reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 6 - Library for the Blind and Physically Handicapped › Rule 111-6.4 - Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The Application and Certification of Eligibility for Library
				Services form must be completed, and must be signed by a competent
				authority.
(1) In cases of blindness,
			 visual disability or physical limitations, "competent authority" is defined as
			 a doctor of medicine; doctor of osteopathy; ophthalmologist; optometrist;
			 registered nurse; therapist; or member of the professional staff of a hospital,
			 institution, public or welfare agency (i.e., a social worker, case worker,
			 counselor, rehabilitation teacher or superintendent). In the absence of any of
			 these, certification may be made by a professional librarian or by any person
			 whose competence under specific circumstances is acceptable to the department
			 and the Library of Congress.
(2) In
			 the case of reading disability from organic dysfunction, "competent authority"
			 is defined as a doctor of medicine or doctor of osteopathy who may consult with
			 colleagues in associated disciplines.
(3) Applicants who use only large print
			 materials need not obtain the certification of a competent authority.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.1 - History and Function

Current through Register Vol. 47, No. 3, July 24, 2024
The Randolph-Sheppard Act ( Public Law 74-732), first adopted
				by Congress in 1936, created a business enterprises program to give priority to
				the needs of blind persons in securing employment and economic opportunities.
				This legislation was revised in 1954 ( Public Law 83-565) and again in 1974 (
				Public Law 93-516).
The Iowa business enterprises program prepares individuals in
				the vocational rehabilitation program to become independent operators of food
				service facilities by providing training in management skills, food service and
				sanitation laws, and business systems. The business enterprises program
				establishes facilities and renders ongoing consultation and management
				assistance to blind operators.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.3 - State Committee of Blind Vendors

Current through Register Vol. 47, No. 3, July 24, 2024
There is established a state committee of blind vendors which
				will advise and actively participate in routine, ongoing policy decisions made
				by the department in the management of the business enterprises program. The
				committee will hold a minimum of three meetings in each calendar year with the
				agenda for each meeting jointly prepared by the division administrator of the
				business enterprises program in consultation with the chairperson of the
				committee.
(1) The committee shall:
a. Actively participate with the department
			 in decisions and policy and program development decisions affecting the overall
			 administration of the business enterprises program including, but not limited
			 to, changes in longstanding policy, decisions to add or remove locations,
			 decisions regarding terms of permits varying from the standard permits, and all
			 other decisions or changes in decisions that will affect the earning potential
			 or promotional opportunities for vendors in the program or those who join the
			 program;
b. Receive and transmit to
			 the department grievances at the request of vendors and serve as an advocate
			 for vendors in connection with these grievances;
c. Actively participate with the department
			 in the development and administration of a state system for the transfer or
			 promotion of vendors;
d. Actively
			 participate with the department in the development of training and retraining
			 programs for vendors; and
e.
			 Sponsor, with the assistance of the department, meetings and instructional
			 conferences for vendors and trainees of the business enterprises
			 program.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.4 - Statewide Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
There will be an annual statewide meeting of vendors at a time
				and place established by the department and the committee. All licensees,
				trainees and all other interested parties shall attend this meeting; however,
				only active licensees shall have the right to vote. Failure to attend two
				consecutive entire meetings without a written excused absence from the
				administrator of the business enterprises program shall result in placement of
				active licensees on probation. Failure to attend three consecutive entire
				meetings without a written excused absence from the administrator of the
				business enterprises program shall result in termination of the operating
				agreement (defined in
				111-7.12
				(216D)).
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.5 - Election of Committee Members

