reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0600 - RESPONSIBILITIES OF LICENSED OPERATORS › Section 63C .0605 - REPAIRS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Operators shall
				  secure repairs to equipment not to exceed a dollar amount as determined by the
				  Division on an annual basis.
(b) If
				  the repair rate exceeds the amount as determined by the Division, bids must be
				  obtained and submitted to the Division for approval. The Division shall apply
				  state purchasing procedures as found in
				  01 NCAC
				  05 under the State Division of Purchase and
				  Contract.
(c) If the operator is
				  unable to secure bids, he shall contact the Division for assistance.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.4;
					 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Amended Eff. August 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 October 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0600 - RESPONSIBILITIES OF LICENSED OPERATORS › Section 63C .0606 - EQUIPMENT: MERCHANDISE: SUPPLIES: CASH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each operator
				  shall sign a receipt for all equipment, merchandise, supplies, and cash for
				  which he is entrusted when initially placed in a Business Enterprises facility,
				  and shall be held accountable for those assets.
(b) Each operator shall maintain the
				  equipment assigned to him, and shall ensure that the equipment is used only for
				  the purposes of operating the business.
(c) All assets vested in the Division shall
				  be safeguarded and protected.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.7;
					 20 U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002; February 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0600 - RESPONSIBILITIES OF LICENSED OPERATORS › Section 63C .0607 - INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each operator
				  must maintain adequate bodily injury, property damage, and food products
				  liability insurance as will protect the operator, anyone employed by the
				  operator, and the Division against losses and claims arising out of the conduct
				  of the business of the Business Enterprises facility. Each operator must also
				  carry worker's compensation and unemployment insurance as required by state and
				  federal law. Adequate coverage for liability insurance will be determined by
				  the Business Enterprises Program Chief in consultation with the Elected
				  Committee of Vendors and changes in limits shall be conveyed to the operators
				  in writing with a 30-day advance notice.
(b) The costs of such insurance shall be a
				  cost of operating the business of the Business Enterprises facility and taken
				  into account as such in determining the net proceeds of the business.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.7;
					 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002; April 1, 1990;
					 February 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0600 - RESPONSIBILITIES OF LICENSED OPERATORS › Section 63C .0608 - PRICING OF MERCHANDISE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each operator
				  shall determine his own pricing structure commensurate with prevailing pricing
				  of local competitors and shall not take advantage of customers through unfair
				  pricing practices.
(b)
				  Notwithstanding Paragraph (a) of this Rule, in Business Enterprises facilities
				  where prices are determined in some manner by the contract between the Division
				  and the location, the operator must comply with the terms of that
				  contract.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.7;
					 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0700 - EARNINGS: FUNDS: AND PROCEEDS › Section 63C .0701 - REPEALED - MINIMUM FAIR RETURN AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.8;
					 34 C.F.R. 395.9; 20 U.S.C. sec.
					 107;
Eff. February 1, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; April 1, 1990; October 1,
					 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Repealed Eff.
					 October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0700 - EARNINGS: FUNDS: AND PROCEEDS › Section 63C .0702 - SET ASIDE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Set-aside" and
				  "Net Proceeds" are used as defined in
				  34 CFR
				  395.1.
(b) The Division shall set aside funds from
				  the net proceeds of each business enterprises facility to be used for the
				  purposes outlined in 34
				  C.F.R. 395.9.
(c) The set-aside shall not exceed an amount
				  determined to be reasonable by the Commissioner of the Rehabilitation Services
				  Administration, as set forth in
				  34 C.F.R.
				  395.9.
(d) Any set-aside collected in excess of the
				  amount needed to cover the purposes in this Rule and in excess of any
				  reasonable reserve necessary to assure that such purposes can be achieved on a
				  consistent basis shall be refunded on a pro rata basis.
(e) Set-aside rates may be adjusted based on
				  the set-aside fund balance and program goals and objectives and shall be
				  determined by the Division after consultation with the operators and the NC
				  Commission for the Blind.
(f) The
				  Division shall, with the active participation of the ECBV, develop an annual
				  set-aside authorized budget for the Business Enterprises Program subject to
				  Office of State Budget Management approval.
(g) The Division shall provide to the
				  operators an annual report with full and complete disclosure of all set-aside
				  expenditures of the Business Enterprises Program.
