reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0209 - RESPONSE TO ADMINISTRATIVE REVIEW DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				  applicant or client is satisfied with the decision resulting from the
				  administrative review, the individual shall sign the form described in Rule
				  .0208(b)(3) of this Section and submit it to the regional director within five
				  days of receipt of the decision. The regional director shall inform the Chief
				  of Operations of the request to cancel the appeals hearing immediately and
				  forward the form to the Chief of Operations who shall submit it to the hearing
				  officer.
(b) If the hearing officer
				  does not receive a written request from the applicant or client that the
				  hearing be cancelled, the hearing shall be conducted as scheduled unless
				  negotiations produce a settlement that is satisfactory to both parties prior to
				  the hearing.
(c) If the hearing is
				  cancelled, the hearing officer shall send the applicant or client and the
				  Division written notice of the cancellation in the same manner as required for
				  notice of the hearing in Rule .0207(e) of this Section. A copy of the notice of
				  cancellation shall be sent to the Client Assistance Program if CAP is
				  involved.
Authority
					 G.S.
					 143-546.1;
					 150B-1;
					 34 C.F.R.
					 361.57;
					 P.L.
					 105-220, s. 102(c);
Eff. February 1,
					 1976;
Amended Eff. July 1, 2000; April 1, 1997; September 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0210 - MEDIATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If both parties
				  agree to mediation, the mediation shall take place prior to the appeals
				  hearing.
(b) Mediation shall not be
				  used to deny or delay an individual's right to speedy complaint resolution. The
				  mediation shall be completed in a period that also allows for convening of an
				  appeals hearing after mediation within the 45-day time required under
				  34 C.F.R.
				  361.57(b) unless both
				  parties sign a written agreement for a specific extension of time.
(c) An individual to conduct the mediation
				  shall be selected from a list of qualified and impartial mediators that is
				  maintained by the Division. Individuals on the list of qualified mediators
				  shall:
(1) be certified by the N. C. Dispute
				  Resolution Commission or approved by the Mediation Network of North Carolina;
				  and
(2) be knowledgeable regarding
				  the laws, Federal regulations and State rules governing the provision of
				  vocational rehabilitation and independent living services.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0211 - PROCEDURES GOVERNING HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
The appeals hearing shall be conducted according to the
					 provisions of 34 C.F.R.
					 361.57(b)(1) through (b)(3) and
					 (b)(12) and according to Rules .0212 through
					 .0222 and Rule .0225 of this Section.
Authority
					 G.S.
					 143-546.1;
					 150B-1;
					 34 C.F.R.
					 361.57;
					 P.L.
					 105-220, s. 102(c);
Eff. February 1,
					 1976;
Amended Eff. July 1, 2000; September 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0212 - VENUE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The appeals hearing shall be held in the
				  county of residence in this State of the applicant or client.
(b) Any party desiring a change of venue
				  shall file a written motion for a change of venue with the hearing officer and
				  serve copies of that motion on all other parties at least seven days prior to
				  the date for which the hearing is set.
(c) The motion shall include the following
				  information:
(1) the name, address, and
				  telephone number of the movant;
(2)
				  identification by the case name and docket number of the proceeding for which
				  the change is sought;
(3) the time,
				  date, and place for which the hearing is scheduled;
(4) the county in which the party requests
				  that the hearing be held;
(5) a
				  statement of the requested change, including the names and addresses of any
				  witnesses whose convenience represents the basis for the request; and
(6) any other factors that should be
				  considered in ruling on the request.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0213 - DISCOVERY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Parties in
				  appeals hearings shall exchange information voluntarily, seek access to public
				  documents as provided by law, and exhaust other informal means of obtaining
				  discoverable material.
(b) Within
				  15 days after receipt of a request for discovery or within such other time
				  limit as the hearing officer may set, the party from whom discovery is
				  requested shall either:
(1) provide the
				  requested material or access to that material to the discovering
				  party;
(2) provide a schedule for
				  compliance with the request for discovery; or
(3) file a written motion with the hearing
				  officer for relief from the request for discovery.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0214 - PRE-HEARING CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon notice to
				  all parties, the hearing officer may instruct the parties to participate in a
				  pre-hearing conference.
