reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.18 - Payment For Services

Current through Register Vol. 42, No. 9, June 28, 2024
Children's Rehabilitation Service will withhold payment from
				any provider or person who has knowingly or willfully made or caused to be
				made, any false statement in application for payment under Title XVIII of the
				Social Security Act; or, who has submitted, or caused to be submitted, bills or
				requests for payment under Title XVIII of the Social Security Act in excess of
				customary charges; or who has furnished services or supplies substantially in
				excess of the needs of the client, or harmful, or of grossly inferior
				quality.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975,
§§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.19 - Operating Funds. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
,
				  21-9-1
				  through
				  21-9-13,
				  21-3-1
				  through
				  21-3-8 and
				  16-38-1
				  through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.01 - Hemophilia Program

Current through Register Vol. 42, No. 9, June 28, 2024
Established by legislative action to assist persons who require
				continuing treatment with blood, blood derivatives, or a manufactured
				pharmaceutical product to avoid crippling conditions, hospitalization or other
				effects associated with hemophilia. Pursuant to
Code of Ala.
				1975
, §
								21-8-3 through §
								21-8-5 the Department of Rehabilitation Services shall administer the hemophilia
				treatment program.
Author:
Alabama Board of Rehabilitation Services
				  Statutory
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.02 - Program Administration

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Administrator
. The Director of Children's
			 Rehabilitation Service (CRS) is the administrator of the statewide Hemophilia
			 Program for children and adults.
(2)
Hemophilia Advisory
			 Committee
. Pursuant to
Code of Ala. 1975
,
			 §
								21-8-4 the Commissioner of the Alabama Department of Rehabilitation Services shall
			 appoint not more than twelve members to said committee to advise in the
			 development and expansion of the Hemophilia Program.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.03 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
Legal residents of the State of Alabama who have the diagnosis
				of hemophilia and other related diseases are eligible for the Hemophilia
				Program regardless of age. For application forms and additional information,
				the applicant may contact the nearest CRS office.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.04 - Referral

Current through Register Vol. 42, No. 9, June 28, 2024
An oral or written referral may be received from a family, a
				physician, an agency, an interested individual or directly from a potential
				client and may be directed to any CRS office.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.05 - Enrollment

Current through Register Vol. 42, No. 9, June 28, 2024
CRS staff meet with clients/families during enrollment to
				obtain medical and social history information, complete a needs assessment to
				develop a Plan of Care (POC), obtain written consent, determine the family's
				financial resources and determine the need for referral to other agencies.
				Clients may be enrolled in any CRS Office regardless of where the family
				resides in the State of Alabama.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.06 - Family Application For Additional Resources

Current through Register Vol. 42, No. 9, June 28, 2024
Clients/families are required to apply for other appropriate
				resources such as insurance and patient assistance programs which may be
				available to them.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.08 - Third Party Resources

Current through Register Vol. 42, No. 9, June 28, 2024
Third party resources such as insurance and/or patient
				assistance programs, etc., available to a client are utilized prior to CRS
				making an expenditure.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.09 - Client Records

Current through Register Vol. 42, No. 9, June 28, 2024
Client records are maintained through accurate documentation of
				services provided to clients and families.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.10 - Requests For Client Information

Current through Register Vol. 42, No. 9, June 28, 2024
Client information is requested when needed for evaluation or
				for continuation of care.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.11 - Authorization For Service

Current through Register Vol. 42, No. 9, June 28, 2024
Payment of services must be authorized by CRS prior to the
				provision of specified services.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.12 - Physician/Dentist Enrollment

Current through Register Vol. 42, No. 9, June 28, 2024
Payment of services must be authorized by CRS prior to the
				provision of specified services.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.13 - Resident Physicians

Current through Register Vol. 42, No. 9, June 28, 2024
Physicians-in-training must work under the direct supervision
				of a CRS vendor physician in CRS clinics making recommendations and/or issuing
				orders only with the approval of the CRS vendor physician.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.14 - Payment For Services

