reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter E - COMPARABLE BENEFITS › Section 856.71 - Availability of Comparable Services and Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) If comparable services or benefits exist
				  under any other program and are available to the customer at the time needed to
				  achieve the employment outcome in the customer's individualized plan for
				  employment (IPE), the Vocational Rehabilitation Division (VRD) must use those
				  comparable services or benefits to meet, in whole or in part, the cost of
				  vocational rehabilitation (VR) services.
(b) If comparable services or benefits exist
				  under any other program, but are not available to the customer at the time
				  necessary to satisfy the employment outcome in the consumer's IPE, VRD must
				  provide VR services until those comparable services and benefits become
				  available.
(c) The following
				  services are exempt from determination of the availability of comparable
				  services and benefits:
(1) assessment for
				  determining eligibility and priority for services;
(2) assessment for determining VR
				  needs;
(3) VR counseling, guidance,
				  and referral services;
(4)
				  placement services;
(5)
				  rehabilitation technology services; and
(6) post-employment services consisting of
				  the services listed under paragraphs (1) - (5) of this subsection.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter F - METHODS OF ADMINISTRATION OF VOCATIONAL REHABILITATION › Section 856.80 - Statewide Studies and Program Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) VRD conducts continuing statewide studies
				  of the needs of individuals with disabilities within the state and the methods
				  by which these needs may be most effectively met.
(b) The studies are directed toward:
(1) assessing the rehabilitation needs of
				  individuals with significant disabilities who reside in the state;
(2) reviewing the effectiveness of outreach
				  procedures used to identify and serve individuals with disabilities who are
				  minorities and individuals with disabilities who are unserved or underserved by
				  the vocational rehabilitation system;
(3) reviewing a broad variety of methods to
				  provide, expand, and improve vocational rehabilitation services to individuals
				  with the most significant disabilities, including individuals receiving
				  supported employment services;
(4)
				  ensuring the orderly and effective development of vocational rehabilitation
				  services; and
(5) reviewing the
				  efficacy of the criteria employed by VRD in making ineligibility decisions with
				  respect to applicants for vocational rehabilitation services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter F - METHODS OF ADMINISTRATION OF VOCATIONAL REHABILITATION › Section 856.81 - Annual Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) VRD conducts
				  an annual comprehensive evaluation of the effectiveness of the state's
				  vocational rehabilitation program in achieving:
(1) service goals and priorities established
				  in the state plan and annual amendments to the state plan; and
(2) compliance with the performance
				  accountability measures established by the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter F - METHODS OF ADMINISTRATION OF VOCATIONAL REHABILITATION › Section 856.82 - Order of Selection

Current through Reg. 49, No. 28; July 12, 2024
(a) An order of
				  selection is authorized in Rehabilitation Act of 1973 §101, as amended, to
				  ensure that in times of limited funding customers with the most severe
				  disabilities are selected for service before other customers.
(b) In determining whether to invoke an order
				  of selection, the director for VR services applies the criteria set out in
				  34
				  CFR §
											361.36, as amended, and the state
				  plan.
(c) The order of selection,
				  if invoked, is applied after eligibility for services is determined.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.83 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Blind--An individual
				  whose visual acuity with best correction is 20/200 or less in the better eye;
				  or an individual with a limitation in the field of vision such that the widest
				  diameter of the visual field subtends an angle no greater than 20 degrees,
				  which means a visual field of no greater than 20 degrees in the better
				  eye.
(2) Customer--An individual
				  with a disability who has applied for or who is receiving VR
				  services.
(3) Deafblind--An
				  individual:
(A) who has a central visual
				  acuity of 20/200 or less in the better eye with corrective lenses, or a field
				  defect such that the peripheral diameter of visual field subtends an angular
				  distance no greater than 20 degrees, or a progressive visual loss having a
				  prognosis leading to one or both of these conditions;
(B) who has a chronic hearing impairment so
				  severe that most speech cannot be understood with optimum amplification, or a
				  progressive hearing loss having a prognosis leading to this condition;
				  and
(C) for whom the combination of
				  impairments described in subparagraphs (A) and (B) of this paragraph cause
				  extreme difficulty in attaining independence in daily life activities,
				  achieving psychosocial adjustment, or obtaining a vocation;
(D) who, despite the inability to be measured
				  accurately for hearing and vision loss due to cognitive or behavioral
				  constraints, or both, can be determined through functional and performance
				  assessment to have severe hearing and visual disabilities that cause extreme
				  difficulty in attaining independence in daily life activities, achieving
				  psychosocial adjustment, or obtaining vocational objectives; or
(E) who meets such other requirements as the
				  Secretary of Education may prescribe by regulation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.84 - Initial Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				  for vocational rehabilitation (VR) services at the Criss Cole Rehabilitation
				  Center (CCRC), an individual must be:
(1) at
				  least 18 years of age;
(2) legally
				  blind or deafblind;
(3) a current
				  VR customer; and
(4) referred by a
				  VR counselor for services at CCRC.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.85 - Continuing Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To maintain
				  eligibility while receiving CCRC services, the customer (student) must comply
				  with:
(1) the Student Handbook; and
(2) relevant state and federal
				  laws.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.86 - Services

