reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-10 - SETTING ASIDE OF FUNDS

Current through 2024-29, July 17, 2024
1. The SLA shall
				establish in writing the extent to which funds are to be set aside from the net
				proceeds of vending facilities; and, to the extent applicable, from vending
				machine income under 34 CFR
				§
										395.8(c).
2. Funds may be set aside under this section
				only for the purposes of:
A. Maintenance and
				replacement of equipment;
B.
				Purchase of new equipment;
C.
				Management services;
D. Fair
				minimum return to managers; or
E.
				Establishment and maintenance of retirement or pension funds, health insurance
				contributions, paid sick leave and vacation time, if it is determined by a
				majority vote of managers and those who are licensed and authorized to operate
				a facility after the agency provides each manager information on all matters
				relevant to the proposed purposes.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-11 - DISTRIBUTION AND USE OF INCOME FROM VENDING MACHINES ON FEDERAL PROPERTY

Current through 2024-29, July 17, 2024
The distribution and use of income from vending machines on
				  federal property shall be made in accordance with
				  34 C.F.R. §
										395.8
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-12 - EMPLOYEES

Current through 2024-29, July 17, 2024
1. Each manager shall determine if it is
				necessary to hire employees. The manager shall review need with SLA. If it is
				determined that there is not sufficient need (based upon number of customers
				and size of facility), wages paid to an employee shall not be allowed as an
				operating expense for the business. Factors considered include disability
				related accommodations, change in facility size or customer base. When
				possible, such employees shall be blind. All facilities will operate as
				competitive integrated worksites. The manager shall not depend on the goodwill
				or friendly services of the employees of the building to operate the facility
				during any absence.
2. Each manager
				shall locate and train at least one substitute for vacation, during illness or
				any period when an emergency substitute is necessary. The manager shall provide
				SLA with the name, address and telephone number of substitutes.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-13 - ELECTION, ORGANIZATION AND FUNCTION OF STATE COMMITTEE OF BLIND MANAGERS

Current through 2024-29, July 17, 2024
1. All facility managers are members of the
				State Committee of Blind Managers. The State Committee shall meet at least
				twice a year and at any other time deemed necessary by the SLA or the facility
				managers. Attendance at all meetings shall be one measure of good standing for
				transfer or promotion. Between regular meetings of the State Committee,
				functions can be carried on through sub-committees or individual members
				designated by the Committee Chair for that purpose.
2. The SLA shall provide for the biennial
				election of an Executive Committee which, to the extent possible, shall be
				fully representative of all managers in the program on the basis of geography
				and facility type with a goal of providing for proportional representation of
				managers on federal property and managers on other property. Participation by
				any manager in any election shall not be conditioned upon the payment of dues
				or any other fees.
3. The State
				Committee of Blind Managers shall:
A. Actively
				participate with the SLA in major administrative decisions; policy and program
				development decisions affecting the overall administration of the State's
				Business Enterprise Program, including the set-aside rate;
B. Receive and transmit to the SLA grievances
				at the request of managers and serve as advocates;
C. Actively participate with the SLA in the
				development and administration of a system for the transfer and promotion of
				managers;
D. Actively participate
				with the SLA in the development of training and retraining programs for
				managers; and
E. Sponsor, with the
				assistance of the SLA, meetings and instructional conferences for managers
				within the State.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-14 - ADMINISTRATIVE REVIEW, EVIDENTIARY HEARING, ARBITRATION OF MANAGERS' COMPLAINTS

Current through 2024-29, July 17, 2024
1. Administrative
				Review. A facility manager or their designee (who may be a member of the State
				Committee of Blind Managers) may request administrative review of a state
				agency action arising out of the operation or administration of the vending
				facility program with which the manager is aggrieved. This request must be made
				in writing within fifteen (15) days of the occurrence of the SLA action.
A. The administrative review shall be held at
				a time and place convenient to the manager requesting such review within
				fifteen (15) days of receipt of the request for review unless the manager
				requests a postponement. The administrative review shall be conducted by a
				member or members of the DBVI staff who did not in any way participate in the
				agency action at issue.
B. If the
				manager makes a written request reasonably in advance of the review and if the
				SLA determines it is necessary to ensure full participation by the manager in
				the review, transportation, reader, or other communication services shall be
				arranged for the manager by the SLA.
C. The SLA shall include in its
				administrative record the request for review, any documentation offered by the
				manager in support of their claims, and its written decision rendered after
				administrative review.
D. If the
				manager is dissatisfied with the administrative review decision, they may
				request a full evidentiary hearing within fifteen (15) days of receipt of the
				administrative review decision. The request must be made in writing, either
				hard copy or electronically.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-15 - DISPUTE RESOLUTION