Authority
					 G.S.
					 111-12.5;
					 111-13;
					 111-27;
					 111-50;
					 143B-157;
					 34 C.F.R.
					 395.8;
					 34 C.F.R. 395.9; 20 U.S.C. sec.
					 107;
Eff. February 1, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; May 1, 1996; January 1, 1990;
					 July 1, 1987; February 1, 1986; July 1, 1980;
Readopted Eff.
					 October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0700 - EARNINGS: FUNDS: AND PROCEEDS › Section 63C .0703 - EXPIRED - DISTRIBUTION OF PROCEEDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.4;
					 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Amended Eff. December 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; May
					 1, 1996; April 1, 1990; October 1, 1978;
Expired Eff. December 1,
					 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0700 - EARNINGS: FUNDS: AND PROCEEDS › Section 63C .0704 - INCOME FROM VENDING MACHINES ON FEDERAL PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
34
					 C.F.R. 395.8 is incorporated by reference
					 with subsequent amendments and editions, and may be found at no cost at
https://www.govinfo.gov/content/pkg/CFR-2018-title34-vol2/pdf/CFR-2018-title34-vol2-sec395-8.pdf
.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.14;
					 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002; February 1,
					 1986;
Readopted Eff. October 1,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter D - SPECIAL ASSISTANCE FOR THE BLIND › Section .0100 - ELIGIBILITY REQUIREMENTS › Section 63D .0101 - .0106 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-11;
					 111-13;
					 111-14;
					 111-15;
					 111-15(4),(5);
					 111-16;
					 111-19;
					 111-20;
					 111-21;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. December 16, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 April 1, 1990; February 1, 1986; June 1, 1984; February 1, 1982;
Expired Eff. December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter D - SPECIAL ASSISTANCE FOR THE BLIND › Section .0200 - PAYMENTS › Section 63D .0201 - .0203 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-13;
					 111-14;
					 111-17;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. May 1, 1977;
Readopted
					 Eff. November 16, 1977;
Amended Eff. August 1, 2002; February 1,
					 1986; February 1, 1982; December 1, 1977;
Expired Eff. December 1,
					 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter D - SPECIAL ASSISTANCE FOR THE BLIND › Section .0300 - RESOURCES › Section 63D .0301 - .0311 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-13;
					 111-14;
					 111-17;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. December 16, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 April 1, 1990; February 1, 1986; February 1, 1982; December 1,
					 1977;
Expired Eff. December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter D - SPECIAL ASSISTANCE FOR THE BLIND › Section .0400 - ASSISTANCE PAYMENT PROCEDURE › Section 63D .0401 - .0405 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-13;
					 111-16;
					 111-17;
					 111-18;
					 111-30;
					 111-31;
					 111-32;
					 111-33;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. December 16, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 April 1, 1990; February 1, 1986; November 1, 1980; May 1, 1980;
Expired Eff. December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter D - SPECIAL ASSISTANCE FOR THE BLIND › Section .0500 - PROCEDURE FOR PAYMENT › Section 63D .0501 - .0504 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-13;
					 111-15(4),(5);
					 111-17;
					 111-18;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff December 16, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 April 1, 1990; February 1, 1986; February 1, 1982;
Expired Eff.
					 December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter D - SPECIAL ASSISTANCE FOR THE BLIND › Section .0600 - INDIVIDUAL RIGHTS › Section 63D .0601 - .0604 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-13;
					 111-23;
					 111-27.1;
					 111-28;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. December 16, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 April 1, 1990; February 1, 1986; February 1, 1982;
Expired Eff.
					 December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter D - SPECIAL ASSISTANCE FOR THE BLIND › Section .0700 - CONTESTED CASES › Section 63D .0701 - .0702 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-16;
					 143B-157;
					 150B-23;
Eff.
					 February 1, 1976;
Amended Eff. December 16, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 April 1, 1990; February 1, 1986;
Expired Eff. December 1, 2015
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter D - SPECIAL ASSISTANCE FOR THE BLIND › Section .0800 - DISTRIBUTION OF EQUALIZATION FUNDS FOR SAB CASES BYCOUNTIES › Section 63D .0801 - .0802 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G. S.