Current through Register Vol. 42, No. 9, June 28, 2024
CRS will withhold payment from any provider or person who has
				knowingly or willfully made or caused to be made, any false statement in
				application for payment under Title XVIII of the Social Security Act; or, who
				has submitted, or caused to be submitted, bills or requests for payment under
				Title XVIII of the Social Security Act in excess of customary charges; or who
				has furnished services or supplies substantially in excess of the needs of the
				client, or harmful, or of grossly inferior quality.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-5-1 - HEMOPHILIA PROGRAM › Section 795-5-1-.15 - Operating Funds. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-8-1 through
				  21-8-5 and
				  21-9-1 through
				  21-9-13.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.01 - General Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 service program that provides employment related services for individuals who
			 have disabilities that present a substantial impediment to
			 employment.
(2) Eligibility for
			 rehabilitation services is determined without regard to sex, race, creed, age,
			 color, national origin, or type of disability.
(3) There is no duration of residence
			 requirement, which would exclude from services an otherwise eligible individual
			 who is presently living in the State.
(4) When appropriate, counselors shall
			 provide the referral necessary to assist persons with disabilities in securing
			 needed services from other agencies and organizations.
(5) The counselor must document in the record
			 of services a rationale for any decision to provide, alter, or deny
			 services.
(6) It is the policy of
			 Adult Vocational Rehabilitation Services that all programs, projects and
			 activities shall be carried out in a manner consistent with the principles of
			 respect for individual dignity, personal responsibility, self- determination,
			 and pursuit of meaningful careers, based on informed choice.
(7) An individual with a disability shall be
			 presumed to benefit in terms of an employment outcome from vocational
			 rehabilitation services unless there is clear and convincing evidence that
			 demonstrates otherwise.
(8) The
			 State Agency shall have on its staff, or arrange to have available, individuals
			 able to communicate with applicants who have special communication needs.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.02 - Record Of Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Adult Vocational Rehabilitation Services will establish and maintain a record
			 of services for each applicant and/or eligible individual of vocational
			 rehabilitation services.
(2) The
			 program will maintain a record of services for each applicant and/or eligible
			 individual that contains at a minimum all items of documentation required by
			 federal law and/or regulations, any information submitted to the Department by
			 the applicant or eligible individual and all documentation produced to support
			 any decision regarding services made by the Department.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.03 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applicant is an
			 individual who has completed and signed an agency application form or has
			 otherwise requested services, has provided information necessary to initiate an
			 assessment to determine eligibility and priority for services, and is available
			 to complete the assessment process.
(2) Application forms shall be available to
			 the public at all ADRS offices.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.04 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
An individual is eligible to become a client of vocational
				rehabilitation services if the individual:
(a) Has a physical or mental impairment which
			 for such individual constitutes or results in a substantial impediment to
			 employment; and
(b) Can benefit in
			 terms of an employment outcome from vocational rehabilitation services;
			 and
(c) Requires vocational
			 rehabilitation services to prepare for, secure, retain or regain employment.
Author:
Alabama Board of Rehabilitation
				Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.05 - Methods And Timeframe For Determining Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The counselor shall conduct an assessment
			 for the purpose of determining eligibility and priority of services. The
			 assessment must be conducted in the most integrated setting possible,
			 consistent with the applicant's needs and informed choice. The counselor must
			 determine eligibility within a reasonable period of time, not to exceed 60 days
			 after the individual has submitted an application to receive services unless:
(a) The counselor notifies the applicant that
			 exceptional and unforeseen circumstances beyond the control of the counselor
			 preclude the counselor from completing the determination within the prescribed
			 time and the applicant agrees that an extension of time is warranted,
			 or
(b) The Department is exploring
			 an applicant's abilities, capabilities, and capacity to perform in work
			 situations and the applicant agrees that an extension of time is
			 warranted.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.06 - Individualized Plan For Employment (IPE)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As soon as possible after a determination
			 has been made that an applicant is eligible for vocational rehabilitation
			 services, the rehabilitation counselor must complete an assessment for
			 determining vocational rehabilitation needs, if appropriate, and an
			 Individualized Plan for Employment (IPE) must be developed and implemented.
			 Vocational rehabilitation services are provided in accordance with the
			 IPE.
(2) In order to develop the
			 Individualized Plan for Employment, the rehabilitation counselor must provide
			 the following information to each eligible individual in writing:
(a) Information on the available options for
			 developing the IPE including the option that an eligible individual or, as
			 appropriate, the eligible individual's representative may develop all or part
			 of the IPE:
1. Without assistance from ADRS or
			 with assistance from:
(i) A qualified
			 vocational rehabilitation counselor employed by ADRS;
(ii) A qualified vocational rehabilitation
			 counselor who is not employed by ADRS; or
(iii) Other resources outside of
			 ADRS.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.07 - Services