(b) The
				  conference shall be informal in nature.
(c) The conference shall be noted in the
				  notice of hearing or in a subsequent notice if a conference is later determined
				  to be necessary by the hearing officer.
(d) The purpose of the conference will be to
				  discuss:
(1) the possibility of simplification
				  of issues,
(2) stipulation of facts
				  or findings,
(3) identification of
				  areas where evidence will be needed,
(4) Indication of discovery, and
(5) any other matters which will reduce costs
				  or save time or otherwise aid expeditious disposition of the case.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0215 - SIMPLIFICATION OF ISSUES

Current through Register Vol. 39, No. 2, July 15, 2024
The parties to the hearing may agree in advance to
					 simplification of issues by:
(1)
				  eliminating issues to be contested at the hearing,
(2) accepting the validity of certain
				  proposed evidence,
(3) accepting
				  the findings in some other case with relevance to the case at hand,
				  or
(4) agreeing to such other
				  matters as may expedite the hearing.
Authority
					 G.S.
					 143-546;
					 143B-10(j);
					 150B-11;
					 34 C.F.R.
					 361.48;
Eff. February 1,
					 1976;
Amended Eff. September 1, 1989; October 20, 1979;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0216 - EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Evidence to be
				  admitted in the hearing shall be as specified in
				  G.S.
				  150B-29,
				  G.S.
				  150B-30, and
				  G.S.
				  150B-31.
(b) This adoption by reference is made under
				  G.S.
				  150B-14(c).
Authority
					 G.S.
					 143-546;
					 143B-10(j);
					 150B-11;
					 150B-14(c);
					 150B-29;
					 150B-30;
					 150B-31;
34 C.F.R.
					 361.48;
Eff. February 1,
					 1976;
Amended Eff. September 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0217 - DISQUALIFICATION OF HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If at
				  any time the hearing officer believes he or she cannot conduct the appeals
				  hearing in a fair and impartial manner, the hearing officer shall submit to the
				  Division staff member who appointed the hearing officer a written statement
				  indicating why he or she should be disqualified from the case. Submission of
				  the statement shall disqualify the hearing officer. The Division staff member
				  who appointed the hearing officer shall inform all parties of the
				  disqualification and the reasons therefor.
(b) If a party to the case believes that the
				  hearing officer of record cannot conduct the hearing in a fair and impartial
				  manner, the party shall submit an affidavit to the hearing officer for
				  consideration. The hearing officer shall determine the matter as part of the
				  record in the case.
(c) When a
				  hearing officer is disqualified or it is impracticable for the hearing officer
				  to proceed with the hearing, another hearing officer shall be assigned by the
				  Division staff member who appointed the hearing officer to proceed with the
				  case. However, if it is shown to the Division staff member who appointed the
				  hearing officer or the newly assigned hearing officer that substantial
				  prejudice to any party will result from continuation of the case then either:
(1) the case shall be dismissed without
				  prejudice; or
(2) all or part of
				  the case shall be repeated as necessary to substantially prevent or
				  substantially remove the prejudice. The Division staff member who appointed the
				  hearing officer shall promptly inform all parties of the decision to assign a
				  new hearing officer, that the case has been dismissed without prejudice, or
				  that all or part of the case is to be repeated. Such notification shall include
				  a statement of the reasons for the decision.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0218 - EX PARTE COMMUNICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Ex parte
				  communications in the appeals hearing shall be governed by
				  G.S.
				  150B-35.
(b) This adoption by reference is made under
				  G.S.
				  150B-14(c).
Authority
					 G.S.
