reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-308 - Interpreting Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Role
				and function of the interpreting program is to:
1. promote the understanding and
				implementation of the Americans with Disability Act (ADA) through education and
				informing businesses and organizations responsible under the ADA of their
				obligation in providing auxiliary aids and services when needed to communicate
				effectively with people who are d/Deaf, DeafBlind, or hard of
				hearing.
2. promote the development
				of the state's interpreter workforce through the support of interpreter
				training programs and continuing education;
3. develop and maintain the criteria for
				standardizing the qualifications and practices of the interpreter workforce
				which advance best practices related to the needs of the state's interpreting
				workforce and d/Deaf, DeafBlind, and hard of hearing communities; and
4. maintain a statewide, public-facing
				registry of interpreters which is accessible via the commission's
				website.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-309 - Louisiana Commission for the Deaf Board of Commissioners

Current through Register Vol. 50, No. 6, June 20, 2024
A. Name. The name shall be the Louisiana
				Commission for the Deaf board of commissioners, hereinafter referred to as the
				"board of commissioners."
B. The
				role and function of the Louisiana Commission for the Deaf board of
				commissioners are as follows:
1. to support
				the work of the commission by making recommendations to the commission
				regarding its programs, policies, procedures, regulations, rules and criteria
				on behalf of d/Deaf, DeafBlind, and hard of hearing communities and their
				families; and
2. to advocate for
				the general welfare, needs, and rights of d/Deaf, DeafBlind, and hard of
				hearing individuals in this state through education, advising, informing, and
				promoting relevant laws, policies, and practices which support the eradication
				of barriers and discrimination affecting individuals who are d/Deaf, DeafBlind,
				and hard of hearing.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-311 - Replacements (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-313 - Privileges of Membership (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-315 - Liability (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-317 - Compensation (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-319 - Designees (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-321 - Officers of the Commission (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-323 - Officers Resignations (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-325 - Termination of Office (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-327 - Meeting Protocol (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-329 - Committees, Boards and Task Forces (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-331 - Executive Director (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 3 - Commission for the Deaf › Section VII-333 - Amendments (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:2352 and
				  R.S.
				  47:1061.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				the Business Enterprises Program Manual is to provide uniform rules and
				regulations for the administration of Business Enterprises Programs operated by
				the state licensing agency.
B. The
				purpose of Chapter 5 is to set forth the legal authority from which these rules
				are derived, to proclaim the mission of the Business Enterprises Program,
				define terms used in this body of policy, and to set forth the organization of
				the Business Enterprises Program.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 49:664.4 and
				  R.S.
				  36:477.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-503 - Mission of the Business Enterprises Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Mission. The mission of the Business
				Enterprises Program is to establish and maintain business enterprises operated
				by qualified individuals who are blind.
B. Goals. The goals for the Business
				Enterprises Program are:
1. provide
				employment opportunities for qualified persons who are blind by establishing
				and maintaining Business Enterprises Program Facilities; and
2. administer a continuing process of career
				development and upward mobility for qualified persons in the Business
				Enterprises Program.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-505 - Federal Legal Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Rehabilitation Act of 1973 as amended by the Rehabilitation Act Amendments of
				1986 and 1992, 1998 and 2014. In accordance with federal law under title I of
				the Rehabilitation Act of 1973 (Public Law 93-112) as amended, including the
				Rehabilitation Act amendments of 1986 (Public Law 99-506), and the
				Rehabilitation Act amendments of 1992 (Public
				Law 102-569), vocational and the Rehabilitation
				Act amendments of 1998 (Public
				Law 105-220) and the Rehabilitation Act amendments
				of 2014 (Public Law
				114-95 enacted in 2015) other rehabilitation
				services are offered to individuals with disabilities through Louisiana
				Rehabilitation Services.
B. Code of
				Federal Regulations - Volume 34, Sections 361 and 395.
C. The Randolph-Sheppard Act of 1936, as
				amended ( 20 U.S.C.