Current through Reg. 49, No. 28; July 12, 2024
(a) CCRC may provide services such as:
(1) assessment;
(2) individualized and small-group
				  training;
(3) home and
				  personal-management training;
(4)
				  orientation and mobility training;
(5) braille training;
(6) low-vision assessment and
				  training;
(7) recreation
				  activities;
(8) social skills
				  training;
(9) communication systems
				  and tools;
(10) technology;
				  and
(11) career guidance.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.87 - Customer Participation and Comparable Services and Benefits

Current through Reg. 49, No. 28; July 12, 2024
For information about customer participation and comparable
					 benefits, refer to §856.59, relating to Purpose of Customer Participation,
					 and §856.71, relating to Comparable Services and
					 Benefits.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.88 - Payment of Shift Differentials

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Agency's VR Division (VRD) director is authorized to pay a shift
				  differential to eligible VR employees. The shift differential is paid in
				  addition to the employee's regular base pay, exclusive of longevity and benefit
				  replacement pay.
(b) The VRD
				  director is authorized to determine the VR positions that are eligible to
				  receive shift differential payments. The rate of payment is a percentage of the
				  employee's monthly regular base pay, not to exceed the maximum allowed by state
				  law, in relation to the number of hours the employee regularly works outside
				  the work hours of Monday through Friday, 8:00 a.m. to 5:00 p.m.
(c) This section does not apply to employees
				  whose work hours have been adjusted according to Agency policies that concern
				  staggered work hours.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.90 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set out the
					 administration and general procedures governing the Certificate of Blindness
					 for Tuition Waiver established in Texas Education Code §
										54.364. VRD
					 provides a certificate of blindness to an individual who applies for a tuition
					 waiver at a state-supported postsecondary school in Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.91 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings.
(1) Applicant--An individual applying to VRD
				  for a Certificate of Blindness for Tuition Waiver.
(2) Certificate of Blindness for Tuition
				  Waiver--The certificate issued by VRD to certify that the applicant is blind.
				  The applicant may use the certificate to apply for a tuition waiver at any
				  Texas state institution of higher education using public funds, as set forth in
				  Texas Education Code §
										54.364.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 856 - VOCATIONAL REHABILITATION SERVICES › Subchapter G - CRISS COLE REHABILITATION CENTER › Section 856.92 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a certificate, a VRD customer
				  must make a request through his or her VR counselor.
(b) For an individual who is not a VRD
				  customer to obtain a certificate, the individual must submit a request in
				  person or by mail to any VRD office, and present visual diagnostic information
				  confirming that the individual is blind.
(c) Visual diagnostic information must
				  include eye exams from an optometrist, ophthalmologist, or low-vision
				  specialist.
(d) VRD does not pay
				  for diagnostic exams for the sole purpose of obtaining this record.
(e) Eligibility for a Certificate of
				  Blindness for Tuition Waiver is determined by VRD, and the determination is
				  final.
(f) The Certificate of
				  Blindness for Tuition Waiver issued by VRD is not a determination that an
				  applicant satisfies the residency requirement, or any other requirement set
				  forth under Texas Education Code §
										54.364, for
				  tuition waiver at any eligible institution.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions contained in §
										800.2 of
					 this title, the following words and terms, when used in this chapter, have the
					 following meanings, unless the context clearly indicates otherwise.
(1) Amendment--A formal revision or addition
				  to a contract.
(2) Bid--An offer to
				  contract with the state submitted in response to a bid invitation.
(3) Contract--A written agreement between the
				  Agency and a contractor by the terms of which the contractor agrees to provide
				  goods or services, by sale or lease to or for the Agency for Vocational
				  Rehabilitation (VR) customers.
(4)
				  Contract records--All financial and programmatic records, supporting documents,
				  papers, statistical data, or any other written or electronic materials that are
				  pertinent to each specific contract instrument.
(5) Contractor--An individual holding a
				  written contract.
(6) Corrective
				  action plan--Specific steps to be taken by a contractor to resolve identified
				  deficiencies and/or to address concerns that the contracting agency has
				  regarding the contractor's compliance with contract terms or other applicable
				  laws, rules, or regulations. The corrective action plan may also focus on
				  improving contractor performance (as it relates to service delivery, reporting,
				  and/or financial stability).
(7)
				  Debarment--The termination of the ability to continue an existing contract, to
				  receive a new contract, to participate as a contractor or subcontractor, to
				  provide goods or services to Agency Vocational Rehabilitation (VR) customers
				  either directly or indirectly while working for an Agency contractor, or to
				  make a bid, offer, application, or proposal for an Agency contract.
(8) Effective date--The date of complete
				  execution of the contract or the date upon which the parties agree that the
				  contract takes effect.
(9)
				  Individual--Any individual, corporation, partnership, association, unit of
				  government, or legal entity, however organized, or any portion thereof.
(10) Program--Agency activities
				  that are designed to deliver services or benefits provided by statute.
(11) Respondent--An individual
				  against whom the Agency has initiated a debarment or suspension action.
(12) Subcontract--A written
				  agreement between the original contractor and a third party to provide all or a
				  specified part of the goods, services, work, and/or materials required in the
				  original contract.
(13)
				  Suspension--The temporary discontinuance of a contractor's authorization to
				  conduct business with the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.2 - Noncompetitive Open Enrollment Solicitation

