reglab/statecodes huggingface dataset:
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 .0503 - CASE RECORDS AND CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall carry out provisions relative to case
					 records and confidentiality of information as indicated in
					 34 C.F.R.
					 361.38 and
					 361.47.
Authority
					 G.S.
					 111-28;
					 34 C.F.R.
					 361.39;
					 34 C.F.R. 361.49;
Eff.
					 February 1, 1976;
Amended Eff. November 8, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002;
					 February 1, 1986; February 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 F - VOCATIONAL REHABILITATION › Section .0500 - APPLICANTS › Section 63F .0504 - IMPLEMENTATION OF ORDER OF SELECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Director of the Division shall make a determination of the necessity for
				  implementing the order of selection specified in Rule .0502 of this
				  Section.
(b) When the Division
				  Director determines that the order of selection shall be implemented, it shall
				  be implemented on a statewide basis; and the Director shall determine the
				  priority categories which can be served within available resources.
(c) The Division shall provide written
				  notification to all cooperative programs with which it has written agreements
				  and all vendors of services affected by the decision. This notification shall
				  inform the programs and vendors of the decision to implement an order of
				  selection.
Authority
					 G.S.
					 143-545A;
					 143-546A;
					 P.L.
					 102-569,
					 Section
					 101(a)(5)(A);
Eff. January 1,
					 1996;
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 .0500 - APPLICANTS › Section 63F .0505 - DETERMINATION OF ORDER OF SELECTION PRIORITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall provide written notification to all applicants for services at
				  the time of application of either:
(1) the
				  existing order of selection as set out in this Section; or
(2) that an order of selection will be
				  implemented if or when it is determined the Division has insufficient resources
				  to serve all applicants who are determined eligible.
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 .0506 - PRIORITY CATEGORIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The priority
				  categories for the order of selection for services for eligible individuals are
				  as follows:
(1) Category One - Individuals
				  with the most significant disabilities;
(2) Category Two - Individuals with a
				  significant disability; and
(3)
				  Category Three - Individuals with a non-significant disability.
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 .0507 - PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Eligible
				  individuals who are already receiving services under an Individualized Plan for
				  Employment (IPE) at the time the order of selection is implemented shall not be
				  subject to the order of selection process. Their rehabilitation programs shall
				  continue until their records of service are closed.
(b) The Division shall serve individuals in
				  Priority Category One first and individuals in the other priority categories in
				  descending order from Priority Category Two down through Priority Category
				  Three according to the availability of resources.
(c) Eligible individuals for whom
				  rehabilitation services have not been planned under an Individualized Plan for
				  Employment prior to the implementation of the order of selection and whose
				  classification is below the categories approved for service shall be placed in
				  a "waiting" status. They shall remain in the "waiting" status until their
				  priority category is opened for services.
(d) When the order of selection is
				  implemented, all individuals whose classification will mean they will be placed
				  in a "waiting" status shall be notified in writing of their status. When
				  services are made available to any category in which individuals have been in a
				  "waiting" status, the Division shall notify all persons in that priority
				  category that their rehabilitation plan can be developed.
(e) Individuals determined eligible after the
				  order of selection for service is implemented shall receive services if they
				  are classified in the categories being served or shall be placed in a "waiting"
				  status if their classification places them in a category not currently being
				  served.
Authority
					 G.S.
					 143-545.1;
					 P.L.
					 105-220, Title IV, Section
					 101(a)(5)(A);
Eff. January 1, 1996;
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 .0500 - APPLICANTS › Section 63F .0508 - POST EMPLOYMENT SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
When a former recipient of services requires
					 post-employment services and is otherwise eligible for such services, the
					 services shall be provided without regard for the order of
					 selection.
Authority
					 G.S.
					 143-545.1;
					 P.L.
					 105-220, Title IV;
Eff. January 1,
					 1996;
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 .0509 - CASE FINDING AND REFERRAL

Current through Register Vol. 39, No. 2, July 15, 2024
Case finding efforts shall not be modified because of an
					 order of selection. The Division shall make the public and referral sources
					 aware of the services it has to offer eligible individuals with disabilities.
