reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.01 - Vocational Rehabilitation Services › Section 13A.11.01.14 - Closure of the Record of Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The decision to close a record of services of an applicant or eligible individual shall be made only after full consultation with the individual or, as appropriate, the individual and the individual's representative, or after giving an opportunity for this consultation, except when the individual is no longer present in the State, or cannot be located. The views of the eligible individual or, as appropriate, the individual and the individual's representative shall be recorded in the record of services.
B. Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative written notice of the:
(1) Reasons for the decision;
(2) Individual's rights and means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for an appeal hearing under COMAR 13A.11.07; and
(3) Availability and access to the resources within the Client Assistance Program.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.01 - Vocational Rehabilitation Services › Section 13A.11.01.15 - Financial Participation Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
Annual Amount of Individual/Family Financial Participation
Available Income
1
2
3
4
5
6
7
8
$24,000 and below
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
$24,001-$28,000
228
0
0
0
0
0
0
0
$28,001-$32,000
375
263
0
0
0
0
0
0
$32,001-$36,000
553
425
0
0
0
0
0
0
$36,001-$40,000
760
616
333
0
0
0
0
0
$40,001-$44,000
998
840
525
0
0
0
0
0
$44,001-$48,000
1,265
1,093
748
345
0
0
0
0
$48,001-$52,000
1,563
1,375
1,000
625
0
0
0
0
$52,001-$56,000
1,890
1,688
1,283
878
473
0
0
0
$56,001-$60,000
2,248
2,030
1,595
1,160
725
0
0
0
$60,001-$64,000
2,635
2,403
1,938
1,473
1,008
543
0
0
$64,001-$68,000
3,053
2,805
2,310
1,815
1,320
825
0
0
$68,001-$72,000
3,500
3,238
2,713
2,188
1,663
1,138
0
0
$72,001-$76,000
3,978
3,700
3,145
2,590
2,035
1,480
648
0
$76,001-$80,000
4,485
4,193
3,608
3,023
2,438
1,853
975
0
$80,001-$84,000
5,023
4,715
4,100
3,485
2,870
2,255
1,333
718
$84,001-$88,000
5,590
5,268
4,623
3,978
3,333
2,688
1,720
1,075
$87,001+ *
6.5%
6.125%
5.375%
4.625%
3.875%
3.125%
2%
1.25%
* To determine amount of individual/family participation when the available income is above $88,000, multiply the individual/family income times the percentage. The Financial Participation Scale is based on 2014 Poverty Guidelines of the U.S. Department of Health and Human Services.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.01 - Vocational Rehabilitation Services › Section 13A.11.01.16 - Payment for Rehabilitation Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Preauthorization of Providers.
(1) The Division may pay a provider only if the provider has been preauthorized by the Division.
(2) Individual providers who are subject to State licensure or certification shall provide evidence of a current, valid license or certification, except in the area of specialized tutoring services for which a provider may present alternate qualifications as specified by the Division.
(3) Institutions of post-secondary education shall provide evidence of current, valid accreditation by an appropriate state or national accrediting organization.
(4) Private career schools shall provide evidence of a current, valid certificate of approval by the Maryland Higher Education Commission or, in the case of out-of-State private schools, by that state's equivalent certification entity.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.01 - Vocational Rehabilitation Services › Section 13A.11.01.17 - Payment for Goods