Current through Reg. 49, No. 28; July 12, 2024
General. The Agency may acquire goods or services through
					 a noncompetitive open enrollment solicitation and enter into enrollment
					 contracts with qualified contractors.
(1) An open enrollment solicitation must be
				  conducted in an open and fair manner that reasonably provides interested,
				  qualified contractors with an equal opportunity to obtain a contract or do
				  business with the Agency.
(2) The
				  Agency may consider past performance when determining whether to award a
				  contract to an applicant.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.3 - General Requirements for Contracting

Current through Reg. 49, No. 28; July 12, 2024
(a) To contract with the Agency for VR goods
				  and services, the contractor must:
(1) ensure
				  that:
(A) staff members meet all
				  qualification requirements established by Agency policy and
				  regulations;
(B) all staff members
				  meet minimum qualifications at application and throughout the term of the
				  contract;
(C) staff credentials
				  supporting qualifications are on file at the time of hire and maintained
				  throughout the term of the contract; and
(D) staff credentials are made available to
				  Agency staff upon request;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.4 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
Upon request from a customer, the contractor must provide
					 the customer with the appropriate name, mailing address, and telephone number
					 to direct complaints to the Agency. The contractor must verify that the name,
					 mailing address, and telephone number it provides to the customer are current
					 and correct.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.5, 858.6 - [Repealed]

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.7 - Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Any service
				  purchased or reimbursed by the Agency may be monitored at the discretion of the
				  Agency.
(b) The Agency may conduct
				  compliance monitoring reviews of the contractor's services to determine if the
				  contractor is in compliance with the contract and with program rules and
				  requirements. These reviews are conducted at the location where the contractor
				  is providing the services unless the Agency specifies a different location. The
				  Agency shall assess contractor performance based on contract
				  standards.
(c) The Agency may
				  expand a compliance monitoring review period or any requested review sample at
				  any time.
(d) The Agency may
				  conduct a fiscal monitoring review:
(1) in
				  conjunction with a compliance monitoring review;
(2) independent of a compliance monitoring
				  review;
(3) when a contract is
				  terminated;
(4) as a result of a
				  complaint; or
(5) at other times,
				  as the Agency considers necessary.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.8 - Corrective Action Plan

