reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.430 - Closing argument

Current through May 31, 2024
At the close of a hearing, a party may request or the labor
					 relations agency will, in its discretion, require the parties to argue orally,
					 to file briefs, or to file proposed findings of fact and conclusions of law.
					 The agency will set the time for oral argument, filing of briefs, or filing
					 proposed findings of fact and conclusions of law.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.440 - Hearing officer's proposed decision

Current through May 31, 2024
In a hearing where the hearing officer hears the case
					 alone, the hearing officer will prepare a proposed decision and order after the
					 close of the record in the case. The proposed decision and order, the case
					 record, and any transcript of the hearing will be transferred to the agency for
					 review under
					 8 AAC 97.450.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.450 - Decisions and orders

Current through May 31, 2024
(a) After considering the record and the
				  hearing officer's proposed decision and order, the agency panel assigned to
				  hear the case will prepare a final written decision and order.
(b) Relevant decisions of the National Labor
				  Relations Board and federal courts will be given great weight in the decisions
				  and orders made under this chapter and
				  AS
				  23.40.070-23.40.260 and
				  AS
				  42.40.720-42.40.890.
(c) If a quorum of an agency panel assigned
				  to hear a case is deadlocked and cannot reach a decision and an agency member
				  who is qualified to serve as a third member under
				  AS
				  23.05.360(f) is available,
				  the chair will assign the member to consider the case on a review of the record
				  and to break the deadlock. If an agency member qualified under
				  AS
				  23.05.360(f) is not
				  available, the chair will refer the case to the full agency to consider the
				  case on a review of the record and to issue a decision and order under (a) and
				  (b) of this section.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.140
AS 23.40.170
AS 42.40.750
AS 42.40.790
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.460 - Posting a decision and order

Current through May 31, 2024
(a) The labor
				  relations agency will serve a copy of the final decision and order and a notice
				  of the decision and order on the parties in the case.
(b) No later than 10 days following service
				  of the notice of the final decision and order, the public employer shall post
				  conspicuously for 10 days a copy of the notice at all work sites where members
				  of the bargaining unit affected by the decision and order are
				  employed.
(c) A public employer may
				  substitute service of the decision and order on affected employees in
				  accordance with
				  8 AAC 97.015 for the posting under (b) of this
				  section.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.465 - Full agency review

Current through May 31, 2024
(a) No later than 15 days after service of
				  the agency panel's decision and order, a party may move or an agency member may
				  request that the full labor relations agency review the agency panel's decision
				  and order if the decision and order conflicts with a decision and order issued
				  in another case by another agency panel.
(b) Another party may respond as set out in
				  8 AAC 97.390(c) to a motion by a party
				  for full agency review.
(c) The
				  full agency will consider the motion and any response. If three agency members
				  concur that the decisions and orders are in conflict, the full agency will
				  review the decision and order for which review has been sought and prepare a
				  final decision and order.
(d)
				  Review will be by consideration of the record in the case unless the agency in
				  its discretion orders additional oral argument, briefing, or
				  evidence.
Authority:
AS
						23.05.380
AS 23.40.140
AS 23.40.170
AS 42.40.790
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.470 - Appeals

Current through May 31, 2024
(a) The labor relations agency may consider
				  an appeal from a ruling or order of a hearing officer or an agency staff
				  member. Any such appeal must be filed within 15 days from the date of service
				  of the ruling or order. However, an appeal of an order of dismissal of a
				  complaint or accusation must be made under
				  8 AAC 97.250.
(b) The agency will not consider an appeal
				  under this section unless the appealing party files an affidavit or other
				  evidence that a substantial and material factual or legal dispute
				  exists.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.480 - Construction

Current through May 31, 2024
If the labor relations agency finds that strict adherence
					 to a regulation in this chapter will work an injustice, the agency will, in its
					 discretion, relax or waive the requirements of that regulation.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 6 - Collective Bargaining Agreement › 8 AAC 97.500 - Filing contracts