Current through Register Vol. 51, No. 14, July 12, 2024
A. Payment Procedures.
(1) Preauthorization.
(a) Payment may be made only for goods that have been preauthorized and approved by the Division through a signed purchase order or by use of the Division's purchasing card.
(b) A provider shall be licensed or certified consistent with Regulation .16A(2) of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.02 - Maryland Disability Employment Tax Credit › Section 13A.11.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations implement Education Article, §
									21-309, Annotated Code of Maryland, which establishes a tax credit for businesses which employ individuals with disabilities.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.02 - Maryland Disability Employment Tax Credit › Section 13A.11.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Business entity" means:
(a) A person conducting or operating a trade or business in Maryland; or
(b) An organization operating in Maryland that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.02 - Maryland Disability Employment Tax Credit › Section 13A.11.02.03 - Certification Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuance of Vouchers-Potential Eligibility for Tax Credit.
(1) Individuals who are served by the Division, the Department of Veterans Affairs, or deemed agencies shall apply to those agencies for a tax credit voucher. The Division, the Department of Veterans Affairs, or the deemed agency shall issue a voucher to individuals meeting the definition of qualified employee with a disability under Regulation .02B of this chapter.
(2) Individuals not served by the Division, the Department of Veterans Affairs, or deemed agencies shall apply to a local Division of Rehabilitation Services office and provide supporting documentation that they meet the definition of individual with a disability as defined under Regulation .02B(6) of this chapter. The Division shall issue a voucher to individuals meeting the definition of qualified employee with a disability.
(3) The individual may take the voucher on interviews for employment and present it to the potential employer.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.02 - Maryland Disability Employment Tax Credit › Section 13A.11.02.04 - Amount of Credit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Wages.
(1) For individuals hired before July 1, 2000, for the first and second years of employment of a qualified employee with a disability, the credit is 20 percent of up to the first $6,000 of wages paid to that employee.
(2) For individuals hired on or after July 1, 2000, the credit is 30 percent of up to the first $6,000 of wages paid to the qualified employee with a disability for the first year of employment. For the second year of employment, the credit is 20 percent of up to the first $6,000 of wages paid to the qualified employee with a disability.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.02 - Maryland Disability Employment Tax Credit › Section 13A.11.02.05 - Calculation and Carryover of Credit

Current through Register Vol. 51, No. 14, July 12, 2024
The calculation and carryover of the credit is governed by regulations promulgated by the Comptroller, the Department of Assessments and Taxation, and the Insurance Commissioner.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.02 - Maryland Disability Employment Tax Credit › Section 13A.11.02.06 - Limitations on Claim of Credit by Employers

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland disability employment tax credit shall be applicable to all taxable years beginning after December 31, 1996.
B. An employer may claim the credit only for employees hired on or after October 1, 1997.
C. A business entity may not claim the credit for an employee:
(1) Who is hired to replace a laid-off employee or to replace an employee who is on strike; or
(2) For whom the business entity simultaneously receives federal or State employment training benefits.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter implements the Rehabilitation Act of 1973, as amended, 34 CFR 76, 77, and 365, and Education Article, §§
									21-301 -21-303, Annotated Code of Maryland, which establish a program of rehabilitation services to assist transitioning students, consistent with Regulation .03A of this chapter, and adults with significant disabilities to function independently.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Applicant" means an individual who has:
(a) Requested independent living services provided by the Division;
(b) Completed and signed the Division's application form or provided equivalent information; and
(c) Provided information necessary to initiate an assessment to determine eligibility.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.03 - Referral and Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may apply for independent living services by contacting the Division directly or upon referral by individuals, organizations, public or private agencies, and other sources. Students with disabilities shall be referred by local education agencies not later than the fall semester of the next to last year before the student's anticipated exit from school.
B. The individual or referral source shall, to the extent possible, make available to the Division medical, social, and vocational information to assist in the determination of eligibility for independent living services under Regulation .04 of this chapter.
C. The Division shall schedule an interview with the individual upon initial contact or referral to:
(1) Explain the Independent Living Program, the individual's rights, including the right to pursue mediation and the right to an appeal hearing under COMAR 13A.11.07, and the availability of the resources within the Client Assistance Program; and
(2) Invite the individual to complete an application for services.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.04 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The eligibility requirements shall be applied by the Division without regard to sex, race, creed, color, age, national origin, residence, physical or mental disability, or political affiliation.
B. An applicant's eligibility for independent living services shall be based upon:
(1) The presence of a significant physical or mental disability;
(2) The presence of a substantial limitation in ability to function independently in family or community or to engage or continue in employment; and
(3) A presumption that the delivery of independent living services will improve the individual's ability to function independently in family or community or to engage or continue in employment.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.05 - Independent Living Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. An independent living plan shall be initiated and periodically updated for each eligible individual who is provided independent living services unless the individual waives the requirement of the independent living plan in writing. If the independent living plan is waived, services to be provided shall be documented by the rehabilitation counselor in the record of services. The independent living plan shall be developed jointly by the rehabilitation counselor and the eligible individual or, as appropriate, individual and the individual's representative. Independent living services shall be provided in accordance with the independent living plan.
B. The Division shall provide a copy of the independent living plan and any amendments to the eligible individual or, as appropriate, the individual and the individual's representative and shall advise the eligible individual or, as appropriate, the individual's representative, of the procedures and requirements affecting the development and review of the independent living plan.
C. The independent living plan shall be initiated after the certification of eligibility under Regulation .04 of this chapter.
D. The independent living plan shall include, as appropriate:
(1) A determination of whether the eligible individual wishes to waive the requirement of the independent living plan;
(2) The independent living goal;
(3) The specific independent living services to be provided to achieve the established goal;
(4) The provider of and projected date for the initiation of each independent living service;
(5) The amount of the eligible individual's participation in the cost of services, if any:
(6) The comments of the eligible individual or, as appropriate, the individual and the individual's representative, concerning the independent living plan; and
(7) A description of the availability of the resources within the Client Assistance Program and a statement of the eligible individual's rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the right to pursue mediation and the right to an appeal hearing under COMAR 13A.11.07.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.06 - Independent Living Services