Current through Reg. 49, No. 28; July 12, 2024
If requested by the Agency, the contractor must prepare and
					 implement a corrective action plan to address and remedy all deficiencies or
					 violations in a timely manner in response to findings of deficiencies by the
					 Agency or other federal or state oversight authorities. The corrective action
					 plan must be acceptable to the Agency. The Agency may subsequently monitor and
					 document the contractor's compliance with the corrective action plan as
					 accepted.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.9 - Adverse Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may
				  impose an adverse action when the contractor fails to follow the terms of the
				  contract or fails to comply with Agency rules, policies, and procedures. The
				  Agency may impose adverse actions for reasons including, but not limited to:
(1) the Agency's determination that one or
				  more customers' health and safety has been or is jeopardized;
(2) the contractor's failure to submit an
				  acceptable written corrective action plan as requested by the Agency or failure
				  to comply with an accepted corrective action plan;
(3) the contractor's failure to follow an
				  agreed-upon audit resolution payment plan;
(4) the contractor's failure to submit an
				  acceptable cost report, if applicable;
(5) the contractor's failure to comply with
				  the contract requirements;
(6) the
				  contractor's failure to maintain a current required license or the contractor
				  allowing the expiration of any required license, if applicable;
(7) the contractor's relocation to a new
				  facility address that does not have the appropriate license, if
				  applicable;
(8) the contractor's
				  exclusion from contracting with the Agency or any health and human services
				  program;
(9) debarment or exclusion
				  from a federal program;
(10) a
				  validated or reports of abuse, neglect, or exploitation where an owner,
				  employee, or volunteer who has direct access to customers is the perpetrator
				  of, or enables, the abuse, neglect, or exploitation of a customer;
(11) substantiated claims of fraud against a
				  contractor; and
(12) any other
				  cause of so serious or compelling a nature that it affects the contractor's
				  ability to perform under the contract or presents an imminent risk of harm to
				  or liability for the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.10 - Debarment and Suspension of Contractors

Current through Reg. 49, No. 28; July 12, 2024
(a) Debarment and suspension apply to
				  contracts.
(b) Debarment shall be
				  imposed for a period commensurate with the seriousness of the cause(s).
				  Generally, debarment should not exceed three years, except for violations of 41
				  USC Chapter 81 Drug Free Workplace. If a suspension precedes a debarment, the
				  suspension period shall be considered in determining the debarment period. The
				  Agency may extend the debarment for an additional period, if the Agency
				  determines that an extension is necessary to protect the Agency's interest.
				  However, a debarment may not be extended solely upon the facts and
				  circumstances upon which the initial debarment action was based. If debarment
				  for an additional period is determined to be necessary, the same procedures to
				  impose an initial debarment shall be followed to extend the
				  debarment.
(c) A suspension is in
				  effect until an investigation, hearing or trial is concluded and the Agency
				  determines the contractor's future ability to contract or subcontract with the
				  Agency.
(d) The Agency may suspend
				  a contractor's contract if the Agency suspects that grounds may exist for
				  debarment.
(e) For purposes of both
				  debarment and suspension of a contract, the Agency may impute the conduct of an
				  individual even though the underlying conduct may have occurred while the
				  respondent was not associated with the contractor.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.11 - Causes and Conditions of Debarment

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may debar a contractor for
				  reasons including the following:
(1) Being
				  adjudicated as guilty, pleading guilty, pleading nolo contendere, or receiving
				  a deferred adjudication in a criminal court relating to:
(A) Obtaining, attempting to obtain, or
				  performing a public or private contract or subcontract;
(B) Engaging in embezzlement, theft, forgery,
				  bribery, falsification or destruction of records, fraud, receipt of stolen
				  property, making false statements or claims, tax evasion, or any other offense
				  indicating moral turpitude or a lack of business integrity or
				  honesty;
(C) Use or possession of
				  controlled or illegal substances, or other drug-related offense;
(D) Violating federal antitrust statutes
				  arising from submitting bids or proposals;
(E) Committing an offense involving physical
				  or sexual abuse or neglect; or
(F)
				  Committing an offense involving the direct support or promotion of human
				  trafficking.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.12 - Causes and Results of Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may suspend a contract
				  whenever grounds for debarment exist.
(b) Suspension will result in one or more of
				  the following:
(1) The Agency may withhold
				  payments, wholly or partly, to the contractor during the period of
				  suspension.
(2) The Agency may
				  refuse to accept a bid, offer, application, or proposal from, or to award a
				  contract to, the affected contractor during the period of suspension.
(3) The Agency may remove existing customers
				  referred from or cease referring customers to a suspended contractor and may
				  transfer existing customers to other contractors.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.14 - Notice for Debarment or Suspension

