reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 10 - COUNSELING AND GUIDANCE SERVICES › Section 10:95-10.3 - Career development services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission's career development services assist vocational rehabilitation
				clients in obtaining appropriate employment by working directly with clients,
				professionals and prospective employers of blind and visually impaired job
				applicants. These services may be provided to clients who are ready for
				employment, receiving post-employment services, or in need of career
				information.
(b) Career development
				services may include the following:
1.
				Development of on-the-job evaluations, training and employment
				opportunities;
2. Provide
				consultative services to employers regarding job placement and related
				services;
3. Assistance to clients
				in developing job seeking skills; and
4. Provision of career information on
				employment trends, career choices, job evaluation, training, job readiness and
				the appropriate choice of a post-secondary education curriculum.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 11 - MAINTENANCE SERVICES › Section 10:95-11.1 - General purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Maintenance is
				a supportive service provided only to enable an individual to participate in
				other vocational rehabilitation services. It is provided to the client in
				meeting the extra or added costs of food, shelter, clothing and other
				subsistence expenses arising from the active participation in a vocational
				rehabilitation program. Maintenance payments are not intended to ameliorate
				poverty.
(b) The Commission shall
				provide maintenance payments to or on behalf of eligible clients only up to the
				amount of increased expenses that the rehabilitation program causes for the
				individual or his or her family.
(c) The Commission shall apply its financial
				needs standard as set forth at N.J.A.C. 10:91-3 to the provision of maintenance
				services to all vocational rehabilitation clients except for those individuals
				who are receiving diagnostic services, work adjustment training or basic skills
				training.
(d) The Commission shall
				ascertain an individual's financial need each time the need for maintenance
				services arises (see N.J.A.C. 10:91-3 ).
(e) The Commission shall provide maintenance
				services to or on behalf of eligible clients as follows:
1. If the client is receiving meals as part
				of boarding costs, the Commission shall pay the published cost of the meal
				plan;
2. If the client is not
				receiving meals as part of boarding costs, the payment rate shall be the
				current daily rate of meal reimbursement for New Jersey State employees. This
				rate will also be paid to clients at residential facilities for those meals
				that shall not be provided on weekends or holidays;
3. If the client is receiving a room as part
				of residential costs, the Commission shall pay for the current cost of the
				room;
4. If housing is available at
				the facility and the client chooses to live independently, the rate of payment
				shall not exceed that of the residential housing available;
5. If no housing is available at the
				facility, the rate of payment shall not exceed the rate paid for board at the
				least expensive public State university.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 12 - PLACEMENT SERVICES › Section 10:95-12.1 - General purpose and scope of placement and adaptive equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Placement and
				adaptive equipment may be issued to eligible vocational rehabilitation clients
				to enable them to compete equally in the job market.
(b) Placement equipment refers to those
				tools, appliances, machinery, licenses, initial stocks and supplies which
				enable an individual to perform his or her job.
(c) A description of adaptive equipment is
				set forth at
				10:95-9.1(b).
(d) A client who has just begun employment or
				who is receiving post-employment services may be eligible to receive placement
				or adaptive equipment provided by the Commission. Employers will be encouraged
				to participate in the purchase of placement and/or adaptive
				equipment.
(e) A client must have
				the ability to use the equipment or be trained in its use at the time that the
				purchase is made. This shall be identified in the IPE.
(f) The Commission's economic needs standard
				as set forth at N.J.A.C. 10:91-3 shall be applied to the purchase of all
				placement and/or adaptive equipment.
(g) The Commission shall officially transfer
				ownership of placement or adaptive equipment to the client or co-payee
				(employer) when the client is deemed to be competitively employed in accordance
				with the provisions of
				10:95-17.2. The client or the
				employer shall be responsible for the cost of insuring the equipment. The
				counselor shall discuss this obligation with the client and the employer to
				assure that the client or employer agree to insure the equipment. The
				Commission shall purchase any necessary maintenance contract on the equipment
				for up to one year when the equipment is purchased. The client or co-payee
				(employer) shall pay the cost of the maintenance contract after the first year.
