Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-001 - General Information

Current through June 17, 2024
01.01.
PURPOSE OF THIS CHAPTER.
This chapter provides
				procedures for the formal review of written determinations by Nebraska
				Commission for the Blind and Visually Impaired (NCBVI) personnel concerning the
				provision of vocational rehabilitation services to blind individuals. This
				chapter is intended to implement the requirements of
				29 U.S.C.
				701 et.seq., 34 CFR Part 361 et.seq.,
Nebraska Revised Statute
Sections
				71-8601
				to
				71-8616
				and the Nebraska Administrative Procedures Act.
01.02.
DEFINITIONS.
The following definitions shall apply as used throughout Chapter 2 of these
				rules and regulations.
001.02A.
BOARD
shall mean the governing board of NCBVI, to be
				appointed by the Governor of Nebraska according to state law.
001.02B.
BLIND
				INDIVIDUAL
shall mean any individual who has sight so defective as
				to seriously limit his or her ability to engage in the ordinary vocations and
				activities of life.
001.02C.
CONTESTED CASE
shall mean a proceeding before NCBVI 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
Nebraska Revised Statute
71-8614, to be
				determined after a hearing before a hearing officer.
001.02D.
DIRECTOR
shall mean the Executive Director of the Nebraska Commission for the Blind and
				Visually Impaired.
001.02E.
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 alt parties was not given. Ex parte communication
				shall not include:
001.02E1.
COMMUNICATIONS
which do not pertain to the merits of a
				contested case;
001.02E2.
COMMUNICATIONS
required for the disposition of ex
				parte matters as authorized by law;
001.02E3.
COMMUNICATIONS
in a ratemaking or rulemaking
				proceeding; and
001.02E4.
COMMUNICATIONS
to which all parties have given
				consent.
001.02F.
FAMILY MEMBER
shall mean any relative by blood,
				adoption, or marriage of a blind individual and other individual living in the
				same household with whom the blind individual has a close interpersonal
				relationship.
001.02G.
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.
001.02H.
NCBVI
shall mean the Nebraska Commission for the Blind
				and Visually Impaired, which is administered by the Director and the governing
				Board.
001.02I.
NCBVI
				PERSONNEL
shall mean any NCBVI staff specialist assigned to work
				with the applicant or recipient.
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 NCBVI.
001.02L
PETITIONER
shall mean a blind individual who is an applicant for, or recipient of, NCBVI
				Services who is dissatisfied with any written determination made by NCBVI
				personnel concerning the provision of vocational rehabilitation services, and
				shall include the applicant's representative, if the applicant or recipient
				lacks capacity.
001.02M.
PREFERRED FORMAT
shall mean the format individually
				preferred to assure accessibility of written materials; to include print, large
				print, Braille, electronic audio and text formats.
001.02N.
RESPONDENT
shall mean the Nebraska Commission for the Blind and Visually Impaired
				(NCBVI).