Current through Register Vol. 47, No. 3, July 24, 2024
The department will provide for a biennial election of
				committee members which will take place in even-numbered years during the last
				calendar quarter
(1) Participation in
			 the election shall be limited to active licensees, and shall not be contingent
			 upon payment of dues or other fees.
(2) The election shall be held by secret
			 ballot. Committee members shall take office immediately following the meeting
			 at which they were elected.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.6 - Program Selection Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The department has established a clearly defined process
				through which all applicants for the business enterprises program are screened,
				trained and placed in facilities. The following procedures will be utilized in
				assessing applicants for participation in the business enterprises
				program:
(1) The vocational
			 rehabilitation counselor has the primary responsibility for identifying
			 potential applicants for the business enterprises program. In order for an
			 eligible individual to be considered for placement in the business enterprises
			 program, the counselor must make a written recommendation to the division
			 administrator of the business enterprises program.
(2) Each applicant must complete a selection
			 pretest administered by the department.
(3) The committee may advise the division
			 administrator of the business enterprises program in the selection of trainees
			 and may conduct a personal interview with an applicant.
(4) In making a determination concerning
			 acceptance of an applicant into the business enterprises program, the
			 department will adhere to an established rating system which includes the
			 following:
a. Verification that eligibility
			 guidelines for the program have been met as follows: the individual is legally
			 blind, a U.S. citizen and a resident of the state of Iowa;
b. A 70 percent minimum score on the
			 recruiting referral sheet submitted by the vocational counselor;
c. A 70 percent minimum score on the
			 selection pretest; and
d. A 70
			 percent minimum score on the personal interview conducted by the department or
			 the committee (if appropriate).
In addition, the department may consider whether there is a
				reasonable expectation that a vending facility will become available at an
				appropriate time for the individual or whether there is a reasonable
				expectation that the individual being considered will be successful.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.7 - Preplacement Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
Upon acceptance into the business enterprises program, the
				applicant will execute a preplacement agreement with the department which will
				include:
1. The placement of the
			 individual in trainee status until successful completion of the training
			 program;
2. The requirement that
			 the individual must successfully complete all components of the training
			 program;
3. The proposed training
			 program for the individual;
4. The
			 assurance that if a vending facility location is available, the trainee will be
			 given equitable participation in the system of transfer or promotion for
			 vendors;
5. A clear understanding
			 of the alternatives if a vending facility location is not available upon
			 completion of the training program or if the individual does not successfully
			 complete the training program; and
6. The procedures for periodic evaluation of
			 the trainee.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.8 - Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
In accordance with federal and state laws and regulations, each
				participating vending facility operator must be licensed by the department. The
				license is not transferable and is revocable for cause.
(1) The requirements for obtaining a license
			 are:
a. The applicant must be blind according
			 to the definition in
			 111-7.2
			 (216D);
b. The applicant must be a
			 citizen of the United States;
c.
			 The applicant must be a resident of the state;
d. The applicant must demonstrate competency
			 which is measured by the ability to operate a vending facility by either
			 successful completion of the training program (if a trainee) or by successful
			 completion of a program competency test with a minimum score of 70 percent (if
			 applying for licensure by reinstatement or reciprocity); and
e. The applicant must possess a current and
			 valid Iowa department of transportation nondriver identification
			 card.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.9 - Licensure by Reciprocity or Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
A vending facility operator formerly licensed in this state may
				apply to the director for reinstatement of licensure. A vending facility
				operator licensed or formerly licensed in any other state in accordance with
				applicable federal regulations may apply to the director for licensure by
				reciprocity.
(1) The individual must
			 sign a release of information for each state where the individual participated
			 in a vocational rehabilitation program.
(2) The individual must meet the following
			 criteria for licensure by reciprocity or reinstatement:
a. Apply and be found eligible for vocational
			 rehabilitation services from the department;
b. Have no outstanding debts with the
			 business enterprises program or vocational rehabilitation program in any state
			 and no delinquent business taxes or delinquent bills to food service
			 suppliers;
c. Comply with all
			 licensing requirements of the department.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.10 - System of Transfer or Promotion for Vendors