Current through May 31, 2024
(a) A public employer who has entered into a
				  collective bargaining agreement under
				  AS
				  23.40.070-23.40.260 or
				  AS
				  42.40.720-42.40.890 shall file one copy of
				  the agreement and any amendments to it with the labor relations agency
(1) no later than 9/20/93; and
(2) 60 days after execution of the agreement
				  or amendment.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 6 - Collective Bargaining Agreement › 8 AAC 97.510 - Petition to enforce contract

Current through May 31, 2024
(a) A party to a
				  collective bargaining agreement may file a petition with the labor relations
				  agency to enforce the agreement. The petition must include
(1) the name, affiliation if any, address,
				  and telephone and facsimile machine numbers of the petitioner and the
				  respondent;
(2) the terms of the
				  collective bargaining agreement that the petitioner seeks to enforce and a
				  plain and concise statement of the reasons the petitioner seeks
				  enforcement;
(3) a copy of the
				  collective bargaining agreement;
(4) a statement that the party has exhausted
				  its rights under the grievance arbitration procedure in the collective
				  bargaining agreement or that the procedure does not apply;
(5) a copy of the grievance arbitrator's
				  decision, if the petition is to enforce an arbitrator's decision; and
(6) a declaration by the person signing the
				  petition that its contents are true and correct to the best of that person's
				  knowledge and belief.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 6 - Collective Bargaining Agreement › 8 AAC 97.520 - Answer to contract enforcement petition

Current through May 31, 2024
(a) Fifteen days
				  from the receipt of a petition to enforce a collective bargaining agreement,
				  the respondent may file an answer to the petition. The respondent's answer must
				  admit or deny each of the allegations contained in the petition, unless the
				  respondent does not have the information necessary to form a belief regarding
				  the truth of the allegation. The answer may contain a plain statement of any
				  explanation or defense.
(b) If the
				  respondent fails to file an answer within the time allowed, the labor relations
				  agency will, in its discretion
(1) hold a
				  hearing and issue a decision and order; or
(2) consider the lack of an answer to the
				  petition as an admission and issue an appropriate order.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 7 - General Provisions › 8 AAC 97.990 - Definitions

Current through May 31, 2024
(a) In this chapter
(1) "confidential employee" means an employee
				  who assists and acts in a confidential capacity to a person who formulates,
				  determines, and effectuates management policies in labor relations
				  matters;
(2) repealed
				  4/14/95;
(3) "employee
				  representative" means the labor or employee organization certified by the labor
				  relations agency or recognized by a public employer as the exclusive bargaining
				  representative for a bargaining unit of the public employer, including all
				  labor or employee organizations recognized on June 22, 1990, by municipal
				  school districts, regional educational attendance areas, and the state boarding
				  school;
(4) "public employer" means
				  the same as in
				  AS
				  23.40.250 and includes the Alaska Railroad
				  Corporation, the University of Alaska Board of Regents, the state boarding
				  school, municipalities, school districts, and regional education attendance
				  areas;
(5) "supervisory employee"
				  means an individual, regardless of job description or title, who has authority
				  to act or to effectively recommend action in the interest of the public
				  employer in any one of the following supervisory functions, if the exercise of
				  that authority is not merely routine but requires the exercise of independent
				  judgment:
(A) employing, including hiring,
				  transferring, laying off, or recalling;
(B) discipline, including suspending,
				  discharging, demoting, or issuing written warnings;
(C) grievance adjudication, including
				  responding to a first level grievance under a collective bargaining
				  agreement;
(6) "agency"
				  means the Alaska labor relations agency;
(7) "election supervisor" means the assigned
				  agent of the labor relations agency responsible for the conduct of an election
				  under 8 AAC 97.025 -
				  8 AAC 97.210;
(8) "service fee" means the fee paid by a
				  nonmember of a labor organization or employee association to the exclusive
				  bargaining agent as reimbursement for the expenses of representation under
				  AS
				  23.40.110(b)(2) or
				  AS
				  42.40.760(b)(2).
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 1 - Plans of Service › 8 AAC 98.010 - Alaska plan