				Section
				107 et seq.), authorizes
				designated State Licensing Agencies to establish and administer Business
				Enterprises Programs in their respective states. The law locates the State
				Licensing Agency (SLA) for the program in the individual state or territorial
				agency which offers vocational rehabilitation services for individuals who are
				blind under the Rehabilitation Act of 1973, as amended (  29 U.S.C. 31 - 42
				).
D. Primary regulatory authority
				for the Business Enterprises Program is found at  34 CFR Part 395 . Other
				regulatory guidelines impacting the Business Enterprises Program are found at
				 34 CFR Part 361  and  32 CFR 260.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:3022.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-507 - State Legal Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Louisiana Revised Statutes-R.S.
				49:664. Section 6B (1)(b) (Legislative Act
				that created the Department of Health and Hospitals),
				R.S.
				36:477(c) (Legislative Act
				that created the Department of Social Services),
				R.S.
				36:301 (Legislative Act that created the
				Louisiana Workforce Commission).
B.
				Louisiana Act 19 of 1988, effected the merger of the Division of Rehabilitation
				Services with the Division of Blind Services to form Louisiana Rehabilitation
				Services. Louisiana Act 939 of 2010 transferred the agency from the Department
				of Social Services to the Louisianan Workforce Commission.
C.R.S. 23.3023 gives priority to the blind in
				operation of vending stands, vending machines, cafeterias, and other small
				business concessions to be operated in the portions, or portions thereof, of
				properties that those state agencies, boards, commissions, and institutions
				own, maintain, occupy, or control. No other vending stands, vending machines,
				cafeterias, or small business concessions shall be operated on the same
				premises with vending stands, vending machines, cafeterias, or other small
				business concessions operated, or contemplated, under the blind business
				enterprise program, except as provided by
				R.S.
				23:3023.
D.R.S.
				46:2641 provides for the establishment of the
				Blind Vendors Trust Fund.
E.R.S.
				49:950 (et seq.) is the Administrative
				Procedure Act for the authority to promulgate rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:3022.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-509 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				words or terms, when used in this manual, shall have the following meaning
				unless the context clearly indicates otherwise.
Acquired Stock
- that stock in which the
				  licensed manager has accrued equity and which the state licensing agency, in
				  conjunction with the licensed manager or licensed managers involved, has
				  determined is suitable for use. Stock in which the licensed manager has not
				  accrued equity is not acquired stock and remains the property of the state
				  licensing agency.
Act
- the Randolph-Sheppard Vending Facility
				  Act ( Public Law 74-732), as amended by Public Law 83-565 and Public Law
				  93-516, 20 U.S.C., Ch. 6A, Sec. 107
Active Participation
- an ongoing process of
				  good faith negotiations between Louisiana Rehabilitation Services and the
				  Louisiana Blind Vendors elected committee to achieve joint planning of
				  policies, procedures, standards, rules, and regulations affecting the overall
				  operation of the Business Enterprise Program prior to implementation by
				  Louisiana Rehabilitation Services. Louisiana Rehabilitation Services shall have
				  final authority and responsibility in all decisions relative to the
				  administration and operation of the Business Enterprise Program. Active
				  participation shall include the requirements set forth in
				  34 CFR
				  395.14 (b)(1), (3), and (4).
BEP
- the Business Enterprises Program of the
				  state licensing agency which provides self-employment opportunities for
				  qualified persons who are blind.
BEP Administrator
- the person who has
				  responsibility for the operation of the Business Enterprises Program in the
				  state.
Blind Person
- a person who, after
				  examination by a licensed physician skilled in the diseases of the eye or by a
				  licensed optometrist, has been determined to have:
a. not more than 20/100 central visual acuity
				in the better eve with correcting lenses; or
b. an equally disabling loss of the visual
				field as evidenced by a limitation to the field of vision in the better eve to
				such a degree that its widest diameter subtends an angle of no greater than 20
				degrees.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-510 - Promulgation of Business Enterprises Program Policies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rules and procedures, that is, the
				policies governing the administration of the Business Enterprises Program are
				developed and maintained in accordance with the Randolph-Sheppard Act ( 20
				U.S.C.