Current through Register Vol. 47, No. 3, July 24, 2024
In coordination with the state committee of blind vendors, the
				department has established a state system of transfer or promotion for licensed
				vendors.
(1) When a new vending
			 facility is established or when a vacancy occurs in an existing facility, the
			 department shall first provide the opportunity for transfer or promotion to
			 licensees having priority status. At that time, the department shall give
			 priority status to a vendor who has been displaced from a facility through no
			 fault of the vendor A vendor shall be considered to have been displaced through
			 no fault of the vendor if the building in which the vendor's facility is
			 located has:
a. Closed; or
b. Lost a substantial portion of its
			 population so that the facility no longer meets the financial guidelines of
			 profitability established by the business enterprises program.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.11 - Placement and Performance Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
The staff of the business enterprises program will complete a
				periodic performance evaluation of each vendor based on criteria developed by
				the staff and the state committee of blind vendors. Vendors in provisional
				status will be evaluated every three months and vendors in permanent status
				will be evaluated annually.
(1)
Placement in provisional status.
When a vendor is appointed
			 for the first time, the vendor will be placed in provisional status. The vendor
			 will be provided with the rating criteria for performance evaluation as a part
			 of the operating agreement (defined in
			 111-7.12
			 (216D)). A vendor cannot remain in provisional status for longer than two
			 years.
(2)
Placement in
			 permanent status.
When the vendor has received satisfactory ratings on
			 at least two consecutive performance evaluations, the vendor will be placed in
			 permanent status. Failure to achieve permanent status within 12 months shall
			 result in the provisional operator being placed on probation.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.12 - Operating Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
Upon appointment of a vendor to a vending facility, the
				department shall execute an operating agreement with the vendor which shall
				detail the rights and responsibilities of the vendor and of the department in
				the operation of the facility.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.13 - Reports

Current through Register Vol. 47, No. 3, July 24, 2024
As specified in the operating agreement, reports must be filed
				with the administrative office of the department or postmarked by the fifteenth
				day of each month. The department will accept no more than two consecutive
				reports which are submitted after the deadline. When an operator exceeds this
				limit, the department shall impose a fine in the amount of $100 for each report
				filed after the deadline. Operators submitting more than two late reports shall
				be placed on probation and restricted from bidding for transfer or promotion
				for a period of one year. For a report to be considered complete, it must
				contain the following documents which relate to the reporting period:
1. A profit and loss statement;
2. A signed bill verification
			 statement;
3. Business-related tax
			 documents; and
4. Canceled checks
			 verifying payment of business-related taxes.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.14 - Vending Facility Inventory

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall purchase the initial inventory for each
				vending facility. Upon assignment of a new operator to the facility, the
				department, the outgoing operator, and the incoming operator shall establish
				the value of the inventory.
Upon inventory settlement, the operators and the department
				shall use the following procedure:
1.
			 The department shall pay the operator who is due funds for the inventory
			 difference.
2. The indebted
			 operator who owes money for the inventory shall negotiate a satisfactory
			 payment plan to reimburse the department.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.15 - Maintenance and Replacement of Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
It is the responsibility of the vendor to maintain all vending
				facility equipment in good repair and in attractive condition. When equipment
				becomes obsolete or no longer repairable, it is the responsibility of the
				department to replace the equipment.
(1) During the first 45 calendar days of the
			 vendor's assignment to a location or facility, the department assumes the
			 responsibility for maintenance of equipment. Additionally, in unusual
			 circumstances, the department may negotiate with a vendor to pay particular
			 costs for maintenance of equipment.
(2) If, in accordance with the operating
			 agreement, the vendor does not appropriately maintain equipment and this
			 prohibits operation of the facility in a safe, attractive and sanitary manner,
			 the department will assume responsibility for making needed repairs and bill
			 the vendor for the repairs.
(3) The
			 department retains title to all equipment purchased by the
			 department.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.16 - Distribution and Use of Income From Vending Machines on Federal Property

Current through Register Vol. 47, No. 3, July 24, 2024
Vending machine income from vending machines located on federal
				property which has been disbursed to the department by a property management
				department, agency, or instrumentality under the vending machine income sharing
				provisions of
				34
				CFR 395.8 shall accrue to each vendor
				operating a vending facility on federal property in an amount not to exceed the
				average net income of the total number of vendors in the state as determined
				each fiscal year on the basis of each prior year's operation, except that
				vending machine income shall not accrue to any vendor in any amount exceeding
				the average net income of the total number of vendors in the United
				States.
(1) No vendor shall receive
			 less vending machine income than that received during the calendar year prior
			 to January 1, 1974, as a direct result of any limitation imposed on such income
			 under this ceiling.
(2) No
			 limitation shall be imposed on income from vending machines, combined to create
			 a vending facility, when such a facility is maintained, serviced and operated
			 by a vendor
(3) The department
			 shall retain vending machine income disbursed by a property managing
			 department, agency or instrumentality of the United States in excess of the
			 amounts eligible on a quarterly basis.
(4) The department will disburse vending
			 machine income to vendors on a quarterly basis.
(5) Vending machine income retained by the
			 department may be used for the establishment and maintenance of retirement or
			 pension plans, for health insurance contributions, for provisions of paid sick
			 leave and vacation time for vendors, or for the maintenance and replacement of
			 equipment. Use of this income shall be approved by a majority vote at an annual
			 statewide vendor meeting.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.17 - Disciplinary Action