				The client or co-payee (employer) shall be responsible for all deductibles,
				repairs or routine maintenance not covered by the contract.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 12 - PLACEMENT SERVICES › Section 10:95-12.2 - Business enterprise program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission's business enterprise program is designed to emphasize and reaffirm
				the Commission's commitment to assist those clients whose vocational goal is
				self-employment. The program provides coordinated services to the client from
				the beginning of the diagnostic evaluation through and into the actual
				operation of the business.
(b) The
				business enterprise program includes the following:
1. The Randolph Sheppard program (see
				N.J.A.C. 10:97); and
2. The small
				business program (see
				10:95-12.3 ).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 12 - PLACEMENT SERVICES › Section 10:95-12.3 - Small business program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The small
				business program is designed to provide vocational rehabilitation services to
				those clients whose goal is to establish a solely owned business.
(b) The following criteria will determine a
				client's eligibility for the small business program:
1. The client must indicate a commitment to
				own and operate his or her own business;
2. The business goal must be appropriate to
				the client's physical/mental condition according to the counselor based upon
				documented medical conditions pertaining to the requirement of the
				business;
3. The client must
				demonstrate an ability to acquire basic business management skills such as
				maintaining inventory and financial records;
4. The client shall have at least two years
				experience in the type of business or have related experience in the business
				that he or she wishes to operate; and
5. The client shall develop a comprehensive
				business plan or business proposal or plan which shall allow the Commission and
				other funding sources (that is, banks, the Small Business Administration) an
				opportunity to evaluate its chances of success.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 12 - PLACEMENT SERVICES › Section 10:95-12.4 - Competitive employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A client will
				be considered competitively employed when the client, vocational rehabilitation
				counselor and employer determine that the client is suitably employed for a
				minimum of 90 days and has reached his or her vocational goal. The standards
				for determining suitable employment shall be as follows:
1. The client and the employer are mutually
				satisfied;
2. The client is
				maintaining acceptable behavior in the job environment;
3. The occupation is consistent with the
				client's capabilities and the client possesses the acceptable skills to perform
				or continue to work satisfactorily;
4. The employment and working conditions do
				not aggravate the client's disability, and the client's disability will not
				jeopardize his or her own or others health and safety;
5. The wage and working conditions conform to
				all state and Federal statutory requirements; and
6. The employment is regular, reasonably
				permanent and the client receives a wage commensurate with that paid other
				workers for similar work.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 12 - PLACEMENT SERVICES › Section 10:95-12.5 - Non-competitive employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				shall be considered non-competitive occupations:
1. Unpaid family worker; and
2. Homemaker.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 12 - PLACEMENT SERVICES › Section 10:95-12.6 - Extended employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Extended
				employment in a sheltered setting is a legitimate and valuable employment
				option for individuals with disabilities and such individuals may wish to
				pursue long term extended employment outside the Commission's vocational
				rehabilitation program.
(b) The
				Commission is not permitted under Federal regulations to utilize Federal funds
				to take, as a successful employment outcome, an individual placed in a
				non-integrated employment setting (also referred to as sheltered employment).
1. Individuals who indicate that they only
				wish extended (sheltered) employment are referred directly to the
				community-based organization/facility. A referral shall also be sent to the
				DVRS Community Rehabilitation Chief. The facility will utilize State funding to
				conduct an evaluation of the individual.
2. Individuals who indicate that they wish
				integrated employment in the community can be provided a 50-day evaluation,
				using Commission Federal funds. The counselor can then assist the client in
				finding suitable employment or, if appropriate, authorizing for Work Adjustment
				Training (WAT). Upon completion of the WAT, the client can be placed outside
				the facility or remain at the facility for up to a year while a suitable
				employment is found. State funding is utilized to support the client after the
				WAT is completed.
3. Individuals
				who are placed in employment setting outside the community-based program will
				be followed up for at least 90 days to ensure that the placement is successful
				and will be closed as rehabilitated.