Current through May 31, 2024
The State Plan for the State Vocational Rehabilitation
					 Services Program and State Plan for the State Supported Employment Services
					 Program Fiscal Years 1998-2000, and the State Plan for Independent Living
					 Fiscal Years 1999-2001 under Title IV of
					 Public Law
					 105-220 and as approved by the United States
					 Department of Education effective October 1, 1998, is adopted by
					 reference.
Copies of the state plans described in
						8 AAC 98.010 may be obtained by writing the
						Commissioner, Department of Labor and Workforce Development, P.O. Box 21149,
						Juneau, Alaska 99802-1149.
Authority:
AS
						23.15.010
AS
						23.15.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.300 - Scope of regulations

Current through May 31, 2024
8 AAC 98.300 -
					 8 AAC 98.480 apply to the Randolph-Sheppard Vending
					 Facility Program ( P.L. 83-565 as amended) administered by the division and to
					 the state vending facility program established under
					 AS
					 23.15.100(b) and
					 AS
					 23.15.130.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
AS
						23.15.133
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.310 - Prerequisites for training of vending facility managers

Current through May 31, 2024
(a) The division
				  will provide training in vending facility management as appropriate, to an
				  applicant who meets the following requirements:
(1) the applicant has had no previous
				  training as a vending facility manager; and
(2) for placement in vending facilities on
(A) federal property, the applicant is blind
				  and a citizen of the United States;
(B) state property, the applicant is blind or
				  a person with a severe disability.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.320 - Training of vending facility managers

Current through May 31, 2024
The division will determine and provide on an individual
					 basis, the training necessary to prepare an applicant to operate as a manager
					 of a vending facility. The training may include
(1) personal and vocational
				  adjustment;
(2) business management
				  (e.g. customer relations, business mathematics, merchandising, inventory
				  control, financial reporting, taxation, and accounting procedures);
(3) food handling and preparation;
(4) books, tests, and other training devices
				  or materials; and
(5) temporary
				  relocation out-of-state.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
AS
						23.15.133
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.330 - Certification of trained vending facility managers

Current through May 31, 2024
(a) The division
				  will certify an applicant to operate as a manager of a vending facility on
				  federal property if the applicant meets the requirements of
				  8 AAC 98.310(a) (2)(A) and has
				  successfully completed the training program described in
				  8 AAC 98.320.
(b) The division will certify an applicant to
				  operate as a manager of a vending facility on state property if the applicant
				  meets the requirements of
				  8 AAC 98.310(a) (2)(B) and has
				  successfully completed the training program described in
				  8 AAC 98.320.
(c) An applicant who meets the requirements
				  of 8 AAC 98.310(a) (2)(A) and (B) and who has successfully completed the
				  training program described in
				  8 AAC 98.320 will be certified under both (a) and (b) of
				  this section.
(d) A person who is
				  certified as a vending facility manager will be enrolled on the vending program
				  roster for placement in a vending facility as a substitute manager.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
AS
						23.15.133
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.340 - Licensing of certified vending facility managers

Current through May 31, 2024
(a) The division
				  will license a certified vending facility manager into a vending program when
(1) a vending facility in that vending
				  program is available for immediate placement; and
(2) the division and the certified vending
				  facility manager have entered into a written operating agreement setting out
				  the manager's duties under this chapter.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.350 - Reimbursement

Current through May 31, 2024
(a) The division will pay the personal moving
				  costs, at the rate allowed for state employees, for a licensee entering a
				  vending program for the first time when the vending facility to which the
				  licensee is assigned is at least 50 miles from his or her present
				  home.
(b) A current licensee
				  selected for a new facility or a former licensee requesting re-entry into a
				  vending program must pay personal moving costs.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.360 - Continuing education

Current through May 31, 2024
In consultation with the committees of vendors
					 (8 AAC 98.455), the division will
					 provide appropriate in-service training and post-employment services for
					 licensees to expand and improve their capacity for moving upward within the
					 program.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.370 - Responsibilities of a licensee