				Section
				107 et seq.), the
				Rehabilitation Act (  29 U.S.C. 31 - 43), and the Louisiana Administrative
				Procedure Act (R.S.
				49:950 et seq.).
B. The rulemaking authority is Louisiana
				Rehabilitation Services, hereinafter referred to as the state licensing agency
				(SLA). Promulgation of rules and procedures governing the Business Enterprises
				Program follows the process Louisiana Administrative Procedure Act
				(R.S.
				49:950 et seq.).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:3022.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-511 - Policy of Non-Discrimination

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The state licensing agency assures that it shall not exclude from
				participation, deny the benefits of the program or otherwise subject any person
				to discrimination because of the person's gender, age, physical or mental
				impairment, religion, race, creed, national origin, or political affiliation in
				accordance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation
				Act of 1973 as amended, and the Americans with Disabilities Act of
				1990.
B. Every licensed manager of
				a Business Enterprises Program Facility shall operate the business enterprise
				in such a manner that no person shall be subject to discrimination because of
				the person's gender, age, physical or mental impairment, religion, race, creed,
				national origin, or political affiliation whether that person is a present or
				prospective supplier, customer, employee or other individual who might come
				into contact with the enterprise.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 49:664.4 and
				  R.S.
				  36:477.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-513 - Accessibility of Written Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon advance request, all written materials will be provided to each licensed
				manager in a format accessible to that manager, to the extent practical. It is
				the responsibility of the licensed manager to inform the business consultant of
				the accessible format needed.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 49:664.4 and
				  R.S.
				  36:477.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-517 - Management Services Provided by the State Licensing Agency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Overview of
				Management Services. Management services include inspection, quality control,
				consultation, accounting, annual fiscal accountability reviews, regulating,
				in-service training, and other related services on a systematic basis to
				support and improve vending facilities.
B. Technical Assistance Services. The SLA
				shall provide each licensed manager with:
1.
				recommendations for optimizing business enterprise profitability;
2. recommendations and feedback on business
				enterprise operations including quality, service and cleanliness;
3. possible solutions to problems recognized
				by the licensed manager or brought to the licensed manager's attention by BEP
				staff or the grantor;
4. providing
				upward mobility and in-service training; and
5. explanation of the SLA's procedures,
				policies, and standards.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-519 - State Licensing Agency Responsibilities for Business Enterprise Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Business Enterprise Equipment and Fixtures. The SLA will provide each business
				enterprise with fixtures and equipment in such quantity and quality so as to
				give reasonable assurance of successful operation by the licensed
				manager.
B. Additions, Deletions,
				or Modifications to Equipment. The licensed manager will make no additions,
				deletions or modifications to the business enterprise and its operation, in the
				form of equipment, fixtures or facilities, without first obtaining written
				authorization from the SLA.
C.
				Maintenance and Replacement of Business Enterprise Equipment. The SLA shall
				maintain, or cause to be maintained, all business enterprise equipment in good
				repair and in an attractive condition and shall replace or cause to be replaced
				worn-out and obsolete equipment as required to ensure the continued successful
				operation of the business enterprise. (34
				CFR 395.10)
D. Initial Inventory and Supplies. The SLA
				shall provide for initial inventory of merchandise for resale and for operating
				a business enterprise by a licensed manager.
E.Assignment, Transfer of Licensed Managers.
				The SLA will carry out assignment and transfer of licensed managers through
				business enterprise vacancy announcements, eligibility verification, and
				establishing and convening a screening committee.