					 111-29;
Eff. September 1,
					 1980;
Amended Eff. August 1, 2002; February 1, 1986;
Expired Eff. December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter E - INDEPENDENT LIVING SERVICES › Section .0100 - ELIGIBILITY FOR SERVICES › Section 63E .0101 - BASIC ELIGIBILITY CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  addition to the requirements of
				  10A NCAC
				  71R .0600, where applicable, an individual
				  must be determined eligible to receive services under the Social Services Block
				  Grant (Title XX) on the basis of:
(1) need,
				  with regard to income for In-Home Aide Services;
(2) need without regard to income for all
				  other services.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter E - INDEPENDENT LIVING SERVICES › Section .0100 - ELIGIBILITY FOR SERVICES › Section 63E .0102 - ELIGIBILITY BASED ON VISION LOSS

Current through Register Vol. 39, No. 2, July 15, 2024
The following categories show the level of vision loss
					 which must exist in order for a person to meet the definition of visually
					 impaired or blind for the purpose of being served by the social worker for the
					 blind:
(1) legally blind; or
(2) persons with best corrected central
				  visual acuity of 20/70 or less in the better eye; or
(3) persons with one or both of the following
				  conditions:
(a) the presence of chronic,
				  progressive eye pathology;
(b)
				  visual acuity better than 20/70 which nevertheless results in a vocational or
				  functional handicap.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter E - INDEPENDENT LIVING SERVICES › Section .0200 - GOALS AND SERVICES › Section 63E .0201 - GOALS

Current through Register Vol. 39, No. 2, July 15, 2024
All services provided to consumers of the Division of
					 Services for the Blind Independent Living Services Program shall be directed
					 towards the three goals of:
(1)
				  achieving and maintaining self-sufficiency, including reduction or prevention
				  of dependency;
(2) preventing or
				  reducing institutional care by providing for community-based care, home-based
				  care, or other forms of less intensive care; and
(3) preventing and remedying neglect, abuse,
				  or exploitation of persons unable to protect their own interests, or
				  preserving, rehabilitating, or reuniting families.
Authority
					 G.S.
					 111-28; 42 U.C.S. 1397;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; February 1, 1986; July 1, 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter E - INDEPENDENT LIVING SERVICES › Section .0300 - DELIVERY OF SERVICES › Section 63E .0301 - AUTHORIZATION: INDEPENDENT LIVING SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Authorization for Services is needed to authorize
					 purchase of any Title XX services and components. This form is completed by the
					 social worker for the blind.
Authority
					 G.S.
					 111-28;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. August 24, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. December 1,
					 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter E - INDEPENDENT LIVING SERVICES › Section .0400 - INDIVIDUAL RIGHTS › Section 63E .0401 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
All information contained in the consumer files of the
					 agency is confidential and shall not be released to anyone except upon the
					 written consent of the consumer or in compliance with other state or federal
					 laws or regulations.
Authority
					 G.S.
					 111-28;
					 143B-157;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; April 1, 1990; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter E - INDEPENDENT LIVING SERVICES › Section .0400 - INDIVIDUAL RIGHTS › Section 63E .0402 - APPEAL TO DESIGNATED AGENCY REPRESENTATIVE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  a consumer is dissatisfied with an action taken by or service delivered by the
				  independent living service program, that consumer may request a conference with
				  the designated agency representative.
(b) A conference shall be held within 30
				  calendar days from the receipt of the original request.
(c) If the conference solves the grievance or
				  dissatisfaction, this shall be stated in writing and signed by the
				  consumer.
(d) The agency
				  representative shall prepare a written report of the conference within 15
				  calendar days of the conference.
Authority
					 G.S.
					 111-16;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. October 12, 1977;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 December 1, 1990; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter E - INDEPENDENT LIVING SERVICES › Section .0400 - INDIVIDUAL RIGHTS › Section 63E .0403 - REQUEST FOR CONTESTED CASE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				  results of the conference are unsatisfactory, the consumer shall be informed by
				  the designated agency representative of his or her right to a contested case
				  hearing.
(b) All petitions for
				  review of agency decisions (G.S. 150B) shall be heard by the Office of
				  Administrative Hearings. The agency shall notify the consumer in writing that
				  he has the right to petition the Office of Administrative Hearings and request
				  a contested case hearing. The consumer shall be instructed to contact OAH and
				  request the specific forms to be completed.