Current through Reg. 49, No. 28; July 12, 2024
Written notices of suspension or debarment must include the
					 following, as applicable:
(1) the
				  grounds for the action;
(2) the
				  length of the debarment;
(3) the
				  conditions that might cause a suspension to be released;
(4) a statement explaining the effect of the
				  suspension or debarment; and
(5) a
				  statement as to whether the suspension or debarment is in effect for all Agency
				  contracts or just for a particular Agency contract.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.15 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor may appeal an initial
				  adverse action rendered by the Agency under §
										858.9
				  of this chapter by hand delivery, mail, common carrier, facsimile (fax)
				  transmission, or other method approved by the Agency in writing. A contractor
				  shall only submit an appeal by hand delivery, mail, or common carrier to the
				  Agency as directed on the Contractor Notice of Appeal Rights (VR 1309). An
				  appeal sent by unapproved methods or to a different address will not be
				  considered by the Agency as a valid appeal.
(b) The Agency's initial adverse action is
				  final for all purposes unless the contractor files an appeal not later than 28
				  calendar days after the date on which the initial adverse action is mailed,
				  sent by electronic mail, or sent by facsimile to the contractor. The timeliness
				  of an appeal is subject to the rules and procedures set out in the Unemployment
				  Insurance rules at 40 TAC Chapter 815, except to the extent that such sections
				  are clearly inapplicable or contrary to provisions set out under these Chapter
				  858 rules or the contract between the parties.
(c) To be considered, the appeal must include
				  the following:
(1) A statement of facts
				  describing how an Agency decision, action, or inaction deviated from contract
				  terms, published policy, or state or federal laws or regulations;
(2) The contractor's claim, including
				  pertinent contract sections;
(3) A
				  statement of the issue or issues in dispute;
(4) A brief statement about why the Agency's
				  initial adverse action is wrong;
(5) Copies of evidence or documentation
				  supporting the appeal; and
(6) The
				  action requested.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.16 - Request for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor may submit a request for reconsideration following the Agency's
				  issuance of the appeal decision by hand delivery, mail, common carrier,
				  facsimile (fax) transmission, or other method approved by the Agency in
				  writing:
(1) A request for reconsideration
				  shall only be hand delivered, mailed, or sent by common carrier to the Agency
				  as directed on the Contractor Notice of Rights (VR 1309). A request for
				  reconsideration sent by unapproved methods or to a different address will not
				  be considered a valid request for reconsideration by the Agency.
(2) The timeliness of a request for
				  reconsideration is subject to the rules and procedures set out in the
				  Unemployment Insurance rules at Chapter 815 of this title, except to the extent
				  that such sections are clearly inapplicable or contrary to provisions set out
				  under these Chapter 858 rules or the contract between the parties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Council--Texas Council
				for Developmental Disabilities.
(2)
				Designated State agency--The State agency designated by the governor to provide
				administrative support to the Council.
(3) Developmental disability--The term
				"developmental disability" has the meaning as defined in federal law, the
				Developmental Disabilities Assistance and Bill of Rights Act as amended (42 USC
				6000 et seq).
(4) Executive
				director--Chief administrative officer of the Texas Council for Developmental
				Disabilities.
(5) Grant--An award
				of financial assistance, including cooperative agreements, in the form of
				money, property provided in lieu of money, or other financial assistance paid
				or furnished by the Council to an eligible recipient to carry out a program in
				accordance with the rules, regulations and guidance provided by the
				Council.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.2 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules
				are adopted under provisions of the Texas Human Resources Code, Title 40,
				Chapter 112.
(b) The following
				federal laws and regulations are adopted by reference into this part:
(1) Developmental Disabilities Assistance and
				Bill of Rights Act as Amended (U.S.C.6000 et. seq.); and
(2) Developmental Disabilities Program, 45
				Code of Federal Regulations, Parts 1385-1387.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.3 - Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Council for Developmental
				Disabilities is a joint state-federal program designed to assist people with
				developmental disabilities and their families to participate in the design of
				and access to needed community services and supports, and to promote the
				development of a consumer and family-centered, comprehensive system and a
				coordinated array of culturally competent services, supports, and other
				assistance designed to achieve independence, productivity, and integration and
				inclusion into the community for individuals with developmental
				disabilities.
(b) The Council
				performs its responsibilities through staff activities, grants or contracts to
				public, or nonprofit, or private for-profit organizations and in other ways as
				determined by the Council to carry out the state plan.
(c) The Council shall enter into a memorandum
				of understanding with the designated state agency which sets forth their
				respective roles.
(d) The
				designated state agency carries out the functions set forth in applicable
				federal and state laws and regulations and the memorandum of understanding with
				the Council.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.4 - Responsibilities of the Council