Current through Register Vol. 42, No. 9, June 28, 2024
Vocational rehabilitation services will be provided, as
				appropriate, to meet the vocational rehabilitation needs of each eligible
				individual as part of the diagnostic process or in accordance with the
				Individualized Plan for Employment (IPE). Vocational rehabilitation services
				provided under this Rehabilitation Act are any goods or services necessary to
				render an eligible individual employable, including:
(a) An assessment for determining eligibility
			 and vocational rehabilitation needs by qualified personnel, including, if
			 appropriate, an assessment by personnel skilled in rehabilitation
			 technology;
(b) Counseling and
			 guidance, including information and support services to assist an eligible
			 individual in exercising informed choice;
(c) Referral and other services to secure
			 needed services from other agencies through agreements if such services are not
			 available from ADRS;
(d)
			 Job-related services, including job search and placement assistance, job
			 retention services, follow-up services, and follow-along services;
(e) Vocational and other training services,
			 including the provision of personal and vocational adjustment services, books,
			 tools, and other training materials, except that no training services provided
			 at an institution of higher education shall be paid for with funds from ADRS
			 unless maximum efforts have been made by ADRS and the eligible individual to
			 secure grant assistance, in whole or in part, from other sources to pay for
			 such training;
(f) To the extent
			 that financial support is not readily available from a source other than ADRS,
			 diagnosis and treatment of physical and mental impairments, including:
1. Corrective surgery or therapeutic
			 treatment necessary to correct or substantially modify a physical or mental
			 condition that constitutes a substantial impediment to employment, but is of
			 such a nature that such correction or modification may reasonably be expected
			 to eliminate or reduce such impediment to employment within a reasonable length
			 of time;
2. Necessary
			 hospitalization in connection with surgery or treatment;
3. Prosthetic and orthotic devices;
4. Eyeglasses and visual services as
			 prescribed by qualified personnel who meet State licensure laws and who are
			 selected by the eligible individual;
5. Diagnosis and treatment for mental and
			 emotional disorders by personnel who meet State licensure laws;
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.08 - Financial Accountability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Only those funds consistent with the rehabilitation needs of the eligible
			 individual shall be expended.
(2)
			 Each eligible individual's financial situation will be reviewed to determine
			 the extent of his/her participation in the cost of certain vocational
			 rehabilitation services. Eligibility for services subject to financial need is
			 based on the eligible individual's household income being at or below 200% of
			 federal poverty guidelines as published in the Federal Register by the United
			 States Department of Health and Human Services. Household income will be
			 determined from a copy of the most recent U.S. Individual Income Tax Return or
			 other documentation that indicates the eligible individual's Taxable Income as
			 filed with the federal Internal Revenue Service as documentation for a
			 counselor to determine the financial need of the individual and the
			 participation in the cost of certain vocational rehabilitation services by the
			 eligible individual. Financial need for individuals under 23 years of age will
			 be based on the income of their mother and father. In order for the financial
			 status of individuals under 23 years of age to be considered as an independent
			 household one of the following criteria must be true:
(a) Be married and living in an independent
			 household; or
(b) Have dependents
			 who receive more than half of their support from the eligible individual;
			 or
(c) A veteran of the U. S. Armed
			 Forces; or
(d) An orphan or was
			 (until age 18) a ward/dependent of the court.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-6-1 - ADULT VOCATIONAL REHABILITATION SERVICES › Section 795-6-1-.09 - Case Closure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
			 eligible individual's case shall be closed when it has been determined that, as
			 appropriate, planned services are completed and/or additional vocational
			 rehabilitation services are either unnecessary or inappropriate.
(2) An eligible individual is determined to
			 have achieved an employment outcome if the following requirements are met:
(a) Provisions of services in the eligible
			 individual's IPE have contributed to the achievement of the employment
			 outcome.
(b) The employment outcome
			 is consistent with the eligible individual's strengths, resources, priorities,
			 concerns, abilities, capabilities, interests, and informed choice.
(c) The employment outcome is in the most
			 integrated setting possible, consistent with the eligible individual's informed
			 choice.
(d) The eligible individual
			 has maintained the employment outcome for a period of at least 90
			 days.
(e) At the end of this period
			 the eligible individual and the rehabilitation counselor or coordinator
			 consider the employment outcome to be satisfactory and agree the eligible
			 individual is performing well on the job.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-1 - GENERAL RULES › Section 795-7-1-.01 - Necessity And Function

