Kentucky Administrative Regulations › Title 781 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT OF VOCATIONAL REHABILITATION › Chapter 1 - Administration › Section 781 KAR 1:010 - Office of Vocational Rehabilitation appeal procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151B.190,
				151B.200,
				34 C.F.R. Part 361,
				29 U.S.C.
				722
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				13B.170 authorizes an agency to promulgate
				administrative regulations that are necessary to carry out the provisions of
				KRS Chapter 13B concerning administrative hearings.
				29 U.S.C.
				722(c) requires state
				procedures for the review of determinations made by rehabilitation personnel
				for basic rehabilitation services. Pursuant to
				KRS
				151B.200, the Commonwealth of Kentucky,
				agreed to comply with all provisions relating to Federal Vocational
				Rehabilitation Acts.
				KRS
				151B.195(1) authorizes the
				commissioner to promulgate administrative regulations for the department. This
				administrative regulation establishes hearing and appeal procedures for a
				person seeking vocational rehabilitation benefits.
Section 1. Definitions.
(1) "Administrative hearing" is defined by
			 KRS
			 13B.010(2).
(2) "Administrative review" means an informal
			 process through which office personnel not involved in the initial decision
			 conduct a review of an office decision to ensure the decision complies with
			 office policy.
(3) "Appellant"
			 means an applicant, potentially eligible, or eligible individual who requests
			 an appeal of an office decision in accordance with this section.
(4) "Applicant" means an individual who
			 submits an application for vocational rehabilitation services.
(5) "Branch manager" means the office staff
			 who is responsible for the operations of an office branch.
(6) "Case record" means the official written
			 or electronic record of the vocational rehabilitation case of an applicant,
			 potentially eligible, or eligible individual.
(7) "Competitive integrated employment" is
			 defined by
			 34 C.F.R.
			 361.5(c)(9).
(8) "Eligible individual" means an applicant
			 for vocational rehabilitation services who the office determines is an
			 individual with a disability who requires vocational rehabilitation services to
			 prepare for, secure, retain, or regain employment.
(9) "Executive director" means the Executive
			 Director of the Office of Vocational Rehabilitation.
(10) "Hearing officer" is an individual who
			 meets the qualifications established in
			 KRS
			 13B.010(7) and who has
			 knowledge of the laws applicable to the office.
(11) "Office" means the Office of Vocational
			 Rehabilitation.
(12) "Office Appeal
			 Form" means the office form incorporated by referenced and used by an
			 applicant, potentially eligible, or eligible individual to request an appeal of
			 an office decision.
(13)
			 "Potentially eligible individual" means an individual who might be eligible for
			 vocational rehabilitation services, but whose eligibility has not yet been
			 determined.
(14) "Secretary" means
			 the Secretary of the Education and Workforce Development Cabinet.