reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 5 - BRAIN INJURY EXTENDED SUPPORT PROGRAM › Section 152-5-2 - DEFINITION

Current through 2024-29, July 17, 2024
1.
Supported Employment/Work
:
				"Supported Employment/Work" is a consumer-oriented, integrated, and
				non-segregated employment which is based on the individual's informed choice
				and which provides appropriate ongoing services to individuals with most
				significant disabilities in order for the individual to work productively in
				the community. Specifically, individuals in supported employment/work must:
A. be engaged in part-time or full-time
				employment which pays wages and benefits commensurate with the individuals
				ability to produce goods or render services and which is based on current
				competitive rates at or above the minimum wage. With same or similar wages and
				benefits as those received by individuals who are not disabled;
B. need, and be systematically provided, the
				ongoing support and services necessary to maintain employment;
C. be provided culturally normative
				opportunities in the least restrictive environment during the workday to
				integrate with people without disabilities other than those paid to provide
				direct support services to the individual; and
D. supportive employment/work stresses
				maximizing opportunities for individuals to increase wages, benefits,
				integration and independence which result in an overall increase in the quality
				of life.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 5 - BRAIN INJURY EXTENDED SUPPORT PROGRAM › Section 152-5-4 - ELIGIBILITY

Current through 2024-29, July 17, 2024
1. In order to be eligible for the Brain
				Injury Extended Support Program the individual must:
A. meet the definition of an individual with
				a Brain Injury found in Section 2.3 of these rules;
B. be a Vocational Rehabilitation client
				determined to be appropriate for supported employment/work.
C. be an individual who meets the definition
				of being most significantly disabled as defined in Section 5. 3. A, of the
				Division of Vocational Rehabilitation Rules or in Section 6, 1. A, of the
				Division of the Blind and Visually Impaired Rules;
D. be employed in a supported employment/work
				setting as defined in 2.1;
E.
				require ongoing support services in order to maintain employment;
F. have received written approval from the
				Bureau of Rehabilitation Services Regional Manager for entry into the Brain
				Injury Extended Support Program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 5 - BRAIN INJURY EXTENDED SUPPORT PROGRAM › Section 152-5-5 - SERVICES TO BE PROVIDED BY THE BRAIN INJURY EXTENDED SUPPORT PROGRAM

Current through 2024-29, July 17, 2024
Funds from this program may be used to purchase those
				  work-related support services needed for the worker in supported
				  employment/work to maintain employment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 5 - BRAIN INJURY EXTENDED SUPPORT PROGRAM › Section 152-5-6 - CASE MANAGEMENT

Current through 2024-29, July 17, 2024
1. It is the
				responsibility of the Regional Manager or his/her designee to monitor the
				worker receiving extended support services to ensure services are appropriate
				and allowable under the rules.
2.
				Regional Manager shall receive, as a minimum, quarterly reports from the
				provider of extended support services. Annually, in the month the worker
				entered into the Extended Support Program the Regional Manager or his/her
				designee will evaluate the worker's readiness for competitive employment
				without extended support.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 5 - BRAIN INJURY EXTENDED SUPPORT PROGRAM › Section 152-5-7 - SPENDING LIMITS

Current through 2024-29, July 17, 2024
The maximum annual expenditure of $8,000 for Extended Support
				  services shall be allowed for each eligible person served in this
				  program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 5 - BRAIN INJURY EXTENDED SUPPORT PROGRAM › Section 152-5-8 - TERMINATION FROM HEAD INJURY EXTENDED SUPPORT PROGRAM

Current through 2024-29, July 17, 2024
An individual participating in the program may be terminated
				  if:
1. it is agreed upon by the worker
				and/or his/her guardian, Rehabilitation Counselor, and the provider of extended
				support that such services, are no longer needed to maintain employment;
				or
2. the worker is no longer
				interested in receiving extended support services and the termination is
				requested by the worker; or
3. the
				worker is unable to maintain employment for two (2) consecutive
				months.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 6 - BASIC EXTENDED SUPPORT RULES › Section 152-6-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of the Basic Extended Support Program is to
				  provide ongoing support needs to 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.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 6 - BASIC EXTENDED SUPPORT RULES › Section 152-6-2 - DEFINITION