1. Business Enterprise Vacancy Announcement
a. The SLA will develop minimum
				qualifications specific to the characteristics of the vacant enterprise. These
				minimum qualification will establish the level of accomplishment expected of
				the applicant for the vacant business enterprise in each of the areas to be
				considered by the screening committee as described in §519. E.2 Extra
				consideration will be given to displaced licensed managers:
i. location, type of enterprise, and general
				description of operations;
ii.
				minimum qualifications;
iii. for a
				new enterprise, estimates of monthly net sales based upon potential patronage,
				with disclaimer this estimate is not a guarantee of sales; and
iv. application due date.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-521 - Licensed Managers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Licensing Requirements for Operating a Business Enterprise
1. Definition of License. A license is a
				written instrument issued by the SLA to a licensed manager, authorizing such
				person to operate a business enterprise on federal or other property. (34 CFR
				395.1)
2. Issuance and Conditions of License. A
				license shall be issued by the SLA in accordance with federal regulations
				making the individual eligible to operate a business enterprise. The license
				shall be prominently displayed in the licensed manager's business enterprise.
				The license remains effective for an indefinite length of time, unless
				terminated, suspended, or revoked by the SLA in accordance with state and
				federal regulations. A license issued to a qualified individual is
				non-transferable. (34 CFR
				395.7)  Requirements for the issuance of a
				BEP license are that the individual:
a. must
				be blind as verified by documentation (34 CRF 395.7);
b. must be a U.S. citizen residing in the
				state in which he/she desires to be trained and licensed. Birth certificate or
				other applicable documentation must be submitted with application (34 CFR
				395.7);
c. be at least 18 years of age or
				older;
d. have completed all
				services on the Individualized Written Rehabilitation Program which are
				prerequisite for the training program;
e. have documentation of independent living
				skills;
f. be a high school
				graduate or have a GED;
g. have
				basic math skills; and
h. have
				successfully completed the BEP Training Program.
3. Termination of Agreement or Removal from
				an Enterprise. The SLA may terminate a manager's agreement and/or immediately
				remove the licensed manager from operation of a business enterprise for cause
				shown. Termination of a manager's agreement or removal from operation of a
				business enterprise does not necessarily mean that the manager's license will
				be suspended or terminated. The licensed manager has the right to a full
				evidentiary hearing when dissatisfied with any state licensing agency action in
				accordance with BEP, state, and federal regulations.
4. Termination of License. A license
				automatically expires when the licensed manager is no longer a U.S. citizen, no
				longer meets the definition of legal blindness, surrenders his/her license,
				resigns, retires, or dies. A license may be terminated or suspended by the SLA,
				after affording the licensed manager an opportunity for a full evidentiary
				hearing, in accordance with BEP, state, and federal regulations. [
				34 CFR
				395.7(b)]
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-523 - Operation Standards for Licensed Managers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The licensed manager is expected to
				operate in accordance with the established rules and regulations of the BEP,
				within the terms of the licensed manager's agreement with the SLA and the
				grantor's agreement, contract, or permit. The licensed manager may not act as
				an agent of the SLA. Specifically, the licensed manager will:
1. work cooperatively with authorized
				representatives of the SLA in connection with their official
				responsibilities;
2. operate the
				business enterprise in accordance with all applicable health laws and
				regulations, safety regulations and other federal, state, county, and
				municipality laws and regulations applicable to the business
				enterprise;
3. dress and maintain a
				level of personal hygiene which will convey a positive public image;
4. supervise employees in a manner that
				promotes quality customer service;
5. operate the business enterprise on a cash
				basis unless otherwise authorized by the SLA;
6. arrange for continued operation of the
				enterprise in the case of absences;
7. maintain daily records of gross receipts,
				merchandise purchased, cash on hand, and personal withdrawals from the business
				enterprise, and other records as established by the BEP;
8. maintain and display current licenses and
				permits, including BEP license, in the business enterprise;
9. complete and submit all required federal
				and state reports and payments for each business enterprise;
10. comply with all regulations and laws
				governing the possession and/or use of firearms, weapons, alcohol and other