					 Referral sources shall be informed of an existing order of selection or of the
					 potential of an order of selection being implemented, but they shall be
					 reassured that this should not discourage referrals or
					 applications.
Authority
					 G.S.
					 143-545.1;
					 P.L.
					 105-220, Title IV;
Eff. January 1,
					 1996;
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 .0510 - THIRD-PARTY FUNDING ARRANGEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall ensure that its funding arrangements for
					 providing services, including third-party arrangements and establishment
					 grants, are consistent with the order of selection.
Authority
					 G.S.
					 143-545.1;
					 P.L.
					 102-220, Title IV;
Eff. January 1,
					 1996;
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 .0600 - HEARING PROCEDURE › Section 63F .0601 - APPLICABILITY OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Rules in
				  this Section apply to contested cases of applicants for and consumers receiving
				  vocational rehabilitation services or independent living rehabilitation
				  services from the Division of Services for the Blind.
(b) "Consumer" means a person eligible for
				  vocational rehabilitation services or independent living rehabilitation
				  services.
Authority
					 G.S.
					 111-28;
					 143-546.1;
					 143B-157;
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
					 34 C.F.R. 364.58;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. December 1, 1990; June 1, 1983; February 1, 1982;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0602 - WRITTEN INFORMATION FOR APPLICANTS AND CONSUMERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall inform all applicants for and consumers receiving vocational
				  rehabilitation or independent living rehabilitation services of the
				  opportunities for an administrative review, mediation, and impartial due
				  process hearing available under
				  34 C.F.R.
				  361.57 and the Rules of this
				  Section.
(b) The Division shall
				  provide written information to all applicants and consumers informing them:
(1) of their right to an impartial due
				  process hearing when they are dissatisfied with any determinations made by the
				  Division concerning the furnishing or denial of services;
(2) that they may seek resolution of the
				  issue through an administrative review and mediation prior to an impartial due
				  process hearing;
(3) that the
				  rehabilitation counselor or other designated staff of the Division will inform
				  them of the name and address of the area rehabilitation supervisor to whom the
				  request shall be submitted and of the manner in which a mediator or impartial
				  hearing officer is selected; and that they may receive assistance with the
				  resolution of their problems through the Client Assistance Program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0603 - REQUEST FOR ADMINISTRATIVE REVIEW, MEDIATION, AND IMPARTIAL DUE PROCESS HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When any applicant for or consumer
				  receiving vocational rehabilitation or independent living rehabilitation
				  services wishes to request an administrative review, mediation, or an impartial
				  due process hearing, the individual shall submit a written request to the area
				  rehabilitation supervisor of the Division designated pursuant to Rule .0602 of
				  this Section.
(b) The request shall
				  indicate if the individual is requesting:
(1)
				  An administrative review, mediation, and an impartial due process hearing to be
				  scheduled concurrently; or
(2) An
				  administrative review and an impartial due process hearing to be scheduled
				  concurrently; or
(3) Mediation and
				  impartial due process hearing to be scheduled concurrently; or
(4) only an impartial due process
				  hearing.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0604 - DIVISION ACTIONS IN RESPONSE TO REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  receipt of a request for an impartial due process hearing, the area
				  rehabilitation supervisor shall immediately forward the original request to the
				  Division Director for appointment of a hearing officer to conduct the impartial
				  due process hearing. If the individual requests mediation in addition to an
				  impartial due process hearing, the Division Director shall arrange for the
				  appointment of an impartial mediator to conduct the mediation
				  session.