(c) In this same written notice the consumer
				  shall be instructed that he or she has 60 calendar days from the date of
				  receipt of the agency notice to request a contested case hearing through OAH.
				  Any request for a contested case hearing must be returned by the consumer
				  directly to the Office of Administrative Hearings.
(d) The Office of Administrative Hearings
				  issues, as appropriate, either a final decision or a recommended decision which
				  will be sent to the Director of the Division of Services for the Blind. The
				  agency shall provide the consumer a written copy of the final decision. A copy
				  shall also be placed in the consumer's file.
Authority
					 G.S.
					 143B-157;
					 150B-3;
Eff.
					 December 1, 1990;
Amended Eff. August 1, 2002;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0101 - ELIGIBILITY FOR AND AUTHORIZATION OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  Individualized Plan for Employment shall be developed to provide services to
				  applicants to the vocational rehabilitation program who meet the following
				  criteria:
(1) the applicant for services has a
				  physical or mental impairment;
(2)
				  the physical or mental impairment constitutes or results in a substantial
				  impediment to employment for the applicant; and
(3) the applicant requires vocational
				  rehabilitation services in order to prepare for, secure, retain, advance in, or
				  regain employment.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0103 - PHYSICAL AND MENTAL RESTORATION SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  following physical and mental restoration services may be provided to consumers
				  if required in order to complete an assessment for the purposes of determining
				  eligibility or as part of an Individualized Plan for Employment for consumers
				  determined eligible for vocational rehabilitation services:
(1) surgery or treatment;
(2) psychological and psychiatric
				  treatment;
(3) dental
				  treatment;
(4) nursing
				  services;
(5) hospitalization
				  (either in-patient or out-patient care) and clinic services;
(6) drugs and supplies;
(7) prosthetic devices essential to obtaining
				  or retaining employment;
(8)
				  physical therapy;
(9) occupational
				  therapy;
(10) medically directed
				  speech or hearing therapy;
(11)
				  eyeglasses, lenses, and visual aids including the services necessary to
				  prescribe and train in the use of specialized visual aids;
(12) treatment of medical complications and
				  emergencies, either acute or chronic, which are associated with or arise out of
				  the provision of physical restoration services, or are inherent in the
				  condition under treatment; and
(13)
				  other medical or medically related rehabilitation services.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0104 - TRANSPORTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  shall furnish transportation to eligible individuals and to members of their
				  family, in connection with the provision of diagnostic and other services when
				  such transportation is necessary to the individual's vocational
				  rehabilitation.
(b) Such
				  transportation includes:
(1) costs of travel
				  and subsistence during travel (or per diem allowance in lieu of subsistence)
				  for eligible consumers and their attendants or escorts, where such assistance
				  is needed; and
(2) relocation and
				  moving expenses necessary for the achievement of a job after it is determined
				  that the eligible consumer has adjusted to the employment situation and the job
				  is permanent.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0105 - MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Maintenance
				  shall be provided by the Division only in order to enable an applicant or
				  eligible consumer to derive the full benefit of other vocational rehabilitation
				  services being provided. Service costs shall be limited to the amount of
				  increased costs that are in excess of the normal expenses that are necessitated
				  by the applicant or the eligible consumer's participation in a rehabilitation
				  program.
(b) The major types of
				  living expenses covered by maintenance payments are as follows:
(1) board;
(2) room;
(3) laundry;
(4) clothing; and
(5) other subsistence expenses necessary to
				  achieve the eligible consumer's vocational rehabilitation outcome.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0106 - JOB PLACEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Successful
				  employment in a competitive integrated setting is the ultimate goal of the
				  vocational rehabilitation program and the goal toward which all services are
				  directed. Division staff shall assist eligible consumers pursue employment in a
				  job that is, to the greatest extent possible, consistent with that consumers
				  skills, interests, needs, and informed choice. Job seeking skills training, job
				  development, job placement, on-the-job training, supported employment,
				  follow-up after placement, and employer education about vision loss and other
				  employment-related incentives shall be used by staff in providing job placement
				  service.