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Alabama Department of Rehabilitation Services, Division of Adult Vocational
			 Rehabilitation Service, is responsible for administering the Business
			 Enterprise Program (BEP) for blind vendors in accordance with the
			 Randolph-Sheppard Act of 1936, as amended, the Rehabilitation Act of 1973, as
			 amended, and applicable state law. The department is empowered to comply with
			 any requirement that may be imposed by federal law.
(2) The department shall ensure that there
			 shall be no discrimination against any applicant for, or recipient of, aid,
			 benefits, or services, or any employee or any other persons on the basis of
			 race, color, religion, sex, age, or national origin, including but not limited
			 to discrimination prohibited by Title VII of the Civil Rights Act of 1964, as
			 amended, and any applicable state or federal regulations.
Authors:
Alabama Board of Rehabilitation Services,
				Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  §107 et. seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-2 - LICENSE › Section 795-7-2-.01 - Licensing Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 SLA shall issue licenses to blind persons who are in need of employment and who
			 are determined to be:
(a) legally blind as
			 defined in applicable federal regulations; and
(b) a citizen of the United States;
			 and
(c) a domiciled resident of the
			 state of Alabama; and
(d) at least
			 the age of majority, as determined by Alabama law; and
(e) qualified to manage a BEP vending
			 facility as evidenced by having successfully completed entry-level training at
			 E. H. Gentry Facility or an equivalent level of training approved by the
			 SLA.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-2 - LICENSE › Section 795-7-2-.02 - Licensee List

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The SLA
			 shall have the responsibility for maintaining a current licensee list and shall
			 provide a copy to the secretary of the Elected Committee of Blind
			 Vendors.
(2) The list shall contain
			 the names of all active licensees.
(3) The SLA shall rank all licensees on the
			 licensee list. Each licensee shall be ranked by his or her initial training
			 completion date. If two or more licensees have the same training completion
			 date, the final exam score achieved in training shall be used for ranking
			 purposes. Should a tie exist after using the licensees training completion date
			 and final exam score a flip of a coin shall be the method utilized to break a
			 tie for selection purposes.
Authors:
Alabama Board of Rehabilitation Services,
				Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975,
§§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et. seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-2 - LICENSE › Section 795-7-2-.03 - Probation