Current through 2024-29, July 17, 2024
1.
Supported Employment/Work
is
				a consumer-oriented, integrated, and non-segregated employment which is based
				on the individual's informed choice and which provides appropriate ongoing
				services to an individual with the most significant disabilities in order for
				the individual to work productively in the community. Specifically, individuals
				in supported employment/work must:
A. be
				engaged in part-time or full-time employment which pays wages and benefits
				commensurate with the individuals ability to produce goods or render services
				and which is based on current competitive rates at or above the minimum wage.
				With same or similar wages and benefits as those received by individuals who
				are not disabled;
B. need and be
				systematically provided the ongoing support and services necessary to maintain
				employment;
C. be provided
				culturally normative opportunities in the least restrictive environment during
				the workday to integrate with people without disabilities other than those paid
				to provide direct support services to the individual;
D. Supported employment/work stresses
				maximizing opportunities for individuals to increase wages, benefits,
				integration, and independence which results in an overall increase in the
				quality of life.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 6 - BASIC EXTENDED SUPPORT RULES › Section 152-6-4 - ELIGIBILITY

Current through 2024-29, July 17, 2024
1. To be eligible for the Extended Support
				Program the individual must:
A. be a
				Vocational Rehabilitation client determined to be appropriate for supported
				employment/work.
B. be an
				individual who meets the definition of being most significantly disabled as
				defined in Section 5.3.A. , in the Division of Vocational Rehabilitation Rules
				or Section 6.1.A. , in the Division for the Blind and Visually Impaired Rules;
C. be employed in a supported
				employment/work setting as defined in 2.1;
D. require ongoing support services in order
				to maintain employment;
E. have
				received written approval from the Bureau of Rehabilitation Services Regional
				Manager for entry into the Basic Extended Support Program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 6 - BASIC EXTENDED SUPPORT RULES › Section 152-6-5 - ALLOWABLE SERVICES UNDER THE STATE EXTENDED SUPPORT PROGRAM

Current through 2024-29, July 17, 2024
Funds from this program may be used to purchase work related
				  support services needed for the worker to maintain
				  employment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 6 - BASIC EXTENDED SUPPORT RULES › Section 152-6-6 - CASE MANAGEMENT

Current through 2024-29, July 17, 2024
1. It is the
				responsibility of the Regional Manager or his/her designee to monitor the
				worker receiving extended support services to ensure services are appropriate
				and allowable under the rules.
2.
				Regional Manager shall receive, as a minimum, quarterly reports from the
				provider of extended support services. Annually, in the month the worker
				entered into the Extended Support Program the Regional Manager or his/her
				designee will evaluate the worker's readiness for competitive employment
				without extended support.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 6 - BASIC EXTENDED SUPPORT RULES › Section 152-6-7 - SPENDING LIMIT

Current through 2024-29, July 17, 2024
A maximum annual expenditure of $3,000 for extended support
				  services shall be allowed for each eligible person served in this
				  program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 6 - BASIC EXTENDED SUPPORT RULES › Section 152-6-8 - TERMINATION FROM EXTENDED SUPPORT PROGRAM

Current through 2024-29, July 17, 2024
Any individual participating in the program may be terminated
				  if:
1. if it is agreed upon by the
				worker and/or guardian, Bureau of Rehabilitation Services representative, and
				job coach that ongoing support services are no longer needed to maintain
				employment;
2. the worker is no
				longer interested in receiving service and termination is requested by the
				worker;
3. the worker is unable to
				maintain employment for two (2) consecutive months.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 7 - INDEPENDENT LIVING SERVICES PROGRAM › Section 152-7-2 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
All personal information acquired by the ILS shall only be
				  used and released for purposes directly connected with the administration of
				  the ILS Program. Use and release of personal information acquired by the ILS
				  Program shall conform with applicable Federal Regulations and State laws.
				  Personal information will be released with the informed written consent of the
				  consumer or their duly authorized representative.
1. For purposes of this policy, informed
				written consent shall mean a document that:
A. is in language and a communication format
				that the person understands. Alternative communication shall be provided to the
				consumer, such as voice, American Sign Language, Braille, or augmented
				technology, and shall be documented in the case record as declared by the
				consumer for the purpose of releasing or sharing specific information with
				parties designated by the consumer;
B. is signed and dated by the consumer or
				duly authorized representative;
C.
				is specific in designating the ILS Program as the agency or person authorized
				to disclose information;
D. is
				specific as to the nature of the information which may be released;
E. specifically designates the parties by
				whom the information may be used;
F. specifically indicates the duration of the
				release of information.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 7 - INDEPENDENT LIVING SERVICES PROGRAM › Section 152-7-4 - ELIGIBILITY DETERMINATION