Current through May 31, 2024
The responsibilities of a licensee include
(1) operating the facility in accordance with
				  laws relating to vending facilities, public health, taxes, compensation of
				  employees, worker's compensation, insurance, civil rights, and fire and safety
				  codes;
(2) maintaining business
				  accounts and records separate from personal accounts;
(3) maintaining a commercial bank account in
				  which all funds not required as cash on hand are deposited;
(4) making payment for all business expenses
				  in a timely fashion;
(5) retaining
				  receipts for goods and services bought for the business;
(6) submitting accurate and timely reports to
				  the division; and
(7) obtaining and
				  maintaining personal and property damage liability insurance, naming the State
				  of Alaska as an additional insuree, with limits of $100,000 for each person and
				  $300,000 for each occurrence, and insurance against loss by fire or other
				  hazard of the vending facility property.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.380 - Vending facility staffing

Current through May 31, 2024
(a) A vending
				  facility operator shall personally operate the facility unless he or she has
				  designated an assistant manager, a temporary relief manager, or a substitute
				  vacation manager who has been approved by the division.
(b) The vending facility operator must submit
				  to the division the name of the designated temporary relief manager or
				  substitute vacation manager as far in advance as possible. Except for good
				  cause, advance requests for substitute vacation managers must be submitted at
				  least 30 days before the proposed vacation.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.390 - Establishment of vending facility locations

Current through May 31, 2024
In deciding to establish vending facility locations on
					 federal property, in state buildings, and in private buildings where vending
					 facilities are permitted by the owner, the division will apply the following
					 criteria:
(1) the building in which
				  the vending facility is to be located must either house at least 250 employees
				  on a daily basis or evidence foot traffic through it of at least 400 persons
				  daily;
(2) at least 250 square feet
				  of floor space must be available for the vending facility;
(3) adequate utility outlets or hookups must
				  be available; and
(4) a permit or
				  authorization to establish a vending facility in the building must be
				  obtainable.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.400 - Equipment, fixtures, and initial stock

Current through May 31, 2024
(a) The division
				  will provide architectural services, equipment, fixtures, initial supplies and
				  inventory, and initial operating funds necessary for each vending facility that
				  it establishes in a federal or state public building.
(b) All rights to, title to, and interest in
				  the equipment, fixtures, initial inventory, and initial operating funds remain
				  vested in the division.
(c) A
				  licensee may not acquire on his or her own or make additions to or reductions
				  in equipment provided to the facility by the division without the prior written
				  approval of the division.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.410 - Repair and replacement of equipment and fixtures

Current through May 31, 2024
(a) The division
				  will maintain all vending equipment and will replace worn out or obsolete
				  equipment as required. A licensee shall take reasonable care of equipment and
				  perform routine day-to-day maintenance of that equipment.
(b) The division will pay the entire cost of
				  repair of vending facility equipment during
(1) the first six months of operation of a
				  facility by a new licensee;
(2) the
				  first six months of operation of a new facility;
(3) the first three months of operation for
				  equipment transferred from one facility to another; and
(4) the first 30 days for equipment in a
				  facility to which a licensee has been transferred or promoted from another
				  facility.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.420 - Termination of business

Current through May 31, 2024
(a) A licensee who
				  discontinues operation of a vending facility is responsible for financial
				  liabilities incurred in operating the facility. If the wholesale value of
				  saleable merchandise, cash on hand, and the facility account is greater than
				  the value of the original inventory and cash provided the facility by the
				  division, the division will reimburse the licensee for the excess, less any
				  unpaid bills or other liabilities. If the wholesale value of saleable
				  merchandise, cash on hand, and the facility account is less than the value of
				  the original inventory and cash provided the facility by the division, the
				  licensee shall pay the division the balance plus any unpaid bills and other
				  liabilities.
(b) When a licensee
				  discontinues operation of a vending facility, the licensee and the division
				  shall conduct an inventory to ensure that the equipment, fixtures, and initial
				  inventory that the division provided are accounted for and in operable
				  condition.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.430 - Distribution and use of vending machine income