Current through Register Vol. 42, No. 9, June 28, 2024
A probationary period is established to provide vendors the
				opportunity to gain knowledge and experience related to facility operations.
				Each vendor shall serve a probationary period of 180 days for each facility
				from the first business day of his/her assignment to a permanent BEP
				facility.
Authors:
Alabama Board of Rehabilitation
				  Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et.
				  seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-2 - LICENSE › Section 795-7-2-.04 - Removal From A BEP Facility, Suspension, Or Termination Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The SLA shall
			 issue licenses for an indefinite period. Licensees, temporary operators, and
			 vendors are subject to removal, suspension, or termination. Suspension or
			 termination of a license shall occur only after affording the vendor an
			 opportunity for a full evidentiary hearing. If the vendor is dissatisfied with
			 the full evidentiary hearing decision, he/she may request that a federal
			 arbitration panel be convened by filing a complaint with the Secretary of the
			 United States Department of Education. Removal, suspension, or termination may
			 occur should the SLA find that the vending facility of a licensee, temporary
			 operator, or vendor is not operated in accordance with:
(a) licensing requirements,
(b) the rules and regulations governing the
			 program,
(c) federal regulations
			 governing the program,
(d) the
			 terms and conditions of the permit,
(e) the terms and conditions of the operating
			 agreement,
(f) state law, the
			 violation of which may result in physical harm to customers of the facility,
			 the department, or the vendor;
(g)
			 regulations of other state of Alabama and federal agencies that have regulatory
			 authority directly related to the operation of a BEP facility; and
(h) rules prohibiting the use of alcoholic
			 beverages or illegal drugs while on duty.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-2 - LICENSE › Section 795-7-2-.05 - Reinstatement Process

Current through Register Vol. 42, No. 9, June 28, 2024
Individuals, other than those displaced at no fault of their
				own, seeking reinstatement with BEP, must complete in order the following
				steps:
(a) Individuals who seek
			 reinstatement as a permanent vendor in good standing with the full rights and
			 privileges thereof to include the bidding on a permanent facility shall repay
			 all financial obligations and file all appropriate reports due BEP.
(b) Individuals unable to repay their
			 outstanding debt due BEP who were not removed for General Rules violations may
			 seek reinstatement to perform a temporary assignment. The seniority review
			 committee will evaluate reinstatement requests of this type on an individual
			 basis and submit their written recommendations to the BEP director. The BEP
			 director and the assistant commissioner will make the final determination.
(c) Complete a face-to-face
			 interview with the BEP director and the assistant commissioner for BEP, and
			 complete an individualized reinstatement plan that may include a consultation
			 with the E.H. Gentry training specialist and the completion of an
			 individualized training program at the E.H. Gentry Facility as required after
			 an evaluation of skills.
(d)
			 Seniority for a reinstated vendor shall begin on the first business day of
			 their first permanent BEP facility assignment after reinstatement. Any
			 seniority accruing to the vendor prior to reinstatement shall be
			 lost.
Authors:
Alabama Board of Rehabilitation
				  Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et.
				  seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-3 - ESTABLISHMENT OF VENDING FACILITIES › Section 795-7-3-.01 - Establishment Of Vending Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The establishment or expansion of all BEP
			 vending facilities will be contingent upon the completion of a survey to
			 determine if the potential gross sales to be derived are sufficient to justify
			 SLA expenditures related to facility development or improvement. This survey
			 will be based on available information and shall not provide a guarantee of any
			 particular income estimate. However, projected net income should be no less
			 than the monetary amount designated by the Social Security Administration's
			 definition of Substantial Gainful Activity. A vending facility may comprise one
			 or more physical locations and may be assigned to one facility
			 number.
(2) When considering the
			 establishment or expansion of any vending facility, the SLA, at its option, can
			 execute a lease and/or other rental agreements that may include a charge to be
			 paid by the prospective vendor. In such cases, it shall be the responsibility
			 of the vendor to pay the rent and/or other assessments. If a utility or other
			 operating expense is levied against a vending facility, it shall be the
			 responsibility of the vendor to pay any such charges directly to the
			 grantor.
(3) The SLA shall assign
			 each established facility to one of seven classifications prior to announcing
			 the facility's availability as set forth in
			 795-7-3-.04.
Authors:
Alabama Board of Rehabilitation
				  Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et.
				  seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-3 - ESTABLISHMENT OF VENDING FACILITIES › Section 795-7-3-.02 - Establishment of an Add-On Site