Current through Register Vol. 47, No. 3, July 24, 2024
The department may impose any or all of the following
				disciplinary sanctions as appropriate:
(1)
Fines.
Monetary fines
			 shall be imposed by the department for the late filing of required reports or
			 late payment of fees.
(2)
Probation.
The department may place a vendor on probation of
			 the operating agreement for a period not to exceed one year The probationary
			 period may include an emergency suspension of the operating agreement when
			 appropriate for a period not to exceed 30 days. If the operator is deemed to be
			 on probation after the end of that year, the operating agreement will be
			 terminated.
a. Probation may occur when the
			 department determines that any of the following conditions exist:
(1) The vendor has repeated or continued
			 violations of the terms of the operating agreement;
(2) The vendor has repeated or continued
			 violations of the vending facility permit;
(3) The vendor is temporarily ineligible to
			 participate in the business enterprises program;
(4) The vendor is absent without leave;
			 or
(5) The health and safety of the
			 public may be jeopardized by the continued operation of the vending facility by
			 the vendor
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.18 - Access to Program Information

Current through Register Vol. 47, No. 3, July 24, 2024
A vendor will have access to program and financial data
				relevant to the operation of the business enterprises program. The department
				will furnish the vendor with a copy of the appropriate vending facility permit
				and operating agreement and the department's administrative rules. The
				department will explain these documents to the vendor who will indicate by
				signed statement that these documents have been furnished and
				explained.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 7 - Business Enterprises Program › Rule 111-7.19 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The department and participants in the business enterprises
				program are governed by
				34 CFR
				361.38 (as published January 17, 2001)
				regarding protection, use, and release of personal
				information.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 8 - Appeals Process-business Enterprises Program › Rule 111-8.2 - Full Evidentiary Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
These rules define procedures under which full evidentiary
				hearings, required by the Randolph-Sheppard Act, shall be conducted in
				Iowa.
(1)
Definitions:
"Day "
means a regular working day for
				employees of the state of Iowa.
"Full evidentiary hearing "
means the
				proceeding defined by the Randolph-Sheppard Act, 20 U. S.C. 107D-1(a) and
				34 CFR
				395.13, July I,1981
"Petitioner "
means the person or agency which
				files the petition commencing the full evidentiary hearing proceeding.
"Respondent"
means the person or agency named
				by the petitioner as a person or agency against which the petition is brought
				and from whom the petitioner seeks stated responses.
(2)
Commencement of
			 proceeding.
a.
How
			 commenced.
A full evidentiary hearing proceeding may be commenced by
			 the department or by a vendor A full evidentiary hearing proceeding is
			 commenced by filing a petition with the director and serving the petition on
			 the respondent in the manner described in these rules.
b.
Commencement by
			 department.
If the department believes that a vendor has violated the
			 terms of the operator's agreement then in effect between the department and the
			 vendor, or believes the vendor has violated the rules governing the business
			 enterprises program in Iowa so as to warrant suspension or revocation of a
			 vendor's operating agreement or license, the department shall file a petition
			 naming the vendor as respondent. However, in cases of imminent threat to the
			 health or safety of vending facility patrons or concern for retention of the
			 permit to operate a facility as governed by 111-subrule 7.5(2), the department
			 may remove a vendor as provided in that subrule but at the same time must
			 initiate the evidentiary hearing procedures contained in this
			 subrule.
c.
Commencement by
			 vendor
If a vendor believes that the department has violated a right
			 guaranteed to the vendor by the Randolph-Sheppard Act or Iowa law, or if the
			 vendor is otherwise aggrieved by the action of the department, the vendor may
			 file a written petition naming the department as respondent within 15 days
			 after an adverse decision from an administrative review or within 15 working
			 days of the occurrence in the absence of an administrative review.
d.
Hearing officer involved.
When the director has received a petition and a response has been filed with
			 the director under these rules, the director shall provide these documents to
			 an impartial hearing officer selected according to law and shall thereafter act
			 only as the employee of one of the parties. After the director has referred the
			 documents as provided in this subrule, then the director shall serve notice
			 upon all parties of the identity, telephone number, and address of the hearing
			 officer in the manner prescribed in these rules.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 9 - Adult Orientation and Adjustment Center › Rule 111-9.1 - Function