Current through 2024-29, July 17, 2024
A. INTERAGENCY
In instances of interagency conflict, the process and
				  procedures as outlined in this section are to ensure services and opportunities
				  outlined in State statute and these Rules are neither delayed nor denied due to
				  the conflict. These conflicts may include issue of compliance with federal and
				  State statutory and regulatory expectations.
The following steps shall be taken to resolve an interagency
				  dispute:
(1) All attempts should be
				made to resolve disputes at the lowest operational level. This may include the
				BEP Administrator, Division Director, Facility point of contact or other
				Persons.
(2) When disputes cannot
				be resolved at the lowest operational level in a reasonable time, they shall be
				referred in writing to the Bureau of Rehabilitation Services
				Director.
(3) If resolution is not
				achieved within thirty (30) calendar days of receipt, the matter shall be
				referred to the Commissioner of the Department of Labor, or equivalent, and the
				State Agency and the entity responsible for the public property, for
				resolution.
(4) In lieu of or in
				addition to, any of the above steps, the parties may mutually agree to engage
				in alternative dispute resolution, including mediation or
				arbitration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-16 - ACCESS TO PROGRAM FINANCIAL INFORMATION

Current through 2024-29, July 17, 2024
The SLA shall provide access to all financial data relevant
				  to the operation of the Business Enterprise Program, including quarterly and
				  annual financial reports, if such disclosure does not violate applicable
				  federal or state laws pertaining to the disclosure of confidential information.
				  All information including program data, insofar as is practicable, shall be
				  transmitted to licensed vendors in Braille, tape or their desired media
				  format.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-17 - EXPLANATION TO MANAGER OF RIGHTS AND RESPONSIBILITIES

Current through 2024-29, July 17, 2024
The SLA will furnish to each manager copies of documents
				  relevant to the operation of a vending facility, including the rules and
				  regulations and operations agreement in an accessible format, during the
				  initial exploration phase of BEP as their employment goal.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-18 - FAMILIARITY WITH SITE REQUIREMENTS

Current through 2024-29, July 17, 2024
1. Before a
				manager is issued a license to operate a vending facility, the SLA shall review
				policy and procedures contained herein, and all applicable regulations and
				standards of the agency having charge of the building where the business is
				located, shall be read and explained to the facility manager. The facility
				manager shall be given ample opportunity to understand the relationships, which
				shall exist between him/her and the SLA.
2. After becoming familiar with all the
				regulations and standards, the facility manager shall attest to this fact in
				writing. This statement shall be made in duplicate in an accessible
				format.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-19 - STATE SALES TAX

Current through 2024-29, July 17, 2024
State sales tax is to be collected in accordance with State
				  of Maine Sales and Use Tax Law and regulations issued by Maine Revenue
				  Services. Facility managers are required to submit the amount of sales tax
				  collected under their tax number in accordance with Maine
				  law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-20 - VACATION

Current through 2024-29, July 17, 2024
The vacation period of facility managers will be by joint
				  agreement with the manager, building manager and the SLA. Generally,
				  arrangements should be made for the facility to be open during the individual
				  manager's vacation period, except when specific arrangements are made with the
				  parties involved. No vacation request shall be unreasonably or arbitrarily
				  denied.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-21 - INSURANCE*

Current through 2024-29, July 17, 2024
1. In order to safeguard the interest of the
				facility manager and the public, liability insurance is required for all
				locations. Minimum coverage recommended is coverage of personal injury on the
				premises, product liability and medical payment as a result of an accident
				occurring to members of the public on premises. Minimum limits shall be
				pursuant to the state regulations. No other liability insurance shall be
				mandated to the manager unless required by law.
2. It shall be the duty of the facility
				manager to report in writing as soon as practicable, to insurer and to SLA the
				occurrence of any accident or if a claim or suit is brought against the
				manager.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-22 - MANAGER EVALUATIONS