4. Individuals who decide to remain at the
				community-based program as an extended employee shall be closed as not
				rehabilitated.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 13 - POST-EMPLOYMENT SERVICES › Section 10:95-13.1 - General purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Post-employment
				services are designed to assist the individual in maintaining, regaining or
				advancing in employment after the individual has been determined to be
				rehabilitated. Post-employment services may include any vocational
				rehabilitation services or combination of services necessary to assist the
				individual in maintaining employment. Counseling and guidance and other
				appropriate services will be provided to maintain an individual's
				employment.
(b) The following
				criteria shall be established for the provision of post-employment services:
1. The individual has been determined to be
				rehabilitated;
2. Post-employment
				services are necessary to assist the individual in maintaining
				employment;
3. The services act as
				a supplement to the services provided prior to case closure;
4. The services do not entail a complex or
				comprehensive rehabilitation effort; and
5. The services are related to the client's
				individualized plan for employment developed during the rehabilitation
				process.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 14 - SERVICES TO CLIENTS' FAMILIES › Section 10:95-14.1 - General purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Services shall
				be provided to family members when such services are necessary to the
				adjustment or rehabilitation of the client. The objective of the client's
				successful rehabilitation is carried out by helping the family recognize its
				responsibilities to use its own resources for contributing to the
				rehabilitation of the client, and supplementing or supporting as necessary the
				family's own resources or the resources available in the community.
(b) For the purposes of this subchapter, a
				family member is any relative of the client by blood or marriage, or legally
				responsible person or other individual(s) living in the same household with
				whom the client has a close interpersonal relationship.
(c) An individual who meets the definition of
				family member in (b) above may receive services after the client has been
				determined eligible for vocational rehabilitation services, during any active
				phase of the client's case (see
				10:91-2.3, 2.7, and
				10:95-3.3 and 13.1).
(d) The Commission shall provide services to
				a client's family only if it is necessary for the rehabilitation of the client
				and the services are not otherwise available through existing community
				agencies.
(e) The Commission, the
				client and the client's family member(s) shall jointly determine the need for
				Commission services based on the following criteria:
1. The services to the client's family will
				have a substantial impact on the client;
2. The service will allow or increase the
				opportunities for the client to use vocational rehabilitation
				services;
3. Without the services
				the client would be unable to begin or continue his or her individualized plan
				for employment; or
4. The
				individualized plan for employment would be jeopardized or interfered with to
				the extent that employment would be unnecessarily delayed or could not be
				achieved.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 15 - TRANSPORTATION SERVICES › Section 10:95-15.1 - General purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Transportation
				is a supportive service which contributes to the eligible individual's ability
				to participate in or receive the benefits of vocational rehabilitation
				services. Transportation services consist of necessary travel and related
				expenses, including subsistence during travel, in connection with transporting
				individuals and their escorts (if necessary) for the purpose of providing
				vocational rehabilitation services. Transportation includes:
1. Travel costs associated with using public
				or private transportation;
2.
				Subsistence while in travel;
3.
				Payment for the services of escorts, other than family members, for severely
				disabled persons and the escorts' travel costs;
4. Relocation and moving expenses;
				and
5. Other transportation related
				expenses such as tolls.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 16 - OTHER SERVICES › Section 10:95-16.1 - Other training and placement related services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Other training
				and placement related services are basic services or pieces of equipment which
				are required by clients for their education or training because of their visual
				impairment.
(b) The Commission
				shall apply its comparable benefits and services rules as set forth at N.J.A.C.
				10:91-3 to the provision of services described in (c) below.
(c) The other training and placement related
				services available from the Commission shall be:
1. An allotment for reader/amanuensis
				service. The Commission's reader/amanuensis rules are set forth at
				10:95-8.8;
2. Orientation and mobility training. The
				Commission's orientation and mobility rules are set forth at N.J.A.C.