Current through Register Vol. 51, No. 14, July 12, 2024
Independent living services are any goods or services necessary to assist an eligible individual in becoming more independent and include:
A. Independent living core services;
(1) Information and referral services,
(2) Independent living skills training,
(3) Peer counseling, including cross-disability peer counseling, and
(4) Individual and systems advocacy;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.07 - Comparable Services and Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations under COMAR 13A.11.01.09B apply.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.08 - Financial Participation

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations under COMAR 13A.11.01.10B apply.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.09 - Financial Participation Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
The schedule under COMAR 13A.11.01.15B applies.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.10 - Accident or Injury Claims

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations under COMAR 13A.11.01.11B apply.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.11 - Confidentiality and Disclosure of Records

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations under COMAR 13A.11.06 apply.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.12 - Record of Services Closure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The decision to close a record of services shall be made only with the full participation of the applicant or eligible individual, or, as appropriate, the individual and the individual's representative, unless the individual has refused to participate, is no longer present in the State, or cannot be located. The views of the individual or, as appropriate, the individual and the individual's representative, shall be recorded in the record of services.
B. Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative, written notice of the:
(1) Reasons for the decision;
(2) Individual's rights and means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for an appeal hearing under COMAR 13A.11.07; and
(3) Availability of the resources within the Client Assistance Program.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.13 - Payment for Services

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of COMAR 13A.11.01.16B apply.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.03 - Independent Living Services › Section 13A.11.03.14 - Payment for Goods