Current through 2024-29, July 17, 2024
1. Each facility
				manager shall be evaluated, using a written evaluation form, by a
				representative of the SLA at least one time per year after the probationary
				period. Areas of evaluation may include sanitation, merchandising, customer
				relations, personal appearance, sales technique, accuracy of monthly reports,
				profit margins, and general efficiency. The purpose of this evaluation is to
				assist managers in areas of their business which need improvement. Evaluations
				may also serve as a basis for termination of license or as a basis for
				promotion to other facilities. Facility managers shall receive a copy of the
				evaluation; the original shall be kept on file by the SLA.
2. The SLA, at any time, may review all
				financial information relative to the location. This may include, but not be
				limited to, merchandise receipts, payroll records, and sales tax
				payments.
3. The SLA has the right
				to close any facility that operates at a loss for a period of six months or
				longer.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-23 - CIVIL RIGHTS

Current through 2024-29, July 17, 2024
No person participating in the Business Enterprise Program
				  shall be subjected to discrimination by the SLA on the basis of race, color,
				  religion, gender, age, national origin, physical or mental disability, or
				  sexual orientation, political affiliation and in compliance with the Maine
				  Human Rights Act.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED › Section 150-101-2 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
1.
Informed Written Consent
All client/applicant information acquired by the VR program
				  shall remain the property of DBVI and shall only be used and released for
				  purposes directly connected with the administration of the VR program. Use and
				  release of personal information acquired by DBVI VR shall conform with
				  applicable state and federal regulations, including complying with performance
				  accountability requirements under the Act, to include
				  29 U.S.C. §
											726.
For purposes of this policy, informed written consent
				  shall:
A. be in language that the
				individual or his/her representative understands;
B. be signed and dated by the individual or
				his/her representative;
C. be
				specific in designating DBVI as the agency or person authorized to disclose
				information;
D. be specific as to
				the nature of the information which may be released;
E. specifically designate the parties to whom
				the information may be released; and
F. be specific as to the purpose(s) for which
				the released information may be used.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED › Section 150-101-4 - APPLICATION AND ELIGIBILITY

Current through 2024-29, July 17, 2024
1.
Application for DBVI VR Services
An applicant is anyone who signs a dated application or
				  dated document requesting services. Any individual who applies for services
				  shall undergo an assessment for determining eligibility, with the individual
				  being notified in writing of the results. Applicants shall receive written
				  notification of appeals rights along with the determination, including the name
				  and address of the person with whom an appeal may be filed and availability of
				  the Client Assistance Program.
2.
Eligibility Criteria
An individual is eligible for DBVI VR if the
				  individual:
A. has a significant
				visual impairment, which for the individual constitutes or results in a
				substantial impediment to employment; Note: Substantial impediment to
				employment means that a visual impairment hinders an individual from preparing
				for, engaging in, retaining, or advancing in employment consistent with the
				individual's abilities and capabilities and
B. requires vocational rehabilitation
				services to prepare for, secure, retain, advance or regain employment
				consistent with the applicant's unique strengths, resources, priorities,
				concerns, abilities, capabilities, interests, and informed choice. Required VR
				services must be necessary to overcome disability related barriers. Lack of
				resources by itself does not constitute a disability related barrier.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED › Section 150-101-5 - COMPREHENSIVE ASSESSMENT OF REHABILITATION NEEDS

Current through 2024-29, July 17, 2024
For individuals who have been determined eligible for DBVI
				  VR services, a Comprehensive Assessment of Rehabilitation Needs (CARN)shall be
				  conducted to determine the goals, objectives, nature and scope of vocational
				  services to be included in the IPE. To the extent that additional data is
				  necessary, the CARN may include trial work experiences and assessment of the
				  unique strengths, resources, priorities, interests, and needs, including the
				  need for supported employment services, in the most integrated setting
				  possible, consistent with the informed choice of the individual. The
				  Comprehensive Assessment of Rehabilitation Need will be limited to information
				  that is necessary to identify the rehabilitation needs of the individual and to
				  develop an IPE. The CARN will be reviewed and updated as appropriate prior to
				  any significant changes to the IPE.
1.
Sources of Information
The CARN will use, as a primary source of information, to
				  the maximum extent possible and appropriate, and in accordance with
				  confidentiality requirements, the following:
A. existing information;
B. information provided by the individual
				and, where appropriate, by the family of the individual.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED › Section 150-101-6 - ORDER OF SELECTION