Current through 2024-29, July 17, 2024
1. Application for
				ILS Program 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 IL Services. An evaluation(s) will take place, at no cost to the
				  consumer, to provide information for the eligibility decision. At any time in
				  this process that it is determined the individual is not eligible for IL
				  Services, the evaluation shall cease. Appropriate notification will be provided
				  to the individual.
2.
				Eligibility Criteria and Evaluation
An individual is eligible for ILS Program services if an
				  evaluation documents the following:
A.
				That the individual has a significant physical or mental disability which for
				that individual constitutes or results in a severe limitation(s) in ability to
				function independently in family or community setting;
B. That IL Services may reasonably be
				expected to assist the individual to function independently in a family or
				community setting; and
C. The
				consumer's ability to direct the IL service planning and selection with or
				without assistance.
D. The
				evaluation(s) shall take into consideration any relevant case record materials
				available from the ILS Program or other sources. A special diagnostic
				study(ies) shall be conducted for purposes of determining eligibility for IL
				Services only if already available information is not complete, relevant, or
				current. The evaluation(s) shall be sufficient in scope to determine which
				services will best meet the current needs of the individual for functioning
				more independently in family or community setting.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 7 - INDEPENDENT LIVING SERVICES PROGRAM › Section 152-7-6 - COMPARABLE BENEFITS AND PARTICIPATION BY CONSUMERS INTHE COST OF IL PROGRAM SERVICES

Current through 2024-29, July 17, 2024
1. If an eligible
				consumer wishes to financially participate in the cost of IL goods and services
				consistent with the ILP and/or amendments, it will be documented in the case
				record.
2. If comparable services
				and benefits are available, they shall be utilized to meet, all or part of the
				cost of IL services. The utilization of comparable services and benefits do not
				apply, if the determination of the availability would delay the provision of
				services to a consumer who is at extreme medical risk. A determination of
				extreme medical risk shall be based upon medical evidence, provided by an
				appropriate licensed medical professional, that presents a risk of
				substantially increasing functional impairment or risk of death if medical
				services are not provided expeditiously. If comparable services or benefits
				exist under any other program, but are not available to the individual at the
				time needed to satisfy the objectives in the individual's ILP, the ILS Program
				shall provide independent living services until those comparable services and
				benefits become available. The utilization of comparable services and benefits
				do not apply in the following situations:
A.
				Counseling and guidance necessary to develop an IL Plan; and
B. Referral and placement to alternative
				resources.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 7 - INDEPENDENT LIVING SERVICES PROGRAM › Section 152-7-7 - INDEPENDENT LIVING PROGRAM SERVICES

Current through 2024-29, July 17, 2024
IL Program Services may provide for such goods and services
				  as are necessary to establish eligibility and to determine and achieve IL
				  goals. A maximum lifetime expenditure of $5,000 in planned services shall be
				  allowed for each eligible individual served by the program. Goods and services
				  shall be purchased in accordance with the assurance of the health and safety of
				  the eligible individual. Costs associated with determining eligibility and the
				  planning of services developed in the ILP are not considered part of the
				  $5,000. Any services exceeding this amount needed for the successful attainment
				  of goals documented in the ILP will require the approval of the DVR IL Program
				  Specialist.
The ILS Program services shall purchase IL goods and services
				  only from vendors who meet State Licensure or Certification requirements, where
				  applicable. All modification and other accommodations shall be implemented
				  according to applicable code enforcement laws and the Americans with
				  Disabilities Act (ADA) standards.
The consumer may choose to waive design standards to conform
				  with individual needs. A waiver request, in writing, or in alternative format,
				  signed by the consumer, or duly authorized representative, shall document the
				  reason(s) for the waiver. No waiver may be authorized that would jeopardize
				  health or safety.
1. Costs associated
				with evaluation and related services necessary to determine eligibility and to
				develop an appropriate IL Plan shall be excluded from the maximum lifetime
				expenditure cap. All services and goals identified in an ILP by the ILS Program
				require adequate, supportive documentation. Documentation for any barrier
				removal projects shall be by qualified personnel.
2. The following core services shall be
				within the scope of the program:
A.
				Information and Referral services;
B. Individual Independent Living Skills
				Training;
C. Peer Counseling
				(including cross-disability peer counseling); and
D. Individual and Systems Advocacy.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 7 - INDEPENDENT LIVING SERVICES PROGRAM › Section 152-7-8 - CLOSURE