Current through Reg. 49, No. 28; July 12, 2024
The Council is an agency within the executive branch, but
				  functions independently within its statutory authority to serve the long-term
				  public interest. The Council is responsible for establishing the policy
				  framework through which the agency carries out its statutory responsibilities.
				  Specifically, the Council shall:
(1)
				exercise the authority provided by law to adopt policies and rules governing
				Council activities;
(2) develop and
				implement policies that clearly separate the policymaking authority of the
				Council and the management responsibilities of the executive director and staff
				of the Council;
(3) approve the
				state plan and amendments;
(4)
				serve as an advocate for state and federal legislation, appropriations and
				policies on behalf of individuals with developmental disabilities as authorized
				by federal law;
(5) oversee
				operations of the Council for integrity, effectiveness, and
				efficiency;
(6) approve personnel
				policies that provide for the selection, supervision, and evaluation of the
				executive director and staff;
(7)
				ensure projects and activities comply with all applicable federal and state
				requirements; and
(8) carry out
				other responsibilities as provided by Council policies.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.5 - TCDD State Plan

Current through Reg. 49, No. 28; July 12, 2024
The Council develops and submits the "TCDD State Plan for
				  Texans with Developmental Disabilities" in a manner consistent with federal law
				  and regulations. The state plan may be revised and updated after public review
				  and comment as provided by the federal requirements. The plan is available from
				  the offices of the Texas Council for Developmental
				  Disabilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.6 - Powers and Duties of the Executive Director

Current through Reg. 49, No. 28; July 12, 2024
The executive director is responsible for the effective and
				  efficient administration of the affairs of the Council subject to applicable
				  laws and this chapter and under the general direction of the Council. The
				  director shall select, supervise and evaluate staff to implement Council
				  approved activities consistent with policies approved by the Council. The
				  director may delegate responsibilities to Council staff as
				  appropriate.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.7 - Committees of the Council

Current through Reg. 49, No. 28; July 12, 2024
The Council may establish standing and special committees of
				  Council members to expedite the work of the Council. Members shall be appointed
				  to Committees in the manner provided by Council policies.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.8 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Standards of
				conduct of members and employees of the council are governed by Texas
				Government Code Annotated, Chapter 572, and by Human Resources Code Chapter
				112.0161.
(b) Council members and
				staff shall adhere to the conflict of interest policy approved by the
				Council.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.9 - Charges for Access to Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The charge to any person requesting
				copies of any public record of the Council will be the charge established by
				the Texas Government Code, Chapter 552 - Public Information Act.
(b) The Council may reduce or waive these
				charges at the discretion of the executive director if there is a public
				benefit.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.10 - Petition for Rules or Changes to Rules

Current through Reg. 49, No. 28; July 12, 2024
Any interested person may petition the Council for a rule or
				  rule change by submitting a request to the executive director in a manner and
				  form as directed by the Council, consistent with state law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.11 - Applicability of Open Meetings Act