				drugs; and
11. maintain appropriate
				professional relationships with suppliers, customers, and building officials as
				in §523 B-D.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-525 - Grounds for Suspension or Termination of a License

Current through Register Vol. 50, No. 6, June 20, 2024
A. A BEP license may be suspended or
				terminated for:
1. failure to open the
				assigned business enterprise as stated in the permit/contract with the grantor
				agency, without prior proper approval from the SLA (abandonment of business
				enterprise);
2. defrauding any
				agency of the government (including the SLA) or any supplier or failure to pay
				monies due including taxes, fees, or assessments to any governmental entity or
				supplier;
3. failure to file
				required financial and other records with the SLA or to preserve them for a
				specified time and failure to comply/cooperate with audits conducted by the SLA
				or other state or federal agencies;
4. failure to maintain the required insurance
				coverage;
5. the business
				enterprise is not being operated in accordance with the rules and regulations,
				terms and conditions of the permit with the grantor agency, or the terms and
				conditions of the business enterprise manager's agreement;
6. intentional abuse, neglect, unauthorized
				use or removal of the business enterprise equipment; or failure to properly
				maintain the equipment in a clean and operating manner within the scope of the
				licensed manager's level of maintenance authorization;
7. substance abuse (alcoholic beverages,
				illegal drugs, etc.) while operating the business enterprise; or other
				substance abuse that interferes with the operation of a business
				enterprise;
8. operation of a
				business enterprise in such a way that the SLA's investment is obviously
				endangered;
9. an attempt by a
				licensed manager to derive personal benefit from privileged information
				acquired through participation in the Business Enterprises Program;
10. failure to comply with all federal and
				state laws prohibiting discrimination and failure to assure services without
				distinction on the basis of race, gender, color, national origin, religion,
				age, political affiliation, or disability;
11. determination by the SLA that the
				licensed manager no longer has the necessary skills and abilities for
				effectively managing a business enterprise;
12. use of the business enterprise to conduct
				unlawful activities;
13. failure to
				personally operate and manage the business enterprise in accordance with the
				manager's agreement; or
14. does
				not actively operate a business enterprise in the Business Enterprises Program
				for five years.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 5 - Business Enterprises Program Manual › Section VII-527 - The Elected Committee of Managers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authority for Establishing an Elected
				Committee of Licensed Managers is found in Section 107-B1 of Chapter 6A of
				Title 20 U.S., commonly referred to as the Randolph-Sheppard Act.
B. Paragraphs 527.B.1-2 provide guidance in
				approaching the degree of participation by the ECM.
1.
Active participation
means an ongoing process of good faith negotiations between the ECM and SLA to
				achieve joint planning of policies, procedures, standards, rules and
				regulations affecting the overall operation of the Business Enterprise Program
				prior to implementation by the SLA.
2. The SLA shall have final authority and
				responsibility in all decisions relative to the administration and operation of
				all aspects of the Business Enterprises Program.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-901 - General Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose
				of this program is to further the state of Louisianas policy of encouraging and
				assisting individuals with disabilities to achieve maximum personal
				independence by engaging in useful and productive employment activities and, in
				addition, to provide state agencies, departments, and institutions and
				political subdivisions of the state with a method for achieving conformity with
				requirements of nondiscrimination and affirmative action in employment matters
				related to individuals with disabilities. This program will provide employment
				opportunities for individuals with disabilities, thereby reducing their need
				for financial and other forms of assistance from government.
B. The Program for the Purchase of Goods and
				Services Provided by Individuals with Disabilities created pursuant to
				R.S.
				39:1604.4, which provides that every agency
				gives a preference in its purchasing practices to goods manufactured and
				services performed by individuals with disabilities, shall be called the State
				Use Council for the Purchase of Goods and Services Provided by Individuals with
				Disabilities hereinafter called Council.
C. The Louisiana Department of Health (LDH)
				shall establish a council and the membership of the council shall be determined
				by the secretary of LDH.