Current through 2024-29, July 17, 2024
Prior to closure, the ILS Program will monitor and document
				  the consumer's needs for additional ILS Program services for a six month period
				  following the completion of their ILP services. Regular contact will be made
				  and documented by ILS staff. If no additional services are identified or any
				  other eligible services that the ILS Program may be able to provide, then the
				  ILS Program will move to Closure. Closure is the final amendment to an
				  ILP.
Closure is intended to be a mutual decision between the
				  consumer and/or their duly authorized representative and the ILS Program staff.
				  An individual's case record may be closed when:
1. the individual is determined ineligible in
				the following circumstances:
A. The IL staff
				may close a case without any determination of eligibility when an individual is
				unavailable during an extended period of time to complete an evaluation and the
				IL staff has made repeated efforts to contact the individual and to solicit
				his/her participation. The case record must:
(1) document attempts to contact the consumer
				in the record; and
(2) include
				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 is required.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 7 - INDEPENDENT LIVING SERVICES PROGRAM › Section 152-7-9 - SERVICES AFTER CLOSURE

Current through 2024-29, July 17, 2024
The ILS Program will establish a procedure that allows an
				  individual who has already received ILS Program services to return within five
				  (5) years of the date of closure. This will allow the person to receive ILS
				  Program services without starting over with the application process and be
				  placed on the waiting list again. This only applies to goods and services
				  needed to accomplish the original ILP goals and objectives. This policy will
				  allow up to 50% of the original cost of the goods and services to be used
				  within the Lifetime Cap. With regard to durable goods, this may be used for
				  maintenance and/or repair excluding abuse.
Referenced materials in these rules include:
CADRES - Court Alternative Dispute Resolution Services
Title VII of the Rehabilitation Act of 1973, as
				  Amended
ADA - Americans with Disabilities Act of 1990
Maine's Administrative Procedure Act, 5 M.R.S.A., Chapter
				  375, subchapter IV
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 12 - RULES FOR THE COMMUNICATION EQUIPMENT FUND PROGRAM FOR PEOPLE WITH DISABILITIES › Section 152-12-1 - PURPOSE AND GENERAL REQUIREMENTS OF THE PROGRAM

Current through 2024-29, July 17, 2024
Under Maine Statutes Title
				  26 M.R.S.A.,
				  section1419, the Division for the Deaf,
				  Hard-of-Hearing and Late-Deafened, under the Bureau of Rehabilitation Services,
				  Department of Labor, through the Communication Equipment Program (hereinafter
				  called "The Program"), will provide funds for purchase, lease, upgrading,
				  installation, maintenance and repair of specialized customer telecommunication
				  equipment for persons with disabilities. The Division for the Deaf,
				  Hard-of-Hearing and Late-Deafened, (hereinafter called "the Division"), under
				  the Division of Vocational Rehabilitation Services, will authorize funds in
				  accordance with the following requirements:
1. Eligibility is determined without regard
				to age, sex, creed, color or national origin.
2. In the purchase of goods or services, the
				Program staff shall comply with applicable regulations of the Maine Department
				of Labor and Department of Administrative and Financial Services. The Program
				will purchase goods and services from vendors who meet specific licensure or
				certification requirements where applicable.
3. The Program will maintain a record for
				each applicant for, and recipient of, services and/or goods.
4. When appropriate, Program staff shall
				provide necessary referral to support the individuals in securing needed
				services from other agencies and organizations.
5. There is no residency requirement,
				durational or other, which would exclude from services an otherwise eligible
				individual who is living in the state.
6. For purposes of this policy, the Director
				will be the Director of the Bureau of Rehabilitation Services.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 12 - RULES FOR THE COMMUNICATION EQUIPMENT FUND PROGRAM FOR PEOPLE WITH DISABILITIES › Section 152-12-2 - PROGRAM OF SERVICES

Current through 2024-29, July 17, 2024
There are two programs for services under this
				  Chapter:
1.
The Cost Sharing
				Program
through the Division pays for a portion of the total cost, in
				accordance with a cost share payment schedule as determined by the Division,
				for each piece of specialized customer telecommunication equipment.
2.
The Lending Program
lends
				specialized customer telecommunication to those whose income level qualifies.
				The specialized customer telecommunication equipment can be borrowed for as
				long as needed or as long as the program remains in existence and as long as
				the applicant complies with the lending agreement containing the following
				provisions:
A. Agree not to lease, sell, give
				away, or allow a lien to be placed upon it during the loan;
B. Agree to keep the equipment in good
				condition and to avoid abuse or damage;
C. Agree to provide adequate insurance to
				cover loss against fire, theft, or other happenings;
D. Agree to inform the Program staff if the
				equipment breaks down or is missing;
E. Agree not to remove or permit another
				person to remove the equipment from this State without written permission from
				the Bureau of Rehabilitation Services; and F. Agree to return equipment to the
				Bureau of Rehabilitation Services upon its request.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 12 - RULES FOR THE COMMUNICATION EQUIPMENT FUND PROGRAM FOR PEOPLE WITH DISABILITIES › Section 152-12-3 - REFERRAL AND APPLICATION FOR SERVICES