Current through 2024-29, July 17, 2024
If services cannot be provided to all eligible individuals
				  who apply, Order of Selection procedures must be implemented. After determining
				  eligibility, counselors must assign one of two priority categories and follow
				  the Order of Selection for provision of services. Individuals whose
				  Individualized Plan for Employment(IPE) has been developed and signed prior to
				  the date of implementation of the Order of Selection will continue to receive
				  cost services. DBVI will notify all eligible individuals of the priority
				  categories in the Order of Selection. DBVI will also inform the individual of
				  his/her right to appeal any decision. Such appeal must be in writing. Eligible
				  individuals in priority categories not currently being served will be notified
				  in writing of their assignment to a particular category and their right to
				  appeal their category assignment.
1.
Criteria for Assignment of Priority Category
Individuals with disabilities shall be served by date of
				  application within the following priorityorder categories:
A. An individual with the most significant
				visual impairment is an individual:
(1) who
				sevisual impairment is of a permanent, chronic or cyclical nature;
				and
(2) who has a significant
				visual impairment (and in addition may include physical and/or mental
				impairment) that seriously limits two or more functional capacities (mobility,
				communication, self- care, self-direction, interpersonal skills, work
				tolerance, or work skills) in terms of employment outcome; and
(3) whose vocational rehabilitation can be
				expected to require multiple vocational rehabilitation services over an
				extended period of time.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED › Section 150-101-7 - INDIVIDUALIZED PLAN FOR EMPLOYMENT (IPE)

Current through 2024-29, July 17, 2024
1.
Elements of an IPE
An Individualized Plan for Employment (IPE) shall be agreed
				  upon and signed by the individual with a visual impairment and, as appropriate,
				  the authorized representative of the individual and the DBVI VR counselor
				  within a counseling and guidance relationship. The IPE shall be designed to
				  achieve competitive integrated employment for the individual, consistent with
				  the unique strengths, resources, priorities, concerns, abilities, capacities,
				  career interests and informed choice of the individual. The case record must
				  support the selection of the vocational goal. DBVI VRcounselors shall provide a
				  copy of the IPE and any amendments to the eligible individual. DBVI VR goods
				  and services may only be provided in accordance with the IPE. The IPE is not a
				  legal contract between the DBVI VR program and the eligible individual.
				  Individuals shall receive written notification of appeal rights, including the
				  name and address of the person with whom an appeal may be filed, and the
				  availability of the Client Assistance Program during IPE development and
				  whenever DBVI VR services are reduced, suspended, or terminated.
2.
Standards for Development
				and Review of the IPE
The Individualized Plan for Employment must be developed as
				  soon as possible, but not later than 90 days after the date of determination of
				  eligibility, unless the DBVI and the eligible individual agree to the extension
				  of that deadline to a specific date by which the individualized plan for
				  employment must be completed.
3.
Options for Developing an IPE
The eligible individual, and the individual's representative,
				  will be provided information on the individual's options for developing the
				  IPE. DBVI will not pay for an agency or a representative to develop an IPE. The
				  options for developing all or part of the IPE include the following:
A. With assistance from a DBVI VR counselor,
				to the extent determined to be appropriate by the individual;
B. With technical assistance from the DBVI VR
				Program or other representatives selected by the individual; or C. The
				individual alone without assistance.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED › Section 150-101-8 - COMPARABLE SERVICES AND BENEFITS AND PARTICIPATION BY INDIVIDUALS WITH VISUAL IMPAIRMENT IN THE COST OF VR SERVICES

Current through 2024-29, July 17, 2024
1. If an
				eligible individual wishes to financially participate in a service consistent
				with the IPE, it shall be documented in the IPE.
2. If comparable services and benefits are
				available to the eligible individual, they must be utilized to meet, in whole
				or part, the cost of vocational rehabilitation services. If comparable services
				or benefits exist under any other program, but are not available to the
				individual at the time needed to satisfy the rehabilitation objectives in the
				individual's IPE, DBVI shall provide vocational rehabilitation services until
				those comparable services and benefits become available. The utilization of
				comparable services and benefits do not apply in the following situations:
A. if the determination of the availability
				would delay the provision of vocational rehabilitation to any eligible
				individual with visual impairment who is at extreme medical risk, based upon
				medical evidence provided by an appropriate qualified medical professional;
				or
B. if an immediate job placement
				would be lost due to a delay in the provision of comparable benefits.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED › Section 150-101-10 - CLOSURE