				10:93-3;
3. Rehabilitation
				teaching. The Commission's rehabilitation teaching rules are set forth at
				N.J.A.C. 10:93-4;
4. Interpreter
				for deaf/blind clients. The Commission shall pay the market fees after
				consultation with the New Jersey Division of the Deaf and Hard of Hearing. The
				vocational rehabilitation counselor shall pay an additional 15 percent of the
				hourly or daily rate for a totally blind client who requires hands-on
				interpretation; and
5. Interpreter
				for non-English speaking clients.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 17 - CRITERIA FOR CASE CLOSURE › Section 10:95-17.1 - Case closure in referral or applicant status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a
				determination of ineligibility, the Commission shall close the case of an
				individual who was either referred or applied to the agency for vocational
				rehabilitation services.
(b) The
				Commission shall base its determination of ineligibility for vocational
				rehabilitation services in accordance with the criteria set forth at
				10:95-2.2(e).
(c) The Commission shall issue a certificate
				of ineligibility upon a determination that an individual is ineligible for
				vocational rehabilitation services. The notification of case closure shall be
				provided to the consumer in appropriate media or format for that individual and
				a copy shall be placed in the consumer's folder.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 17 - CRITERIA FOR CASE CLOSURE › Section 10:95-17.2 - Competitive closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission
				shall consider a client to be competitively employed and close the case as
				rehabilitated when the following criteria have been met:
1. An assessment was made of the
				rehabilitation potential of the client which resulted in a determination that
				the client met the eligibility criteria as set forth at
				10:95-2.2(b);
2. The client's individualized plan for
				employment will have been jointly formulated by the client and counselor, and
				the provision of services has been completed insofar as feasible;
3. The client has received substantial
				rehabilitation services. Substantial rehabilitation services are any vocational
				rehabilitation services that shall be provided which assist the client's
				vocational potential. A determination of whether substantial vocational
				rehabilitation services have been received is based upon their impact on the
				client's vocational rehabilitation, not on the number, type or cost of
				services;
4. Counseling and
				guidance services were provided;
5.
				It is determined by the client, counselor and employer that the client is
				suitably employed for a minimum of 90 days in accordance with the criteria set
				forth at 10:95-12.4(a);
				and
6. The client shall be
				considered competitively employed in a supported employment situation providing
				that he or she meets the definition of supported employment as set forth at
				10:95-1.2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 17 - CRITERIA FOR CASE CLOSURE › Section 10:95-17.3 - Non-competitive closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				close the case of a rehabilitated client who is suitably engaged in
				non-competitive employment, the case record shall show that:
1. The Commission provided substantial
				services which materially contributed to an improvement in the client's
				adjustment or ability to function in the non-competitive occupation;
2. The improved level of functioning enabled
				the client to make a significant contribution at home or in a family worker
				situation; and
3. As a result of
				the improved level of functioning and the work activity performed,
				socio-economic benefits may be realized.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 17 - CRITERIA FOR CASE CLOSURE › Section 10:95-17.4 - Homemaker closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The counselor
				shall document in the client's case folder the amount of time actually needed
				and the core areas which have been addressed in the homemaker training. The
				Commission shall make every effort to schedule homemaking training in such a
				manner as to permit an individual's case to be closed as a rehabilitated
				homemaker within nine months of the receipt of a referral from the client's
				vocational rehabilitation counselor.
(b) In order to close a client's case as
				being a rehabilitated homemaker, the case record will show evidence that:
1. The Commission provided services which
				contributed to the client's adjustment and ability to function as a
				homemaker;
2. The client is able to
				perform homemaking activities; and
3. The client actually functions as a
				homemaker on a day-to-day basis.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 17 - CRITERIA FOR CASE CLOSURE › Section 10:95-17.5 - Case closed as not rehabilitated after initiation of planned services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission
				may close a client's case as not rehabilitated, after the initiation of
				services developed through an individualized plan for employment, when the
				client is unable to achieve his or her vocational goal after having received at
				least one planned vocational rehabilitation service;
(b) The Commission shall close a case as not
				rehabilitated after the initiation of planned services when one of the
				following circumstances occurs:
1. The client
				cannot achieve suitable employment;
2. The client does not follow through with
				the program of services.