Current through 2024-29, July 17, 2024
Any person who applies for services shall undergo an
				  eligibility determination, the results of which shall be shared with the
				  individual. The Program shall process referrals in an equitable and expeditious
				  manner consistent with available agency resources. An applicant is anyone who
				  signs a dated application or letter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 12 - RULES FOR THE COMMUNICATION EQUIPMENT FUND PROGRAM FOR PEOPLE WITH DISABILITIES › Section 152-12-4 - ELIGIBILITY DETERMINATION

Current through 2024-29, July 17, 2024
1.
Identification of Disability Eligibility
A.
Communication Equipment Fund Program
				for People with Disabilities
: Persons who are disabled to the extent
				that they cannot use the telephone for expressive or receptive communications,
				as verified by a signed form from any of the following licensed professionals:
				physician, audiologist, optometrist, physical therapist, occupational
				therapist, or speech pathologist are eligible for assistance from the fund. A
				copy of a signed audiogram or a copy of a diploma from a school for the deaf or
				blind or documentation of qualifying disability from another State program is
				acceptable in place of a doctor's signature.
B.
Telecoil technology/hearing aid
				Program disability eligibility
: Persons whose hearing ability in both
				ears is below 40 decibels pure tone average, as verified by a licensed
				audiologist or copy of a signed audiogram and are age 65 or older.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 12 - RULES FOR THE COMMUNICATION EQUIPMENT FUND PROGRAM FOR PEOPLE WITH DISABILITIES › Section 152-12-5 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
All client/applicant information acquired by the Program
				  staff is confidential and remains the property of the Program and shall only be
				  used and released for purposes directly connected with the administration of
				  the program. Information may, however, be disclosed in summary, statistical,
				  and other forms which do not identify the individuals.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 12 - RULES FOR THE COMMUNICATION EQUIPMENT FUND PROGRAM FOR PEOPLE WITH DISABILITIES › Section 152-12-6 - PROGRAM APPEALS PROCESS

Current through 2024-29, July 17, 2024
An applicant for program services, or a recipient of program
				  services, who is dissatisfied with a determination concerning the furnishing or
				  denial of services under this Chapter, may request a review of the
				  determination by submitting a written appeal to the Director of the Division
				  for the Deaf, Hard-of-Hearing and Late-Deafened within thirty days of the
				  issuance of the determination. Upon such appeal, a hearing will be conducted,
				  and a final agency decision will be issued pursuant to Subchapter IV governing
				  Adjudicatory Proceedings under the
Maine Administrative Procedure
				  Act
. Parties shall have the right to appeal the agency's final
				  decision to court pursuant to Subchapter VII governing Judicial Review of Final
				  Agency Action under the
Maine Administrative Procedure
				  Act
.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 20 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 152-20-1 - Authorized Status

Current through 2024-29, July 17, 2024
A. Any community
				based agency, hereinafter "agency", providing rehabilitation and/or
				habilitation day program services for adults must be authorized in order to
				continue receiving funds from the Bureau of Mental Retardation (BMR), The
				Bureau of Mental Health (BMH), or the Bureau of Rehabilitation Services (BR),
				hereinafter "Bureau(s)".
B. Funding
				means:
1. The Bureau of Mental Retardation's
				award of a community based mental retardation services contract;
				and/or
2. The Bureau of
				Rehabilitation Services's authorization for the Agency to receive funds for the
				purchase of vocational rehabilitation services for eligible individuals.
				Authorization is not a commitment by BR to sponsor clients at the authorized
				agency; and/or
3. The Bureau of
				Mental Health's award of a community based mental health services
				contract.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 20 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 152-20-2 - Deemed Status