(b) If the individual has
				  requested an administrative review in addition to an impartial due process
				  hearing, the area rehabilitation supervisor shall:
(1) make a decision to conduct the
				  administrative review or with the concurrence of the Division Director appoint
				  a designee to conduct the administrative review who:
(A) has had no previous involvement in the
				  issues currently in the controversy;
(B) can conduct the administrative review in
				  an unbiased way; and
(C) has a
				  broad working knowledge of the Division's rules and the State Plan for
				  Vocational Rehabilitation Services State Plan for Independent Living Services,
				  hereinafter referred to as the "State Plans;" and
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0605 - SCHEDULING AND NOTICE OF ADMINISTRATIVE REVIEW AND MEDIATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Administrative Review
(1) If an administrative
				  review is to be conducted, the area rehabilitation supervisor or his designee
				  shall:
(A) set a date, time and place for the
				  administrative review;
(B) send
				  written notification by certified mail to the applicant or consumer and the
				  individual's parent or guardian if the individual is a minor, or his or her
				  representative if one has been designated, with a statement of the date, time
				  and place for the administrative review;
(C) advise the applicant or consumer in a
				  written notice that the hearing officer will be appointed by the Director to
				  conduct a hearing if the matter is not resolved in the administrative review
				  (or mediation, if requested) and that the applicant or consumer will also
				  receive a written notice from the hearing officer regarding the impartial due
				  process hearing which will be held after the administrative review;
				  and
(D) notify the Director of the
				  Client Assistance Program (CAP) and the parties to be involved in the
				  administrative review of the request and the date, time and place for the
				  administrative review. This notification may be by phone or in
				  writing.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0606 - APPOINTMENT OF HEARING OFFICER AND MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receipt of the applicant's or consumer's request for
					 an impartial due process hearing from the area rehabilitation supervisor, the
					 Director shall arrange for the appointment of an impartial hearing officer who
					 is in the pool of persons qualified as defined in
					 P.L.
					 102-569,
					 Section
					 7(28) and who is mutually agreed upon by the
					 Director and the individual or the individual's representative, if one has been
					 designated.
Authority
					 G.S.
					 143-545.1;
					 143B-157;
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.5;
					 34 C.F.R 361.57;
P.L.
					 102-569;
Eff. December 1,
					 1990;
Amended Eff. January 1, 1996;
Temporary Amendment
					 Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0607 - SCHEDULING AND NOTICE OF IMPARTIAL DUE PROCESS HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  hearing officer shall schedule the impartial due process hearing to be held
				  within 60 days of the original request by the applicant or consumer as
				  described in Rule .0603 of this Section.
(b) The hearing officer shall provide the
				  parties written notice of the date, time and place of the hearing and the issue
				  to be considered at least 10 days prior to the hearing. A copy of the notice
				  shall be sent to the Client Assistance Program.
(c) The notice shall inform the parties of
				  the following:
(1) the procedures to be
				  followed in the hearing;
(2) the
				  particular sections of the statutes, federal regulations, state rules, and
				  state plan involved;
(3) the rights
				  of the applicant or consumer as specified in
				  34 C.F.R.
				  361.57;
(4) that the hearing officer shall extend the
				  time for the hearing for up to 30 days if the parties jointly agree to a delay
				  and submit a written statement to that effect to the hearing officer;
				  and
(5) that the hearing shall be
				  cancelled if the matter is resolved in an administrative review or in
				  mediation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0608 - ADMINISTRATIVE REVIEW AND MEDIATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Administrative Review
(1) Within 15 days of
				  the original request for an administrative review by the applicant or consumer,
				  the area rehabilitation supervisor or his designee shall hold the
				  administrative review with the applicant or consumer, the individual's parent
				  or guardian if the individual is a minor, or representative if one has been
				  designated, the CAP Director, if participating, and other individuals deemed
				  necessary by the area rehabilitation supervisor or his designee.
(2) Within five working days of the
				  administrative review, the area rehabilitation supervisor or his designee shall
				  make a decision and notify the applicant or consumer and others using the
				  following procedures:
(A) compile a written
				  report of the administrative review outlining the purposes of the
				  administrative review, the participants, the decision that was reached, and the
				  rationale for the decision;
(B)
				  send the written report containing the decision to the applicant or consumer by
				  certified mail with return receipt requested, with a copy being placed in the
				  individual's official case record, and copies being forwarded to the Division
				  Director and the CAP Director; and
(C) provide instructions to the applicant or
				  consumer of steps that may be taken in response to the decision and the
				  deadline for the responses. A form indicating agreement with the decision and
				  requesting that the hearing be cancelled shall be included for the applicant's
				  or consumer's signature if the individual agrees with the decision.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0609 - RESPONSE TO ADMINISTRATIVE REVIEW DECISION AND MEDIATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Administrative Review
(1) If the applicant or consumer is satisfied
				  with the decision resulting from the administrative review, the individual
				  shall sign the form described in Rule .0608(a)(2)(C) of this Section and submit
				  it to the area rehabilitation supervisor within five days of receipt of the
				  decision. The area rehabilitation supervisor shall inform the Director of the
				  request to cancel the hearing immediately and forward the form to the Director
				  who shall submit it to the hearing officer.