After documenting that the client understands the purpose and
				  availability of vocational rehabilitation services, the vocational
				  rehabilitation counselor shall record and document the reasons for the client's
				  decision not to proceed with planned services;
3. There are intervening reasons for closing
				the case which may include:
i. The client
				moves, dies or is institutionalized;
ii. The client cannot be located;
iii. The case is transferred to another
				state's vocational rehabilitation agency; or
iv. Another agency's services are more
				appropriate to the client's needs;
4. New information or other factors determine
				that suitable employment for the client is not possible. Examples include:
i. The client's disability becomes too
				severe;
ii. The client's medical
				condition deteriorates;
iii. The
				medical prognosis becomes unfavorable;
iv. Additional disabilities or problems are
				identified with the provision of services; or
v. Evaluation and training reports and
				records indicate that the client cannot be expected to benefit from vocational
				rehabilitation services; or
5. The client obtained employment without
				benefiting from the Commission's vocational rehabilitation services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 18 - FOLLOW-UP REVIEW › Section 10:95-18.1 - Review of ineligibility decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vocational
				rehabilitation clients declared ineligible because their disability was deemed
				too severe to benefit from services shall have an opportunity for their cases
				to be reviewed and reopened, if appropriate.
(b) The Commission shall conduct one review
				within 12 months after closure of each individual who initially signed a
				written document requesting vocational rehabilitation services and was
				subsequently determined to be ineligible because of an inability to achieve a
				vocational goal. The reasons for such an ineligibility determination include,
				but are not limited to, a disability that is too severe or an unfavorable
				medical prognosis.
(c) The
				Commission shall be responsible for informing individuals deemed ineligible for
				vocational rehabilitation services after undergoing an extended evaluation that
				additional reviews will be conducted upon receipt of a written request for a
				review by the individual.
(d) The
				Commission shall conduct no review of an ineligibility determination if:
1. The individual refuses review;
2. The individual is no longer present in
				this state;
3. The individual's
				whereabouts are unknown;
4. The
				individual's medical condition is rapidly progressive or terminal;
5. The individual has died;
6. The individual is unavailable for review;
				or
7. The individual has no
				disabling condition.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 18 - FOLLOW-UP REVIEW › Section 10:95-18.2 - Review of extended employment

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall annually review and re-evaluate the
				  status of each individual for two years who has been placed in a
				  community-based organization to receive extended employment services (see
				  10:95-12.5(c) 
				  ).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 19 - CLIENT APPEAL RIGHTS › Section 10:95-19.1 - Recording of concerns by clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Clients of the
				Commission for the Blind and Visually Impaired (or their agents), their
				parents, guardians, advocates or legal representative may record their
				dissatisfaction with a determination with regard to the furnishing or denial of
				vocational rehabilitation services by contacting their vocational counselor,
				the vocational counselor's supervisor, the office manager, the Executive Unit
				at (973) 648-2324 or the VR Chief at (973) 648-4796. All applicants/clients for
				vocational rehabilitation services and, as appropriate, their representatives
				shall also be advised through appropriate modes of communication of their right
				to request an administrative review, mediation and/or a fair hearing. All
				requests for an administrative review, mediation, or fair hearing shall be made
				in writing and addressed to the Executive Director of the Commission for the
				Blind and Visually Impaired. The claimant may obtain assistance in completing
				the request for the review from the vocational counselor, the VR Supervisor,
				the office manager, the VR Chief or the Executive Unit. At any point, a client
				can by-pass the process and request a fair hearing before an Administrative Law
				Judge. Clients shall promptly be informed of the Client Assistance Program, in
				appropriate media or format for that individual, when recording their
				dissatisfaction with a determination regarding the delivery or denial of
				vocational rehabilitation services, and upon making any request for
				administrative review, mediation, or fair hearing regarding such services.
1. An on-the-record administrative review is
				a paper review of the client's file conducted by a Commission supervising
				administrator.
2. An in-person
				administrative review is a review conducted by a Commission supervising
				administrator with all relevant parties present.