Current through 2024-29, July 17, 2024
The counselor shall close an individual's case record at any
				  time in the DBVI VR process when it is determined that the individual is no
				  longer eligible, is unavailable for diagnostic or planned services, chooses not
				  to participate, or is rehabilitated.
1.
Ineligibility
A. The person has no visual impairment or
				substantial impediment to employment, or the individual does not require DBVI
				VR services to achieve an employment outcome, or is unwilling to consider
				employment in an integrated setting.
Requires:
(1)
				Opportunity for the individual's or his/her representative's participation in
				closuredecision;
(2) Written
				notification of closure decision;
(a) Written
				notification of appeal rights, including the name and address ofthe person with
				whom an appeal may be filed, and of the availability of the Client Assistance
				Program;
(b) IPE amendment, if
				appropriate;
(c) Certification of
				ineligibility in case record that documents the reasons for closure and is
				dated and signed by the counselor;
(d) Referral to other agencies and community
				rehabilitation programs, as appropriate.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 105 - INDEPENDENT LIVING SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED PROGRAM RULES › Section 150-105-1 - PURPOSE AND GENERAL REQUIREMENTS OF THE BLIND INDEPENDENT LIVING SERVICES PROGRAM

Current through 2024-29, July 17, 2024
The Program assists eligible blind persons to overcome
				  substantial barriers to functioning independently in family or community. The
				  process is based upon a Service Plan which is a written document oriented to
				  the achievement of independent living goals which will enable a blind or
				  visually impaired individual to secure a level of independent living consistent
				  with his or her current capacities and abilities. Services provided to blind or
				  visually impaired individuals must be necessary and must be provided as cost
				  effectively as possible. All services require participation of the consumer.
				  The Program is operated consistent with the federal Rehabilitation Act of 1973,
				  as amended.
1. Eligibility is
				determined without regard to sex, race, creed, age, color or national origin.
				There is no residency requirement, durational or other, which would exclude
				from services an otherwise eligible individual who is living in the
				state.
2. The Program shall process
				referrals in an equitable and expeditious manner, and shall provide services
				consistent with agency resources.
3. The Program will establish and maintain a
				case record for each applicant for, and recipient of, independent living
				rehabilitation services. The case record will contain all required
				documentation.
4. The Program staff
				shall be responsible for providing any and all data necessary to comply with
				Maine and federal agency reporting requirements.
5. In the purchase of goods or services for
				blind or visually impaired individuals, DBVI staff who manages Program funds
				shall comply with the prevailing fee schedule and applicable regulations of the
				Maine Department of Labor and the Department of Administrative and Financial
				Services. Case service expenditures require written authorization of case
				managers prior to the initiation of the services or the purchase of any
				commodities. The Program will purchase goods and services only from vendors who
				meet state licensure or certification requirements, where applicable. Education
				and training institutions must be accredited by an authorized organization or
				approved by appropriate state or federal agencies. When appropriate, the
				Program staff shall provide the referral necessary to support blind individuals
				in securing needed services from other agencies and organizations.
6. Each applicant or individual being
				provided independent living services shall be informed of the procedure for
				requesting a review and a redetermination of agency action concerning the
				furnishing or denial of services, including the names and addresses of
				individuals with whom appeals may be filed and of the availability of the
				Client Assistance Program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 105 - INDEPENDENT LIVING SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED PROGRAM RULES › Section 150-105-2 - ELIGIBILITY DETERMINATION