					 143-546;
					 143B-10(j);
					 150B-11;
					 150B-14(c);
					 150B-35;
					 34 C.F.R.
					 361.48;
Eff. September 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0219 - OATH

Current through Register Vol. 39, No. 2, July 15, 2024
No person may testify or present arguments, views, or data
					 orally at the hearing before being put under oath or
					 affirmation.
Authority
					 G.S.
					 143-546;
					 143B-10(j);
					 150B-11;
					 34 C.F.R.
					 361.48;
Eff. September 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0220 - CONDUCT OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The hearing
				  officer shall have control over the hearing, including:
(1) the responsibility of having a record
				  made of the hearing;
(2) the
				  administration of oaths and affirmations;
(3) recognition of speakers;
(4) prevention of repetitious presentations;
				  and
(5) general management of the
				  hearing.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0221 - FAILURE TO APPEAR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				  applicant or client fails to appear at the hearing and does not have a
				  representative present, the hearing officer shall cancel the hearing.
(b) The applicant or client may submit a
				  written request for rescheduling of the hearing to the Division staff member
				  who appointed the hearing officer. The request shall provide an explanation of
				  the individual's failure to appear at the hearing or to have a representative
				  present. The Division staff member who appointed the hearing officer may
				  instruct the hearing officer to reschedule the hearing upon a showing of good
				  cause by the applicant or client. "Good cause" may include death or
				  incapacitating illness of the party or an immediate family member of the party,
				  the party's representative, or the party's attorney; involvement in an accident
				  that prevents timely notification of the hearing officer; or failure to receive
				  proper notice of the hearing.
Authority
					 G.S.
					 143-545A;
					 150B-1;
					 34 C.F.R.
					 361.48;
Eff. September 1,
					 1989;
Amended Eff. April 1, 1997;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0222 - HEARING OFFICER'S DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Following the hearing, the hearing officer shall make and
					 issue a decision as specified in
					 34 C.F.R.
					 361.57(b)(4). The decision
					 shall be given to the applicant or client personally or by certified mail. If
					 given by certified mail, it shall be deemed to have been given on the delivery
					 date appearing on the return receipt.
Authority
					 G.S.
					 143-546.1;
					 150B-1;
					 34 C.F.R.
					 361.57;
					 P.L.
					 105-220, s. 102(c);
Eff. September 1,
					 1989;
Amended Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0223 - SECRETARY'S REVIEW AND FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Either
				  party may request an impartial review of the hearing officer's decision
				  according to the standards in Paragraph (d) of this Rule by the Secretary of
				  the Department of Health and Human Services within 20 days of the receipt of
				  the decision.
(b) The Secretary may
				  delegate the responsibility for reviewing the hearing officer's decision and
				  making the final decision to another employee of the Department but shall not
				  delegate the responsibility to any officer or employee of the
				  Division.
(c) In conducting the
				  review, the reviewing official shall send the written notification to both
				  parties and allow the submission of additional evidence as required by Sec. 102
				  (c) of the Rehabilitation Act of 1973 (as amended by the Rehabilitation Act
				  Amendments of 1998, P.L.
				  105-220). The written notification shall be given
				  personally or by certified mail. If given by certified mail, it shall be deemed
				  to have been given on the delivery date appearing on the return
				  receipt.
(d) The reviewing
				  official's review shall be based on the following standards of review:
(1) Is the hearing officer's decision
				  arbitrary, capricious, an abuse of discretion, or otherwise
				  unreasonable?
(2) Is the hearing
				  officer's decision supported by substantial evidence and consistent with facts
				  and applicable federal and state policy?