3. Mediation is defined by
				12:45-1.16(a)16 
				as a voluntary process in which a mediator, or an impartial third party,
				facilitates a problem solving discussion in order to assist the parties to a
				dispute in reaching an agreement. The mediator acts as neither a judge nor as
				advocate. The mediator does not decide which party is at fault, nor does he or
				she determine the manner in which the dispute should be resolved.
4. A fair hearing is a formal proceeding
				before an Administrative Law Judge and conducted pursuant to the Administrative
				Procedure Act,
				52:14B-1 et seq. and the Uniform
				Administrative Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 19 - CLIENT APPEAL RIGHTS › Section 10:95-19.2 - Appeal of vocational rehabilitation decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request
				for an administrative review, either in person or on the record, the Executive
				Director shall assign a supervisory employee to conduct the review. Neither the
				reviewer assigned this task for his or her immediate supervisor shall have had
				any direct part in the dispute under review. The assigned reviewer shall have
				current vocational rehabilitation experience and knowledge and shall conduct
				the review within 30 working days of the request for review.
(b) Upon receipt of a request for mediation,
				the Executive Director shall determine whether the Commission agrees to
				mediation and so notify the client within 10 days of receiving the request for
				mediation. If mediation is agreed to, the Executive Director shall forward the
				request to the Public Defender's Office of Dispute Settlement who shall conduct
				a mediation session within 30 working days of the request for
				mediation.
(c) The review or
				mediation session shall be held at a mutually convenient day and time between
				9:00 A.M. and 5:00 P.M. Monday through Friday. The administrative review will
				be conducted at a regional or central office of the Commission. If the claimant
				is unable to arrange for transportation in order to be present at the
				review/mediation session, the Commission will make arrangements to provide
				transportation.
(d) The claimant
				shall be notified of the date, time and place of the review or mediation in
				advance of the session and will be advised of the right to representation by
				counsel, friend, Client Assistance Program (located in New Jersey Protection
				and Advocacy, Inc., at 1-800-922-7233), parent, guardian, self or other
				representative.
1. A claimant who wishes to
				represent himself or herself shall be 18 years of age or older.
2. A claimant who wishes to be represented by
				counsel shall make those arrangements independent of the reviewer, except that
				the reviewer shall inform the claimant that a list of private attorneys is
				available from the bar association of the county where the client is
				domiciled.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 19 - CLIENT APPEAL RIGHTS › Section 10:95-19.3 - Fair hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				a request for a fair hearing, the Executive Director shall notify the client,
				parent, guardian, advocate or legal representative within 10 days whether the
				matter shall be disposed of, pursuant to (a)1 or 2 below.
1. If the Executive Director determines that
				the request for a fair hearing represents a contested case or a vocational
				rehabilitation client or their parent or guardian requests a fair hearing, the
				matter is immediately forwarded to the Office of Administrative Law pursuant to
				the Administrative Procedure Act,
				52:14B-1 et seq. and 52:14F-1 et
				seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 and the
				special rules for vocational services pursuant to N.J.A.C. 1:12C. The Executive
				Director shall advise the claimant, parent or guardian by registered
				mail.
2. If the Executive Director
				determines that the request for a fair hearing represents a non-contested case,
				the Executive Director shall issue a final decision and forward this decision
				by registered letter to the claimant, parent or guardian. The letter shall
				contain a statement that any further appeal of this decision shall be made to
				the Appellate Division of the Superior Court of New Jersey.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Appendix I

Current through Register Vol. 56, No. 14, July 15, 2024
Agreement concerning the loan of tools, equipment, initial
				stock, and other material items for educational and training purposes
I,
						..........................................................................
Name of client
Address
Hereby agree that the New Jersey Commission
						for the Blind and Visually
Impaired is providing me with the use of the
						following equipment, stock or
supplies:
.............................................................................
.............................................................................
.............................................................................
.............................................................................
.............................................................................
All tools, equipment, other material items,
						and the equivalent of initial
stock or inventory provided for my use by the
						New Jersey Commission for the
Blind and Visually Impaired are the property
						of the Commission and are
furnished to me for instructional and/or
						training purposes. These items are
for my use, with the residual title and
						interest remaining with the
Commission. They are on loan for as long as I
						remain in a Commission sponsored
or approved educational or training program.
