Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 71 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 92-71-001 - General

Current through June 17, 2024
001.01 Purpose of this Chapter
This chapter provides procedures for the formal review of
				  written determinations by Vocational Rehabilitation personnel concerning the
				  provision, of vocational rehabilitation services. This chapter is intended to
				  implement the requirements of
				  29 U.S.C.
				  701 et seq., 34 CFR Part 361 et seq.,
Neb.Rev.Stat.
Sections
				  79-11,121
				  to
				  79-11,132
				  and the Nebraska Administrative Procedures Act.
001.02 Definitions
The following definitions shall apply as used throughout
				  Chapter 71 of these rules and regulations.
001.02A Director shall mean the Director for
				Vocational Rehabilitation of the Nebraska Department Education.
001.02B Board shall mean the State Board of
				Education.
001.02C Commissioner
				shall mean the State Commissioner of Education.
001.02D Contested case shall mean a
				proceeding before the Department in which the legal rights, duties, or
				privileges of specific parties are required by Title I of the Vocational
				Rehabilitation Act of 1973, as amended, or by
Neb.Rev.Stat.
§
										79-11,128,
				to be determined after a hearing before a hearing officer.
001.02E Department shall mean the Nebraska
				Department of Education, which is comprised of the Commissioner and the Board.
001.02F Ex parte communication
				shall mean an oral or written communication which is not on the record in a
				contested case with respect to which reasonable notice to all parties was not
				given. Ex parte communication shall not include:
001.02F1 Communications which do not pertain
				to the merits of a contested case;
001.02F2 Communications required for the
				disposition of ex parte matters as authorized by law;
001.02F3 Communications in a ratemaking or
				rulemaking proceeding; and
001.02F4 Communications to which all parties
				have given consent.
001.02G Family member shall mean any relative
				by blood, adoption, or marriage of an individual with a disability and other
				individual living in the same household with whom the individual with a
				disability has a close interpersonal relationship.
001.02H Hearing officer shall mean the person
				or persons conducting a hearing pursuant to this Chapter whether designated as
				the presiding officer, administrative law judge, or some other title
				designation.
001.02I Individual
				with a disability shall mean any individual who has a physical or mental
				impairment which, for the individual, constitutes or results in a substantial
				impediment to employment, and can benefit in terms of an employment outcome (as
				defined in 92 NAC 72) from the provision of vocational rehabilitation
				services.
001.02J Party means the
				person by or against whom a contested case is brought or a person allowed to
				intervene in a contested case.
001.02K Petition means the initial document
				filed with the Director that sets forth a claim and request for action by the
				Department.
001.02L Petitioner
				shall mean an individual with a disability who is an applicant for, or
				recipient of, Vocational Rehabilitation Services who is dissatisfied with any
				written determination made by Vocational Rehabilitation personnel concerning
				the provision, of vocational rehabilitation services, and shall include the
				applicant's representative, if the applicant or recipient lacks capacity.
001.02M Respondent shall mean the
				Division of Vocational Rehabilitation Services, Nebraska Department of
				Education.
001.02N Vocational
				Rehabilitation personnel shall mean any Vocational Rehabilitation staff
				specialist assigned to work with the applicant or recipient.