(3) In reaching the decision, has the hearing
				  officer given appropriate and adequate interpretation to such factors as:
(A) the federal statute and regulations as
				  they apply to specific issue(s) in question;
(B) the state plan as it applies to the
				  specific issue(s) in question;
(C)
				  division rules as they apply to the specific issue(s) in question;
(D) key portions of conflicting
				  testimony;
(E) division options in
				  the delivery of services where such options are permissible under the federal
				  statute; and
(F) restrictions in
				  the federal statute with regard to such supportive services as maintenance and
				  transportation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0224 - EXTENSIONS OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Reasonable time
				  extensions may be granted for the procedures in these Rules at the request of a
				  party or at the request of both parties except for:
(1) the time for continuation of services
				  during mediation, an appeals hearing or an administrative review as specified
				  in Rule .0203(d) of this Section;
(2) the time for conducting the appeals
				  hearing as specified in Rule .0207(b) of this Section which may be extended
				  only as specified in Rule .0207(b) and (d)(4) of this Section;
(3) the time for issuance of the written
				  notice of the formal appeals hearing as specified in Rule .0207(c) of this
				  Section;
(4) the time to request a
				  review of the hearing officer's decision as specified in Rule .0224(a) of this
				  Section; and
(5) the time for the
				  reviewing official's issuance of a final decision as specified in Rule .0224(d)
				  of this Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0225 - RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The official records of appeals hearings
				  shall be maintained in the central office of the Division.
(b) Any person wishing to examine a hearing
				  record shall submit a written request to the Chief of Operations who shall have
				  the record prepared for inspection, including the removal of any confidential
				  material.
Authority
					 G.S.
					 143-545A;
					 150B-1;
					 34 C.F.R.
					 361.48;
Eff. September 1,
					 1989;
Amended Eff. April 1, 1997;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0226 - TRANSCRIPTS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person desiring a transcript of all or part of an
					 appeals hearing shall contact the office of the Chief of Operations. A fee to
					 cover the cost of preparing the transcript shall be charged, and the party may
					 be required to pay the fee in advance of receipt of the transcript. The
					 transcript may be edited to remove confidential material.
Authority
					 G.S.
					 143-545A;
					 150B-1;
					 34 C.F.R.
					 361.48;
Eff. September 1,
					 1989;
Amended Eff. April 1, 1997;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0227 - CIVIL ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
Judicial review of decisions issued pursuant to Rules .0202
					 through .0225 of this Section shall be as specified in Sec. 102(c) of the
					 Rehabilitation Act of 1973 (as amended by the Rehabilitation Act Amendments of
					 1998, P.L.
					 105-220).
Authority
					 G.S.
					 143-545.1;
					 143-546.1;
					 150B-1;
					 P.L.
					 105-220;
Eff. September 1,
					 1989;
Temporary Amendment Eff. March 15, 1999;
Amended
					 Eff. July 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0100 - GENERAL POLICIES › Section 89C .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-545;
					 143-546;
					 143B-10(j);
					 150B-14(c);
					 34 C.F.R.
					 361.5;
					 34 C.F.R. 361.6;
34 C.F.R.
					 361.10;
					 34 C.F.R. 361.19;
					 34 C.F.R.
					 361.24;
Eff. February 1,
					 1976;
Amended Eff. May 1, 1990;
Expired Eff. April 1,
					 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0100 - GENERAL POLICIES › Section 89C .0104 - CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall follow the standards and procedures for
					 safeguarding confidential information outlined in
					 34 C.F.R.
					 361.49. This adoption by reference is made
					 under G.S.
					 150B-14(c).
Authority
					 G.S.
					 143-546;
					 150B-14(c);
					 34 C.F.R.
					 361.49;
Eff. February 1,
					 1976;
Amended Eff. May 1, 1990; October 20, 1979;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0100 - GENERAL POLICIES › Section 89C .0105 - ADMINISTRATIVE REVIEWS AND FAIR APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
Procedures governing administrative reviews and appeals
					 hearings are codified in Subchapter 20B, Section .0200 of this
					 Chapter.
Authority
					 G.S.