Current through 2024-29, July 17, 2024
A. Bureaus
				providing funds may award "deemed status" to standards promoted by nationally
				recognized organizations that offer accreditation to facilities.
B. In determining the acceptability of
				nationally recognized standards to be awarded deemed status, the Bureaus shall
				take into account:
1. The appropriateness of
				the standards content and their compatibility with specific programming that is
				provided and funded in Maine, and
2. Standards and a review process that
				require survey teams to pay substantial attention to actual direct client
				programming as an element of the on-site process, and
3. The accrediting body's achievement of a
				survey balance between the administration/organization and programming aspects
				of the agency, and
4. The ability
				of the accrediting body to document the final results of the survey and return
				that report to the agency in a timely manner.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 20 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 152-20-3 - Plan For Improvement

Current through 2024-29, July 17, 2024
A. Within 30 days
				of receipt, the agency shall provide the funding Bureau(s) with a copy of the
				accrediting body's written survey report, including:
1. The organization's conclusions regarding
				the award or denial of accredited status, and
2. Any terms or requirements that the agency
				must meet as a condition for achieving or maintaining accredited
				status.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 152 - BUREAU OF REHABILITATION SERVICES › Chapter 20 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 152-20-4 - Quality Assurance

Current through 2024-29, July 17, 2024
A. Accreditation
				surveys and state sponsored agency reviews shall be used as a tool for assuring
				improvements in service quality throughout the period that the agency is
				authorized to receive funding.
B.
				The Plan for Improvement shall be a major focus of the quality assurance effort
				undertaken by the agency, and monitored by funding Bureau(s).
C. The PFI shall be sent to representatives
				of the funding Bureau(s) for the purposes of monitoring, quality assurance, and
				resource development.
D. Progress
				and the agency's efforts to take positive, corrective action shall be monitored
				by funding Bureau representatives.
E. An agency shall retain its authorized
				status provided that it continues to demonstrate substantial effort and
				progress toward meeting the objectives that are specified in the Plan for
				Improvement.
F. The funding Bureaus
				shall encourage - at the most immediate administrative level within each
				Bureau's quality assurance system - an informal process to identify, discuss
				and resolve issues of mutual concern to the Bureau and an agency.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 168-3-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
For purposes of the Governor's Training Initiative, the
				  following definitions apply:
1.
				Applicant: An applicant is an employer, a group of employers, or an employer in
				partnership with any one or more of the eligible entities cited in Subsection 8
				of 26 MRSA, Section2031.
2.
				Employer: An employer is a private sector entity that produces goods or
				services and is creating, upgrading or retaining jobs that require work force
				training.
3. Partnership: A
				partnership must include an employer and may only be in combination with any
				one or more of the eligible entities cited in Subsection 8 of 26 MRSA
				Section2031. Such entities include, but are not limited to, employers, regional
				and local economic development agencies or partnerships, community-based
				organizations, job training service providers, registered apprenticeship
				service providers, local adult education providers and post-secondary
				institutions.
4. Participant: A
				participant is an individual residing in Maine and in receipt of GTI services
				defined in Section 1, Subsection 6 A -H for the purpose of Maine employment.
A Training participant: A training
				participant is an individual residing in Maine and in receipt of GTI services
				defined in Section 1, Subsection 6 C -H for the purpose of Maine
				employment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 168-3-2 - Selection Criteria

Current through 2024-29, July 17, 2024
The following criteria must be demonstrated to the
				  interdepartmental review team at the time of application:
1. Training for new hires shall not be
				approved for any occupation in a labor market where there is already a
				sufficient supply of workers trained and available to meet an employer's needs
				and skill levels for workers in that occupation as determined by the Department
				of Labor's Division of Labor Market Information Services. The applicant shall
				agree to provide to the Department of Labor the employer's existing and
				proposed occupational staffing descriptions, employment levels, and other
				related information to enable the evaluation of labor supply for the labor
				market.
2. An employer shall
				provide a statement of commitment to long-term operation in this
				State.
3. An employer seeking
				training funds under this program shall pay trainees a wage that is at least
				equal to 85% of the average wage for that occupation in that labor market. Wage
				levels will be determined by the Department of Labor's Division of Labor Market
				Information Services.
4. An
				employer shall contribute at least 50% of the premium cost of employee health
				insurance except for small businesses with fewer than 25 employees and in
				operation less than three years at the time of application.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 168-3-3 - Selection Preference