D. The
				Council shall be responsible for the implementation, policies, supervision, and
				monitoring of the program including having the authority to designate and
				contract with a central nonprofit agency to assist supported employment
				providers.
E. When contracting with
				a central nonprofit agency, the council shall solicit and evaluate competitive
				sealed proposals pursuant to
				R.S.
				39:1595, at least every five (5)
				years.
F. All suitable goods and
				services approved by the council in accordance with applicable specifications
				by or for any state agency shall be procured from such nonprofit organization,
				program or entity as defined by
				R.S.
				12:201 et seq., where such goods and services
				are available within the period specified at the fair market price unless
				otherwise excluded.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39.1604.4 and
				  R.S.
				  36:254.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-903 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Central Nonprofit Agency (CNA)-
an entity
				  designed as a central nonprofit agency pursuant to RS 39:1604.4.
Community Rehabilitation Program (CRP)-
a
				  government or nonprofit private program operated under criteria established by
				  the council and under which individuals with disabilities produce goods or
				  perform services for compensation.
Council-
when used in these rules shall refer
				  to the Louisiana Department of Health (LDH) State Use Council for the Purchase
				  of Goods and Services Provided by Individuals with Disabilities.
Direct Labor-
all work required for
				  preparation, processing and packaging of a good, or work directly relating to
				  the performance of a service; except supervision, instruction, administration,
				  inspection or shipping goods.
Disability-
a mental or physical impairment,
				  including blindness, that impedes a person who is seeking, entering, or
				  maintaining gainful employment.
Goods Manufactured and Services Performed by
				  Individuals with Disabilities-
goods and services for which not less
				  than 40 percent of the man-hours of direct labor required for manufacture or
				  performance is provided by individuals with disabilities.
Individuals with Disabilities-
individuals
				  with a physical, behavioral, developmental, intellectual, sensory, mental, or
				  addictive disorder which constitutes a substantial obstacle to their employment
				  and is of such a nature as to prevent an individual from engaging in normal
				  competitive employment.
Supported Employment Provider-
a nonprofit
				  organization, program or entity that:
1. as defined by
				  R.S.
				  12:201 et seq. operates in the interests of
				  individuals with disabilities and provides gainful, competitive, integrated
				  employment for individuals with disabilities, and the income of which does not
				  inure in whole or part to the benefit of any shareholder or other private
				  individual, in compliance with a central nonprofit agency for individuals with
				  disabilities and
2. complies with any applicable occupational health and
				  safety standards provided by the statutes or regulations of this state or of
				  the United States.
3. in Fiscal Years 2019-2020 and 2020-2021, supported
				  employment provider shall also include any sheltered workshop transitioning to
				  a supported employment provider as defined above.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39.1604.4 and
				  R.S.
				  36:254.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-905 - Organization of the Council

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				council will be composed of no more than nine members to be known as the
				Council on the Purchase of Goods and Services of Individuals with Disabilities,
				including three state agency members and up to six appointed members. The state
				agency members shall be the director of State Purchasing of the Division of
				Administration or their designee; and the assistant secretary of the Office for
				Citizens with Developmental Disabilities, Louisiana Department of Health (LDH)
				or their designee; and the director of Louisiana Rehabilitation Services or
				their designee. The six appointed members shall be recommended by the Council
				on the Purchase of Goods and Services of Individuals with Disabilities and
				approved by the secretary of the LDH. A chairman shall be recommended by the
				council to the secretary of the LDH for appointment.
B. Reimbursement for necessary expenses
				actually incurred in the performance of services in connection with the work of
				the council will be made as authorized by the secretary of LDH.
C. The act of a majority of the members
				present at a meeting at which a quorum is present shall be the act of the
				council.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1604.4 and
				  R.S.
				  36:254.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-907 - Duties and Responsibilities of the Council

Current through Register Vol. 50, No. 6, June 20, 2024
A. The duties and responsibilities of the
				council are:
1. to coordinate and facilitate
				the carrying of
				R.S.