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of COMAR 13A.11.01.17B apply.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter implements the Maryland Business Enterprise Program for the Blind which is established pursuant to the Randolph-Sheppard Act, 20 U.S.C. §
										107 et seq. and Education Article, §§
									21-301 -21-303, Annotated Code of Maryland. The purpose of the program is to establish vending facilities on federal, State, county, municipal, and private property for blind persons to operate as small business enterprises. The Division of Rehabilitation Services of the State Department of Education is designated as the State agency to issue licenses to blind persons for the operation of vending facilities under the program. The Division shall have final authority and responsibility for the administration and operation of the program.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.03 - Candidacy for Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be considered for training for the Business Enterprise Program for the Blind, an individual shall meet the requirements:
(1) In Regulation .05A(1)(a) and (b) of this chapter; and
(2) Established by the Division and Committee described in the Administrative Manual in terms of academic and interpersonal skills, confirmed by findings of a career assessment or psychological evaluation, or both.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.04 - Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Establishment.
(1) The Division with the active participation of the Committee shall develop training, retraining, and upward mobility programs for blind persons who are vendors or potential vendors.
(2) The Division shall ensure that effective programs of vocational and other training services are provided to blind persons as vocational rehabilitation services under the Rehabilitation Act of 1973, as amended.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.05 - Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility.
(1) The Division shall issue licenses to persons who are determined to be:
(a) Blind persons;
(b) Citizens of the United States; and
(c) Qualified to operate vending facilities.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.06 - Assignment of Vendors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Ready-for-Assignment List.
(1) The Division with the active participation of the Committee shall establish and maintain a Ready-for-Assignment List of all licensed blind persons awaiting assignment to a vending facility by ranking the persons in the order in which they were licensed or accrued seniority, whichever applies.
(2) The Division shall give persons on the Ready-for-Assignment List announcements of vending facility openings distributed in accordance with §E(1).
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.07 - Operating Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An Operating Agreement shall be developed with the active participation of the Committee of Blind Vendors and shall be made part of the Administrative Manual.
B. Terms.
(1) The Division and the vendor shall enter into an Operating Agreement each time a vendor is assigned to a vending facility.
(2) The Operating Agreement shall be effective on the first day that the vendor is required to be on the location and signed by the Division and the vendor.
(3) On the effective date of the Operating Agreement, the Division shall provide the vendor a complete inventory of all equipment, a list of saleable merchandise, and petty cash provided by the Division.
(4) The Division shall provide the vendor the current value of all saleable merchandise and determine any financial obligations as described in the Administrative Manual.
(5) Payment shall be made as provided in the Administrative Manual.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.08 - Vending Facility Equipment and Merchandise

Current through Register Vol. 51, No. 14, July 12, 2024
A. Vending Facility Equipment.
(1) The Division, with the participation of the vendor, shall determine what equipment is needed to operate the vendor's vending facility and shall:
(a) Provide adequate equipment in good working order;
(b) Replace worn-out equipment;
(c) Retain ownership of equipment purchased by the Division;
(d) Repair and maintain equipment owned by the Division;
(e) Repair and maintain equipment owned by the property managing agency and under contract with the Division;
(f) Reimburse the vendor for equipment purchased by the vendor and preauthorized by the Division, which shall pay the depreciated value determined from the date of the original receipt provided by the vendor; and
(g) Perform an annual audit of equipment at each vending facility.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.09 - Program Budget

Current through Register Vol. 51, No. 14, July 12, 2024
The Division with the active participation of the Committee shall prepare a budget for the program before June 1 of each fiscal year, which reflects revenues and expenses for the next State budget year. The budget shall contain a complete plan of proposed expenditures and estimated income for the new fiscal year and shall show a zero balance.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.10 - Set-Aside Charges

Current through Register Vol. 51, No. 14, July 12, 2024
A. Determination and Use of Set-Aside Charges. On or before June 1 of each fiscal year, the Division with the active participation of the Committee shall determine the extent, if any, to which funds shall be set aside from the net proceeds of each vending facility during the following State budget year.
B. If the Division and the Committee determine that set-aside charges shall be assessed, the Division shall publish and submit the schedule of set-aside charges to the Commissioner of the Rehabilitation Services Administration, United States Department of Education for approval.
C. Set-Aside charges may only be used in the extent necessary to achieve the following purposes:
(1) Maintenance and replacement of equipment;
(2) Purchase of new equipment for:
(a) Existing vending facilities, and
(b) The establishment of new vending facilities if the Division with the active participation of the Committee determines that the financial stability of the program will be adversely affected through the use of other program funds for this purpose;
(3) Management services performed in accordance with a management services plan jointly developed and reviewed annually by the Division and the Committee; and
(4) Establishment and maintenance of a retirement and health insurance plan and provision of paid sick leave and vacation time, if a majority of licensed vendors in the State holding an Operating Agreement, after having been provided full program and financial information on the benefits, determine that the benefits be provided.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.11 - Vending Machine Income