					 143-545;
					 143-546;
					 34 C.F.R.
					 361.48;
Eff. February 1,
					 1976;
Amended Eff. March 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0100 - GENERAL POLICIES › Section 89C .0106 - CASE RECORD ON INDIVIDUAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall maintain a case record on each applicant and client. The case
				  record contains material regarding the individual to allow Division staff to:
(1) determine eligibility or
				  ineligibility;
(2) determine the
				  need for extended evaluation to determine rehabilitation potential;
(3) provide the basis for joint planning
				  between the client and counselor in developing the client's individualized
				  written rehabilitation program;
(4)
				  provide documentation of services rendered and the documentation of client
				  progress towards achieving the vocational goal (going to work); and
(5) provide the necessary documentation to
				  meet federal reporting requirements.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0100 - GENERAL POLICIES › Section 89C .0107 - CLIENT INFORMATION FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  utilizes the forms specified in this Rule in its administration of the
				  vocational rehabilitation program. Copies of the forms are available to the
				  public upon written request to:
APA Coordinator
Division of Vocational Rehabilitation Services
805 Ruggles Drive
2801 Mail Service Center
Raleigh, North Carolina 27699-2801.
(b) Client Data Sheet. This form collects
				  basic demographic information on the client (name, address, referral source,
				  age, sex, social security number, public assistance status, etc.) as well as
				  outlining the services being provided by the Division and the actions taken by
				  the Division. This is the primary form used for initiating and updating the
				  client data information with primary utilization being to meet the federal
				  reporting requirements.
(c)
				  Authorization of Services. This form is completed, forwarded to a vendor of
				  services, and gives the vendor agency approval for the initiation of
				  services.
(d) General Basic Medical
				  Examination Record. This form is utilized to collect a record of the client or
				  applicant's general health status and to meet federal requirements for such. It
				  is completed by a medical doctor and becomes part of the client's record. The
				  Division also utilizes, to some degree, variations of this basic form to
				  provide specialty reports on specific disability types:
(1) Medical Report Cardiac
				  Disability,
(2) Medical Report
				  Visual Disability,
(3) Medical
				  Report Hearing Disability,
(4)
				  Physician's Report, and
(5) Report
				  of Dental Examination.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0100 - GENERAL POLICIES › Section 89C .0108 - EXPIRED - HANDICAPPED DRIVERS AND PASSENGERS: PARKING PRIVILEGES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-37.6(c);
					 143B-10;
Eff.
					 October 20, 1979;
Amended Eff. May 1, 1990;
Expired
					 Eff. April 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0100 - GENERAL POLICIES › Section 89C .0109 - RATES AND FEES FOR PURCHASERS OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall establish fees it charges for any
					 services by determining the amount necessary to recoup all direct and indirect
					 costs associated with the respective service. Direct costs are those that can
					 be identified specifically with a particular service. Indirect costs are those
					 that have been incurred for common or multiple services and cannot be readily
					 identified with a specific service. Any fees assessed shall not be in conflict
					 with the provisions regarding comparable benefits in
					 34 C.F.R.
					 361.44.
Authority
					 G.S.
					 143-545.1;
					 143-546.1;
					 34 C.F.R.
					 361.44;
Eff. April 1,
					 1999;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0200 - ELIGIBILITY › Section 89C .0201 - ELIGIBILITY AND INELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Eligibility for vocational rehabilitation services is based only upon the
				  criteria specified in 34
				  C.F.R. 361.42. A preliminary assessment that
				  meets the requirements of 34
				  C.F.R. 361.42 shall be used in order to
				  determine whether an individual is eligible for vocational rehabilitation
				  services or whether an extended evaluation is necessary to make such a
				  determination.
(b) If an extended
				  evaluation is necessary it will meet the requirements of
				  34 C.F.R.
				  361.42.
(c) Determinations of eligibility,
				  ineligibility, or the need for extended evaluation to determine vocational
				  rehabilitation potential, shall meet the requirements of
				  34 C.F.R.
				  361.42. The vocational rehabilitation
				  counselor shall make the appropriate determination and document it in writing
				  and include it in the individual's casefolder.
(d) The Code of Federal Regulations adopted
				  by reference in this Rule shall automatically include any later amendments
				  thereto as allowed by
				  G.S.
				  150B-21.6.