				39:1604.4 and
				R.S.
				38:2261;
2. to certify eligibility of programs for
				participation;
3. to suspend and
				reinstate a supported employment provider;
4. to solicit and evaluate competitive sealed
				proposals pursuant to
				R.S.
				39:1595 at least every five years to
				designate and contract with a central nonprofit agency to assist the Council in
				performing its functions;
5. to act
				on recommendations of the central nonprofit agency.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-909 - Certification of Eligibility of Participating Supported Employment Provider

Current through Register Vol. 50, No. 6, June 20, 2024
A. The council
				shall certify each supported employment provider making application for
				participating in the Program for the Purchase of Goods and Services Provided by
				Individuals with Disabilities.
1. The
				applicant meets the necessary definition of a supported employment provider as
				defined in
				R.S.
				39:1604.4.
2. The applicant meets the necessary
				definition of a central nonprofit agency as outlined in
				R.S.
				39:1604.4, only if central nonprofit agency
				status is a requirement that the program must have obtained to function legally
				as a supported employment provider under federal and/or state statutory
				requirements.
3. The applicant
				conforms to the requirement for goods manufactured and services performed by
				individuals with disabilities as defined in
				R.S.
				39:1604.4.
4. The applicant has demonstrated to the
				Council's satisfaction that it is capable of providing goods and services for
				sale to the state that conform to the criteria for same, as established by the
				rules pursuant to
				R.S.
				39:1604.4.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-913 - Suspension and Reinstatement of a Supported Employment Provider

Current through Register Vol. 50, No. 6, June 20, 2024
A. The council,
				after notice and a hearing may suspend a supported employment provider from its
				right to receive purchase orders from this program for suitable goods and
				services under any or all of the following circumstances:
1. failure of delivered goods and services to
				meet or exceed specification;
2.
				failure to deliver ordered goods and services as required in the
				specifications.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-915 - Value Added

Current through Register Vol. 50, No. 6, June 20, 2024
A. A supported
				employment provider may not act merely as a receiving and shipping facility,
				except under circumstances as approved by the council.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1604.4 and
				  R.S.
				  36:254.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-917 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The appropriate
				purchasing agency, at its option, may monitor supported employment provider
				manufacturing activities for compliance with specifications under existing
				contracts.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1604.4 and
				  R.S.
				  36:254.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-919 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The records of
				the council and of any nonprofit agency participating in this program which
				pertain to state purchases of the goods and services of individuals with
				disabilities, shall be made available upon request to the inspection of
				representatives of the Legislative Auditor, Office of the Inspector General,
				the Division of Administration, Office of Planning and Budget, or the
				Legislative Fiscal Office on the assurance that the information will be
				safeguarded, used only for the purpose for which provided, and not released to
				unauthorized persons.
B. A request
				for information for other records of the council which identifies individuals
				with disabilities as a state agency client or former client will be forwarded
				to LDH for review.
C. LDH is the
				depository for all records concerning the Council's operations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1604.4 and
				  R.S.
				  36:254.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 9 - Council on the Purchase of Goods and Services of Individuals with Disabilities › Section VII-921 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Exceptions from
				the operation of the mandatory provisions of these rules may be made in any
				case where under the rules of the state purchasing agency, the goods or service
				so produced or provided does not meet the reasonable requirements of the
				office, department, institution, or agency.
B. No office, department, institution, or
				agency may evade the intent of these rules by slight variations from standards
				adopted by the appropriate purchasing agency, when the goods or services
				produced or provided by individuals with disabilities, in accordance with
				established standards, are reasonably adapted to the actual needs of the
				office, department, institution, or agency.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 39:1504.4 and
				  R.S.