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				official minutes of all Council and committee meetings are kept in TCDD staff
				offices, are posted on the TCDD website, and are available for public review as
				authorized by the Open Meetings Act.
(b) Opportunities to provide public comments
				are provided at each Council and committee meeting. The chair of the Council or
				committee may limit each person presenting public comments or public testimony
				on any agenda item to a certain number of minutes by announcing the period when
				comments or testimony are given.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 876 - GENERAL PROVISIONS › Section 876.12 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
The dispute resolution process provided for in Chapter 2260
				  of the Government Code shall be used by the State and any other party to
				  attempt to resolve any claim for breach of contract made by any party against
				  the State as applicable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 877 - GRANT AWARDS › Section 877.1 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) As authorized by Texas Human Resources
				Code, Title 7, Chapter 112, §112.020(a)(3), the Council may contract or
				provide grants to public or private organizations to implement the TCDD State
				Plan for Texans with Developmental Disabilities, if funds are
				available.
(b) The Council may
				solicit applications from state agencies, non-profit organizations, or private
				for profit organizations that have organizational expertise related to the
				requirements of the solicitation .
(c) The Council may accept unsolicited ideas
				for future projects consistent with Council policies and procedures.
(d) The Council may develop projects with
				organizations without competitive applications as allowed by state and federal
				requirements and Council policies.
(e) All grantees shall comply with applicable
				state and federal requirements including the Texas Uniform Grant Management
				Standards. Office of Management and Budget (OMB) circulars, and Council grants
				procedures.
(f) Independent audits
				of grantees are required for each year of funding in accordance with the
				requirements of OMB Circulars and Texas Uniform Grant Management Standards.
				Project specific independent reviews and other procedures may be required of
				grantees not subject to annual independent audit requirements of OMB or UGMS
				consistent with Council policies. The Council shall reimburse the grantees for
				the reasonable cost of the required audit activities.
(g) Grant awards shall contain appropriate
				provisions for program and fiscal monitoring and for collection and submission
				of evaluation data and related reports.
(h) The Council may limit by policy the
				amount of Council funds allowed to reimburse indirect costs of projects. Any
				indirect costs of a grantee above those amounts may be allowed as part of the
				required non-federal participant share.
(i) The Council may by policy reduce
				reimbursements to grantees when required reports or final expenditure reports
				are not submitted within at least 60 days following the established due
				date.
(j) Donated time and services
				may be included as a financial match contribution unless otherwise restricted
				by a specific request for applications or by state or federal
				requirements.
(k) No organization
				shall receive more than three (3) direct grants from the Council at any
				time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 877 - GRANT AWARDS › Section 877.2 - Application and Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				requests for applications will be published in the
Texas
				Register
and posted on the Council's website, and a notice will be
				provided to interested parties.
(b)
				Application information for each request for application shall be available
				upon request from Council offices and will be made available at the Council's
				website.
(c) Proposals received
				after the closing date will not be considered unless an exception is approved
				in a manner consistent with Council policies.
(d) Projects seeking continuation funding may
				have separate application forms, instructions, and procedures, as determined by
				Council staff.
(e) Grants shall be
				awarded based on guidelines that reflect state and federal mandates. Selection
				criteria shall be designed to select applications that provide best overall
				value to the state and to the Council and meet the requirements and intent of
				the Council as provided in the request for applications.
(f) Final approval of organizations to
				receive grant funding shall be determined by the Council consistent with
				Council policies.
(g) Council staff
				may negotiate with selected applicants to determine the final terms of the
				award.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 877 - GRANT AWARDS › Section 877.3 - Payment Withhold, Suspension or Termination of Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) If a grantee fails to comply with the
				terms of the grant, the Council may withhold payment, suspend authority to
				obligate or receive grant funding pending the result of corrective
				measures.
(b) The Council, in its
				complete discretion, may terminate authority to obligate or receive grant
				funding prior to the end of the funding period if corrective actions are not
				taken during the suspension period, or if the deficiency is serious enough to
				warrant immediate termination.
(c)
				A grant, or portion thereof, may also be terminated at the grantee's request by
				approval of the Council executive director.
(d) The procedure to request reconsideration
				of a suspension or termination of funding shall be included in grant award
				materials.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 877 - GRANT AWARDS › Section 877.4 - Appeal of Funding Decisions

Current through Reg. 49, No. 28; July 12, 2024
Appeals may be submitted from applicants for grants who did
				  not receive funding, or from grantees whose grants have not been awarded
				  continuation funding. The appeals process adopted by the Council shall be
				  included in the agency grants manual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 21 - TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES › Chapter 877 - GRANT AWARDS › Section 877.5 - Confidentiality of Records

Current through Reg. 49, No. 28; July 12, 2024
A grantee that provides direct services to individuals under
				  a Council grant must have a system to protect client records from inappropriate
				  disclosure. Disclosure of confidential information must be in accordance with
				  applicable law.