Current through May 31, 2024
(a) The net
				  proceeds from vending machines operated by private persons in state or federal
				  buildings for profit must be paid into the vocational rehabilitation small
				  business enterprise revolving fund on a quarterly basis. Income derived from
				  vending machines in federally owned or leased buildings will be held and
				  accounted for separately from any income from vending machines in state owned
				  or leased buildings and will be expended only to assist licensees on federal
				  property.
(b) If a vending machine
				  is in direct competition with a licensee in the same building, the net proceeds
				  from the machine accrue to the licensee in an amount not to exceed the lesser
				  of
(1) the average net income of all
				  licensees within the state, determined each federal fiscal year on the basis of
				  the prior federal fiscal year's operation; or
(2) an amount equal to the average net income
				  of all blind vending facility operators in the United States, determined on the
				  basis of the prior fiscal year's operation.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.440 - Income and set-aside fund

Current through May 31, 2024
(a) Except as
				  provided in (b) of this section the monthly net profit of a vending facility is
				  a licensee's monthly income under the vending facility program.
(b) The division will augment the income of a
				  licensee up to the state minimum wage when the licensee's income is below the
				  state minimum wage and
(1) the licensee has
				  been licensed six months or less; or
(2) the vending facility has been in
				  operation for six months or less.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.450 - Access to program and financial information

Current through May 31, 2024
The division will provide licensee access to all financial
					 data regarding the vending programs and will prepare an annual financial report
					 on the vending programs for distribution to licensees.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.455 - Active participation by vendors

Current through May 31, 2024
(a) The committee
				  of blind vendors consists of all blind persons in the vending facility program.
				  The committee of vendors with disabilities consists of all persons with severe
				  disabilities in the vending facility program who are not members of the
				  committee of blind vendors.
(b) The
				  division will conduct biennial elections of officers for the committee of blind
				  vendors and the committee of vendors with disabilities.
(c) The division will forward the following
				  items to each committee for its recommendations within 30 days after it
				  receives the item:
(1) proposed policies for
				  the transfer and promotion of licensees;
(2) proposed regulations affecting the
				  vending facility program;
(3)
				  proposed training and retraining programs; and
(4) potential sites for the establishment of
				  vending facilities.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.460 - Revocation of licenses

Current through May 31, 2024
(a) A license is issued for an indefinite
				  period of time but may be suspended or revoked by the division after affording
				  the licensee an opportunity for an administrative review and evidentiary
				  hearing under
				  8 AAC 98.470 and
				  8 AAC 98.480, respectively, for any of the following
				  reasons:
(1) in the case of facilities on
				  federal property, the licensee experiences an improvement of vision so that the
				  licensee is no longer blind, or, in the case of facilities operated on state
				  property, the licensee experiences an improvement in the disabling condition so
				  that the licensee is no longer blind or severely disabled;
(2) absences from the facility of more than
				  four days without approval from the division;
(3) extended illness (exceeding three months)
				  with a medical diagnosis of prolonged incapacity to operate the vending
				  facility in a manner consistent with the needs of the location, or other
				  available locations in the vending facility program; this period may be
				  extended by the director if adequate coverage of the facility can be
				  arranged;
(4) a request by the
				  management of the building in which the vending facility is located that the
				  operator be moved for failure to comply with applicable building
				  rules;
(5) operating the facility
				  in a manner that places the division's investment in the facility at risk,
				  including destruction or neglect of equipment, failure to follow fire and
				  safety standards, failure to pay wholesalers, failure to keep adequate stock on
				  hand, or carrying on illegal practices;
(6) failure to pay a government agency,
				  supplier, or creditor any taxes or other money due;
(7) refusal to cooperate with the division or
				  to abide by the terms of the written operating agreement;
(8) demonstrated incompetency in the
				  operation of a vending facility, including inadequate record keeping, failure
				  to keep the required hours on a consistent basis, failure to employ adequate
				  staff during absences, and failure to accept division management
				  oversight;
(9) submitting untimely,
				  inaccurate, or false reports on expenditures and income to the division;
				  or
(10) failure to comply with the
				  provisions of this chapter or with applicable health codes.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.470 - Administrative review