Authority
					 G.S.
					 143-545A;
					 143-546A;
					 150B-21.6;
					 34 C.F.R.
					 361.42;
Eff. February 1,
					 1976;
Amended Eff. July 1, 1998; March 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0200 - ELIGIBILITY › Section 89C .0202 - PROCESSING REFERRALS AND APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall maintain cooperative agreements with other public agencies and
				  shall establish and maintain information and referral programs as required by
				  34 C.F.R.
				  361.37.
(b) Each rehabilitation counselor is assigned
				  to a local office or vocational rehabilitation facility within a particular
				  geographic area. Referrals may be made to the individual counselor, to the
				  local community office, to a vocational rehabilitation facility, or to the
				  state office of the Division. Information regarding referrals shall be
				  forwarded to the appropriate counselor for processing. The counselor shall
				  process the information regarding referrals as promptly as possible.
(c) The counselor shall contact all
				  individuals referred and make a determination of eligibility, ineligibility, or
				  the need for extended evaluation. The Division shall utilize any existing data
				  and information available from the cooperating agencies to assure quick and
				  equitable handling of referrals.
Authority
					 G.S.
					 143-545A;
					 143-546A;
					 34 C.F.R.
					 361.22;
					 34 C.F.R. 361.23;
					 34 C.F.R.
					 361.37;
34 C.F.R.
					 361.41;
Eff. February 1,
					 1976;
Amended Eff. July 1, 1998; March 1, 1990; October 20,
					 1979;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0200 - ELIGIBILITY › Section 89C .0203 - APPLICANT NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall provide written notification to all
					 applicants for services at the time of application that an order of selection
					 as set out in Section .0600 of this Subchapter will be implemented if or when
					 it is determined the Division has insufficient resources to serve all
					 applicants who are determined eligible.
Authority
					 G.S.
					 143-545A;
					 143-546A;
					 34 C.F.R.
					 361.36;
					 P.L.
					 102-569, s. 101(a)(5)(A);
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1998; October 1, 1994; March
					 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0200 - ELIGIBILITY › Section 89C .0204 - CONSIDERATION OF COMPARABLE SERVICES AND BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall determine whether any comparable
					 services and benefits are available under any other program and utilize those
					 services and benefits as required under
					 34 C.F.R.
					 361.47(b).
Authority
					 G.S.
					 143-545;
					 143-546;
					 143B-10(j);
					 34 C.F.R.
					 361.19;
					 34 C.F.R. 361.47(b);
34 C.F.R.
					 361.56;
Eff. February 1,
					 1976;
Amended Eff. March 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0200 - ELIGIBILITY › Section 89C .0205 - SERVICES COVERED BY OR EXEMPT FROM FINANCIAL NEEDS TEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The financial need of a client, as determined by the financial needs test
				  specified in Rule .0206 of this Section, shall apply as a condition for
				  furnishing the following vocational rehabilitation services to clients eligible
				  for services or to clients eligible for extended evaluation or trial work
				  experiences:
(1) physical and mental
				  restoration;
(2)
				  maintenance;
(3)
				  transportation;
(4) occupational
				  license;
(5) tools, equipment, and
				  initial stock (including livestock), supplies and necessary shelters in
				  connection with these items;
(6)
				  services to members of the individual's family necessary to the adjustment or
				  rehabilitation of the individual with disabilities;
(7) rehabilitation technology including
				  vehicular, home modifications, telecommunications, sensory, and other
				  technological aids and devices;
(8)
				  post-employment services provided subsequent to the achievement of an
				  employment outcome necessary to assist individuals with disabilities in
				  maintaining employment (other than those services in Paragraph (d)(1) of this
				  Rule which are provided without regard to financial need);
(9) vocational and other training services,
				  books, tools, and other training materials;
(10) other goods and services expected to
				  benefit an individual with disabilities in obtaining employment or achieving
				  the individual's independent living goals;
(11) non-assessment services for eligible
				  individuals receiving vocational rehabilitation services through trial work
				  experiences or extended evaluation; and
(12) personal and vocational adjustment
				  training and On-the-Job Training that does not conflict with Federal and State
				  wage and hour laws.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0200 - ELIGIBILITY › Section 89C .0206 - FINANCIAL NEEDS TEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A client's
