necessary for the provision of telecommunications relay service, including contract procurement and administration and public education and information regarding telecommunications relay service.
"Telecommunications relay service" means a facility whereby a person who has a hearing or speech disability using a text telephone and a person using a conventional telephone device can communicate with each other via telephone.
"VITA" means the Virginia Information Technologies Agency.
"Voice carry over" means technology that will enable a deaf or hard-of-hearing person with good speech to use his voice, instead of the text telephone, to communicate back to the hearing person.
B. The Department, with the assistance of VITA, shall be responsible for the provision and operation of telecommunications relay service for all text telephones within the Commonwealth. Telecommunications relay service shall include at a minimum:
1. Twenty-four-hour-a-day, seven-day-a-week statewide access with no limitations or restrictions that are not applicable to voice users of the telephone network;
2. An answer rate that ensures that at least 85% of the incoming calls are operator-answered within 20 seconds and at least 99% of incoming calls are answered within 60 seconds;
3. Technological advances, including the capability of voice carryover; and
4. Adequate facilities and personnel to ensure that calls are interpreted accurately; notwithstanding this provision, unless miscommunication on a call is caused by the willful misconduct of the telecommunications relay service provider, liability of the telecommunications relay service provider shall be limited to the charges imposed on users for the call.
C. All costs associated with the establishment and operation of the telecommunications relay service, including but not limited to personnel costs incurred by the Department for administering the service, shall be funded through a distribution made to the Department in accordance with the provisions of § 58.1-662 and any money transferred from the Department as provided for in subsection D. Such distributions, when appropriate, may be zero. The distributions shall be based on projected costs and special interim distributions may be made if actual costs exceed projections. No distribution shall be made and no funds shall be expended to support any activities that are not reasonably and directly necessary for the operation of the telecommunications relay service as defined in this section.
D. The Department shall transfer any funds received from the National Exchange Carrier Association, or other funding sources for purposes of operating telecommunications relay services, to VITA for costs associated with telecommunications relay service.
2006, c. 780.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-116. Definitions

As used in this chapter, unless the context requires a different meaning:
"Case management" means a dynamic collaborative process that utilizes and builds on the strengths and resources of consumers to assist them in identifying their needs, accessing and coordinating services, and achieving their goals. The major collaborative components of case management services include advocacy, assessment, planning, facilitation, coordination, and monitoring.
"Case management system" means a central point of contact linking a wide variety of evolving services and supports that are (i) available in a timely, coordinated manner; (ii) physically and programmatically accessible; and (iii) consumer-directed with procedural safeguards to ensure responsiveness and accountability.
"Client" means any person receiving a service provided by the personnel or facilities of a public or private agency, whether referred to as a client, participant, patient, resident, or other term.
"Commissioner" means the Commissioner for Aging and Rehabilitative Services.
"Consumer" means, with respect to case management services, a person with a disability or his designee, guardian, conservator, or committee.
"Department" means the Department for Aging and Rehabilitative Services.
"Employment services organization" means an organization that provides employment services to individuals with disabilities that is an approved Commission on Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department.
"Local board" means a local board of social services established pursuant to Article 1 (§ 63.2-300 et seq.) of Chapter 3 of Title 63.2.
"Local department" means a local department of social services established pursuant to Article 2 (§ 63.2-324 et seq.) of Chapter 3 of Title 63.2.
"Local director" means a local director of social services appointed pursuant to § 63.2-325.
"Older person" or "older Virginian" means a person who is age 60 years or older.
"Physical or sensory disability" means a disability resulting in functional impairment or impairment of the central nervous system, which may include but is not limited to brain injury, spinal cord injury, cerebral palsy, arthritis, muscular dystrophy, multiple sclerosis, Prader-Willi syndrome, and systemic lupus erythematosus (lupus).
"Prader-Willi syndrome" means a specific disorder that is usually caused by chromosomal change, resulting in lifelong functional and cognitive impairments and life-threatening obesity.
"Rehabilitation technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation.
2012, cc. 803, 835; 2014, c. 289; 2018, cc. 243, 377.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-117. Declaration of purpose; Department for Aging and Rehabilitative Services created

A. It is hereby found and determined by the General Assembly that there exists in the Commonwealth a need to ensure effective programs and services, and to improve coordination of these programs and services, for citizens of the Commonwealth who, for reasons of age, disability, or other physical factors, face challenges in living independently in the community and accessing the full range of programs and services to help them achieve independence and an improved quality of life.
B. To achieve the objectives described in subsection A, there is hereby created the Department for Aging and Rehabilitative Services, with such powers and duties as are set forth in this chapter. The Department shall work to ensure effective communications access, technology, vocational, support, and protective services for these citizens within the agency and across the Commonwealth.
C. The Department shall be in the executive branch of state government and shall be assigned to the Secretary of Health and Human Resources.
2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-118. Department designated as state agency for purpose of cooperation with federal government

The Department is designated, subject to the provisions of §§ 51.5-66 and 51.5-77 regarding the Department for the Blind and Vision Impaired, as the state agency for the purpose of cooperating with the federal government in carrying out the provisions and purposes of the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.) and is empowered and directed to cooperate with the federal government in the administration of such act, to prescribe and provide services as may be necessary for the rehabilitation of persons with disabilities, to provide for the supervision of such services, and to disburse and administer federal funds provided for the rehabilitation of such persons.
Code 1950, §§ 2.1-584, 22-327, 22-330.9; 1964, c. 276; 1978, c. 635; 1980, c. 559; 1985, c. 421, § 51.01-9, 51.5-9; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-119. Department designated as state agency for purpose of coordinating rehabilitative services

The Department is designated as the state agency for coordinating rehabilitative services to persons with significant physical or sensory disabilities. The Department shall provide for the comprehensive assessment of the need for rehabilitative and support services of such persons, identify gaps in services, promote interagency coordination, develop models for case management, and advise the Secretary of Health and Human Resources, the Governor, and the General Assembly on programmatic and fiscal policies and the delivery of services to such persons.
1989, c. 176, § 51.5-91; 2000, c. 151; 2012, cc. 803, 835; 2014, c. 289.