Current through May 31, 2024
An administrative review is the procedure through which a
					 licensee or his representative may seek review of an adverse division action
					 arising from the administration of the vending facility program. The following
					 procedures apply in the conduct of an administrative review:
(1) At the time of licensing, the division
				  will inform the licensee in writing of his right to seek administrative review
				  of adverse actions, and the procedures to be followed in obtaining an
				  administrative review.
(2) A
				  licensee or his designee must request an administrative review within 15
				  working days after the action by which he is aggrieved.
(3) A written request for an administrative
				  review, stating the issues to be resolved, must be submitted to the director of
				  the division.
(4) The division will
				  assign as review officer a member of its administrative staff who has not in
				  any way participated in the challenged agency action.
(5) The division will conduct the review
				  within 15 working days after it receives the written request of the licensee.
				  The division will hold the review in the division office nearest the licensee
				  during regular agency hours at a time convenient to the licensee.
(6) The division will provide transportation
				  and reader or other communication services to the vending facility operator
				  when necessary.
(7) A record of the
				  administrative review will be maintained for two years.
(8) When an administrative review does not
				  resolve a dispute to the satisfaction of the licensee, the licensee may request
				  an evidentiary hearing.
Authority:
AS
						23.15.020(c)
AS
						23.15.100(b)
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 2 - Business Enterprise Program › 8 AAC 98.480 - Evidentiary hearing

Current through May 31, 2024
(a) A licensee, or his designee, must request
				  an evidentiary hearing within 15 working days after any administrative review
				  decision he or she wishes to appeal.
(b) The following procedures apply to the
				  conduct of an evidentiary hearing:
(1) If a
				  licensee is denied a right or privilege, the division will issue a statement of
				  issues setting out the reasons for the denial.
(2) If a licensee's license is revoked or
				  suspended, or the licensee is otherwise disciplined, the division will issue an
				  accusation setting out the reasons for the action.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 3 - Confidentiality of Personal Information › 8 AAC 98.510 - Purpose

Current through May 31, 2024
The purposes of
					 8 AAC 98.510 -
					 8 AAC 98.550 are:
(1) to protect client privacy;
(2) to assure client access to personal
				  information maintained by the division; and
(3) to establish procedures governing access
				  to personal information, as required by
				  34 CFR
				  361.49 and
				  AS
				  23.15.190.
Authority:
AS
						23.15.020
AS
						23.15.100(b)
AS 23.15.120
AS
						23.15.190
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 3 - Confidentiality of Personal Information › 8 AAC 98.520 - Collection, use, and confidentiality of information

Current through May 31, 2024
(a) The division
				  will collect only personal information which is necessary for the
				  administration of the vocational rehabilitation program.
(b) The division will inform each client or,
				  as appropriate, the client's parent, guardian, or other representative of the
				  collection and use of personal information.
(c) All information collected by the division
				  is the property of the division.
(d) The division will maintain personal
				  information in the client case record for three years after the completion of
				  services. The case record will identify the source of any information, if
				  known, unless the source is the client.
(e) All personal information, including lists
				  of names and addresses and photographs, is confidential.
(f) Information provided under (b) of this
				  section will be in the language or other means of communication which the
				  client understands.
Authority:
AS
						23.15.020
AS
						23.15.100(b)
AS
						23.15.190
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 3 - Confidentiality of Personal Information › 8 AAC 98.530 - Release of information to client