Current through 2024-29, July 17, 2024
1. Application for
				Services
Any person who applies for services shall undergo an
				  eligibility determination, the results of which shall be shared with the
				  individual. An applicant is anyone who signs a dated application or letter
				  requesting independent living services. Applicants shall receive written
				  notification of appeal rights, including the name and address of the person
				  with whom the appeal may be filed, and availability of the Client Assistance
				  Program.
2. Eligibility
				determinations shall be made based on the following requirements:
A. The individual must have less than 20/70
				vision in the better eye with best correction or less than 20-degree fields
				and/or a significant functional impairment directly related to the visual
				limitations.
B. Blindness services
				are reasonably expected to significantly assist the individual to improve his
				or her ability to function independently in family or community. Improvement in
				ability to function independently in family or community refers to a
				demonstration in functional or behavioral terms of an individual's greater
				independence or maintenance of independence in such areas as self-care,
				activities of daily living, leisure activities, communication, or orientation
				and mobility.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 105 - INDEPENDENT LIVING SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED PROGRAM RULES › Section 150-105-3 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
1. Release of Information
All personal information acquired by the Program shall be
				  used and released only for purposes directly connected with the administration
				  of the Independent Living Program. Use and release of personal information
				  acquired by the Program shall conform with applicable federal regulations and
				  state laws. The Program shall release information only upon informed written
				  consent of the individual.
For purposes of this policy, informed written consent shall
				  mean a document that:
A. Is in
				language that the individual understands;
B. Is signed and dated;
C. Is specific in designating DBVI as the
				agency or person authorized to disclose information;
D. Is specific as to the nature of the
				information which may be disclosed;
E. Specifically designates the parties to
				whom the information may be disclosed; and
F. Is specific as to the purpose(s) for which
				the released information may be used.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 105 - INDEPENDENT LIVING SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED PROGRAM RULES › Section 150-105-4 - INDEPENDENT LIVING SERVICE PLAN

Current through 2024-29, July 17, 2024
A Service Plan shall be jointly developed with the individual
				  and designed to identify independent living goals and the services necessary to
				  meet these goals. The goals should be consistent with the individual's
				  capacities and abilities. The Service Plan is not a legal contract between DBVI
				  and the individual.
The Service Plan shall document the following:
1. Independent living goals established with
				the individual;
2. Specific
				services to be provided in order to achieve the established goals;
3. That the blind or visually impaired
				individual has been informed of his/her rights and the means by which the
				individual may express and seek remedy for any dissatisfaction, as described in
				this chapter and that the individual has been provided a detailed explanation
				of the Client Assistance Program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 105 - INDEPENDENT LIVING SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED PROGRAM RULES › Section 150-105-5 - SCOPE OF SERVICES

Current through 2024-29, July 17, 2024
The Service Plan may include the following services:
1. Counseling and guidance;
2. Advocacy necessary to help individuals
				secure service from other agencies;
3. Rehabilitation teaching services
4. Orientation and mobility
				services;
5. Braille
				instruction;
6. Low vision
				services; and
7. Technological aids
				and assistive device training.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 105 - INDEPENDENT LIVING SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED PROGRAM RULES › Section 150-105-6 - CLOSURE

Current through 2024-29, July 17, 2024
An individual's case may be closed at any time, with the
				  involvement of the individual, if it is determined that:
1. The Service Plan has been completed to the
				extent possible; or
2. The
				individual has been found to be ineligible
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 1 - Division of Vocational Rehabilitation Services Rules › Section 152-1-2 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
All client/applicant information acquired by Maine DVR shall
				  remain the property of Maine DVR and shall only be used and released for
				  purposes directly connected with the administration of the Division of
				  Vocational Rehabilitation program. Use and release of personal information
				  acquired by Maine DVR shall conform with applicable state and federal
				  regulations, including complying with performance accountability requirement
				  under the Act, including
				  29 U.S.C. §
										726.
1. For purposes of this policy, informed
				written consent shall:
A. be in language that
				the individual or his/her representative understands;
B. be signed by the individual or his/her
				representative and dated;
C. be
				specific in designating Maine DVR as the agency or person authorized to
				disclose information;
D. be
				specific as to the nature of the information which may be released;
E. specifically designate the parties to whom
				the information may be released; and
F. be specific as to the purpose(s) for which
				the released information may be used.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 1 - Division of Vocational Rehabilitation Services Rules › Section 152-1-4 - APPLICATION AND ELIGIBILITY

Current through 2024-29, July 17, 2024
1. Application for
				DVR Services
An applicant is anyone who signs a dated application or
				  dated document requesting services. Any individual who applies for services
				  shall undergo an assessment for determining eligibility, with the individual
				  notified in writing of the results. Applicants will receive written
				  notification of appeals rights, including the name and address of the person
				  with whom an appeal may be filed, and the availability of the Client Assistance
				  Program.
2. Eligibility
				Criteria
An individual is eligible for DVR services if the
				  individual:
A. has a physical or
				mental impairment which, for the individual, constitutes or results in a
				substantial impediment to employment Note: Substantial impediment to employment
				means that a physical or mental impairment that hinders an individual from
				preparing for, engaging in, or retaining employment consistent with the
				individual's abilities and capabilities and,
B. requires vocational rehabilitation
				services to prepare for, secure, retain, or regain employment consistent with
				the applicant's unique strengths, resources, priorities, concerns, abilities,
				capabilities, interests, and informed choice. Required VR services must be
				necessary to overcome disability related barriers. Lack of resources by itself
				does not constitute a disability related barrier.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 1 - Division of Vocational Rehabilitation Services Rules › Section 152-1-5 - ORDER OF SELECTION