Current through Register Vol. 47, No. 3, July 24, 2024
The adult orientation and adjustment center is a residential
				rehabilitation program which provides intensive instruction in alternative
				techniques of blindness and in development of positive attitudes about
				blindness. The adult orientation and adjustment center also carries out public
				relations and educational programs in an effort to gain public awareness and
				recognition of the ability of blind persons to be in the mainstream of
				society.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 9 - Adult Orientation and Adjustment Center › Rule 111-9.2 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Enrollment in
			 the adult orientation and adjustment center shall be limited to persons 16
			 years of age or older
(2) Clients
			 of vocational rehabilitation services or independent living rehabilitation
			 services shall be eligible for admission to the adult orientation and
			 adjustment center as specified in their individual written rehabilitation
			 plan.
(3) Persons who remain in the
			 caseloads of vocational rehabilitation or independent living programs in other
			 states shall not be accepted as students in the adult orientation and
			 adjustment center, unless a formal written request from the out-of-state agency
			 is received and approved by the commission. Clients of out-of-state agencies
			 will be enrolled only when doing so would not deny training to an otherwise
			 eligible client of the department.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 9 - Adult Orientation and Adjustment Center › Rule 111-9.3 - General Program Policies

Current through Register Vol. 47, No. 3, July 24, 2024
Student use of dog guides will not be allowed during program
				activities of the adult orientation and adjustment center However, users of dog
				guides shall otherwise have access to all department facilities, subject to
				applicable state or federal laws and regulations.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 10 - Vocational Rehabilitation Services › Rule 111-10.1 - Function

Current through Register Vol. 47, No. 3, July 24, 2024
Vocational rehabilitation services assist eligible individuals
				to achieve an employment outcome consistent with their individual strengths,
				resources, priorities, concerns, abilities, capabilities, interests, and
				informed choice.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 10 - Vocational Rehabilitation Services › Rule 111-10.2 - State Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The state plan for vocational rehabilitation of the blind of
				Iowa is developed by the department pursuant to federal regulations and
				submitted to the United States Department of Education, rehabilitation services
				administration. The state plan delineates the scope of vocational
				rehabilitation services to individuals and to groups, ensures that written
				policies are maintained, and provides guidelines for expenditure of
				funds.
In accordance with Section 361.29 of the federal regulations,
				reports of statewide studies and evaluations areavailable to the public for
				review.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 10 - Vocational Rehabilitation Services › Rule 111-10.3 - Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Persons desiring vocational rehabilitation services should
				contact the department and must complete the application process. An individual
				is considered to have submitted an application when the individual or the
				individual's representative, as appropriate, (1) has completed and signed an
				agency application form; (2) has provided information necessary to initiate an
				assessment to determine eligibility and priority of services; and (3) is
				available to complete the assessment process.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 10 - Vocational Rehabilitation Services › Rule 111-10.4 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Eligibility for
			 vocational rehabilitation shall be determined upon the presence of four basic
			 conditions:
(1) the existence of blindness as
			 defined in rule
			 111-1.4 (216B);
(2) the existence of blindness
			 constitutes or results in a substantial impediment to employment;
(3) the individual intends to achieve an
			 employment outcome consistent with the individual's imique strengths,
			 resources, priorities, concerns, abilities, capabilities, interests, and
			 informed choice; and
(4) the
			 applicant requires vocational rehabilitation services to prepare for, secure,
			 retain, or regain employment.
Applicants who meet the eligibility requirements stated in the
				paragraph above will be presumed to be able to benefit from vocational
				rehabilitation services in terms of an employment outcome, unless the
				department can prove with clear and convincing evidence that the applicant is
				incapable of benefitting in terms of an employment outcome from vocational
				rehabilitation services due to the severity of the applicant's
				disability.
Any applicant who has been determined eligible for social
				security benefits under Title II or Title XVI of the Social Security Act is (I)
				presumed eligible for vocational rehabilitation services, and (2) considered an
				individual with a significant disability.
No duration of residence requirement is imposed that excludes
				from services any applicant who is present in the state. No applicant or group
				of applicants is excluded or found ineligible solely on the basis of the type
				of disability. The eligibility requirements are applied without regard to the
				age, gender, race, color, creed, or national origin of the applicant; type of
				expected employment outcome; source of referral; or the particular service
				needs or anticipated cost of services required by an applicant or the income
				level of an applicant or applicant's family.
Nothing in this rule is to be construed to create an
				entitlement to any vocational rehabilitation service.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 10 - Vocational Rehabilitation Services › Rule 111-10.7 - Termination of Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A decision
			 to terminate vocational rehabilitation services shall be made only after
			 providing an opportunity for full consultation with the individual or, if
			 appropriate, with the individual's representative.
(2) The individual will be informed in
			 writing of the reasons for the termination of services; furnished information
			 on how the individual may appeal the decision as provided in rule 10.8(216B);
			 and provided with a description of the services of the Iowa client assistance
			 program and how to contact that program.
(3) For those individuals who have been
			 determined incapable of achieving an employment outcome, their circumstances
			 will be reviewed annually unless they have refused services, are no longer in
			 the state, their whereabouts are unknown or they have a medical condition which
			 is rapidly progressive or terminal.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 10 - Vocational Rehabilitation Services › Rule 111-10.9 - Applicant's and Eligible Individual's Rights