				  financial need shall be determined by application of the General Assembly's
				  financial eligibility scale for non-medicaid medical programs which sets the
				  limit of net annual income for families of various sizes and by consideration
				  of other available assets that could be used to pay for the cost of
				  rehabilitation services. The General Assembly's eligibility financial scale for
				  non-medicaid programs is contained in the annual appropriation bill. In
				  applying the General Assembly's financial eligibility scale, the Division shall
				  follow the provisions of this Rule to determine net monthly income and family
				  size. Financial information is obtained to determine the client's financial
				  eligibility to receive services listed in Paragraph (a) of Rule .0205 of this
				  Section. Financial information obtained may include check stubs, State and
				  Federal income tax forms and other information to document income or other
				  financial resources. If the client does not have check stubs or tax returns,
				  the client shall complete a verification form signed by the client's last
				  employer, the individual who supports the client, or the agency representative
				  who processes the client's public support. Whenever the financial situation of
				  the client is unclear or there is a question regarding the resources of the
				  client, the Unit Manager or Facility Director shall be consulted for analysis
				  or application of client financial information.
(b) The time period to be used as the basis
				  for computing net monthly family income is the month prior to the planning of
				  any service which is based on the individual's financial eligibility. Net
				  monthly family income shall be recomputed at any time there is a change in the
				  family's income but at least annually.
(c) A client's family shall include only the
				  client if the client is not married and any of the following conditions apply:
(1) The client is 23 years of age or
				  older;
(2) The client is a ward of
				  the court;
(3) The client is an
				  emancipated minor;
(4) The client
				  is a veteran of the United States Armed Forces; or
(5) The client is under 23 years of age and
				  can produce a tax return from the year prior to application for services
				  indicating self-support, or receipts, records for basic living expenses such as
				  rent and utilities for a minimum of three consecutive months, pay stubs, or
				  other information such as receipts of medical payments, payment of health
				  insurance premiums, child care payment receipts, and legally mandated payments
				  that indicate that he or she is independently self-supporting.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0300 - SCOPE AND NATURE OF SERVICES › Section 89C .0301 - SCOPE; EVALUATION OF REHABILITATION POTENTIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Pursuant to 34 C.F.R.
				  361.42(b), the Rules in this
				  Section set forth the scope and nature of services provided by the Division
				  that are required under 34
				  C.F.R. 361.42(a).
(b) Each applicant's rehabilitation potential
				  shall be assessed through a diagnostic study. The assessment will consist of an
				  evaluation, as appropriate, of pertinent medical, social, psychological,
				  educational, and vocational factors and will serve as a basis for determining
				  eligibility, ineligibility, the scope of services necessary for an eligible
				  individual's rehabilitation, or the need for extended evaluation. Services
				  under a plan of extended evaluation shall be provided only in those instances
				  where there is a physical or mental disability that constitutes or results in a
				  substantial handicap to employment for an individual, but there is an inability
				  to determine that vocational rehabilitation services will benefit the
				  individual in terms of employment. Services under a plan of extended evaluation
				  may be provided for only 18 months.
Authority
					 G.S.
					 143-546;
					 143B-10(j);
					 34 C.F.R.
					 361.42;
Eff. February 1,
					 1976;
Amended Eff. May 1, 1990; October 20, 1979l;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0300 - SCOPE AND NATURE OF SERVICES › Section 89C .0302 - COUNSELING, GUIDANCE, AND REFERRAL

Current through Register Vol. 39, No. 2, July 15, 2024
The rehabilitation counselor shall help the client develop
					 a realistic individualized written rehabilitation program leading to the
					 objective of employment. The counselor shall provide counseling to clients
					 having adjustment problems, emotional problems, or other personal problems
					 which impede rehabilitation and their ability to work. The counselor shall use
					 referrals to the extent necessary to help clients secure needed services from
					 other agencies and shall advise clients and client applicants about the client
					 assistance program (CAP).