Current through 2024-29, July 17, 2024
In addition to meeting the criteria set forth in Section
				  2 above, preference must be given to an
				  applicant that substantiates one or more of the following at the time of
				  application:
1. Formation of a local
				project partnership;
2. Employer
				willingness to leverage matching funds;
3. Investment in the lifelong learning and
				skills development of citizens of this state;
4. An increase in the local education and
				training capacity to support more than one employer that is caused by a
				proposed project;
5. Provision of
				high wage or high skill employment, employee benefits and job
				security;
6. Employer intention to
				expand or locate in economically depressed areas of this State;
7. Employer willingness to hire new labor
				force entrants, economically disadvantaged individuals, persons with
				disabilities or dislocated workers; or
8. Employer willingness to provide a
				registered apprenticeship for current employees or new hires.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 168-3-4 - Selection Process

Current through 2024-29, July 17, 2024
1. An application
				will be reviewed to determine if it meets the following requirements:
A Applicant as cited in subsection 8 of 26
				MRSA, Section2031; and
B Selection
				criteria, as cited in subsection 4 of 26 MRSA, Section2031 and further defined
				in Section 2 of this rule.
An application failing to meet either requirement will not be
				  considered.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 168-3-5 - Non-Displacement

Current through 2024-29, July 17, 2024
No new hires under this program shall result in the
				  displacement from the firm of any currently employed worker or position
				  (including partial displacement such as reduction in hours of nonovertime work,
				  wages, or employment benefits), or result in the impairment of existing
				  contracts for services or collective bargaining agreements. In addition, no new
				  employment or assignment of a participant or the filling of a position shall
				  take place when:
1. Any other
				individual is on layoff from the same or any equivalent position, or
2. The employer has laid off any regular
				employee or otherwise reduced its workforce with the effect of filling the
				vacancy so created with a participant subsidized under the program.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 168-3-6 - Supportive Services

Current through 2024-29, July 17, 2024
Supportive services shall be provided when necessary to
				  participate in training provided that the training participant would be
				  eligible for such service under another public training program if funds were
				  available to provide those services to the training participant. All
				  participants shall be given written notice of the availability of these
				  services, shall have the opportunity to make written application for them upon
				  request, and shall receive a written notice as to the disposition of that
				  application. Upon application, a participant will be provided with a form to be
				  used for documenting his/her program eligibility through another public program
				  and the unavailability of these services due to fiscal constraints under such
				  program. Available services include:
1
				Training materials or books necessary for participation in the
				training;
2 Payment for dependent
				care costs, provided these costs do not exceed the prevailing rate for such
				care; and
3 Travel payments
				according to the policies consistent with Job Training System service
				providers.
Funds for supportive services necessary to participate in
				  training are limited to the duration of the training period, except that costs
				  for services in (2) & (3) above are limited to 90 days for trainees who are
				  receiving wages through the employer or GTI subsidized wages.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 3 - GOVERNOR'S TRAINING INITIATIVE PROGRAM › Section 168-3-7 - Participant Appeal Procedure