(2) If, after the administrative review, the
				  hearing officer does not receive a written request from the applicant or
				  consumer that the hearing be cancelled, the hearing shall be conducted as
				  scheduled unless negotiations produce a settlement that is satisfactory to both
				  parties prior to the hearing.
(3)
				  If the hearing is cancelled due to a decision resulting from the administrative
				  review, the hearing officer shall send the applicant or consumer and the
				  Division written notice of the cancellation in the same manner as required for
				  notice of the hearing in Rule .0607(d) of this Section. A copy of the notice of
				  cancellation shall be sent to the Client Assistance Program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0610 - ADMINISTRATIVE REVIEW BY DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
In situations where the issue currently in controversy
					 involves action taken by the central office of the Division, the Director or a
					 designee of the Director shall perform the duties prescribed for the area
					 rehabilitation supervisor in these Rules.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0611 - PROCEDURES GOVERNING HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
The impartial due process hearing shall be conducted
					 according to the provisions of
					 34 C.F.R.
					 361.57(e)(1) and
					 34 C.F.R. 361.57(e)(2) and
					 according to Rules .0612 through .0621 and Rule .0624 of this
					 Section.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0612 - VENUE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Absent a change of venue pursuant to the
				  procedure described in this Rule, the impartial due process hearing shall be
				  held in the county of residence in this state of the applicant or
				  consumer.
(b) Any party desiring a
				  change of venue shall file a written motion for a change of venue with the
				  hearing officer and serve copies of that motion on all other parties at least
				  seven days prior to the date for which the hearing is set.
(c) The motion shall include the following
				  information:
(1) The name, address, and
				  telephone number of the movant;
(2)
				  identification by the case name and docket number of the proceeding for which
				  the change is sought;
(3) the time,
				  date, and place for which the hearing is scheduled;
(4) the county in which the party requests
				  that the hearing be held;
(5) a
				  statement of the requested change, including the names and addresses of any
				  witnesses whose convenience represents the basis for this request;
				  and
(6) any other factors that
				  should be included in ruling on the request.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0613 - DISCOVERY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Parties in
				  impartial due process hearings shall exchange information, seek access to
				  public documents as provided by law, and exhaust other informal means of
				  obtaining discoverable material.
(b) Any dispute regarding discovery shall be
				  referred to the hearing officer for resolution. The hearing officer shall base
				  the resolution on the interests of justice. The hearing officer shall issue an
				  order resolving the dispute and containing the reasons for the ruling. Copies
				  of the order shall be served on all parties.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0614 - PRE HEARING CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon notice to
				  all parties, the hearing officer may instruct the parties to participate in a
				  pre-hearing conference.
(b) The
				  conference shall be informal in nature.
(c) The purpose of the conference shall be to
				  discuss:
(1) The possibility of
				  simplification of issues,
(2)
				  stipulation of facts or findings,
(3) identification of areas where evidence
				  will be needed,
(4) indication of
				  discovery or subpoenas needed, and
(5) any other matters which will reduce costs
				  or save time or otherwise aid expeditious disposition of the case.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0615 - SIMPLIFICATION OF ISSUES

Current through Register Vol. 39, No. 2, July 15, 2024
The parties to the hearing may agree in advance to
					 simplification of issues by:
(1)
				  eliminating issues to be contested at the hearing,
(2) accepting the validity of certain
				  proposed evidence,
(3) accepting
				  the findings in some other case with relevance to the case at hand,
				  or
(4) agreeing to such other
				  matters as may expedite the hearing.
Authority
					 G.S.