						I understand that this property
may be used by me only for the purposes
						granted, and may not be disposed of or
sold.
I understand that I am responsible for any
						deliberate damage or misuse and for
routine maintenance. I will be responsible
						for minor repairs ($ 50.00 or less)
unless this causes a financial hardship which
						is substantiated by the
Commission's financial needs test. I will
						return my listed equipment
immediately upon request to the Commission
						for the Blind and Visually
Impaired.
Client signature
						..................................
Date: ...................
VR Counselor signature
						......................................................
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 1 - GENERAL PROVISIONS › Section 10:97-1.1 - Legal authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is
				promulgated pursuant to authority of P.L. 74-732, as amended by P.L. 83-565 and
				P.L. 93-516; 34 CFR, part 395.
(b)
									30:6-15.1 and
				30:6-15.2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 1 - GENERAL PROVISIONS › Section 10:97-1.2 - Uniform applicability of chapter compliance with Federal standards

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be deemed uniformly and impartially
				  applicable to all persons and procedures and is in complete compliance with the
				  laws of the State of New Jersey, the Randolph-Sheppard Act, Title VI of the
				  Civil Rights Act of 1964, the laws governing the Americans with Disabilities
				  Act and the Rehabilitation Act of 1973, as amended.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 1 - GENERAL PROVISIONS › Section 10:97-1.4 - Objectives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of the New Jersey Commission
				for the Blind and Visually Impaired are intended to set forth the
				administrative requirements governing the operation of Business Enterprises New
				Jersey on Federal and non-Federal property.
(b) Business Enterprises New Jersey is
				designed to:
1. Provide blind persons with
				remunerative career opportunities;
2. Enlarge the economic opportunities for
				blind persons;
3. Stimulate blind
				persons to greater efforts in striving to make themselves self supporting and
				independent; and
4. Improve the
				public awareness of the business capabilities of blind persons.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 2 - PROGRAM ENTRY REQUIREMENTS › Section 10:97-2.1 - Application and qualification to enter program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				blind person desiring to operate a business enterprise, under the supervision
				of the Commission, shall apply to the Commission and will be referred to the
				Vocational Rehabilitation Program in order to receive proper
				evaluation.
(b) The interested
				blind person must be certified as eligible by the Vocational Rehabilitation
				Program, be a citizen of the United States, and possess a high school diploma
				or equivalency certificate in order to participate in Business Enterprises New
				Jersey.
(c) The Commission will
				also consider applicants for BENJ who are referred to the Commission from other
				Randolph-Sheppard programs in other states or through individual personal
				initiative. In these cases, the BENJ management and staff are authorized to
				determine program eligibility based on criteria jointly determined by the state
				licensing agency and CBEM.
(d)
				Business Enterprises New Jersey shall verify an individual's eligibility to
				enter the program. The prospective applicant shall be interviewed by the BENJ
				Manager and the Committee of Business Enterprise Managers representative. The
				BENJ Manager will make the final determination for eligibility in consultation
				with the CBEM and related staff.
(e) Candidates shall be able to communicate
				effectively.
(f) All candidates
				must undergo a criminal background check.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 2 - PROGRAM ENTRY REQUIREMENTS › Section 10:97-2.2 - Selection and training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A blind person
				who has been certified eligible as set forth in
				N.J.A.C.
				10:97-2.1 and wishes to enter Business
				Enterprises New Jersey must demonstrate proficiency in the following areas:
1. The ability to move about and orient to
				his or her environment, especially in small areas, and be able to travel
				independently;
2. The ability to
				keep information for oneself in some organized format and the ability to
				retrieve such information as needed;
3. The ability to do simple arithmetic,
				including addition, subtraction, multiplication, division, and the use of
				decimals and percentages, as demonstrated by a standardized test of this
				skill;
4. The ability to function
				with a computer, including keyboarding skills, familiarity with e-mail
				protocols, knowledge of how to navigate using the internet, and an
				understanding of word processing and spreadsheet software;
5. The ability to demonstrate soft skills
				congruent with successful business ownership; and
6. The ability to use generally-accepted
				skills of blindness in daily interaction with successful business
				ownership.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 2 - PROGRAM ENTRY REQUIREMENTS › Section 10:97-2.3 - On-the-job evaluation and training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any business
				enterprise may be used for on-the-job evaluation or training under terms and
				conditions established in the operating agreement.