Current through Register Vol. 47, No. 3, July 24, 2024
The counselor/teacher must inform the applicant or eligible
				individual of the applicant's or eligible individual's rights as
				follows:
(1) A written statement of
			 rights, which sets forth the department's policies and practices with regard to
			 administrative review, fair hearing, confidentiality of records and
			 nondiscrimination, shall be provided to the applicant as a part of the
			 application process.
(2) When an
			 applicant is determined ineligible to receive vocational rehabilitation
			 services, the applicant shall receive written notification of the right to
			 appeal and information concerning services available through the Iowa client
			 assistance program.
(3) The
			 individual plan for employment will include a statement that the individual has
			 been informed of the department's policies regarding administrative review,
			 fair hearing, confidentiality of records and nondiscrimination.
(4) Upon termination of services through the
			 standard case closure procedure, the individual shall be given a written
			 statement of the right to appeal the termination, including information about
			 servicesavailable through the Iowa client assistance program.
(5) When disagreement occurs, staff shall
			 verbally inform the applicant or individual of the right to appeal and provide
			 information about servicesavailable through the Iowa client assistance
			 program.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 10 - Vocational Rehabilitation Services › Rule 111-10.10 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The following forms are used by the vocational rehabilitation
				services program:
1. Application for
			 rehabilitation services-used for application for vocational rehabilitation
			 services from the department. Also contains statement of compliance with the
			 Civil Rights Act of 1964 and release of information form.
2. Individual plan for employment (IPE)-used
			 by the counselor/teacher and individual to develop a blind person's program for
			 rehabilitation. Printed on the form are the following statements: mutual
			 agreement and understanding between individual and counselor; department's
			 program responsibilities; individual responsibilities; review and evaluation of
			 progress toward objectives and goal; and individual rights and remedies. In
			 addition, the IPE provides for mutual development of a vocational goal, summary
			 of planned services, accepted criteria for review and evaluation purposes and
			 individual acceptance and response.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 11 - Independent Living Rehabilitation Services › Rule 111-11.2 - Services

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to appropriate vocational rehabilitation services
				enumerated in rule
				111-10.5 (216B),
				independent living rehabilitation services may include, but are not limited to:
				teaching alternative techniques of blindness; guidance and counseling;
				orientation and mobility training; referral; recreational activities; provision
				and instruction in the use of telecommunication, sensory and other
				technological aids and devices; and provision of technical assistance through
				consultation with health care providers and other agencies and organizations
				who serve blind persons.
Joint planning between the eligible individual and the staff
				will be employed in the development of an independent living rehabilitation
				plan (ILRP) in order to identify independent living objectives and services
				that will be most beneficial in achieving an eligible individual's
				independence. Eligible individuals will be given the option of waiving the
				right to a formal, detailed ILRP and may choose to simply list their
				independent living objectives.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 11 - Independent Living Rehabilitation Services › Rule 111-11.3 - State Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The state plan for independent living (SPIL) is developed
				pursuant to federal regulations and is submitted to the United States
				Department of Education, rehabilitation services administration. The SPIL
				delineates expenditure of funds, describes administrative procedures,
				establishes program goals, and identifies the scope and extent of services. It
				is developed, implemented, and evaluated jointly by the Iowa department for the
				blind, the department of education, division of vocational rehabilitation
				services, and the Iowa statewide independent living council. The SPIL must be
				reviewed and revised as necessary but not less than once every three
				years.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 11 - Independent Living Rehabilitation Services › Rule 111-11.4 - Application for Independent Living Services for Older Individuals Who Are Blind