					 143B-157;
					 150B-1(d)13;
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.48;
34 C.F.R.
					 361.57(e);
Eff.
					 December 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 .0600 - HEARING PROCEDURE › Section 63F .0616 - EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										G.S.
				  150B-29,
				  G.S.
				  150B-30, and
				  G.S.
				  150B-31 are hereby incorporated by reference,
				  including subsequent amendments and editions.
(b) A copy can be obtained from the Division
				  at no cost.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-14(c);
					 150B-23;
					 150B-29;
					 150B-30;
					 150B-31;
					 34 C.F.R.
					 361.57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0617 - DISQUALIFICATION OF HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If at
				  any time the hearing officer believes he or she cannot conduct the hearing in a
				  fair and impartial manner, the hearing officer shall submit to the Director a
				  written statement indicating why he or she should be disqualified from the
				  case. Submission of the statement shall disqualify the hearing officer. The
				  Director shall inform all parties of the disqualification and the reasons
				  therefore.
(b) If a party to the
				  case believes that the hearing officer of record cannot conduct a hearing in a
				  fair and impartial manner, the party shall submit an affidavit to the hearing
				  officer for consideration. The hearing officer shall determine the matter as
				  part of the record in the case, and this determination shall be subject to
				  judicial review at the conclusion of the proceeding.
(c) When a hearing officer is disqualified or
				  it is impractical for the hearing officer to proceed with the hearing, the
				  Director shall arrange for the appointment of another hearing officer who is in
				  the pool of persons qualified as defined in
				  P.L.
				  102-569,
				  Section
				  7(28) and who is mutually agreed upon by the
				  Director and the individual or the individual's representative to proceed with
				  the case. However, if it is shown to the Director or the newly assigned hearing
				  officer that substantial prejudice to any party will result from continuation
				  of the case then either:
(1) the case shall
				  be dismissed without prejudice; or
(2) all or part of the case shall be repeated
				  as necessary to substantially prevent or substantially remove the prejudice.
				  The Director shall promptly inform all parties of the decision to assign a new
				  hearing officer, that the case has been dismissed without prejudice, or that
				  all or part of the case is to be repeated. Such notification shall include a
				  statement of the reasons for the decision.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0618 - EX PARTE COMMUNICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Ex parte
				  communications in the impartial due process hearing shall be governed by
				  G.S.
				  150B-35, which is hereby incorporated by
				  reference, including subsequent amendments and editions.
(b) A copy may be obtained from the Division
				  at no cost.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-14(c);
					 150B-23;
					 150B-35;
					 34 C.F.R.
					 361-57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0619 - OATH

Current through Register Vol. 39, No. 2, July 15, 2024
No person may testify or present views or data orally at
					 the hearing before being put under oath or affirmation.
Authority
					 G.S.
					 143B-157;
					 150B-1(d)13;
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
34 C.F.R..
					 361.57(b)(3);
Eff. December 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 .0600 - HEARING PROCEDURE › Section 63F .0620 - CONDUCT OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The hearing
				  officer shall have complete control over the hearing including:
(1) the responsibility of having a record
				  made of the hearing;
(2) the
				  administration of oaths and affirmations;
(3) recognition of speakers;
(4) prevention of repetitious presentations;
				  and
(5) general management of the
				  hearing.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0621 - FAILURE TO APPEAR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				  applicant or consumer fails to appear at the hearing and does not have a
				  representative present, the hearing officer shall cancel the hearing.
(b) The applicant or consumer may submit a
				  written request for rescheduling of the hearing to the Director. The request
				  shall provide an explanation of the individual's failure to appear at the
				  hearing or to have a representative present. The Director may instruct the
				  hearing officer to reschedule the hearing upon a showing of good cause by the
				  applicant or consumer. Good cause includes Acts of God, illness, death in the
				  family, or other reasons not in the control of the applicant or
				  consumer.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0622 - HEARING OFFICER'S DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Following the hearing, the hearing officer shall make and
					 issue a decision as specified in
					 34 C.F.R.
					 361.57(e)(3). The decision
					 shall be given to the applicant or consumer personally or by certified mail. If
					 given by certified mail, it shall be deemed to have been given on the delivery
					 date appearing on the return receipt.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0623 - SECRETARY'S REVIEW AND FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Either
				  party may request a review of the hearing officer's decision by the Secretary
				  of the Department of Health and Human Services within 20 days of the receipt of
				  the decision.