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A prospective vending location or an
			 existing location with established monthly net proceeds of less than
			 Substantial Gainful Activity (SGA), as defined in Social Security regulations,
			 may be considered an add-on site. A survey shall be completed to determine the
			 potential or experienced monthly net proceeds of such locations and the SLA's
			 costs of development.
(2) Priority
			 for add-on sites will be extended to vendors who operate a vending facility in
			 the same BEP region where the add-on-site is located. Add-on sites will be
			 first offered to a vendor whose vending facility has the lowest average monthly
			 gross sales for the preceding 12 months and has maintained no less than 85
			 points on their most recent performance appraisal. In addition, the vendor must
			 have scored a minimum of 3 point on Rating (A): Timely Submission of Monthly
			 Reports under Responsibilities and Performance Goals on their Annual Vendor
			 Performance Appraisal. Said vendor shall be current in his/her set-aside and
			 escrow fund payments and in good standing with BEP.
(3) A vendor offered an add-on site shall
			 either accept or decline the offer within five days of receipt of written
			 notice. Failure to respond within the prescribed time frame shall be considered
			 a forfeiture of the add-on site. If he/she declines the add-on site, it will be
			 offered to the next qualifying vendor.
Authors:
Alabama Board of Rehabilitation
				  Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et.
				  seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-3 - ESTABLISHMENT OF VENDING FACILITIES › Section 795-7-3-.03 - Establishment Of A Vendor-Recruited Site