Authority
					 G.S.
					 143B-10(j);
					 34 C.F.R.
					 361.42;
Eff. February 1,
					 1976;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0300 - SCOPE AND NATURE OF SERVICES › Section 89C .0303 - PHYSICAL AND MENTAL RESTORATION SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Physical and mental restoration services may be provided
					 only to those clients determined eligible for a program of rehabilitation
					 services or for extended evaluation. Restoration services shall be provided to
					 these individuals for the purpose of enhancing their employability by removing,
					 improving, or lessening the handicapping problem. Restoration services which
					 may be provided are:
(1) medical or
				  surgical treatment, or both;
(2)
				  psychiatric treatment;
(3)
				  hospitalization (inpatient and outpatient) and clinic services;
(4) prosthetic and orthotic
				  devices;
(5) dental
				  services;
(6) nursing
				  services;
(7) physical
				  therapy;
(8) occupational
				  therapy;
(9) medically directed
				  speech and hearing therapy;
(10)
				  convalescent, nursing, or rest home care;
(11) drugs and supplies;
(12) physical rehabilitation in a
				  rehabilitation facility;
(13)
				  treatment of medical complications that are associated with, or arise from, the
				  provision of physical restoration services; and
(14) other medically related or medical
				  rehabilitation services as indicated.
Authority
					 G.S.
					 143-546;
					 143B-10(j);
					 34 C.F.R.
					 361.42;
Eff. February 1,
					 1976;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0300 - SCOPE AND NATURE OF SERVICES › Section 89C .0304 - VOCATIONAL AND OTHER TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Vocational and other training may be provided only to those clients determined
				  eligible for rehabilitation services or for extended evaluation. These services
				  shall be provided only to extent necessary to achieve the job choice. Training
				  shall be provided in licensed and approved public or private facilities as
				  specified in
				  10 NCAC
				  20D .0207. The Division's funding for
				  training expenses shall be as specified in Rule .0205 of this
				  Subchapter.
(b) Vocational and
				  other training may include on-the-job training; training at community
				  rehabilitation programs; supported employment training; and postsecondary
				  training. Postsecondary training may include:
(1) vocational training at business schools,
				  trade schools, community colleges, technical institutes, nonprofit schools, or
				  proprietary schools, or
(2) college
				  or university training including college parallel programs at community
				  colleges and graduate school.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter C - PROGRAM RULES › Section .0300 - SCOPE AND NATURE OF SERVICES › Section 89C .0305 - MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Maintenance
				  services may be provided at any time during the rehabilitation process
				  including initial evaluation and extended evaluation. These services are
				  supplementary to other rehabilitation services and shall be provided only to
				  enable clients to derive full benefit from their individualized written
				  rehabilitation programs. Service costs shall be limited to the amount of
				  increased costs or expenses that the rehabilitation program causes the
				  individual or the individual's family. Maintenance services include basic
				  living expenses such as food, shelter, clothing, and other subsistence expenses
				  essential to the achievement of employment and other program
				  objectives.
(b) The Division
				  maintains maximum rates of payment on the amount of funds to be expended on
				  individual clients requiring these services. The rates are based on the
				  projected costs of the services. However, exceptions to these limits may be
				  made by the Division for good cause. The maximum rates of payment may be
				  inspected at the Division's State office, 805 Ruggles Drive, Dorothea Dix
				  Campus, Raleigh, North Carolina from 8 a.m. to 5 p.m., Monday through
				  Friday.
Authority
					 G.S.
					 143-546;
					 143B-10(j);
					 34 C.F.R.
					 361.42;
Eff. February 1,
					 1976;
Amended Eff. May 1, 1990; October 20, 1979;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.