Current through 2024-29, July 17, 2024
1. If services
				cannot be provided to all eligible individuals who apply, the Director of DVR
				will implement an Order of Selection as set forth in this section. After
				determining eligibility, counselors must assign a priority category and follow
				the Order of Selection set forth below for the provision of services.
				Individuals whose IPE has been developed and signed prior to the date of
				implementation of the Order of Selection will continue to receive cost
				services. Maine DVR will notify all eligible individuals of the priority
				categories in the Order of Selection. Eligible individuals in priority
				categories not currently being served will be notified in writing of their
				assignment to a particular category and their right to appeal their category
				assignment.
2. The priority
				category shall be assigned, based on their level of significance of disability
				into one of four Priority Categories: Priority Category # 1, "individual with a
				most significant disability"; Priority Category # 2, "individual with a
				significant disability"; Priority Category # 3, "individual with a significant
				disability"; or Priority Category # 4, "all other eligible individuals" as set
				forth below.
3. Individuals with
				disabilities shall be served first based on significance of disability and
				second by date of application in the following priority order:
A. Priority Category # 1: Individual with a
				most significantly disability" means an eligible individual who meets the
				following criteria:
(1) who has a serious
				limitation in terms of an employment outcome in four or more functional
				capacity areas. Functional capacity areas are; mobility, work tolerance,
				communication, self-care, interpersonal skills, self-direction cognition and
				learning or work skills. "Serious limitation in terms of an employment outcome"
				means a reduction of one's capacity to perform, due to severe physical or
				mental impairment, to the degree that the individual requires services or
				accommodations in order for the individual to work or be a fully functioning
				member of the community;
(2) whose
				vocational rehabilitation can be expected to require multiple vocational
				rehabilitation services, meaning two or more core vocational rehabilitation
				services as outlined in Section
				9 of this rule, services 9.1 through
				9.14; and
(3) whose vocational
				rehabilitation can be expected to require an extended period of time.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 1 - Division of Vocational Rehabilitation Services Rules › Section 152-1-6 - Comprehensive Assessment of Rehabilitation Needs

Current through 2024-29, July 17, 2024
For individuals who have been determined eligible for DVR
				  services or for trial work experiences, a comprehensive assessment of
				  rehabilitation needs shall be conducted to determine the goals, objectives,
				  nature and scope of vocational services to be included in the Individualized
				  Plan for Employment. To the extent that additional data is necessary, the
				  comprehensive assessment will include an assessment of the unique strengths,
				  resources, priorities, interests, and needs, including the need for
				  supported-employment services, in the most integrated setting possible,
				  consistent with the informed choice of the individual. The comprehensive
				  assessment will be limited to information that is necessary to identify the
				  rehabilitation needs of the individual and to develop an Individualized Plan
				  for Employment. The Comprehensive Assessment of Rehabilitation Needs will be
				  reviewed and updated as appropriate prior to significant changes in the
				  Individualized Plan for Employment.
1.
				The comprehensive assessment will use, as a primary source of information, to
				the maximum extent possible and appropriate, and in accordance with
				confidentiality requirements, the following:
A. existing information;
B. information provided by the individual
				and, where appropriate, by the family of the individual.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 1 - Division of Vocational Rehabilitation Services Rules › Section 152-1-7 - INDIVIDUALIZED PLAN FOR EMPLOYMENT