Current through 2024-29, July 17, 2024
1. All
				determinations under this section shall be made promptly and in writing. A
				participant who is aggrieved by any decision or action made under this section
				may appeal as provided in this subsection.
2. Each person who requests or receives
				training or supportive services under this section shall be given written
				notice describing the right and procedure of appeal provided by this section.
				This notice shall:
A Be uniform throughout
				the State;
B Be written in
				language that is clear and understandable and must have a readability score, as
				determined by a recognized instrument for measuring adult literacy levels,
				equivalent to no higher than a 6th grade level; and
C Include a statement that:
1 Any decision regarding the type of training
				or the type, amount or duration of supportive services offered may be
				appealed;
2 Hearings provided under
				paragraph C will be conducted by an impartial hearing officer whose decision
				may be appealed to the court; and
3
				The person may be eligible to receive free legal assistance in pursuing an
				appeal. This statement must also provide a list of organizations that provide
				legal assistance to persons of low income.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 10 - RULES GOVERNING JOB TRAINING PARTNERSHIP ACT PROGRAMS (JTPA) GRIEVANCE PROCEDURES (REPEALED) › Section 168-10-2 - Complaint Procedures For Federal Programs Under JTPA (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 10 - RULES GOVERNING JOB TRAINING PARTNERSHIP ACT PROGRAMS (JTPA) GRIEVANCE PROCEDURES (REPEALED) › Section 168-10-3 - Complaint Procedures For The STAR And MTI State Job Training Programs (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 10 - RULES GOVERNING JOB TRAINING PARTNERSHIP ACT PROGRAMS (JTPA) GRIEVANCE PROCEDURES (REPEALED) › Section 168-10-7 - Complaint Procedures For Allegations of Discrimination (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 10 - RULES GOVERNING JOB TRAINING PARTNERSHIP ACT PROGRAMS (JTPA) GRIEVANCE PROCEDURES (REPEALED) › Section 168-10-8 - Procedures For Complaints Between The Governor, Or His Designee, And Service Delivery Area Grant Recipients Or Other Subrecipients, Audit Disallowances, Complaints Involving The Operations Or Responsibilities Of The Recipients, And Complaints Between Two Service Delivery Area Grant Recipients (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. "Commissioner" shall mean the Commissioner
				of the Department of Labor or designee.
B
				. "Establishing a business" shall mean organizing the production,
				marketing and sale of products or services. This includes enterprises operated
				with the intention of creating a profit or of generating income for the owners
				if organized as a legal not-for profit venture.
C. "Full-time" shall mean forty hours per
				week.
D. "Worker profiling system"
				shall mean a system established by the Maine Department of Labor that attempts
				to predict the likelihood that an individual will exhaust his or her
				unemployment benefits. The characteristics of individuals who exhausted
				benefits in the past are analyzed to determine which of these characteristics
				were predictors of exhaustion for the group. These predictors are then combined
				into a "profile" and individuals who match the profile are deemed to be "likely
				to exhaust benefits." Individuals who are on recall status or who obtain
				employment through a union hiring hall agreement are deemed to not be likely to
				exhaust benefits. Other data elements to be studied (along with potentially
				others in the future) are: previous industry, total unemployment rate,
				declining industry code, separation reason, the individual's weekly benefit
				amount and maximum benefit amount, and job tenure.
E. "Allowable business activity" shall mean:
a the proposed business shall have its
				principal place of business in Maine;
b the proposed business, when established,
				shall meet all legal requirements involving licenses, taxes, zoning etc.;
c the proposed business may be a
				sole proprietorship, partnership, corporation, franchise or pre-existing
				business provided that the applicant has both financial investment and
				decision-making authority in the business;
d the proposed business shall be suitable for
				support by a public agency.
Examples of unsuitable businesses shall include but are not
				  limited to: businesses that involve the speculative purchase and/ or sale of
				  real estate, (though real estate development involving construction or
				  renovation are permitted), gambling activities or pyramid selling (also known
				  as multi-level marketing).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-2 - Eligibility requirements for acceptance into MEO

Current through 2024-29, July 17, 2024
A. Eligibility requirements. To be eligible
				for acceptance into the MEO, an applicant must meet the following criteria:
(1) be a resident of the state of
				Maine;
(2) have been identified as
				likely to exhaust regular benefits through a worker profiling system;
(3) have a balance of regular benefits equal
				to at least 18 times the applicant's weekly benefits amount at the time of
				application;
(4) have attended an
				"Orientation to the MEO" program;
(5) have completed and submitted to the Local
				Department of Labor Office a written application form containing information
				the commissioner may prescribe, including, but not limited to, the following:
(a) The type of business
				contemplated.
(b) Business
				location.
(c) Target market for
				product or service and plan for reaching the market
(d) Anticipated start-up expenses.
(e) Proposed sources of initial
				financing.
(f) Personal interest,
				experience or training in operating the type of business proposed;
(6) be willing and able to work
				full-time at self-employment assistance activities; and
(7) be proposing to enter a type of business
				which is an allowable business activity as defined in section 1(E).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-3 - Standards for approval of self-employment assistance activities

Current through 2024-29, July 17, 2024
The following standards shall be used in determining which
				  self-employment assistance programs will be approved:
A. The emphasis of training shall be of a
				practical, non-academic, nature.
B.
				A participant's training needs will be determined after an assessment of his or
				her application for the MEO. The program which is developed for the participant
				will provide training which will give the participant a reasonable opportunity
				of succeeding in self-employment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-4 - Claims for self-employment assistance allowances

Current through 2024-29, July 17, 2024
A. Requirements while filing weekly claims
To continue receiving a self-employment assistance allowance,
				  MEO participants shall:
(1) File a
				weekly SEA claim form providing information on self-employment activities that
				include, but are not limited to:
(a)
				Participation in approved training.
(b) Technical assistance or
				counseling.
(c) Attendance at
				workshops and seminars.
(d) Market
				research.
(e) Product
				development.
(f) Inventory or
				equipment acquisition.
(g) Sales
				activity.
(h) Development of
				promotional and marketing materials.