Current through Register Vol. 42, No. 9, June 28, 2024
Apermanently assigned vendor may actively seek new locations
				for his/her facility. The prospective location shall not be federal or state
				property; such locations are reserved for assignment as per the General Rules.
				Additionally, a vendor-recruited add-on site must be in the same BEP region
				where the recruiting vendor operates and a BEP representative site survey shall
				be completed to determine the potential monthly net proceeds of such locations
				and the SLA's costs of development. The SLA shall maintain final approval
				and/or disapproval of all such vendor-recruited locations. All such locations
				developed and approved in this manner shall become a permanent part of the
				overall assigned facility and is not transferable. Vendors desiring to seek and
				obtain new add-on locations must be current in their set-aside and escrow
				payments, must be in good standing with BEP, and must have maintained no less
				than 85 on their most recent performance appraisal. A vendor-recruited site by
				a vendor that does not meet all of the above criteria will be offered to other
				vendors pursuant to the General Rules.
Authors:
Alabama Board of Rehabilitation
				  Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et.
				  seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-3 - ESTABLISHMENT OF VENDING FACILITIES › Section 795-7-3-.04 - Temporary Assignments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If
			 circumstances require, the SLA may place a facility under temporary management.
			 A BEP representative shall select the person assigned to a facility on a
			 temporary basis. Temporary assignments shall be selected from the following
			 order:
(a) displaced vendors,
(b) temporarily displaced vendors,
(c) licensed vendors who have suffered a 25%
			 loss of average gross income as reported in the previous year due to no fault
			 of their own,
(d) licensees, or
(e) others. Individuals selected
			 for temporary assignments shall be in good standing with BEP. As a last resort,
			 a BEP representative may secure approval from the SLA to place someone who is
			 not a vendor or licensee in the temporary assignment. All sales, expenses, and
			 income records derived from a temporary assignment shall be maintained and
			 reported separately from those incurred in a vendor's permanent
			 facility.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-3 - ESTABLISHMENT OF VENDING FACILITIES › Section 795-7-3-.05 - Classification Of Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Vending Machine Facility - A facility that derives its primary gross sales from
			 vending machines located in a building, group of buildings, or multiple
			 floors.
(2) Vending Machine Route -
			 A facility that derives its primary gross sales from machines located in
			 various locations combined to constitute a route.
(3) Highway Vending - A facility that derives
			 its primary gross sales from vending machines located at one or more state of
			 Alabama highway rest areas or welcome centers.
(4) Limited Food Preparation Facility - A
			 facility that derives its primary gross sales from over-the-counter merchandise
			 and excludes prepared hot items other than coffee or other beverages.
(5) Snack Bar Facility - A facility that
			 derives its primary gross sales from over-the-counter merchandise of beverages
			 and prepared hot and cold food items.
(6) Cafeteria Facility - A facility that
			 derives its primary gross sales from dispensing a broad variety of prepared
			 foods and beverages (including hot meals) primarily through the use of a line
			 where customers are served from displayed selections. A cafeteria may be fully
			 automated or may have limited table service. Table or booth seating is always
			 provided.
(7) Other Facilities - A
			 facility that derives its primary gross sales from activities not defined in
			 classifications (1) through (6).
Authors:
Alabama Board of Rehabilitation Services,
				Alabama Elected Committee of Blind Vendors
Rule was previously
				  795-7-3-.04 and renumbered to 795-7-3-.05 as per certification filed June 9, 2006;
				  effective July 14, 2006.
Statutory Authority:
Code of Ala.
				  1975,
§§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et. seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-4 - ASSIGNMENT OF VENDORS › Section 795-7-4-.01 - Selection Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Individuals will be selected to operate a facility from those who are licensed
			 on or before the closing date of applications as determined by the facility
			 announcement.
(2) Applications will
			 not be considered for individuals who at the time of the closing date on the
			 Facility Announcement are:
(a) not in
			 compliance with any rule or regulation of BEP;
(b) on probationary status having actively
			 operated his/her permanent facility for a period of less than 180
			 days;
(c) delinquent in payments to
			 the SLA, set-aside and/or escrow fund;
(d) delinquent in filing a timely and
			 complete application with the SLA;
(e) delinquent in filing timely and complete
			 BEP-1E financial reports with the SLA;
(f) vendors not current with payments for
			 liability insurance coverage; or
(g) who average less than 75 percent on
			 his/her performance appraisal or averages less than 75 percent on his/her total
			 average for the two most recent performance appraisals used in the selection
			 process.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-4 - ASSIGNMENT OF VENDORS › Section 795-7-4-.02 - Facility Announcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Facility announcements shall be sent to all licensees and vendors within the
			 state and shall contain the following pertinent information:
(a) closing date by which time all
			 applications shall be received by the SLA
(b) training requirements
(c) approximate and/or estimated annual gross
			 sales
(d) classification of
			 facility
(e) days and hours of
			 operation
(f) available
			 storage
(g) location (city,
			 suburban, rural)
(h) general market
			 information
(i) any additional
			 requirements for facilities classified as "Other"
(j) overhead expenditures required of the
			 vendor
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-5 - TRAINING › Section 795-7-5-.01 - Training