(b) The Secretary may
				  delegate the responsibility for reviewing the hearing officer's decision and
				  making the final decision to another employee of the Department but shall not
				  delegate the responsibility to any officer or employee of the
				  Division.
(c) In conducting the
				  review, the reviewing official shall send the written notification to both
				  parties and allow the submission of additional evidence as required by Sec.
				  102(c) of the Rehabilitation Act of 1973 (as amended by the Rehabilitation Act
				  Amendments of 1998, P.L.
				  105-220). The written notification shall be given
				  personally or by certified mail. If given by certified mail, it shall be deemed
				  to have been given on the delivery date appearing on the return
				  receipt.
(d) The reviewing
				  official's review shall be based on the following standards of review:
(1) The hearing officer's decision shall not
				  be arbitrary, capricious, abuse of discretion, or otherwise
				  unreasonable.
(2) The hearing
				  officer's decision shall be supported by substantial evidence, i.e. consistent
				  with facts and applicable federal and state policy.
(3) In reaching the decision, the hearing
				  officer shall consider such factors as:
(A)
				  the federal statute and regulations as they apply to a specific issue in
				  question;
(B) the State Plans as
				  they apply to a specific issue in question;
(C) Commission rules as they apply to a
				  specific issue in question;
(D) key
				  portions of conflicting testimony;
(E) Division options in the delivery of
				  services where such options are permissible under federal statute;
				  and
(F) restrictions in the federal
				  statute with regard to supportive services as maintenance and
				  transportation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0624 - EXTENSIONS OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Time extensions
				  may be granted for the procedures in these Rules for good cause at the request
				  of a party or at the request of both parties except for:
(1) the time for continuation of services
				  during an administrative review or mediation as specified in Rule .0603(d) of
				  this Section;
(2) the time for
				  conducting the impartial due process hearing as specified in Rule .0607(a) of
				  this Section which may be extended only as specified in Rule .0607(c)(4) of
				  this Section; and
(3) the time for
				  issuance of the written notice of the impartial due process hearing as
				  specified in Rule .0607(b) of this Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter F - VOCATIONAL REHABILITATION › Section .0600 - HEARING PROCEDURE › Section 63F .0625 - RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The official records of impartial due
				  process hearings shall be maintained in the central office of the
				  Division.
(b) Any person wishing to
				  examine a hearing record shall submit a written request to the Director in
				  sufficient time to allow the record to be prepared for inspection, including
				  the removal of any confidential material.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0626 - TRANSCRIPTS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person desiring a transcript of all or part of an
					 impartial due process hearing shall contact the office of the Director. A fee
					 to cover the cost of preparing the transcript shall be charged, and the party
					 may be required to pay the fee in advance of receipt of the transcript. The
					 transcript may be edited to remove confidential material.
Authority
					 G.S.
					 143B-157;
					 150B-1(e)(5);
					 150B-2;
					 150B-23;
					 34 C.F.R.
					 361.57;
Eff. December 1,
					 1990;
Temporary Amendment Eff. August 1, 2001;
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 .0600 - HEARING PROCEDURE › Section 63F .0627 - CIVIL ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
Judicial review of decisions issued pursuant to Rules .0602
					 through .0624 of this Section shall be as specified in Sec. 102(c) of the
					 Rehabilitation Act of 1973 (as amended by the Rehabilitation Act Amendments of
					 1998, P.L.
					 105-220).
Authority
					 G.S.
					 143-545.1;
					 143-546.1;
					 143B-157;
					 150B-1(d)13;
					 150B-2;
					 150B-23;
					 P.L.
					 105-220;
34 C.F.R.
					 361.57(i)(j);
Eff. December 1, 1990;
Temporary Amendment Eff. March 15,
					 1999;
Amended Eff. August 1, 2000;
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 G - MEDICAL/EYE CARE PROGRAM › Section .0100 - SERVICES › Section 63G .0101 - COVERED SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Services
				  provided to any eligible North Carolina resident, pursuant to
				  G.S.