(b) The case file shall be
				  closed for a consumer who has achieved a successful employment outcome when the
				  following requirements have been met:
(1) The
				  consumer has achieved the employment outcome as stated on his or her
				  Individualized Plan for Employment consistent with that consumer's skills,
				  abilities, interests, and informed choice, and the consumer is employed in the
				  most integrated setting possible consistent with his or her informed
				  choice;
(2) The consumer has
				  maintained the job for period of time sufficient to demonstrate the stability
				  of the employment outcome and that the consumer no longer needs vocational
				  rehabilitation services. The job must be maintained for at least 90 days;
				  and
(3) At the time of case closure
				  the consumer and the Division's rehabilitation counselor must agree that the
				  employment outcome is satisfactory and that the consumer is performing well in
				  the job.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0107 - ESTABLISHMENT OF SMALL BUSINESS OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall provide technical assistance and other services to eligible
				  individuals for whom it has been determined that self-employment through a
				  small business operation is the employment outcome to be achieved through
				  services outlined on the Individualized Plan for Employment. These services
				  include market analyses, development of a business plan, and provision of funds
				  that will in full or in part support the business operation as outlined on the
				  IPE at a level agreed upon by the consumer and the Division's counselor. The
				  employment outcome must allow the eligible individual to become a successful
				  entrepreneur with projected income equivalent to, or above, the level of
				  Substantial Gainful Activity (SGA) as established by the Social Security
				  Administration annually. Outside resources, such as the University of North
				  Carolina's Small Business and Technology Development Centers, shall be used to
				  develop a proposal for the establishment or expansion of a small business. The
				  proposal shall consist of a business plan with the following data:
(1) A summary of product/service or the
				  proposed business;
(2) Company
				  background information;
(3)
				  Detailed description of product/service;
(4) Market information specific to the
				  proposed business location;
(5)
				  Competition information specific to the proposed business location;
(6) Marketing strategies;
(7) Location of the small business with
				  specific details;
(8) Management
				  and operation plans, to include the eligible individual's role;
(9) Financial information including a
				  projection of anticipated income per month (or per completed task) and the
				  anticipated expenses of operating the business (If the consumer is unable to
				  establish this independently, an accountant or CPA may be hired to conduct an
				  independent objective assessment; and
(10) Specific costs of the establishment,
				  including information of the eligible individual's contributions.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0108 - READER SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Reader service
				  may be provided in order to assist a consumer in completing an assessment or as
				  part of the services required under a consumer's Individualized Plan for
				  Employment in order to achieve the stated employment outcome.
(b) When reader service is provided, the
				  consumer shall employ and manage the reader and shall report to the Division
				  any and all information necessary for the Division to reimburse the reader for
				  services rendered as submitted by the consumer.
(c) Reader services shall be provided at a
				  hiring rate not to exceed the State minimum wage or the university or college
				  work-study rate, whichever is higher.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.48(k);
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; February 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0109 - INTERPRETER SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall provide sign language interpreter
					 services for deaf and hard of hearing consumers and foreign language
					 interpreter services for consumers for whom English is not their native
					 language as follows:
(1) Interpreter
				  service shall be provided to consumers to enable them to participate in an
				  assessment or as part of the services identified on the Individualized Plan for
				  Employment as required for the consumer to achieve the stated employment
				  outcome.
(2) The authorization for
				  services shall be issued by the Division to the interpreter and the interpreter
				  will bill the Division for services rendered based upon an agreed to number of
				  hours, competence, and certification.
(3) The Division shall obtain the services of
				  interpreters who can meet the needs of the consumer.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.48(j);
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; February 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0110 - SERVICES TO FAMILY MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  purposes of this Subchapter, "family members" is used as defined in
				  34 C.F.R.
				  361.5(b)(23).
(b) Services may be provided to family
				  members of applicants or consumers receiving services under an Individualized
				  Plan for Employment if the services are necessary for the applicants or
				  eligible consumer to participate in an assessment or to achieve the employment
				  outcome stated on the consumer's Individualized Plan for Employment.
(c) Such services shall include only those
				  services which may be expected to contribute to the determination of
				  rehabilitation potential or to the rehabilitation of the applicant or eligible
				  individual.
Authority
					 G.S.
					 111-28 34; C.F.R. 361.48(l);
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0111 - SERVICES TO GROUPS OF INDIVIDUALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Consistent with the provision of
				  34 C.F.R.
				  361.49 the Division may provide vocational
				  rehabilitation services to groups of individuals including construction of a
				  facility for community rehabilitation purposes as contained in
				  34 C.F.R.
				  361.60 and
				  361.61.