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All prospective
			 vendors will participate in an evaluation and successfully complete the
			 Business Enterprise Training Program conducted by the E.H. Gentry Facility as a
			 condition to qualify for a license.
(2) The SLA will, from time to time, provide
			 post-licensing training that may include further education, additional
			 training, or retraining for improved work opportunities as appropriate. A
			 vendor will be responsible for securing a temporary assistant(s) including the
			 payment thereof, if necessary, in order to receive post-licensing training. In
			 any event, a BEP facility will remain the responsibility of the
			 vendor.
(3) The rehabilitation
			 counselor, in conjunction with his/her supervisor, may approve post-employment
			 services. A leave of absence from a vending facility may be granted for
			 approved post-employment services. A vendor may discontinue post-employment
			 services and return to his/her facility. A vendor will be responsible for
			 securing a temporary assistant(s) including the payment thereof, if necessary,
			 in order to receive post-employment services. In any event, a BEP facility will
			 remain the responsibility of the vendor.
Authors:
Alabama Board of Rehabilitation
				  Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S. C.
				  107 et.
				  seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-5 - TRAINING › Section 795-7-5-.02 - Retraining For Vendors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) BEP
			 shall provide specially designed skill enhancement courses for vendors who
			 request retraining in a specific area that is related to their present facility
			 or which relates to training previously experienced. Retraining shall be
			 conducted on-site whenever possible.
(2) If the BEP representative identifies a
			 specific area in which the vendor has a significant deficiency and is unable to
			 correct the deficiency, the BEP representative shall recommend to the vendor
			 skill-enhancement training. Referrals for such training shall be made to the
			 BEP director for resolution. Every effort will be taken to resolve problems
			 on-site.
Authors:
Alabama Board of Rehabilitation Services,
				Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et. seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-6 - VENDING FACILITIES › Section 795-7-6-.01 - Facility Equipment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 SLA shall provide adequate equipment for the use of a vendor. Such equipment
			 shall remain the property of the SLA. Ownership of equipment, other than that
			 provided by the SLA, shall not be vested in the SLA.
(2) No alteration, change, or removal of
			 equipment shall be made without prior approval of the SLA.
(3) The vendor shall report immediately to
			 the SLA and appropriate law enforcement personnel any incident of theft, or
			 defacement of equipment.
(4) A
			 vendor who desires to lease equipment necessary and desirable for the operation
			 of his/her vending facility may do so provided the SLA approves the lease. When
			 a vendor desires to lease equipment, a proposal shall be submitted to the
			 vendor's BEP representative and the BEP director. During the term of such
			 lease, the vendor is under no obligation to accept equipment for a similar
			 purpose that may be provided by the SLA. In no event shall the SLA be held
			 liable for the vendor's obligation under the terms of any lease or for any
			 repairs associated with the leased equipment. The vendor's obligations to any
			 lessor shall remain in effect without regard to removal or reassignment for any
			 reason. For purposes of determining the amount of the vendor's set-aside
			 assessment, the proceeds derived from sales of merchandise from leased
			 equipment shall be regarded as income to the facility. All expenses for leasing
			 of equipment shall be deductible as a business expense from the gross income of
			 the facility.
(5) Vendors may
			 purchase and own equipment for his or her facility only with the prior approval
			 of the SLA. All sales and income generated from vendor-owned equipment shall be
			 reported on the "Facility Monthly Sales & Escrow Report" (BEP 1-E). The
			 maintenance and repair of SLA approved, vendor-owned equipment shall be
			 provided in the same manner as equipment owned by the SLA. The SLA shall
			 determine the feasibility of continued maintenance and repair of vendor-owned
			 equipment. The SLA shall also determine the continued use and placement of
			 vendor-owned equipment within the facility. The SLA or vendor may provide for
			 replacement equipment.
Authors:
Alabama Board of Rehabilitation
				  Services, Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et.
				  seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-6 - VENDING FACILITIES › Section 795-7-6-.02 - Maintenance, Repair, And Replacement

Current through Register Vol. 42, No. 9, June 28, 2024
The SLA shall maintain, or cause to be maintained, in good
				repair and in an attractive condition all facility equipment. The SLA shall
				replace, or cause to be replaced, worn-out or obsolete equipment as required to
				ensure a successful facility operation. Where used equipment is furnished to
				replace nonfunctioning, worn-out or obsolete equipment, the SLA shall ensure
				that it is in good working order and shall make any necessary repairs prior to
				installing such equipment.
Authors:
Alabama Board of Rehabilitation Services,
				Alabama Elected Committee of Blind Vendors
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et. seq.