				  111-8, include:
(1) eye examinations. Refractions are
				  restricted to one every two years for persons 25 years of age or older and one
				  refraction per year for persons under 25 years of age, without prior approval
				  by division staff;
(2) treatment to
				  the eye including medication;
(3)
				  eyeglasses and ocular prostheses. Eyeglasses are restricted to one pair every
				  two years for persons 25 years of age or older and one pair per year for
				  persons under 25 years of age, without prior approval by Division staff.
				  Contact lenses are restricted to therapeutic types;
(4) hospitalization for eye-related
				  disorders; and
(5) surgery to the
				  eye and supporting structures except that there shall be no cosmetic surgery
				  for adults and no payment shall be made for unnecessary surgery as determined
				  by the State Supervising Ophthalmologist. The State Supervising Ophthalmologist
				  is a medical doctor with a specialty in ophthalmology duly licensed to practice
				  by the State of North Carolina. Services are obtained by contract between the
				  Agency and practitioner.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0100 - SERVICES › Section 63G .0102 - ELIGIBILITY CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A North
				  Carolina resident is eligible to receive services if:
(1) the services are not covered by the North
				  Carolina medical assistance (medicaid) program; or
(2) the resident is a medicaid recipient on a
				  spend-down who qualifies under the appropriate income criterion; or
(3) the services cannot be reimbursed by any
				  other state or federal program providing eye care.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0100 - SERVICES › Section 63G .0103 - APPLICATION FOR SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  order to be determined eligible for services, pursuant to this Subchapter, the
				  resident must:
(1) have been determined to be
				  ineligible for medicaid and other state or federal programs that offer eye care
				  services or eligible for Medicaid but required to meet a spend-down before
				  Medicaid coverage becomes effective;
(2) complete the application for services in
				  person or by mail; and
(3) verify
				  income in the form of a statement from their employer or written proof of other
				  sources of income.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter G - MEDICAL/EYE CARE PROGRAM › Section .0100 - SERVICES › Section 63G .0104 - ELIGIBILITY FOR SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division may, based upon the availability of funds, issue any resident
				  determined eligible for services an authorization for an eye examination and a
				  certification for fitting and dispensing of eyeglasses. These copies must be
				  taken by the applicant to his selected vendor and will authorize the Division
				  of Services for the Blind to pay only for eye examinations by physicians
				  (ophthalmologists) or optometrists and fitting and dispensing of eyeglasses. If
				  the Division determines that sufficient funds are not available to provide all
				  services, the Division may elect to fund surgery, treatment, and medication
				  first.
(b) All other services
				  including purchase of eyeglasses, medications, follow-up visits, surgery, and
				  other treatments must receive prior approval from the Division of Services for
				  the Blind.
Authority
					 G.S.
					 111-8;
					 143B-157;
Eff.
					 February 1, 1976;
Amended Eff. August 1, 1977; January 1, 1977;
					 February 19, 1976.
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; July 1, 1981; June 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 G - MEDICAL/EYE CARE PROGRAM › Section .0100 - SERVICES › Section 63G .0105 - RETROACTIVE ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The division may issue authorizations to pay for emergency
					 inpatient and outpatient surgery and hospital services plus other services or
					 treatment provided prior to determining eligibility if:
(1) services were received no more than 90
				  days before application;
(2) the
				  person would have been eligible at the time the services were performed;
				  and
(3) the services were those
				  covered by this program.
Surgery and hospitalization not of an emergency nature
					 requires prior approval.
Authority
					 G.S.
					 111-8;
					 143B-157;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; July 1, 1987; 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 G - MEDICAL/EYE CARE PROGRAM › Section .0100 - SERVICES › Section 63G .0106 - REDETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
A redetermination of eligibility is mandatory every six
					 months because of possible changes in economic circumstances.
Authority
					 G.S.
					 111-8;
					 143B-157;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. January 1, 1990; February 1, 1986; June 1, 1982; June 1,
					 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.