(b) Such facilities and services may include,
				  but are not limited to, the removal of architectural barriers from buildings to
				  be used for the training or employment of people with disabilities, the
				  provision of instructional materials or services for a group of blind or
				  visually impaired individuals, or the provision of a special bus or other
				  vehicle for the transportation of individuals with disabilities.
(c) All such services shall be provided based
				  upon the availability of federal rehabilitation funds and non-federal matching
				  funds as stated in 34 C.F.R.
				  361.60.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.49;
					 34 C.F.R. 361.60;
					 34 C.F.R.
					 361.61;
Eff. February 1,
					 1976;
Readopted Eff. November 16, 1977;
Amended Eff.
					 August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0112 - OTHER SERVICES: MEDICAL CARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  shall provide to eligible consumers other goods and services available as
				  provided in 34 C.F.R.
				  361.48(t), when such
				  services are necessary to determine the rehabilitation potential of the client
				  or to render him fit for gainful employment.
(b) The Division shall furnish medical care
				  for up to 30 days for acute conditions arising in the course of vocational
				  rehabilitation, which, if not cared for, would constitute a hazard to the
				  achievement of the vocational rehabilitation objective, or the completion of
				  the extended evaluation to determine rehabilitation potential.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.48(d)(t);
					 34 C.F.R.
					 361.5(b)(40);
Eff. February 1, 1976;
Readopted Eff.
					 November 16, 1977;
Amended Eff. August 1, 2002; April 1, 1990;
					 February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0100 - SERVICES › Section 63F .0113 - RATES OF PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Vendors providing any services authorized by the state
					 agency must agree not to make any charge to or accept any payment from the
					 consumer or his family for services unless the amount of the charge or payment
					 is previously known and approved by the state Division consistent with the
					 consumer's Individualized Plan for Employment.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.46;
Eff. December 1,
					 1981;
Amended Eff. August 1, 2002; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0200 - CONSTRUCTION OF REHABILITATION FACILITY › Section 63F .0201 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The primary purpose of the construction of any
					 rehabilitation facility is to provide vocational rehabilitation services to
					 individuals with disabilities that include work evaluation and training that
					 will lead to competitive employment in an integrated setting.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.49(a)(1);
Eff. February 1, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0200 - CONSTRUCTION OF REHABILITATION FACILITY › Section 63F .0202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall comply with definitions and guidelines
					 as specified for "Construction of a public or nonprofit community
					 rehabilitation program" as found in
					 34 C.F.R.
					 361.5(b)(12).
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.5(b)(12);
Eff. February 1, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0300 - STANDARDS FOR FACILITIES › Section 63F .0301 - TYPES OF FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  shall use whenever feasible facilities that are accredited by a public
				  authority or professional organization to provide medical care, education, and
				  other services. Facilities shall be selected for use in providing the eligible
				  consumer's rehabilitation program based on the individualized rehabilitation
				  needs of the consumer. Facilities may include hospitals, convalescent and
				  nursing homes, rehabilitation centers, colleges, universities, community
				  colleges and technical schools, community rehabilitation program or other
				  facilities as needed by the eligible consumer.
(b) Students shall receive their training in
				  schools and colleges accredited by the Southern Association of Secondary
				  Schools and Colleges or state accrediting agencies.
(c) Any facility in which vocational
				  rehabilitation services are provided and any provider of vocational
				  rehabilitation services shall meet the program accessibility and special
				  communication requirements specified in
				  34 C.F.R.
				  361.51.
Authority
					 G.S.
					 111-6;
					 111-6.1;
					 111-28;
					 34 C.F.R.
					 361.51;
					 34 C.F.R. 361.52;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0400 - ECONOMIC NEED › Section 63F .0401 - BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Services for the Blind shall give consideration to all other benefits available
				  to the consumer with a visual disability by way of pension, compensation, or
				  insurance to meet, in whole or in part, the cost of any vocational
				  rehabilitation services provided to the consumer except the following:
(1) assessment for determining eligibility
				  and vocational rehabilitation needs;
(2) counseling and guidance, including
				  information and support services to assist the applicant or consumer in
				  exercising informed choice;
(3)
				  referral and other services to secure needed services from other agencies if
				  those services are not available;
(4) job-related services, including job
				  search and placement assistance, job retention services, and follow-up
				  services;
(5) rehabilitation
				  technology, including telecommunications, sensory, and other technological
				  aids; and
(6) post-employment
				  services listed in Subparagraphs (1) through (5) of this Paragraph.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0400 - ECONOMIC NEED › Section 63F .0403 - ECONOMIC NEEDS SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Services for the Blind shall determine a consumer's financial eligibility for
				  services subject to a financial needs test by application of the financial
				  eligibility scale established by the General Assembly. Copies of the economic
				  needs schedule can be found at any Division office.