Current through 2024-29, July 17, 2024
1. An
				Individualized Plan for Employment (IPE)
The IPE shall be agreed upon, and signed by the individual
				  with a disability, and, as appropriate, a parent, family member, guardian,
				  advocate or authorized representative and the DVR Counselor within a counseling
				  and guidance relationship. The IPE shall be designed to achieve an employment
				  outcome of the individual, consistent with the unique strengths, resources,
				  priorities, concerns, abilities, capabilities, career interests and informed
				  choice of the individual. The case record must support the selection of the
				  vocational goal. Counselors shall provide a copy of the IPE, and any
				  amendments, to the eligible individual. VR goods and services may only be
				  provided in accordance with the IPE. The IPE is not a legal contract between
				  Maine DVR and the eligible individual. Individuals will receive written
				  notification of appeals rights, including the name and address of the person
				  with whom an appeal may be filed, and the availability of the Client Assistance
				  Program during IPE development, and whenever VR services are denied, reduced,
				  suspended or terminated.
2.
				Standards for Development and Review of the IPE
The IPE will be developed within 90 days after the
				  eligibility determination, unless the DVR Counselor and the eligible individual
				  agree to the extension of that deadline to a specific date by which the
				  individualized plan for employment must be completed . If there is a waiting
				  list, the IPE will be developed within 90 days from the date the individual
				  comes off the waiting list. The IPE will be reviewed at least annually by a
				  qualified vocational rehabilitation counselor and the eligible individual, or
				  as appropriate, the individual's representative to assess the individual's
				  progress in achieving the identified employment outcome.
3. Options for Developing an Individualized
				Plan for Employment
The eligible individual, or the individual's representative,
				  will be provided information on the individual's options for developing an
				  Individualized Plan for Employment. Maine DVR will not pay for an agency, or a
				  representative, to develop an IPE. The options for developing all or part of
				  the Individualized Plan for Employment include the following:
A. with assistance from a DVR vocational
				rehabilitation counselor, to the extent determined to be appropriate by the
				individual;
B. with technical
				assistance from the DVR Program, or other representatives selected by the
				individual; or
C. the individual
				alone without assistance.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 1 - Division of Vocational Rehabilitation Services Rules › Section 152-1-8 - COMPARABLE SERVICES AND BENEFITS AND THE PARTICIPATION BY INDIVIDUALS WITH DISABILITIES IN THE COST OF DVR SERVICES

Current through 2024-29, July 17, 2024
1. If an
				eligible individual wishes to financially participate in a service consistent
				with the IPE, it will be documented in the IPE.
2. If comparable services and benefits are
				available to the eligible individual, they must be utilized to meet, in whole
				or part, the cost of vocational rehabilitation services. If comparable services
				or benefits exist under any other program, but are not available to the
				individual at the time needed to satisfy the rehabilitation objectives in the
				individual's IPE, DVR shall provide vocational rehabilitation services until
				those comparable services and benefits become available. The utilization of
				comparable services and benefits do not apply in the following situations:
A. if the determination of the availability
				would delay the provision of vocational rehabilitation to any eligible
				individual who is at extreme medical risk, based on medical evidence provided
				by an appropriate qualified medical professional;
B. if an immediate job placement would be
				lost due to a delay in the provision of comparable benefits.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 1 - Division of Vocational Rehabilitation Services Rules › Section 152-1-10 - CLOSURE

Current through 2024-29, July 17, 2024
The counselor shall close an individual's case record at any
				  time in the DVR process when it is determined that the individual is no longer
				  eligible, is unavailable for diagnostic or planned services, chooses not to
				  participate, or is rehabilitated.
1.
				Ineligibility
A. The person has no disability
				or substantial impediment to employment, the individual does not require DVR
				services to achieve a competitive integrated employment outcome, or is
				unwilling to consider employment in an integrated setting.
Requires:
(1)
				Opportunity for the individual's or his/her representative's participation in
				closure decision;
(2) Written
				notification of closure decision;
(a) Written
				notification of appeal rights, including the name and address of the person
				with whom an appeal may be filed, and of the availability of the Client
				Assistance Program;
(b) IPE
				amendment, if appropriate;
(c)
				Certification of ineligibility in case record that documents the reasons for
				closure and is dated and signed by the counselor;
(d) Referral to other agencies and community
				rehabilitation programs, as appropriate.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 5 - BRAIN INJURY EXTENDED SUPPORT PROGRAM › Section 152-5-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this program is to provide ongoing extended
				  supports to individuals with brain injuries who are VR consumers with the most
				  significant disabilities once training has been completed. The program provides
				  financial assistance to providers of ongoing support and/or employers to help
				  defray the additional cost incurred providing job coaching, training and
				  supervision on a supported work site.