				  36:254.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 11 - State Personal Assistance Services Program › Section VII-1101 - Mission

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				Statement. The legislature of Louisiana recognizes the right of people with
				significant physical disabilities to lead independent and productive lives and
				further recognizes that persons with significant disabilities require personal
				assistance to meet tasks of daily living and, in many cases to avoid costly
				institutionalization. The creation of the State Personal Assistance Services
				Program, hereafter referred to as the SPAS Program, is to provide state
				personal assistance services to persons with significant disabilities in order
				to support and enhance their employability and/or to avoid inappropriate and
				unnecessary institutionalization. The mission of the SPAS Program is to provide
				for an orderly sequence of services to those persons who are determined
				eligible for the program.
B.
				Program Administration. The Department of Social Services, through Louisiana
				Rehabilitation Services (LRS), is responsible for the administration of the
				SPAS Program.
C. The Manual's
				Function. This manual sets forth the policies of LRS in carrying out the
				agency's mission, specifically as this mission relates to the SPAS
				Program.
D. Exceptions. The
				secretary or secretary's designee shall have the sole responsibility for any
				exceptions to this policy manual.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 49:664.6 and
				  R.S.
				  36:477.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 11 - State Personal Assistance Services Program › Section VII-1103 - Enabling Legislation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Louisiana Revised Statutes
1. Act 653,
				Chapter 27-A of Title 46 of the Louisiana Revised Statutes of 1950, comprising
				R.S. 46:2116
				through 2116.5 relative to PCA services for individuals with significant
				disabilities.
2. Act 617 of the
				2006 Legislative Session amending
				R.S. 46:2116,
				2116.1(2),(3)(intro para), (3)(e) and (5), 2116.2(A) and (B)(1), (2), (3) and
				(4), (C)(intro para) and(C)(1) and (2), 2116.3(A), 2116.5(A) and (D).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 11 - State Personal Assistance Services Program › Section VII-1105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				terms, when used in this manual, shall have the meaning, unless the context
				clearly indicates otherwise.
Consumer-Directed
-the consumer/recipient of
				  personal assistance services, as provided by the SPAS Program, will direct,
				  supervise, hire and discharge his/her personal attendant.
Contractor/Fiscal Agent
-service
				  provider(s).
Department
-the Department of Social
				  Services.
Evaluation Team
-the individuals who
				  determine the eligibility of individuals with significant disabilities for
				  state personal assistance services and shall be designated by the Director of
				  Louisiana Rehabilitation Services.
Individual with Significant Disabilities
-an
				  individual with loss of sensory or motor functions interfering with activities
				  of daily living to the extent that the person requires assistance with
				  non-medical personal care needs, domestic or cleaning needs, dressing and
				  undressing, moving into and out of bed, transferring, ambulation, related
				  services including but not limited to meal preparation, laundry, and grocery
				  shopping, and other similar activities of daily living.
PA
-personal assistance.
Secretary
-the Secretary of the Department of
				  Social Services.
State Personal Assistance Services (SPAS)
				  Program
-service
s
which are required by individuals
				  with significant disabilities between 18 and 60 years of age to achieve greater
				  physical independence and which include but are not limited to services related
				  to:
a. routine bodily functions, such as bowel or bladder
				  care;
b. dressing;
c. preparation and consumption of food;
d. housecleaning and laundry;
e. moving in and out of bed; transferring;
f. routine bathing;
g. ambulation;
h. any other similar activity of daily
				  living.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 49:664.6 and
				  R.S.
				  36:477.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part VII - Rehabilitation Services › Chapter 11 - State Personal Assistance Services Program › Section VII-1107 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Nondiscrimination
1. All programs
				administered by and all services provided by the agency shall be rendered on a
				non-discrimination basis without regard to race, creed, color, sex, religion,
				age, national origin, or status with regard to public assistance in compliance
				with all appropriate state and federal laws and regulations.
2. Discrimination Prohibited. Title VI of the
				Civil Rights Act of 1964 states:
"No person in the United States shall, on the grounds of
				  race, color or national origin, be excluded from participation, be denied the
				  benefits of, or be subject to discrimination under any program or activity
				  receiving federal financial assistance."