Current through Register Vol. 51, No. 14, July 12, 2024
A. Distribution of Assigned Vending Machine Income.
(1) The Division shall remit monthly, if available, or otherwise quarterly vending machine income which accrues from vending machines on federal, State, local, or private property to the vendor operating a vending facility on the property in accordance with 34 CFR §
											395.32.
(2) Vending machine income remitted to a vendor shall be reported separately from gross sales and shall be included in calculating the net proceeds of the vending facility.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.12 - Resignation, Extended Illness, and Suspension and Termination of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Resignation.
(1) Notice.
(a) When a vendor resigns from a vending facility or the program, the vendor shall give the Division written notice at least 90 calendar days in advance of the effective date of resignation unless the vendor is reassigned to another vending facility.
(b) The Division may waive this requirement in an emergency.
(c) If a vendor fails to comply with this requirement, the Division may terminate the vendor's license and the vendor shall be disqualified from reapplying for a license for 2 years.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.13 - Administrative Review, Full Evidentiary Hearing, and Arbitration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Administrative Review.
(1) A vendor who is dissatisfied with any action, or actions, arising from the operation or administration of the program may obtain an administrative review of the action, or actions, by filing a written request within 15 calendar days of such action with the Director of the Office for Blindness and Vision Services (OBVS), Division of Rehabilitation Services stating the action, or actions, with which the vendor is dissatisfied and any remedy that the vendor seeks from the Division.
(2) Upon receipt of the written request, the Director of OBVS and the vendor shall determine a suitable date for the administrative review conference which shall be within 15 calendar days of the date on which the written request was received. The Director of OBVS shall provide written confirmation of the date, time, and place of the conference to the vendor and the availability of the Committee to assist in the appeal.
(3) Conduct of Administrative Review.
(a) The Director of OBVS shall conduct the administrative review conference in an informal manner in order to determine the merits of the dispute.
(b) The vendor may be accompanied to the conference by any person of the vendor's choosing.
(c) The Director of OBVS shall allow the vendor to fully explain the reasons for the request and the nature and type of any remedy that the vendor seeks from the Division.
(d) The conference may be recorded by any means if the parties determine that a recording is needed. If a record is made, the vendor shall be entitled to receive a copy promptly.
(4) Written Decision.
(a) After fully exploring the matter at the administrative review conference and considering the views of the vendor, the vendor's representative, and any representative of the Division, the Director of OBVS shall prepare a written determination affirming, reversing, or modifying the action, or actions, reviewed or make any other determination necessary to fully and fairly implement the purposes of the Randolph Sheppard Act and this chapter.
(b) The Director of OBVS shall set forth in the written determination a brief statement of the reasons for the determination.
(c) The Director of OBVS shall deliver or mail the written determination to the vendor and vendor's representative within 15 calendar days from the date of the conference.
(5) If the action or actions being reviewed is the result of a decision made by the Director of OBVS, the administrative review will be conducted by the immediate supervisor of the Director of OBVS or designee.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.14 - Committee of Blind Vendors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Biennial Election.
(1) The Division shall convene a meeting of all vendors in the spring of each even-numbered year to elect a Committee of Blind Vendors.
(2) The elections shall be held in accordance with the Constitution adopted by the vendors.
(3) The Constitution shall conform to the requirements of 34 CFR 395.14 and this chapter.
(4) All licensed vendors holding an Operating Agreement are required to attend the bi-annual meeting.
(5) All other licensees, trainees, and other interested parties may attend this meeting.
(6) Only active licensees holding an Operating Agreement are eligible to vote.
(7) A licensed vendor holding an Operating Agreement who fails to attend the annual meeting shall be disciplined as prescribed in Section 23 of the Administrative Manual.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.15 - Access to Program and Financial Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall provide vendors with program and financial reports including audits to the extent that the disclosure does not violate the laws pertaining to disclosure of confidential information.
B. The Division shall prepare and submit to the Committee in accordance with time periods specified in the Administrative Manual written annual financial reports.
C. The reports shall set forth revenues received and available from all sources, program expenses, and changes in fund balances for the period covered by the reports.
D. Financial Audit.
(1) A financial audit of the program will be conducted annually.
(2) The scope of the annual audit will be agreed to by the Division and the Committee of Blind Vendors.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.16 - Explanation of Rights and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall provide each vendor with a copy of this chapter, the Operating Agreement, applicable permits or contracts between the Division and property managing agency, the Administrative Manual, and the Nominee Agreement, and any other documents relating to the operation of the facility, if any.
B. The Division with the active participation of the Committee shall also provide in writing to each vendor an explanation of the vendor's rights and responsibilities under the program including the right to an administrative review, a full evidentiary hearing, and arbitration under Regulation .13 of this chapter, if the vendor is dissatisfied with any action arising from the operation or administration of the program.
C. Each vendor shall acknowledge in writing that the vendor has been supplied with a copy of the documents listed above, and a written explanation of the vendor's rights and responsibilities under the program upon assignment to a vending facility.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.17 - Division Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Forms and Reports. The Division shall issue forms, operating procedures, or reports necessary to implement these regulations with the active participation of the Committee.
B. Vending Facilities.
(1) The Division with the active participation of the Committee shall make decisions regarding the opening, closing or consolidating of vending facilities and the number of facilities to be established at any given site in accordance with the Administrative Manual.
(2) The Division shall give preference to expansion of the program, but every effort shall be made to assure that a vendor on the same premises will not be adversely affected by the expansion.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.18 - Administrative Manual