(b) A manager will be paid for the training
				process at a rate agreed upon by the Commission and the Committee of Business
				Enterprise Managers.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 2 - PROGRAM ENTRY REQUIREMENTS › Section 10:97-2.4 - Initial assignment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a business enterprise location is
				available, and no active or inactive licensed manager has applied for an
				announced promotional opportunity and two or more candidates from the Certified
				for Placement List have applied, they shall be personally interviewed by the
				manager or designee of Business Enterprises New Jersey, along with the active
				participation of a Committee member, before an appointment is made. Once
				selected, the candidate will retain his or her business enterprise location
				upon successful completion of their probationary period.
(b) If only one candidate from the Certified
				for Placement List applies, he or she may be assigned to the location by the
				BENJ Manager, and retain his or her business enterprise location upon
				successful completion of his or her probationary period.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 2 - PROGRAM ENTRY REQUIREMENTS › Section 10:97-2.5 - Probation for a new manager

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a person
				from the Certified for Placement List is assigned to a business enterprise, he
				or she will be subject to a probationary period of six months.
1. Written reports will be prepared by the
				BENJ field representatives at the end of every six weeks and forwarded to the
				BENJ Manager for his or her review; and
2. After six-months, the BENJ Manager will
				decide whether the candidate has successfully completed the probationary period
				based on the reports provided by the field representative and in consultation
				with the Committee, and will certify that the probationary period has or has
				not been successfully completed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 2 - PROGRAM ENTRY REQUIREMENTS › Section 10:97-2.6 - Failure to complete probation

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who is unable to satisfactorily complete the
				  probation period, after a maximum of two extensions, will lose eligibility for
				  licensure with Business Enterprises New Jersey and, at his or her option, may
				  be referred to a Vocational Rehabilitation Counselor to explore other
				  vocational options.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 97 - THE BUSINESS ENTERPRISE PROGRAM OF THE NEW JERSEY COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 3 - LICENSING OF MANAGERS › Section 10:97-3.1 - Completion of probation period and license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When
				the probationary period has been successfully completed, a license shall be
				issued to the business enterprise manager for an indefinite period but subject
				to suspension or revocation, after affording the licensed manager an
				opportunity for a full evidentiary hearing.
(b) All licenses shall be displayed to the
				public.
(c) A license granted under
				this section is not transferrable.
(d) If the Commission has reasonable cause to
				believe that a licensee's vision has improved, such that he or she would not be
				eligible for licensure under this program, the Commission shall require that
				licensee to undergo an examination by a licensed Optometrist or Ophthalmologist
				of the Commission's choosing to determine continued eligibility. If the
				examination demonstrates that the manager no longer meets the definition of a
				legally blind person, then the Commission will immediately terminate the
				manager's license. A manager's license shall also be terminated by death,
				revocation, or voluntary withdrawal from Business Enterprises New Jersey by the
				licensee.
(e) If a permit
				authorizing a business to be established in a specific location is terminated,
				the operating agreement is terminated. However, if termination is through no
				fault of the manager, the license will be inactive, and he or she will be
				eligible to apply for subsequent promotion and transfer
				opportunities.
(f) A manager who
				does not have a business enterprise location will have his or her license go
				into inactive status. The manager must continue to bid on locations and
				complete all upward mobility training requirements pursuant to
				N.J.A.C.
				10:97-3.2 in order to maintain eligibility
				for assignment to a business enterprise. Failure to fulfill both of these
				requirements within one year of placement in inactive status will result in
				termination of a license. If no locations are available for bid, but the
				manager meets his or her upward mobility training requirements, the inactive
				status will be extended until such time that locations become available for
				bid.