Current through Register Vol. 47, No. 3, July 24, 2024
The application delineates expenditure of funds, establishes
				program goals, identifies the scope and extent of services, and defines a plan
				of operation. The application is submitted to the U.S. Department of Education,
				rehabilitation services administration.
(1) to 11.4(4) Rescinded IAB 6/26/02,
			 effective 7/31/02.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 11 - Independent Living Rehabilitation Services › Rule 111-11.5 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible for independent living rehabilitation services,
				an individual must meet the following criteria:
(1) have a severe visual impairment;
(2) either be aged 55 or older, or
			 have a severe mental, cognitive, physical, or other sensory impairment;
(3) experience a severe limitation
			 in ability to function independently in the family or community, or to obtain,
			 maintain, or advance in employment; and
(4) there must be a reasonable expectation
			 that independent living rehabilitation services will improve the individual's
			 ability to function, continue functioning, or move toward functioning
			 independently in family or community, or to continue in employment.
Eligibility will be determined in compliance with applicable
				federal and state laws prohibiting discrimination on the basis of age, race,
				creed, color, sex, national origin, religion or disability. Provision of
				independent living rehabilitation services is not contingent upon economic
				need. No duration of residence requirement is imposed that excludes from
				services any applicant who is present in the state.
(1) and
(2) Rescinded IAB 6/26/02, effective
			 7/31/02.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 11 - Independent Living Rehabilitation Services › Rule 111-11.7 - Consideration of Comparable Services and Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Full consideration is given to any
			 comparable services and benefitsavailable to a blind person under any program
			 (for example, workers' compensation, supplemental security income, social
			 security disability insurance) to meet in whole or in part the cost of
			 independent living rehabilitation services provided to an individual except
			 assessment for determining eligibility and independent living rehabilitation
			 needs; counseling and guidance; information and referral; and personal and
			 vocational adjustment training and related training supplies.
(2) Full consideration of comparable services
			 and benefits shall not be given when this consideration would delay the
			 provision of services to an individual at extreme medical risk. A determination
			 of extreme medical risk shall be based upon medical evidence provided by an
			 appropriately licensed medical professional.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 11 - Independent Living Rehabilitation Services › Rule 111-11.8 - Termination of Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A decision
			 to terminate independent living rehabilitation services shall be made only with
			 the full participation of the eligible individual or, as appropriate, the
			 eligible individual's parent, guardian or other representative, unless the
			 eligible individual has refused to participate, the eligible individual is no
			 longer present in the state, or the eligible individual's whereabouts are
			 imknown.
(2) An eligible individual
			 who is dissatisfied with the determination to terminate services may appeal the
			 determination as provided in rule
			 111-11.9
			 (216B).
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 11 - Independent Living Rehabilitation Services › Rule 111-11.10 - Applicant's and Eligible Individual's Rights