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division, with the active participation of the Committee, shall develop policies and procedures as required to assure the efficient operation and administration of the program.
B. The policies and procedures shall be contained in an Administrative Manual which shall be binding on both the Division and the vendors.
C. The Division and the Committee shall review the Manual every 3 years.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.19 - Affirmative Action and Non-Discrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Duties of the Division.
(1) The Division shall take affirmative action to recruit, train, and license blind persons from minority groups for the program.
(2) The Division may not discriminate in the recruiting, training, and licensing of blind persons for the program and the assignment of vendors to vending facilities on the basis of sex, race, age, creed, color, national origin, physical or mental disability, or political affiliation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.04 - Business Enterprise Program for the Blind › Section 13A.11.04.20 - Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
The State procurement Regulations for the operation of vending facilities on property controlled by the Department of General Services are found in COMAR 21.11.09.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter implements the following:
(1) Education Article, §
										21-307, Annotated Code of Maryland;
(2) State Government Article, §§
										10-611 -10-628, Annotated Code of Maryland;
(3) Health-General Article, §§4-302 and 4-305, Annotated Code of Maryland;
(4) Executive Order 01.01.1983.18B; and 34 CFR §
											361.49 governing the collection, use, and disclosure of personal information about Division clients.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Client" has the same meaning as defined in COMAR 13A.11.01.03B.
(2) "Client's representative" has the same meaning as defined in COMAR 13A.11.01.03B.
(3) "Disclose" or "disclosure" means the communication of personal information about an applicant or eligible individual or the release of records containing personal information about an applicant or eligible individual.
(4) "Division" has the same meaning as defined in COMAR 13A.11.01.03B. s used in this chapter, the term "Division" includes employees of the Division.
(5) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, agency, or other organization.
(6) "Personal information" means any information about an individual and includes, but is not limited to, name, address, identification number, and financial, educational, employment, family, or medical information.
(7) "Record" or "record of services" means the original or copy of any documentary material that is made or received by the Division in connection with the operation or administration of the program.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.03 - Confidentiality of Personal Information

Current through Register Vol. 51, No. 14, July 12, 2024
Personal information about an applicant or eligible individual, whether obtained directly from the applicant or eligible individual or from another person, shall be kept confidential and may not be disclosed except in accordance this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.04 - Notice to Applicants and Eligible Individuals