Current through May 31, 2024
(a) Upon receiving
				  a signed written request of a client or, as appropriate, the client's parent,
				  guardian, or other representative, the division will release personal
				  information to the client or the parent, guardian, or other
				  representative.
(b) In the case of
				  medical or psychological information the knowledge of which the division
				  determines may be harmful to the client, the information will be released to a
				  parent, guardian, or other representative of the client or to a physician or
				  licensed psychologist who may release the information to the client.
(c) If the information requested was
				  originally obtained from another agency or professional, it will be released
				  only under conditions established by that agency or professional.
(d) If, during the course of a hearing, a
				  hearing officer determines that information sought by the client is relevant to
				  the issue under consideration he or she may order that information to be made
				  available to the client.
(e) The
				  division will respond to a request made under this section within 10 working
				  days after receipt of the request. The division will provide copies of any
				  document to the client or the client's parent, guardian, or other
				  representative at a cost of $.25 a page.
Authority:
AS
						23.15.020
AS
						23.15.100(b)
AS
						23.15.190
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 3 - Confidentiality of Personal Information › 8 AAC 98.540 - Release of information with client consent

Current through May 31, 2024
(a) The division
				  will release client information to a person other than the client or the
				  client's parent, guardian, or other representative, if
(1) release is for a purpose directly
				  connected with the administration of the vocational rehabilitation program
				  only; and
(2) the client or, as
				  appropriate, the client's parent, guardian, or other representative consents in
				  writing.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 3 - Confidentiality of Personal Information › 8 AAC 98.550 - Release of information without client consent

Current through May 31, 2024
(a) The division
				  will, in its discretion, release personal information without the consent of
				  the client for purposes directly related to the administration of the
				  vocational rehabilitation program, including
(1) release to any federal or state official
				  who has legal authority to audit or review activities of the
				  division;
(2) release to an
				  evaluation or research project;
(3)
				  release to the Social Security Administration for the purpose of making
				  eligibility determinations;
(4)
				  release to medical personnel in the event of a medical emergency;
(5) release to protect the client or others
				  if the division determines that the client is a threat to himself or
				  others;
(6) release to settle
				  complaints or other actions taken by the client against the division or its
				  staff; and
(7) release for referral
				  purposes if the division determines that release is otherwise necessary for the
				  administration of the vocational rehabilitation program.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 4 - Hearings and Appeals › 8 AAC 98.600 - Scope

Current through May 31, 2024
(a)8 AAC 98.600 -
				  8 AAC 98.630 govern an appeal by an applicant or
				  recipient of vocational rehabilitation services from a decision regarding
				  vocational rehabilitation services.
(b) The division will notify an applicant or
				  recipient or that individual's parent, guardian, or representative, in writing,
				  of appeal rights and procedures and of the client assistance program, at the
				  time of application and when a determination of ineligibility for services is
				  made. The notification will include information concerning
(1) the decision regarding ineligibility;
				  and
(2) the basis for, and
				  effective date of, that decision.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 4 - Hearings and Appeals › 8 AAC 98.610 - Procedures for administrative review

Current through May 31, 2024
(a) An applicant or
				  recipient, or that individual's parent, guardian, or representative, may
				  request an administrative review in accordance with
				  34 C.F.R.
				  361.48 and this section to express a
				  grievance and seek a remedy for dissatisfaction with services or decisions
				  concerning services of the division if
(1)
				  the division action causing the concern in question happened within the 30 days
				  before the request for the administrative review; and
(2) previous efforts to remedy the concern
				  have been unsatisfactory for the applicant or recipient.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 4 - Hearings and Appeals › 8 AAC 98.620 - Change to the individualized written rehabilitation program; procedures for expedited administrative review