Current through Register Vol. 47, No. 3, July 24, 2024
The service specialist for the blind must inform the applicant
				or eligible individual of the applicant's or eligible individual's rights as
				follows:
(1) Written information on
			 the Iowa client assistance program and on the department's policies and
			 practices with regard to administrative review, fair hearing, confidentiality
			 of records and nondiscrimination shall be provided to the applicant as a part
			 of the application process. This information shall also be made available in
			 the applicant's media of choice. Language interpreters will be used as
			 necessary.
(2) When an applicant is
			 determined ineligible to receive independent living rehabilitation services,
			 the applicant shall receive written notification of the right to appeal and
			 information concerning services available through the Iowa client assistance
			 program.
(3) The independent living
			 rehabilitation plan will include information in the eligible individual's media
			 of choice on the department's policies regarding administrative review, fair
			 hearing, confidentiality of records and nondiscrimination. Language
			 interpreters will be used as necessary.
(4) Upon termination of a case due to
			 ineligibility, the individual shall be given information in the individual's
			 media of choice on the right to appeal the termination, including information
			 about services available through the Iowa client assistance program. Language
			 interpreters will be used as necessary.
(5) When disagreement occurs, staff shall
			 verbally inform the applicant or individual of the right to appeal and provide
			 information about services available through the Iowa client assistance
			 program.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 11 - Independent Living Rehabilitation Services › Rule 111-11.11 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The following forms are used by the independent living
				rehabilitation services program:
1.
			 Application for Independent Living Rehabilitation Services-used for application
			 for independent living rehabilitation services from the department.
2. Independent Living Rehabilitation Plan
			 (ILRP) used to develop a blind person's program for rehabilitation by providing
			 for mutual development of goals, objectives, a summary of planned services,
			 criteria for review and evaluation and a time frame for completion of
			 services.
3. Waiver of Independent
			 Living Rehabilitation Plan-a signed statement acknowledging the eligible
			 individual's choice to waive an ILRP and instead simply list the eligible
			 individual's independent living objectives.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules implemented by the department. The intent of this chapter is
				to allow persons to seek exceptions to the application of rules implemented by
				the department.
(1)
Definitions.
"Commission "
means the three-member statutory
				commission for the blind.
"Department"
means the department for the
				blind.
"Director "
means the director of the
				department for the blind.
"Person "
means an individual, corporation,
				government or governmental subdivision or agency, partnership or association,
				or any legal entity.
"Waiver"
means action by the director that
				suspends in whole or in part the requirements or provisions of a rule as
				applied to a person on the basis of the particular circumstances of that
				person. For simplicity, the term "waiver" shall include both a "waiver" and a
				"variance."
(2)
Authority.
a. A waiver from
			 rules adopted by the commission may be granted in accordance with this chapter
			 if (1) the commission has exclusive rule-making authority to promulgate the
			 rule from which a waiver is requested or has final decision-making authority
			 over a contested case in which a waiver is requested; and (2) no federal or
			 state statute or rule otherwise controls the granting of a waiver from the rule
			 for which a waiver is requested.
b.
			 No waiver may be granted for a requirement that is imposed by statute. Any
			 waiver must be consistent with statute.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.2 - Director Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The decision on whether the circumstances justify the granting
				of a waiver shall be made at the sole discretion of the director upon
				consideration of all relevant factors. The director may bring a request for a
				waiver to the commission for discussion prior to issuing a decision on the
				waiver The director shall notify the commission of any waiver granted or
				denied.
(1) The director may, in
			 response to a completed petition or on the director's own motion, grant a
			 waiver from a rule, in whole or in part, as applied to the circumstances of a
			 specified situation if the director finds each of the following:
a. Application of the rule to the person at
			 issue would result in hardship or injustice to that person; and
b. Waiver on the basis of the particular
			 circumstances relative to that specified person would be consistent with the
			 public interest; and
c. Waiver in
			 the specific case would not prejudice the substantial legal rights of any
			 person; and
d. Waiver in the
			 specific case would not have a negative impact on any person affected by the
			 waiver
In determining whether a waiver should be granted, the director
				shall consider the public interest, policies and legislative intent of the
				statute on which the rule is based. When the rule from which a waiver is sought
				establishes administrative deadlines, the director shall balance the special
				individual circumstances of the petitioner with the overall goal of uniform
				treatment of all constituents.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.3 - Person's Responsibilities in Filing a Waiver Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
All
			 petitions for waiver must be submitted in writing to the Director, Department
			 for the Blind, 524 Fourth Street, Des Moines, Iowa 50309-2364. If the petition
			 relates to a pending contested case, a copy of the petition shall also be filed
			 in the contested case proceeding.
(2)
Content of petition. A
petition for waiver shall include the following information where applicable
			 and known to the person (for an example of a petition for waiver, see Exhibit A
			 at the end of this chapter):
a. A description
			 and citation of the specific rule from which a waiver is requested.
b. The specific waiver or variance requested,
			 including the precise scope and operative period that the waiver will
			 extend.
c. The relevant facts that
			 the petitioner believes would justify a waiver