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall notify each applicant or eligible individual who is requested to provide personal information about:
(1) The authority under which the information is collected;
(2) The principal purpose for which the information is intended to be used;
(3) Whether provision of the information is mandatory or voluntary and the specific consequences of not providing the information;
(4) The individual's right to:
(a) Inspect and obtain copies of records which contain personal information about the individual, and
(b) Amend or correct any records which contain inaccurate or incomplete information; and
(5) The requirements of this chapter regarding obtaining written consent from the individual before personal information is disclosed to another person and the circumstances under which written consent is not required.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.05 - Right of the Applicant or Eligible Individual to Inspect and Obtain Copies of Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to Regulation .06 of this chapter, when requested by an applicant or eligible individual or an individual's representative, the Division shall permit the individual or the individual's representative to inspect and obtain copies of any records in the custody of the Division which contain personal information about the individual.
B. A request to inspect and obtain copies of records shall be in writing, signed by the applicant or eligible individual or the individual's representative, and identify the records which are the subject of the request.
C. Records of minors, that is, individuals younger than 18 years old, which relate to or reveal substance abuse diagnosis or treatment may not be released to the individual's representative, including a parent or guardian, without the explicit written consent of the individual, in accordance with federal alcohol and drug abuse confidentiality regulations, 42 CFR 2.
D. The Division shall comply with a request to inspect and obtain copies of records within a reasonable period, but not to exceed 30 days after receipt of the request.
E. If the requested records are unavailable or have been destroyed or lost, the Division shall notify the applicants or eligible individual or the individual's representative within 10 working days after receipt of the request.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.06 - Restrictions on Disclosure of Personal Information to an Applicant or Eligible Individual

Current through Register Vol. 51, No. 14, July 12, 2024
A. Medical, psychological, or other personal information which the Division believes may be harmful to an applicant or eligible individual may not be disclosed directly to the individual but shall be provided to a person chosen by the individual or, if applicable, pursuant to Health-General Article, §4-302, Annotated Code of Maryland.
B. Persons preparing reports which contain information which may be harmful to the applicant or eligible individual should clearly identify this on the face of the report.
C. When the Division has obtained personal information from another person, the information shall be disclosed only by, or under the conditions established by, the other person. If the Division is not permitted to disclose the information, the Division shall inform the individual of the identity of the person who provided the information and any procedure for contacting the person directly to obtain the information.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.07 - Right of the Applicant or Eligible Individual to Amend or Correct Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant or eligible individual or an individual's representative may request the Division to amend or correct any records in the custody of the Division which contain inaccurate or incomplete information about the individual.
B. A request to amend or correct records shall be in writing, signed by the applicant or eligible individual or the individual's representative, and:
(1) Identify the records which are the subject of the request;
(2) Describe the requested change precisely; and
(3) State the reasons for the change.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.08 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant or eligible individual or an individual's representative may request an appeal hearing if the Division takes any of the following actions with respect to any records in the custody of the Division which contain personal information about the client:
(1) Denies a request to inspect and obtain copies of the records;
(2) Denies a request to amend or correct records;
(3) Fails to attach a statement of disagreement to a disputed record; or
(4) Fails to provide a statement of the disagreement when a disputed record is disclosed to another person.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 11 - PROGRAMS FOR ADULTS WITH DISABILITIES › Chapter 13A.11.06 - Records of Services › Section 13A.11.06.09 - Written Consent Required to Disclose Personal Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Regulation .11 of this chapter, the Division shall obtain written consent from an applicant or eligible individual or the individual's representative before disclosing personal information to another person.
B. The written consent to disclose personal information shall be dated and signed by the applicant or eligible individual or the individual's representative, and shall:
(1) Identify the person to whom the information is to be disclosed;
(2) State the purpose of the disclosure; and
(3) Identify the information or records to be disclosed (medical, psychological, and other evaluation reports shall be specifically identified in the written consent).