Current through May 31, 2024
(a) The division
				  will notify a recipient or that individual's parent, guardian, or
				  representative, in writing, of the division's proposed change to the
				  individualized written rehabilitation program (IWRP) before the change is made.
				  A recipient who wishes to appeal a decision regarding a change in the IWRP, and
				  to continue any disputed services contained in the original IWRP, must, in
				  writing, request an expedited administrative review from the division before
				  the effective date of change of the service.
(b) Upon receipt of a request for an
				  expedited administrative review, the division will schedule the administrative
				  review and make a decision within 30 calendar days after the proposed effective
				  date of the change.
(c) Except as
				  provided in (e) of this section, the division will provide the disputed service
				  for up to 30 calendar days after the proposed effective date of the change,
				  through completion of the expedited review.
(d) In the case of a client in extended
				  evaluation status, the division will notify the client of the proposed change
				  40 days before the expiration of the 18-month limit to extended evaluation set
				  by 34 C.F.R.
				  361.34, in order to continue services during
				  the expedited review.
(e) A
				  disputed service will not be provided after the proposed effective date of the
				  change, during the expedited review, if
(1)
				  the service had been planned or authorized but had not commenced;
(2) medical or psychological information in
				  the case file indicates that the service is not appropriate; or
(3) the 18-month period of extended
				  evaluation has expired.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 4 - Hearings and Appeals › 8 AAC 98.630 - Procedures for fair hearing

Current through May 31, 2024
(a) The division
				  will provide a fair hearing in accordance with
				  34 C.F.R.
				  361.48 to an applicant or recipient who is
				  not satisfied with the decision of the administrative review.
(b) During the application process, the
				  division will notify the applicant or that individual's parent, guardian, or
				  other representative, in writing, of the right to a fair hearing and the
				  procedure for obtaining one.
(c) An
				  applicant or recipient, or that individual's parent, guardian, or other
				  representative, must request a fair hearing within 15 working days following
				  receipt of the written administrative review decision she or he wishes to
				  appeal. The request must be made in writing to the division director.
(d) The division director will
(1) schedule the fair hearing date within 15
				  days following the receipt of the request unless the division and aggrieved
				  applicant or recipient agree in writing to a later time;
(2) hold the hearing in the division office
				  nearest the aggrieved applicant or recipient during regular working
				  hours;
(3) assign as hearing
				  officer a person who has had no involvement with the division action which is
				  at issue or with the administrative review;
(4) advise the aggrieved applicant or
				  recipient of the client assistance program and of legal sources that are
				  available in the community;
(5)
				  provide appropriate communication methods for a sensory impaired individual or
				  an individual who does not understand the English language;
(6) provide the aggrieved applicant or
				  recipient with relevant information necessary to prepare the case.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 98 - Vocational Rehabilitation › Article 5 - Order of Selection for Vocational Rehabilitation Services › 8 AAC 98.700 - Order of selection for vocational rehabilitation services

Current through May 31, 2024
(a) Using the order
				  of selection set out in (b)(1) of this section, the division will select
				  eligible individuals to be provided vocational rehabilitation services, if the
				  director determines, based upon the projected availability of appropriations
				  and personnel resources, and for one or more of the following reasons, that
				  vocational rehabilitation services cannot be provided to all eligible
				  individuals with disabilities in the state who apply for those services:
(1) the division cannot adequately conduct
				  outreach to underserved populations;
(2) the division is unable to make
				  eligibility determinations in a timely manner;
(3) without creation of a wait list, the
				  division cannot assure the development and implementation in a timely manner of
				  individualized plans for employment for eligible individuals as required under
				  29 U.S.C.
				  721(a)(9) and
				  722(b), and as
				  provided for in the state plan for vocational rehabilitation services adopted
				  by reference in
				  8 AAC 98.010;
(4) without creation of a wait list, the
				  division cannot provide the full range of vocational rehabilitation services to
				  individuals eligible for those services.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 11 - Vocational Rehabilitation and Adult Basic Education › Chapter 99 - Alaska Adult Education and Diplomas Under Special Conditions › Article 1 - Adult Education Diplomas › 8 AAC 99.010 - Delegation of authority to issue diplomas in connection with adult education programs

Current through May 31, 2024
District school boards offering secondary education
					 programs for adults may issue certificates of completion or diplomas provided
					 the program standards for graduation meet those prescribed by the
					 commissioner.
Authority:
AS
						44.31.020