(b) The Division shall obtain financial
				  information from consumers to determine their financial eligibility to receive
				  services listed in Rule .0402(c) of this Section. Financial information
				  obtained may include wage and earning statement, State and Federal income tax
				  forms, W2 form, bank statements and other information to document income or
				  other financial resources. If the consumer does not have documents to verify
				  income, the consumer shall complete a verification form provided by the agency
				  and signed by the consumer's last employer, the individual who financially
				  supports the consumer, or the agency representative who processes the
				  consumer's public support. For the purpose of this Rule, "public support" means
				  economic payment provided by state or federal government to someone in economic
				  need.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.54;
Eff. February 1,
					 1976;
Readopted Eff. November 16, 1977
Amended Eff.
					 April 1, 1990; February 1, 1986; February 1, 1982; July 1, 1979;
Temporary Amendment Eff. August 1, 2001;
Amended Eff. September 1,
					 2012; August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0500 - APPLICANTS › Section 63F .0501 - REFERRALS

Current through Register Vol. 39, No. 2, July 15, 2024
Applicants for services shall be assigned to a
					 rehabilitation counselor. The rehabilitation counselor shall contact all
					 referrals as promptly as possible. The counselor must make a decision regarding
					 eligibility of the applicant within 60 days of completion of application for
					 services or, unless exceptional and unforeseen circumstances beyond the control
					 of the Division preclude making an eligibility decision, the counselor must
					 obtain the signature of the applicant agreeing to extend the time frame for
					 making the eligibility determination. The counselor shall use all existing
					 information available from other sources in order to assure that an eligibility
					 decision is made as promptly as possible.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.41;
Eff. February 1,
					 1976;
Readopted Eff. November 16, 1977;
Amended Eff.
					 August 1, 2002; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0500 - APPLICANTS › Section 63F .0502 - ORDER OF SELECTION FOR SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
All vocational rehabilitation services shall be provided
					 without delay to all individuals determined to be eligible for services;
					 however, if a situation should develop under which vocational rehabilitation
					 services cannot be extended without delay to all eligible individuals, because
					 the Division does not have the financial or staff resources to serve all
					 eligible individuals who apply for services, an order of selection for
					 provision of services shall be implemented. Rules .0504, .0505, and .0506 in
					 this Section set out the order of selection for services that shall be followed
					 by the Division of Services for the Blind Rehabilitation Program. The Rules in
					 this Section do not apply to the Independent Living Rehabilitation Program. As
					 used in this order of selection, the following terms have the meaning
					 specified:
(1) "Division" means the
				  Division of Services of the Blind of the Department of Health and Human
				  Services.
(2) "Division Director"
				  or "Director" means the Director of the Division of Services for the
				  Blind.
(3) "Eligible individual"
				  means an applicant whom the Division has determined meets the eligibility
				  criteria as stated in Rule .0101 of this Subchapter.
(4) "Individual with a significant
				  disability" has the meaning specified in
				  P.L.
				  105-220, Title IV, Section 7(21) which is
				  incorporated by reference.
(5)
				  "Individual with the most significant disability" means an individual with a
				  significant disability whose impairment seriously limits two or more functional
				  capacities in terms of an employment outcome.
(6) "Functional capacity" means the ability
				  to perform in the following areas:
(a)
				  mobility;
(b)
				  communication;
(c)
				  self-care;
(d)
				  self-direction;
(e) interpersonal
				  skills;
(f) work skills;
				  and
(g) work tolerance.
The Section of the Public Law incorporated by reference in
					 this Rule shall automatically include any later amendments thereto as allowed
					 by G.S.
					 150B-21.6. Copies of the Section of the
					 Public Law so incorporated may be obtained at no cost from the
					 Division.